Agenda packet — Orange City Council, September 26, 2023 (part 1 of 3)

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
September 26, 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 identify the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments” section at the beginning of the Regular Session. No action may be taken on off -agenda items unless authorized by law .

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

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1 City Council Agenda September 26, 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 September 26, 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 Organizations: Orange Maintenance and Crafts Employees’ Association, Orange Management Association, Orange Municipal Employees' Association, and Water Division Employees’ Association
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - Two cases Name of Case: Mary's Kitchen, et al. v. City of Orange.

United States District Court Case No. 8:21-cv-01483
Name of Case: Mary’s Kitchen, et al. v. City of Orange
Orange County Superior Court Case No. 30-2021-01224070

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 September 26, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Rob Curington from Orange Villa Bible Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Kathy Tavoularis

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation recognizing September 15 – October 15 as National Hispanic Heritage Month

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:

Staff ReportAttachments:

3.2. Agreement with RLA Conservation, LLC for Plaza Park Fountain Conservation Treatment.

1. Approve the agreement with RLA Conservation, LLC in the amount of $ 104,005 for conservation treatment of the Plaza Park fountain and authorize the Mayor and the City Clerk to execute on behalf of the City.

Recommended Action:

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4 City Council Agenda September 26, 2023

2. Authorize the appropriation of $ 104,005 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.

Staff Report
Agreement with RLA Conservation, Inc.

Attachments:

3.3. Agreement with the State of California Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2023-2024.

1. Approve grant agreement no. PT24138 with the State of California Office of Traffic Safety in the amount of $330,000 for the Selective Traffic Enforcement Program grant and authorize the City Manager to execute on behalf of the City.

2. Accept into the City ’s revenue budget a $330,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30231, General Fund - OTS STEP Grant FY24.

3. Authorize the appropriation of $330,000 into the following Traffic Program expenditure accounts:
100.4041.50221.30231 Overtime - Safety OTS Grant 23-24 $271,173 100.4041.50222.30231 Overtime - Miscellaneous OTS Grant 23-24 24,382 100.4041.51840.30231 Local Training OTS Grant 23-24 2,897 100.4041.55131.30231 Equipment OTS Grant 23-24 31,548 Total $330,000
Recommended Action:

Staff Report
OTS STEP Grant Agreement No. PT24138
Attachments:

3.4. Appropriation of $ 15,927 in designated grant and disbursement funding received from the National Science Foundation, Dish Wireless, and Santiago Library System.

1. Accept into the City ’s revenue budget $15,927 in grant and disbursement funds from National Science Foundation, Dish Wireless, and Santiago Library System into the following revenue account numbers in the General Fund: $1,000 into account number 100.2001.45150.30232, Blue Whales Project Grant; $7,500 into account number 100.2001.48390.00000, Donations; and $7,427 into account number 100.2001.48390.19988, Santiago Library System.

2. Authorize the appropriation of $15,927 in grant and disbursement funds into the following expenditure account numbers in the General Fund: $1,000 into account number 100.2017.53340.30232, Craft Supplies - Blue Whales Project Grant; $7,500 into account number 100.2001.53001.19986, Materials & Supplies - Donations, and $7,427 into account number 100.2001.53301.19988, Books - Santiago Library System.

Recommended Action:

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5 City Council Agenda September 26, 2023
Staff Report
Blue Whales Project Grant Contract and Award
Attachments:

3.5. Appropriation of $ 28,241 in designated grant funding received from California Library Literacy Services.

1. Accept into the City ’s revenue budget a $28,241 grant from California Library Literacy Services, into revenue account number 100.2001.45290.30225, General Fund - California Library Literacy Services Grant.

2. Authorize the appropriation of $28,241 to California Library Literacy Services Grant into the following expenditure account numbers:
$22,000 100.2001.50312.30225 Part-time Misc. Salaries
6,241 100.2001.53001.30225 Materials and Supplies
Recommended Action:

Staff Report
FY24 Library Literacy Grant Award Letter
Attachments:

3.6. Appropriation of $ 180,000 from the Fire Facility Fee Districts Fund (560) into various Capital Improvement Project (CIP) accounts.

1. Authorize the total appropriation of $180,000 from the Fire Facility Fees Fund (560) unreserved fund balance into the following CIP expenditure accounts as specified in Section 6 of the staff report:
a. $90,000 for Turnout Equipment and Replacement (20124) b. $50,000 for Fire Station Maintenance (20334)
c. $19,000 for Emergency Medical Services (EMS) Electronic Patient Care Report (ePCR) Replacement Program (20171)
d. $16,000 for Wellness Equipment Replacement (30032)
e. $5,000 for Self -Contained Breathing Apparatus (SCBA) Retrofit and Replacement (20104)
Recommended Action:

Staff ReportAttachments:

3.7. Approval of plans and specifications for Bid No. 23-24.11; SP -4268; Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024, authorization to advertise for bids, and finding of CEQA exemption.

1. Approve the plans and specifications and authorize advertising for bids for Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024.

2. Authorize the appropriation of $200,000 from Unreserved Fund 287 Citywide TSIP to expenditure account number 287.5011.56330.13120 Pavement Management Program.

Recommended Action:

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6 City Council Agenda September 26, 2023
Staff Report
Location Maps
Attachments:

3.8. Award of Contract to Sequel Contractors, Inc. for Lomita Neighborhood Street Improvement Project; Bid No. 23-24.04.

Approve the contract with Sequel Contractors, Inc. in the total amount of $ 777,271, representing an original amount of $ 706,610 plus a 10% contingency of $ 70,661 for the Lomita Neighborhood Street Improvement Project (SP-4220); and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Contract with Sequel Contractors, Inc.

Location Map
Attachments:

3.9. Award of Contract to Interior Demolition, Inc. for Bid No. 23-24.08; SP -4262; Demolition of Building at 2829 N. Glassell Street.

1. Waive minor public works bidding irregularity in the bid proposal received by Interior Demolition, Inc.

2. Authorize the appropriation of $140,000 from the Capital Projects (500) unreserved fund balance to 500.7021.56012.20533 (2829 N. Glassell Street).

3. Award contract to Interior Demolition, Inc. in the total amount of $136,620, representing an original bid amount of $124,200, plus a 10% contingency of $12,420, for the Demolition of Building at 2829 N. Glassell Street; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Bid Abstract
Location Map
Contract with Interior Demolition, Inc.

Attachments:

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7 City Council Agenda September 26, 2023

3.10. First Amendment to Contract with Sequel Contractors, Inc .; and Final Acceptance of Bid No. 22-23.17; SP -4237; Community Development Block Grant, Fiscal Year 2022-2023, Sycamore and Palmyra Neighborhood Street Rehabilitation and Americans with Disabilities Act Wheelchair Access Ramp Replacement at Various Locations and authorization to file Notice of Completion.

1. Approve the First Amendment to Contract in the amount of $92,345.85 to Sequel Contractors, Inc. for the additional work and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Accept Community Development Block Grant, Fiscal Year 2022-2023, Sycamore and Palmyra Neighborhood Street Rehabilitation and Americans with Disabilities Act Wheelchair Access Ramp Replacement at Various Locations as complete and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

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

3.11. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Sections 3.08.080 and 3.08.410 of the Orange Municipal Code .

Ordinance No. 12-23
Adopt Ordinance No. 12-23.

Recommended Action:

Staff Report
Ordinance 12-23
Attachments:

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

4. REPORTS FROM MAYOR SLATER

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

No action(s) will be taken pursuant to Government Code Section 54954.2(a)(3).

5.1. Sweet Orange Program (Barrios/Tavoularis)

5.2. Love Orange Day (Barrios)

6. AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code Section 53232.3(d) on meetings and conferences attended at the City's expense.

7. ADMINISTRATIVE REPORTS

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8 City Council Agenda September 26, 2023

7.1. Consideration of a two -year professional services agreement with Townsend Public Affairs, Inc. for grant writing and legislative advocacy services.

Approve a two -year agreement with Townsend Public Affairs, Inc. in the amount of $216,000 for legislative advocacy and grant writing services expended from account number 100.0201.51780.00000, and authorize the Mayor and City Clerk to execute the two-year agreement on behalf of the City.

Recommended Action:

Staff Report
Townsend Public Affairs Agreement
Listing of Awarded Projects and Funding Programs
Attachments:

7.2. Consideration of a 50-Year Lease Agreement with Orange County Flood Control District for West Orange Park.

Approve a 50-Year Lease Agreement between Orange County Flood Control District and the City of Orange, allowing the City to develop and operate a passive park on approximately 2.38 acres of land owned by Orange County Flood Control District.

Recommended Action:

Staff Report
Proposed OCFCD Lease Agreement
Attachments:

7.3. Implementation of permit parking on both sides of Palm Avenue from Wayfield Street to Park Lane; both sides of Wayfield Circle south of Palm Avenue; both sides of Park Lane from Dana Place to Palm Avenue; and both sides of Wayfield Street between Palm and Walnut Avenues. Resolution No. 11495.

1. Approve permit parking on the streets listed above.

2. Adopt Resolution No. 11495. A Resolution of the City Council of the City of Orange adopting a revised master resolution of designated permit parking areas within the City of Orange.

Recommended Action:

Staff Report
NPPP Implementation Policy Update 2022
Resolution No. 11495
Area Map
Map of PPOA #3
August 9, 2023, CTC Staff Report
August 9, 2023, CTC DRAFT Minutes
Notification Letter
Attachments:

8. LEGAL AFFAIRS

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9 City Council Agenda September 26, 2023

8.1. Introduction and First Reading of an ordinance adding Chapter 2.62 to Title 2 of the Orange Municipal Code, and establishing the Santiago Creek Commission; and finding of CEQA exemption. Ordinance No. 13-23.

Introduce and conduct First Reading of Ordinance No. 13-23. An Ordinance of the City Council of the City of Orange adding Chapter 2.62 to Title 2 of the Orange Municipal Code (Administration and Personnel) establishing a new advisory commission regarding Santiago Creek.

Recommended Action:

Staff Report
13-23 - Santiago Creek Commission
Attachments:

9. REPORTS FROM CITY MANAGER

9.1. Skatepark Project Update

10. ADJOURNMENT
The City Council will adjourn to a meeting on Tuesday, October 3, 2023 at 6:00 p.m. in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

The next Regular City Council meeting will be held on Tuesday, October 10, 2023, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

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

Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: Thursday, September 21, 2023

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10 Agenda Item
City Council
Item #: 3.1. 9/26/2023 File #: 23-0599
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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11 Agenda Item
City Council
Item #: 3.1. 9/26/2023 File #: 23-0599
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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12 Agenda Item
City Council
Item #: 3.2. 9/26/2023 File #: 23-0605
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with RLA Conservation, LLC for Plaza Park Fountain Conservation Treatment.

2. SUMMARY
The historic Plaza Park fountain was damaged during a vehicle collision on March 13, 2023. Due to the fountain’shistoric nature and the individual listing of the Plaza on the National Register of Historic Places, the work performed on the fountain must meet the Secretary of Interior’s Standards for Historic Rehabilitation. As a result, staff is recommending the approval of an agreement with RLA Conservation, LLC in the amount of $104,005 to complete the necessary repairs and restoration of the fountain including, cleaning of fountain tiles and grout, repairs to the fountain basin and lining, and painting of the fountain/pedestal.

3. RECOMMENDED ACTION

1. Approve the agreement with RLA Conservation, LLC in the amount of $104,005 for conservation treatment of the Plaza Park fountain and authorize the Mayor and the City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $104,005 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.

4. FISCAL IMPACT
The total expenditure for the agreement is $104,005 and will be funded in the Plaza Fountain Repair Project (20351)) through the Park Acquisition (Infill) fund (510). Upon approval of this appropriation, the estimated fund balance in fund 510 on June 30, 2024, will be $3.85 million.

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
The Plaza Historic District attained significance throughout the state as a historic landmark in 1981 and was placed on the National Register of Historic Places in 1982. The centerpiece and heart of the Plaza is the historic fountain built in 1937. The most recent in-depth restoration of Plaza Park and the historic fountain occurred in 2000 as part of the comprehensive Plaza Preservation Project, a thorough Redevelopment Agency-funded rehabilitation effort performed in conformance with the City of Orange Printed on 9/21/2023Page 1 of 3
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13 Item #: 3.2. 9/26/2023 File #: 23-0605
thorough Redevelopment Agency-funded rehabilitation effort performed in conformance with the City’sHistoric Preservation Design Standards as well as the Secretary of Interior’sStandards for Historic Preservation, the nationally accepted standards for historic preservation practices. At that time, great care was taken to refurbish and repair the tile and floor surface of the fountain basin, as well as the metal, finish, and “dancing waters” function of the fountain itself. The environmental assessment prepared for the project included mitigation requiring a qualified historic preservation professional meeting the Secretary of Interior’sProfessional Qualifications Standards to review and approve construction drawings and perform periodic inspections during construction.

On March 13, 2023, the fountain was damaged during a vehicle collision. The vehicle impact destroyed a section of the fountain basin and damaged some of the adjacent historic tile on the interior and exterior of the basin. Due to the fountain’shistoric nature, the work performed on the fountain must meet the Secretary of Interior’sStandards for Historic Rehabilitation. Particular care is required in the selection of materials, attention to detail, and installation methods to ensure that the restoration work achieves the desired aesthetic outcome upon completion, can withstand the test of time, and maintains the historic integrity of the fountain as a historic character defining feature of The Plaza.

As such, staff engaged the City’shistoric preservation consultant, Chattel, Inc., Historic Preservation Consultants (Chattel) to provide guidance on the reconstruction and repair of the basin including selection of materials, method of installation, and finish details. The scope of services also included guidance related to conservation of historic building materials such as appropriate methods for cleaning and surface preparation processes/specifications for the Plaza fountain, tiles, and basin.

Chattel retained RLA Conservation, LLC (RLA) as a subconsultant to perform the historic conservation services.

RLA assessed the existing tiles, the fountain basin, and the cast iron fountain, which included a materials analysis and testing a variety of products and applications for cleaning. RLA delivered cleaned sample tiles to California Pottery, the vendor retained to manufacture the replacement tiles, in order to begin fabricating the new fountain tiles. RLA provided a Conservation Testing Report to the City in August 2023 and compiled their findings into a scope of work detailing necessary treatment of various components to ensure historical preservation of the fountain.

The Conservation Treatment Proposal submitted by RLA is divided into three categories. The following table details the scope and expense associated with each category:

Group Scope Expense
Conservation Treatment of
the Historic Tile & Grout
Cleaning the tiles; repairing select
damaged tiles; eliminating damaged
grout; re-grouting areas.
$28,050
Conservation Treatment of
the Basin Cracks & Lining
Micro-abrasion cleaning on areas of the
lining with engraved dates; repairing
cracks in outer basin; and recoating the
interior basin lining while protecting and
maintaining the original engraved date.
$47,350
Conservation Treatment of
the Historic Cast Iron
Fountain
Remove existing coatings from the
central cast iron basin, lighting conduit,
fixtures, and the upper fountain and re-
coating the metal surfaces
$19,150
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14 Item #: 3.2. 9/26/2023 File #: 23-0605
Group Scope Expense
Conservation Treatment of
the Historic Tile & Grout
Cleaning the tiles; repairing select
damaged tiles; eliminating damaged
grout; re-grouting areas.
$28,050
Conservation Treatment of
the Basin Cracks & Lining
Micro-abrasion cleaning on areas of the
lining with engraved dates; repairing
cracks in outer basin; and recoating the
interior basin lining while protecting and
maintaining the original engraved date.
$47,350
Conservation Treatment of
the Historic Cast Iron
Fountain
Remove existing coatings from the
central cast iron basin, lighting conduit,
fixtures, and the upper fountain and re-
coating the metal surfaces
$19,150
The total cost for RLA’sscope of work is $94,550. A 10% contingency of $9,455 is recommended to be added for unexpected circumstances. Staff is recommending that the City Council approve an agreement with RLA to provide conservation treatment for the fountain in the amount of $104,005.

Staff has researched available competitive options and, with the approval of the City Manager, certifies that this one vendor is the only one able to perform the required services within the timeframe and under the terms and conditions which reasonably meet the needs of the Community Services Department. Staff is also recommending that the City Council approve an appropriation of $104,005 from the Park Acquisition (Infill) fund (510) unreserved fund balance to fund this project.

Based on approval of the agreement and RLA’savailability, work is tentatively scheduled to begin in early October and anticipated to take 4-6 weeks. Installation of the new tiles will begin once they are received, and the cleaning has been completed.

7. ATTACHMENTS
· Agreement with RLA Conservation, Inc.

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15 Agenda Item
City Council
Item #: 3.2. 9/26/2023 File #: 23-0605
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community Services Director

1. SUBJECT
Agreement with RLA Conservation, LLC for Plaza Park Fountain Conservation Treatment.

3. RECOMMENDED ACTION

1. Approve the agreement with RLA Conservation, LLC in the amount of $104,005 for conservation treatment of the Plaza Park fountain and authorize the Mayor and the City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $104,005 from the Park Acquisition (Infill) fund (510) unreserved fund balance to expenditure account 510.7021.56020.20531 - CIP-Bldg & Improv-Plaza Fountain Repair.

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
The Plaza Historic District attained significance throughout the state as a historic landmark in 1981 and was placed on the National Register of Historic Places in 1982. The centerpiece and heart of the Plaza is the historic fountain built in 1937. The most recent in-depth restoration of Plaza Park and the historic fountain occurred in 2000 as part of the comprehensive Plaza Preservation Project, a thorough Redevelopment Agency-funded rehabilitation effort performed in conformance with the City of Orange Printed on 9/21/2023Page 1 of 3
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16 Item #: 3.2. 9/26/2023 File #: 23-0605
thorough Redevelopment Agency-funded rehabilitation effort performed in conformance with the City’sHistoric Preservation Design Standards as well as the Secretary of Interior’sStandards for Historic Preservation, the nationally accepted standards for historic preservation practices. At that time, great care was taken to refurbish and repair the tile and floor surface of the fountain basin, as well as the metal, finish, and “dancing waters” function of the fountain itself. The environmental assessment prepared for the project included mitigation requiring a qualified historic preservation professional meeting the Secretary of Interior’sProfessional Qualifications Standards to review and approve construction drawings and perform periodic inspections during construction.

Chattel retained RLA Conservation, LLC (RLA) as a subconsultant to perform the historic conservation services.

The Conservation Treatment Proposal submitted by RLA is divided into three categories. The following table details the scope and expense associated with each category:

Group Scope Expense
Conservation Treatment of
the Historic Tile & Grout
Cleaning the tiles; repairing select
damaged tiles; eliminating damaged
grout; re-grouting areas.
$28,050
Conservation Treatment of
the Basin Cracks & Lining
Micro-abrasion cleaning on areas of the
lining with engraved dates; repairing
cracks in outer basin; and recoating the
interior basin lining while protecting and
maintaining the original engraved date.
$47,350
Conservation Treatment of
the Historic Cast Iron
Fountain
Remove existing coatings from the
central cast iron basin, lighting conduit,
fixtures, and the upper fountain and re-
coating the metal surfaces
$19,150
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17 Item #: 3.2. 9/26/2023 File #: 23-0605
Group Scope Expense
Conservation Treatment of
the Historic Tile & Grout
Cleaning the tiles; repairing select
damaged tiles; eliminating damaged
grout; re-grouting areas.
$28,050
Conservation Treatment of
the Basin Cracks & Lining
Micro-abrasion cleaning on areas of the
lining with engraved dates; repairing
cracks in outer basin; and recoating the
interior basin lining while protecting and
maintaining the original engraved date.
$47,350
Conservation Treatment of
the Historic Cast Iron
Fountain
Remove existing coatings from the
central cast iron basin, lighting conduit,
fixtures, and the upper fountain and re-
coating the metal surfaces
$19,150
The total cost for RLA’sscope of work is $94,550. A 10% contingency of $9,455 is recommended to be added for unexpected circumstances. Staff is recommending that the City Council approve an agreement with RLA to provide conservation treatment for the fountain in the amount of $104,005.

7. ATTACHMENTS
· Agreement with RLA Conservation, Inc.

City of Orange Printed on 9/21/2023Page 3 of 3
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18 CONTRACT
[Plaza Park Fountain Conservation Treatment Services]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and RLA CONSERVATION LLC, a California limited liability company (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

(1) Contractor’s scope of work, which is attached hereto as Exhibit A, and incorporated herein.

b. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

c. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

d. Unless and until otherwise notified in writing by City’s Community Services Director, City’s Senior Project/Landscape Coordinator , Nathan Bluhm (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Community Services Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Community Services Director.

19 2
e. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor’s Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid Proposal conflicting herewith.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within ninety (90) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

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

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed NINETY-FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS and 00/100 ($94,550.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of NINE THOUSAND FOUR HUNDRED FIFTY -FIVE DOLLARS and 00/100 ($ 9,455.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney . The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.
20 3

c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HUNDRED FOUR THOUSAND FIVE DOLLARS and 00/100 ($104,005.00).

ARTICLE 4
Licenses

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

ARTICLE 5
Guarantees

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

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

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

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

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

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

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non -storm water discharges resulting from municipal 21 4
activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) t hat City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry -weather urban runoff, storm water runoff, and receiving water qual ity. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

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

ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contrac t. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required f or furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance wit h social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

ARTICLE 8
Public Work; Prevailing Wage

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

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevail ing rates of wages to all such workers . The general prevailing wage determinations for crafts can be located on the website of the Department 22 5
of Industrial Relations ( www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

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

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

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation , any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time t o time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

During the performance of this Contract, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in 23 6
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, men tal or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

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

ARTICLE 11
Indemnity

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

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, c ontractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

b. Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s Work under this Contract, including any and all claims under any law pertaining to Contractor’s status as an independent contractor.

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection 24 7
with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.

b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

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

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

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

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

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

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

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

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an 25 8
additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.

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

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

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

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

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

i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance t o either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

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

ARTICLE 13
Termination

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

Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides 26 9
otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

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

ARTICLE 15
Compliance with Laws

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

b. Contractor represents and warrants that it:

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

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

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

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

27 10
c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract.

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

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

f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulati ons in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue

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

ARTICLE 17
Integration and Amendment

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

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

ARTICLE 18
Notice

Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party 28 11
in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

RLA Conservation LLC City of Orange
5418 Packard Street 300 E. Chapman Avenue
Los Angeles, CA 90019 Orange, CA 92866-1591

Attn: Christina Varvi Attn: Nathan Bluhm

Telephone: 323-377-8425 Telephone: (714) 532-6491
E-Mail: [email protected] E-Mail: [email protected]

ARTICLE 19
Claim Resolution

City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts

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

[Remainder of page intentionally left blank; signatures on next page] 29 12
“CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Melissa M. Crosthwaite
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater, Mayor

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

RLA CONSERVATION LLC, a California
limited liability company

[Note: Signature of Managing Member By:
or Person(s) Authorized to bind LLC is Printed Name:
(are) required] Title:

By:

Printed Name:

Title:

√

30 Attachment No. 1

Page 1 of 13 ends

ATTACHMENT NO. 1

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

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

Coverage may be evidenced by a current an d valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or sinc e the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
31 Attachment No. 1

Page 2 of 13 ends

(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000). (b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section. (3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771. Payment of general prevailing rate

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 32 Attachment No. 1

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Section 1771.1 . Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 33 Attachment No. 1

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 34 Attachment No. 1

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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts

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

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 36 Attachment No. 1

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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 37 Attachment No. 1

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

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 38 Attachment No. 1

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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each cal endar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or underg o testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 39 Attachment No. 1

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

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

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1 -to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which th e apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002 -03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Indust rial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used s olely for training apprentices. For purposes of this subparagraph, adequate records incl ude, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to recei ve any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate th e process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 42 Attachment No. 1

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

Section 1815. Overtime

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

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and f ormed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 44 Attachment No. 2

Page 2 of 3 ends

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

Page 3 of 3 ends

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 46 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
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1 CONSERVATION TREATMENT PROPOSAL
CITY OF ORANGE – PLAZA PARK FOUNTAIN

Prepared for: City of Orange – Community Services Dept.

Attn: Nathan Bluhm, Sr. Project/Landscape Coordinator
300 E. Chapman Ave.

Orange, CA 92866
office: 714-532-6491
[email protected]

Prepared by: Christina Varvi, Chief Conservator
[email protected]
Sonia T. Jerez Fraj, Conservator
[email protected]
Nelson Hallonquist, Director of Operations
[email protected]

Phase I Testing: July 24 - 26, 2023

Date of Proposal:

September 11, 2023

RLA Conservation is pleased to submit the following conservation treatment proposal for the treatment of an historic tiled and painted cast iron fountain located at the center of Plaza Park in the City of Orange, CA. The following proposal is based on the results of testing performed by RLA in late July 2023.

We have divided this proposal into three (3) groups:
• Group A: Conservation Treatment of the Historic Tile & Grout • Group B: Conservation Treatment of the Basin Cracks & Lining • Group C: Conservation Treatment of the Historic Cast Iron Fountain Record images are included in this report. Additional images were taken during the testing phase.

To access all images, please copy and paste the following Dropbox link into your internet browser:

https://www.dropbox.com/scl/fo/iaq84ny0c0kooky9qw1ny/h?rlkey=wdl7zosrme9gygpvm2ou270su&dl=0

Title: Plaza Square Fountain
Date: 1937
Materials:

Dimensions:

Glazed ceramic tile, concrete, cast iron, paint (Tnemec), grout, glass, aluminum
Outer basin: approx. 25’ in diameter
Central Fountain 6’ in diameter x 6.5’ H (including tiled plinth) 47 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
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2 DESCRIPTION & SITING:

The fountain at the center of Plaza Square consists of a large outer basin at ground level with a central pedestal upon which a smaller fountain basin is installed. The overall configuration of the fountain has been modified several times since its installation in 1937. However, the majority of its current components are historic. The outer basin consists of poured-in-place concrete clad with glazed ceramic tiles in solid shades of blue, red, orange/terra cotta, golden yellow, and green. The grout may have been replaced or renewed in localized areas at some point in time, but currently appears to be a mixture of what may be white epoxy grout with sanded white cementitious grout smoothed over the skyward-facing surfaces. The interior surfaces of the basin have been coated with an unknown light blue colored coating. The coating is thin enough that the original casting/installation date is still visible. The central plinth is also clad with blue, red, and green tile of varying sizes. The smallest tiles are 1” square and encircle the cylindrical plinth. These tiles are not original/historic and date to the last major intervention in 2001. At the outer vertical face of the basin, there is a bronze dedication plaque set within the tile field and secured with hardware.

There is also a bronze plaque and engraved granite plaque set within the encircling stained concrete pavers.

Mounted atop the central plinth is a painted cast iron pedestal fountain. The paint is glossy white and is monochrome throughout the fountain surface. Mounted to the underside of the upper basin lip are alternating red, white, and blue lightbulb covers that encircle the underside of this basin.

The bulbs appear to be thick glass and are somewhat pill shaped. The conduit, mounts, and sockets appear to be painted aluminum. Water appears to emanate from a primary central spout that is encircled by a ring of smaller spouts that is made of brass or bronze. The supports for the spouts are painted mild steel. Water flows over the upper basin edges and into the larger outer basin. Per the City, the water re-circulates from the smaller upper basin, into the lower basin, and cycles through the plumbing to be pumped up through the smaller basin again. The water is routinely treated with liquid chlorine and dichlor (dichloro-S- Triazinetrione – another type of chlorine) as well as muriatic acid to mitigate development of biological growths and other bacteria from forming. Additionally, a Biodex® brand tile cleaner is also used.

The fountain is centered within Plaza Square, a circular plaza/park encircled by a busy-two-lane roadway at the center of historic downtown Orange, CA. As such, the surfaces are subjected to higher concentrations of corrosive vehicle exhaust particulates. The outer surfaces of the basin are highly accessible to the public and conditions of outer surface tiles indicate frequent public interaction. There are no encroaching plantings around the outer basin perimeter and no overhanging tree branches. The fountain receives shade in the morning and is in full sun the rest of the day. Aside from the lighting underneath the lip of the central basin, there is no other internal or external lighting for the fountain. There is additional ambient light from nearby streetlamps. It is unknown if the fountain specifically is protected with security cameras. New bollards have been installed around the plaza to help mitigate future vehicular accidents.

48 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
3 CONDITION:

Part of the outer basin wall and its tiles were damaged when a car left the roadway and struck the fountain. The concrete portion of the wall that is now missing and its tiles will be repaired by McCandless Tile (originally fabricated the fountain) with replica tile fabricated by California Pottery & Tile. However, there are adverse and visually detracting conditions present outside of the accident event that the City would also like to address.

The tile throughout the fountain exhibits varying degrees of mineral deposit accumulation.

Southern California has notoriously hard water. Since the fountain water is re-circulating and not drained and replenished with any set frequency, mineral concentration likely builds up over time as water evaporates, leaving the heavier minerals behind. The concentration of deposits varies depending on location. Tiles above the water line at the interior vertical face of the outer basin exhibit the greatest accumulation of deposits, followed by the north/northeast skyward-facing surfaces of the outer basin due to wind-blown water from the central spouts.

While the tile at the central plinth appears to be in good condition, the extant tile around the cap of the outer basin varies in condition due to its high level of interaction from the general public.

Incised graffiti mars the glaze of multiple tiles. This type of damage cannot be repaired in kind. In- painting can reduce its visually detracting appearance, but it will always be visible to some extent at normal viewing distance (i.e., within 3’). Glaze and clay body losses were also noted and range in size from approximately ¼” in diameter to several inches in diameter. In discussion with the client, losses greater than 1/3 – ½ of the tile may warrant full removal and replacement of the tile in kind due to the excessive extent of damage. Repair attempts have occurred at some of these larger losses, including white cementitious material or straight grout.

The grout throughout the outer fountain basin is in fair to good condition. What appears to be epoxy modified grout at the vertical surfaces appears intact with no cracking or separation occurring at the joins with the tiles. The grout at the skyward facing surfaces is in varied condition.

It appears as though sanded white cementitious grout has been added in these areas. The grout is soiled, cracking, and in some areas missing.

The light blue liner of the interior basin largely appears to be intact. It has discolored over time, likely due to prolonged chemical exposure, abrasion, UV, etc. Due to the accident, there is a sizable amount of dirt and small debris throughout the basin. There are hairline cracks radiating from the central plinth/pedestal to the outer edge of the basin. RLA sounded the length of these cracks and found some localized areas of delamination where the cementitious material below the blue coating was cracked and delaminating. This was only observed on the horizontal surfaces of the basin floor, not the vertical walls. Several hairline cracks were noted in the walls, but they did not sound hollow when sounded. Most of the cracks are at interior surfaces only and may not translate to the exterior/through the full depth of the basin wall. City staff indicated that there were no reported leaks or breaches of the basin seal prior to the accident. However, during the investigation, RLA did observe moderate to heavy mineral deposit build-up at the south/southwest vertical surface, which likely indicates a breach/leak in the outer basin itself. At a minimum, the 49 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
4 liner will need patching to blend in the area of wall repair after it has been reconstructed and re- tiled.

According to the City, the central fountain element is in good working order. It is unknown if all of the lights are operating as they should. City staff also indicated that the elevated central fountain basin has been repainted several times. It is unclear if the same Tnemec® products have been used during subsequent re-paintings of the fountain. After performing paint stripping tests, it was evident that the fountain has not been fully stripped to bare metal and primed before re-painting. Multiple layers of paint were noted, some of which were not well bonded to the paint layer below.

Corrosion was noted throughout the cast iron surface, emanating through cracks and pinholes in the paint layers. On the undersides of the smaller upper basin, the paint is very glossy and the texture is thick and not homogenous throughout. There are also gray mineral deposit build-ups on the pedestal. The multiple layers of overpaint must be removed to address the underlying corrosion as well as ensure the cast decorative schemes on the pedestal are not obscured or diminished by applying additional thick layers of overpaint.

SELECT CONDITION PHOTOGRAPHS:

Detail of painted cast iron plinth with adhered and
discolored mineral deposits as well as ferrous corrosion products emanating through the paint coatings and
staining the surface.

Overview of upper basin with ring of brass/bronze, PVC
tubing, and ferrous metal supports.

50 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
5 Detail of IBIX® testing in progress on upper fountain rim.

Select area of cast iron plinth after test of paint and corrosion elimination with IBIX® system with garnet media.

Area of west interior vertical surface before treatment with IBIX® system using sodium bicarbonate media.

Area of west interior vertical surface after treatment with IBIX® system using sodium bicarbonate media.

51 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
6 Area of west interior vertical surface after treatment with IBIX® system using sodium bicarbonate media.

Area of west interior vertical surface after treatment with IBIX® system using sodium bicarbonate media followed by an additional pass with Stone Pro® Stone & Glass Scrub
undiluted.

Overview of tile with incised graffiti before test 3 (in- painting and varnish).

Overview of tile with incised graffiti after test 3 of in - painting and varnishing. The left -hand side has matte
varnish and the right satin.
52 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
7 Select area of deteriorated grout before grout test. Select area after grout replacement test.

Select area of blue lining with mark in red of area
before testing IBIX® system. Cracking in basin with
associated material loss also visible.

Select area of recess detail at blue lining after testing with IBIX® system.

53 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
8 GROUP A: CONSERVATION TREATMENT OF THE HISTORIC TILE & GROUT

TREATMENT OBJECTIVE: Clean the tiles as well as repair select damaged tiles that have not been replaced. Eliminate damaged grout and re-grout these areas.

PROPOSED TREATMENT:

2. City of Orange to enlarge fencing footprint so that pedestrians cannot sit on benches immediately outside of fountain area as well as to enable placement of portable bathroom.

City also to add windscreen covering to fencing for duration of tile treatment.

3. Protect all plantings within the fenced-in area with tarps or minimum 2 mil polyethylene sheeting.

4. Erect tent with drop walls that can be moved around the perimeter of the basin to create a more controlled enclosure while blasting.
a. Utilize shop vacuum while blasting to help further reduce media dust cloud.

5. Utilize IBIX® Pro-9 machine with 20 CFM compressor and appropriate water traps. a. At 3 bar/84 psi with 60/200 grit sodium bicarbonate media carefully remove mineral deposits from tile and grout surfaces where applicable. IBIX® nozzle should be approximately six (6) inches from the tile surface.

6. Collect extant media and perform general surface cleaning with filtered tap water and Prosoco® 2010 All Purpose cleaner diluted 10:1 (water to detergent) with a 10-minute dwell time.
a. Rinse with distilled water and dry surfaces.

7. As needed, perform a second pass over select tiles with heaviest mineral deposits with Stone Pro® Stone and Glass Scrub undiluted.
a. Clear with distilled water and dry surfaces.

8. Mechanically remove any areas of unstable grout to sound substrate.

9. Clean raked areas with a conservation-grade detergent in filtered tap water and stiff nylon bristle brushes.
a. Rinse surfaces thoroughly to eliminate any detergent residue that may inhibit bonding and pat dry with microfiber cloths.

10. Pre-wet treatment areas and apply a mix of MAPEI® Keracolor Sanded Grout in White (5000) mixed with Bonstone® Imperial gray #5208 sand using a 4:1 proportion (grout to sand).
a. Cure grout per manufacturer’s specifications, keeping out of direct sunlight and wind while also monitoring surface and ambient temperature during application period.

11. Document location and label each tile that is recommended for replacement. RLA will not remove and replace tiles from the outer basin. This is to be performed by McCandless tile. 54 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
9 a. City to retain one to two (1-2) original tiles that are removed for reference and glaze color matching in case additional tile is required in the future. These are in addition to tile fragments retained following the initial accident.

12. For losses smaller than ½” square, in-paint loss with Golden® MSA Conservation Colors and varnish with Golden® MSA Varnish with UV Light Stabilizers in Satin finish. a. In-painting should only be performed on tile that is not submerged in chemically treated water.
b. Note: In-painting may become abraded with frequent public use and/or routine cleaning. Even with a protective varnish, the client/City should expect the color to shift over time and require removal and replacement on an “as needed” basis.

ESTIMATED COSTS:

Costs are at prevailing wage rates set forth by the CA DIR for Orange County for Tile Finisher – Period 1 good from 8/22/23 through 5/31/24. Costs do not include any permits, bonds, or any type of special licenses or insurance. Costs also assume that no hazardous materials (i.e., lead or asbestos) are present in coatings, glazes, grout, etc. Cost of hazardous materials testing is not included and RLA assumes that the City/client will have this performed ahead of project kick-off. Replication, removal and replacement, as well as re-setting and grouting replacement tiles to be performed by McCandless Tile and is excluded from our scope. Scope of work/costs do not include any other sealing of grout or tile.

A. Total Estimated Cost: $28,050.00

GROUP B: CONSERVATION TREATMENT OF THE BASIN CRACKS & LINING

TREATMENT OBJECTIVE: Perform micro-abrasion on areas of the lining with engraved dates, repair cracks in outer basin as well as recoat the interior basin lining while protecting and maintaining the original engraved date.

PROPOSED TREATMENT:

1. Document the treatment/maintenance with a written report and high-resolution digital photographs. Provide a Dropbox link to all treatment/maintenance images as well as recommendations for ongoing routine maintenance.
55 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
10 2. Mechanically remove any areas of unstable, delaminating basin concrete to sound substrate.

3. Route cracks to depth of ½” by ¼” wide for stabilization and filling.

4. Inject cracks with Sikadur® 52 epoxy injection adhesive per manufacturer’s specifications and allow to cure.

5. Fill any extant depression at cracks with Sika MonoTop®-130 Seal mortar per the manufacturer’s specifications.

6. Utilize IBIX® Pro-9 with 20 CFM compressor and 100-grit garnet media at 3-4 bar/84-98 psi at a distance of six to twelve (6-12) inches to locally remove previous lining material from within recesses of original stamped date in fountain basin concrete. a. Greater distance, multiple passes, and/or lower bar/psi may be warranted so as not to loose definition of the letters or numbers as they are original to the fountain’s fabrication.

7. Allow any mortar repairs to cure a minimum of 28 days at 75 degrees Fahrenheit.

8. Verify concrete dryness in accordance with ASTM F 1869 “Standard Test Method for Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride” (moisture vapor transmission should not exceed three pounds per 1,000 square feet in a 24 hour period), F 2170 “Standard Test Method for Determining Relative Humidity in Concrete using in situ Probes” (relative humidity should not exceed 80%), or D 4263 “Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method” (no moisture present).

9. Prepare concrete surfaces in accordance with NACE No. 6/SSPC-SP13 Joint Surface Preparation Standards and ICRI Technical Guidelines. Abrasive blast, shot-blast, water jet or mechanically abrade concrete surfaces to remove laitance, curing compounds, hardeners, sealers and other contaminants and to provide an ICRI-CSP 2- 3 surface profile.

Large cracks, voids and other surface imperfections should be filled with a recommended filler or surfacer. Surface prep and coating application to be performed by SoCal Sandblasting & Coatings under RLA’s supervision.

10. Primer: Series L69 Hi-Build Epoxoline II at 4.0 to 6.0 mils DFT.

11. Intermediate Coat: Series L69 Hi-Build Epoxoline II at 4.0 to 6.0 mils DFT. a. Select color that is slightly darker or light gray to ensure the applicator can see areas that have not been adequately coated when topcoat is applied.

12. Finish Coat: Series L69 Hi-Build Epoxoline II at 4.0 to 6.0 mils DFT. a. Color to be determined in conjunction with client/City. There are 512 stock colors available for this product.

ESTIMATED COSTS:

Note: Costs are inclusive of labor, documentation, materials, equipment, portable toilet, and access. RLA assumes that water hook-ups and electricity will be available within 100’ of the fountain and that parking for at least one (1) vehicle will be provided within close proximity to the site. Due to the method of coating removal and re-application, the City will have to add a windscreen to the encircling security fencing to assist with dust control, minimum 7 to 10 feet away from the rim of the fountain. Cost of expanding footprint of fencing and a windscreen is not included and will be provided by the City for the duration of the work. 56 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
11 Costs are at prevailing wage rates set forth by the CA DIR for Orange County for Cement Mason – Period 1 and Industrial Painter – Period 1, good from 8/22/23 through 5/31/24. Costs do not include any permits, bonds, or any type of special licenses or insurance. Costs also assume that no hazardous materials (i.e., lead or asbestos) are present in coatings, cement, etc. Cost of hazardous materials testing is not included and RLA assumes that the City/client will have this performed ahead of project kick-off. Scope of work/costs do not include any plumbing, electrical, or other components that relate to fountain functionality/operation. Scope of work/costs do not include any other sealing aside from re-application of the interior basin liner.

B. Total Estimated Cost: $ 47,350.00

GROUP C: CONSERVATION TREATMENT OF THE HISTORIC IRON FOUNTAIN:

TREATMENT OBJECTIVE: Remove existing coatings from the central cast iron basin, lighting conduit and fixtures, and upper fountain works, specify the primer and paint as well as re-coat the metal surfaces.

PROPOSED TREATMENT:

2. City to cut all power and water to central fountain element.

3. City to install windscreen material around perimeter of fountain to aid in media containment.

4. City to remove colored glass lightbulb covers and other easily detachable components to be blasted to ensure full corrosion removal and re-coating.

5. Protect fountain openings, electrical openings/sockets to mitigate fine media ingress. a. Please Note: Fountain works and conduit will not be removed for treatment.

6. While the IBIX® system was effective at removing the coatings, we feel that a local, commercial sandblasting company would be sufficient to remove existing coatings to bare metal. Work to be performed by SoCal Sandblasting & Coating under RLA’s supervision. a. Media and pressure selected should remove coatings and corrosion, but not mar the metal surface otherwise or diminish the integral design texture throughout the central plinth.

7. After overpaint removal, remove any standing dust/debris and degrease surfaces with denatured alcohol to remove any residual surface contaminants.

8. Prime surfaces with Tnemec® 98-H20 Hydro-Zinc at 2.5 to 3.5 mils DFT. a. This primer must be applied immediately after blasting on cast iron and steel surfaces to mitigate flash rusting.

9. Apply tie coat using Tnemec® L69 Epoxoline II at 2.0 to 4.0 mils DFT. 57 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
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12 a. Select color that is slightly darker or light gray to ensure the applicator can see areas that have not been adequately coated when topcoat is applied.

10. Apply finish coat using Tnemec® 1095 Endura-Shield at 2.0 to 5.0 mils DFT. a. Assume minimum of two (2) coats for topcoat.
b. Color to be determined in conjunction with client/City. Available stock colors are Tank White (15BL), Tnemec White (00WH), or Ash White (01WH).

11. Allow coating to cure a minimum of two (2) weeks before creating other dust that may become embedded in the surface or before turning on the fountain. a. Remove mineral deposits from glass lightbulb covers prior to City re-installing them.

ESTIMATED COSTS:

Costs are at prevailing wage rates set forth by the CA DIR for Orange County for Industrial Painter – Period 1, good from 8/22/23 through 5/31/24. Costs do not include any permits, bonds, or any type of special licenses or insurance. Costs also assume that no hazardous materials (i.e., lead or asbestos) are present in coatings, glazes, grout, etc. Cost of hazardous materials testing is not included and RLA assumes that the City/client will have this performed ahead of project kick-off. Scope of work/costs do not include any plumbing, electrical, or other components that relate to fountain functionality/operation. Scope of work/costs do not include any other sealing aside from re-application of industrial paint coatings.

C. Total Estimated Cost: $ 19,150.00

Summary Cost
A. Total Estimated Cost: $ 28,050.00
B. Total Estimated Cost: $ 47,350.00
C. Total Estimated Cost: $ 19,150.00

Total Estimated Costs: $ 94,550.00

Please Note: Pre-payment of 50% due upon submission of signed proposal. Balance due upon completion.

58 Los Angeles Studio: 5418 Packard Street • Los Angeles, CA 90019 Miami Studio: 852 NW 71 st Street • Miami, FL 33150
323.377.8425 • 305.573.7011
http://rlaconservation.com
13 Thank you for the opportunity to care for your collection. Please contact us with any questions.

Prepared By:

Sonia T. Jerez Fraj, Conservator Christina Varvi, Co-Chief Conservator

Accepted by:

(sign name) (print name)

(title & agency) (date)

EXCLUSIONS AND CAVEATS
• This price is valid for a period of 90 days from the date of the proposal. • No work will be performed until a mutually acceptable schedule for work and payment is agreed upon. • Costs are NOT based on Davis Bacon, Service Contract Act or any other legally mandated prevailing wage rates beyond minimum wage. If prevailing wage compliance is required, we reserve the right to modify our proposal accordingly.
• We require clear access to the worksite in an uninterrupted schedule during daytime work hours, Monday through Friday, unless other arrangements are made. • We will require access to water and electricity within 100 feet of the work site. • We will require access to free parking for at least one vehicle in close proximity to the worksite. • We will require access to bathrooms at the worksite.
• Non-toxic trash will be deposited into dumpsters provided by client unless otherwise arranged. • This price does not include any special insurance, permits, licenses, or bonds. • Notwithstanding anything in the proposal/agreement to the contrary, any material or equipment prices provided herein are only applicable to work performed in the next 90 days. After this period, material and equipment prices will be subject to further increases due to any shortages, unavailability or increases in market pricing from any cause whatsoever except to the extent caused by RLA. If, during the performance of the proposal/agreement, any material or equipment price increases, the price shall be increased by an amount necessary to cover such price increases. Where the delivery of material or equipment is delayed, through no fault of RLA, RLA shall not be responsible for any additional costs or damages associated with such delays.
• RLA shall not be considered in default because of any failure to perform the above scope of work under its terms if the failure arises from causes beyond the control and without the fault or negligence of RLA.

Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, (9) earthquakes, and (10) unusually severe weather. In each instance, if RLA determines that any failure to perform would result from one or more of the causes above, the delivery schedule shall be revised.
59 Agenda Item
City Council
Item #: 3.3. 9/26/2023 File #: 23-0582
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 Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2023-2024.

2. SUMMARY
Funding from the Office of Traffic Safety is being provided for the Selective Traffic Enforcement Program grant in the amount of $330,000. The funds will be used for overtime costs associated with DUI checkpoints, saturation patrols, motorcycle safety enforcement, distracted driving, know your limit, bike and pedestrian safety, and special enforcement operations with an emphasis on reducing traffic collisions.

3. RECOMMENDED ACTION

2. Accept into the City’s revenue budget a $330,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30231, General Fund - OTS STEP Grant FY24.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California Office of Traffic Safety.

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

6. DISCUSSION AND BACKGROUND
Through grant funding made available to California by the National Highway Traffic Safety Administration (NHTSA), the California Office of Traffic Safety (OTS) grant program provides funds to state and local agencies to eliminate fatalities, injuries, and economic losses resulting from motor vehicle crashes. OTS reviews local, county and state data to understand what is prompting crashes and has identified priority areas, determined to be effective in reducing motor vehicle crashes, injuries, and fatalities. The priority areas are listed below. · Alcohol Impaired Driving · Distracted Driving
· Drug Impaired Driving · Emergency Medical Services
· Motorcycle Safety · Occupant Protection
· Police Traffic Services · Pedestrian and Bicycle Safety · Roadway Safety and Traffic Records · Public Relations, Advertising, and Marketing Program An application for funding was submitted in January 2023, and conditionally approved for the Selective Traffic Enforcement Program (STEP) for Federal Fiscal Year 2023-2024 (FFY 23-24) in the amount of $330,000. The OTS STEP grant is a reimbursable grant and will be used to support the OTS mission to eliminate traffic fatalities and injuries on California roadways. Grant funded enforcement activities for FFY 23-24 include the following. · DUI/DL Checkpoints
· DUI Saturation Patrols
· Traffic Enforcement
· Distracted Driving Enforcement
· Motorcycle Safety Enforcement
· Pedestrian and Bicycle Enforcement
· Street Racing and Sideshow Enforcement
· Traffic Safety Education Presentations
· Know Your Limit Campaigns
Grant funds will be used for overtime costs associated with enforcement operations dedicated to stopping and apprehending suspected impaired drivers. Law enforcement personnel will conduct specialized traffic safety education presentations with an effort to reach and inform community members on topics such as distracted driving, DUI, speed, pedestrian and bicycle safety, seatbelts, and child passenger safety. In addition, special patrols will be used to enforce California’sdistracted driving laws, speed, aggressive driving, seat belt enforcement, and special enforcement operations encouraging motorcycle safety.

The grant will also provide funding to purchase on-scene DUI checkpoint supplies needed to conduct sobriety checkpoints, a changeable message sign trailer with radar used to slow down traffic, and light detection and ranging (LIDAR) devices used to measure the speed of motor vehicles for speed City of Orange Printed on 9/21/2023Page 2 of 3
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enforcement.

7. ATTACHMENTS
· OTS STEP Grant Agreement No. PT24138
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62 Agenda Item
City Council
Item #: 3.3. 9/26/2023 File #: 23-0582
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 Office of Traffic Safety for the Selective Traffic Enforcement Program for Federal Fiscal Year 2023-2024.

3. RECOMMENDED ACTION

2. Accept into the City’s revenue budget a $330,000 grant from the California Office of Traffic Safety into revenue account number 100.4041.45290.30231, General Fund - OTS STEP Grant FY24.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the State of California Office of Traffic Safety.

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

The grant will also provide funding to purchase on-scene DUI checkpoint supplies needed to conduct sobriety checkpoints, a changeable message sign trailer with radar used to slow down traffic, and light detection and ranging (LIDAR) devices used to measure the speed of motor vehicles for speed City of Orange Printed on 9/21/2023Page 2 of 3
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enforcement.

7. ATTACHMENTS
· OTS STEP Grant Agreement No. PT24138
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Agenda Item
City Council
Item #: 3.4. 9/26/2023 File #: 23-0606
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $15,927 in designated grant and disbursement funding received from the National Science Foundation, Dish Wireless, and Santiago Library System.

2. SUMMARY
Grant and disbursement funds will be used to enhance and expand the Library’s programming and eBook/eAudiobook collections as well as provide facility improvements.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $15,927 in grant and disbursement funds from National Science Foundation, Dish Wireless, and Santiago Library System into the following revenue account numbers in the General Fund: $1,000 into account number 100.2001.45150.30232, Blue Whales Project Grant; $7,500 into account number 100.2001.48390.00000, Donations; and $7,427 into account number 100.2001.48390.19988, Santiago Library System.

4. FISCAL IMPACT
The total appropriation for this grant and disbursement is funded by the additional revenue received from the National Science Foundation, Dish Wireless, and Santiago Library System.

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

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded a $1,000 Blue Whales Project Grant for Fiscal Year 2023-2024 (FY24). The National Science Foundation, in collaboration with STAR Library Network and HHMI Tangled Bank Studios, has generously provided funds to expand and enhance the Library’s STEM programming for families. Funds will be used toward programming centered on whales, marine biology, and the environment and must be spent or encumbered by February 1, 2024.

The grant also provides hands-on activities, marketing, and exhibit materials to display in the Library.

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Blue Whales Project programs will be presented in April 2024 to coincide with Earth Day.

In conjunction with its agreement to install cell service equipment at the Orange Public Library & History Center, Dish Wireless has contributed $7,500 towards facility improvements. Funds will be used towards repairs to the Library’s tower, including its roof, eaves, and windows.

The Orange Public Library has been presented a $7,427 disbursement from the Santiago Library System (SLS). SLS is a membership consortium of Orange County libraries that receives money from the state and disburses annually to member libraries. This disbursement to the Library has been provided for e-content products and services. Funds will purchase additional eBooks and eAudiobooks from cloudLibrary to expand the Library’s collection.

7. ATTACHMENTS
· Blue Whales Project Grant Contract and Award
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86 Agenda Item
City Council
Item #: 3.4. 9/26/2023 File #: 23-0606
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $15,927 in designated grant and disbursement funding received from the National Science Foundation, Dish Wireless, and Santiago Library System.

2. SUMMARY
Grant and disbursement funds will be used to enhance and expand the Library’s programming and eBook/eAudiobook collections as well as provide facility improvements.

3. RECOMMENDED ACTION

1. Accept into the City’srevenue budget $15,927 in grant and disbursement funds from National Science Foundation, Dish Wireless, and Santiago Library System into the following revenue account numbers in the General Fund: $1,000 into account number 100.2001.45150.30232, Blue Whales Project Grant; $7,500 into account number 100.2001.48390.00000, Donations; and $7,427 into account number 100.2001.48390.19988, Santiago Library System.

4. FISCAL IMPACT
The total appropriation for this grant and disbursement is funded by the additional revenue received from the National Science Foundation, Dish Wireless, and Santiago Library System.

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

The grant also provides hands-on activities, marketing, and exhibit materials to display in the Library.

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Blue Whales Project programs will be presented in April 2024 to coincide with Earth Day.

7. ATTACHMENTS
· Blue Whales Project Grant Contract and Award
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DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 91302
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 92303
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 93304
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 94305
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 8/15/2023
8/16/2023
95306
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 96307
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 97308
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 98309
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 99310
DocuSign Envelope ID: 9A903820-26B5-4D71-A773-77D58425882E 100311
Agenda Item
City Council
Item #: 3.5. 9/26/2023 File #: 23-0607
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $28,241 in designated grant funding received from California Library Literacy Services.

2. SUMMARY
Grant funds from California Library Literacy Services will be used to enhance and expand the Library’s Adult Literacy Program.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget a $28,241 grant from California Library Literacy Services, into revenue account number 100.2001.45290.30225, General Fund - California Library Literacy Services Grant.

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

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

6. DISCUSSION AND BACKGROUND
History
In Fall 2016, the Orange Public Library (Library) was awarded a $41,000 literacy grant by California Library Literacy Services (CLLS), a program of the California State Library, to establish a literacy program for adults. The goal of the Adult Literacy Program is to improve the reading skills of adult, English speaking community members through the recruitment and training of literacy tutors. A Library Literacy Coordinator was hired to oversee the program, and the first group of literacy volunteers was trained in Spring 2017, and subsequently matched with adult learners.

Orange Public Library has received the CLLS grant for the past eight years. Each year, the Adult City of Orange Printed on 9/21/2023Page 1 of 2
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Literacy Program has grown in the following ways:
· A Literacy collection of books and workbooks was established, and the Literacy Office, Reading Lab, and Study Room at the Orange Public Library & History Center were refreshed with new paint, computers, and furniture through partnerships with Public Works and IT. · A grant-funded Library Literacy Assistant position was introduced to provide much-needed support to the Literacy Coordinator and to expand the program further. · The program expanded to the El Modena and Taft Branch Libraries to allow tutor-learner pairs to use their local community library.
· Book clubs, writing groups, and speaking groups were added to the program, and tablets loaded with literacy, reading, and phonics-based apps were introduced to the Literacy collection. · In response to the pandemic, the Literacy Coordinator adapted Literacy services as needed, including providing tutor training sessions virtually, a practice that continues today.

Adult Literacy Program participants continue to be actively engaged with the program and each other.

Participants have developed their reading skills to help their children with homework, complete a job application, follow prescription medicine instructions, pass a citizenship test, get a driver’s license, and vote. At its height, the program included approximately 50 tutor-learner pairs. Since 2017, Literacy volunteers have served over 7,000 hours. The Library celebrates their accomplishments via an annual Volunteer Recognition event, where attendees enjoy refreshments, games, giveaways, and appreciation from their peers, City staff, and Councilmembers. The community has also shown its appreciation through thousands of dollars in donations received from the Friends of the Orange Public Library, Orange Public Library Foundation, Orange North Rotary, and the Community Foundation of Orange.

The Orange Public Library has been awarded a $28,241 literacy grant for Fiscal Year 2023-2024 (FY24). CLLS continues to generously provide support to the Library to expand and enhance its Adult Literacy Program. Funds must be spent or encumbered by the end of FY24 and will be used for staffing, technology, program materials, and marketing.

7. ATTACHMENTS
· FY24 Library Literacy Grant Award Letter
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Agenda Item
City Council
Item #: 3.5. 9/26/2023 File #: 23-0607
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Appropriation of $28,241 in designated grant funding received from California Library Literacy Services.

2. SUMMARY
Grant funds from California Library Literacy Services will be used to enhance and expand the Library’s Adult Literacy Program.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget a $28,241 grant from California Library Literacy Services, into revenue account number 100.2001.45290.30225, General Fund - California Library Literacy Services Grant.

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

Orange Public Library has received the CLLS grant for the past eight years. Each year, the Adult City of Orange Printed on 9/21/2023Page 1 of 2
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Literacy Program has grown in the following ways:
· A Literacy collection of books and workbooks was established, and the Literacy Office, Reading Lab, and Study Room at the Orange Public Library & History Center were refreshed with new paint, computers, and furniture through partnerships with Public Works and IT. · A grant-funded Library Literacy Assistant position was introduced to provide much-needed support to the Literacy Coordinator and to expand the program further. · The program expanded to the El Modena and Taft Branch Libraries to allow tutor-learner pairs to use their local community library.
· Book clubs, writing groups, and speaking groups were added to the program, and tablets loaded with literacy, reading, and phonics-based apps were introduced to the Literacy collection. · In response to the pandemic, the Literacy Coordinator adapted Literacy services as needed, including providing tutor training sessions virtually, a practice that continues today.

Adult Literacy Program participants continue to be actively engaged with the program and each other.

7. ATTACHMENTS
· FY24 Library Literacy Grant Award Letter
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Agenda Item
City Council
Item #: 3.6. 9/26/2023 File #: 23-0608
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $180,000 from the Fire Facility Fee Districts Fund (560) into various Capital Improvement Project (CIP) accounts.

2. SUMMARY
The Fire Department is seeking to appropriate funds from the Fire Facility Fee Districts Fund (560 Fund) for Turnout Equipment and Replacement, Fire Station Maintenance, ePCR Replacement, Wellness Equipment Replacement, and SCBA Retrofit and Replacement programs.

3. RECOMMENDED ACTION

1. Authorize the total appropriation of $180,000 from the Fire Facility Fees Fund (560) unreserved fund balance into the following CIP expenditure accounts as specified in Section 6 of the staff report:
a. $90,000 for Turnout Equipment and Replacement (20124) b. $50,000 for Fire Station Maintenance (20334)
c. $19,000 for Emergency Medical Services (EMS) Electronic Patient Care Report (ePCR) Replacement Program (20171)
d. $16,000 for Wellness Equipment Replacement (30032)
e. $5,000 for Self-Contained Breathing Apparatus (SCBA) Retrofit and Replacement (20104)

4. FISCAL IMPACT
If approved, the total expenditure for these appropriations is $180,000 and will be funded through the Fire Facility Fee Districts Fund (560).

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

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6. DISCUSSION AND BACKGROUND
The Fire Department has a number of CIP projects in place to improve the city's public safety infrastructure and capital assets, as well as for restorations, repairs, and investments in technology and safety equipment. The Department’s CIP projects serve as a budget and strategic planning tool to establish the scope of future capital upgrades and may be funded through restricted funds. The Fire Department is requesting an appropriation of $180,000 from the 560 Fund. This fund's revenues are confined to purchasing, developing, maintaining, and enhancing fire prevention services in accordance with Government Code Sections 66000 through 66009 of the Mitigation Fee Act. The 560 Fund receives revenue from fees paid at the issuance of building permits to finance the fire facility requirements created by new development based on land use types. Due to the inability to predict developer impact fees, developer-funded CIP projects were not included in the final Fiscal Year 2024 (FY24) budget, unless there was already a sufficient fund balance. Since the start of FY24, the 560 fund has received $467,444 in revenue. For Fiscal Year (FY) 2023-2024, staff requests that the specified funds be appropriated into CIP expenditure accounts for the following programs:

Turnout Equipment and Replacement Project - $90,000
Funding for the purchase and maintenance of over 230 sets of turnout safety gear. Firefighter turnout safety equipment is used to ensure the well-being and safety of firefighters during emergency response operations by providing thermal insulation and protection from exposure to hazardous materials. According to the national firefighting safety standards established by the National Fire Protection Association (NFPA), Section 1851.10.1.2 mandates that structural firefighting personal protective equipment must be retired no later than 10 years after the date of manufacture. The average cost of outfitting one suppression personnel with the safety equipment needed is $8,500.

The department's annual maintenance and inspection expenditures for safety equipment average $15,000 per year.

Fire Station Maintenance Project - $50,000
This project is designed to allocate funds for essential improvements and maintenance to ensure that all fire facilities provide a safe and efficient environment for our personnel and enhancing our ability to provide exceptional service to the community. For FY 24, the department will use allocated funding for painting, flooring, window coverings, and other miscellaneous improvement needs.

EMS ePCR Replacement Program - $19,000
Since 2012, the Department has utilized EMS ePCR iPads in accordance with the mandatory requirements and national standards set forth by the Health Insurance Portability and Accountability Act (HIPAA) and the Department of Health and Human Services (HHS). These devices are essential for collecting real-time patient data in the field and allows the department to effectively gather and document patient data with precision and efficiency. To ensure the continued functionality of this critical equipment, the replacement program covers not only the iPads themselves but also protective cases, vehicle chargers, and keyboard equipment.

Wellness Equipment Replacement Program - $16,000
The Orange Fire Department (OFD) is deeply committed to promoting and implementing the wellness program endorsed by the International Association of Fire Chiefs (IAFC). To cultivate a strong and physically fit workforce, wellness equipment is provided at each of the eight ﬁre stations. To proactively maintain the effectiveness of our wellness program, the department has initiated a long- term replacement plan to address repairs and replacements of fitness equipment while prioritizing the City of Orange Printed on 9/21/2023Page 2 of 3
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well-being of our team members.

SCBA Retrofit and Replacement Program - $5,000
To meet the national firefighting safety standards established by the NFPA, SCBA systems are essential for firefighters to safely enter and operate in environments filled with smoke and low oxygen levels. These systems provide a continuous supply of breathable air, allowing firefighters to navigate and communicate effectively in fire and smoke, conduct search and rescue operations, and address emergencies involving hazardous environments that pose an immediate threat to life and health.

Regular maintenance and replacement of SCBA components are crucial to ensuring the equipment functions properly for the safety of firefighter personnel and maintaining compliance with regulations.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.6. 9/26/2023 File #: 23-0608
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $180,000 from the Fire Facility Fee Districts Fund (560) into various Capital Improvement Project (CIP) accounts.

3. RECOMMENDED ACTION

1. Authorize the total appropriation of $180,000 from the Fire Facility Fees Fund (560) unreserved fund balance into the following CIP expenditure accounts as specified in Section 6 of the staff report:
a. $90,000 for Turnout Equipment and Replacement (20124) b. $50,000 for Fire Station Maintenance (20334)
c. $19,000 for Emergency Medical Services (EMS) Electronic Patient Care Report (ePCR) Replacement Program (20171)
d. $16,000 for Wellness Equipment Replacement (30032)
e. $5,000 for Self-Contained Breathing Apparatus (SCBA) Retrofit and Replacement (20104)

4. FISCAL IMPACT
If approved, the total expenditure for these appropriations is $180,000 and will be funded through the Fire Facility Fee Districts Fund (560).

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The department's annual maintenance and inspection expenditures for safety equipment average $15,000 per year.

Wellness Equipment Replacement Program - $16,000
The Orange Fire Department (OFD) is deeply committed to promoting and implementing the wellness program endorsed by the International Association of Fire Chiefs (IAFC). To cultivate a strong and physically fit workforce, wellness equipment is provided at each of the eight ﬁre stations. To proactively maintain the effectiveness of our wellness program, the department has initiated a long- term replacement plan to address repairs and replacements of fitness equipment while prioritizing the City of Orange Printed on 9/21/2023Page 2 of 3
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well-being of our team members.

Regular maintenance and replacement of SCBA components are crucial to ensuring the equipment functions properly for the safety of firefighter personnel and maintaining compliance with regulations.

7. ATTACHMENTS
· None.

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Agenda Item
City Council
Item #: 3.7. 9/26/2023 File #: 23-0603
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Bid No. 23-24.11; SP-4268; Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024, authorization to advertise for bids, and finding of CEQA exemption.

2. SUMMARY
Plans and specifications have been completed and the project is ready to be advertised for bids. The total estimated construction cost, including contingencies and construction engineering (10%), is $855,000

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for bids for Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024.

2. Authorize the appropriation of $200,000 from Unreserved Fund 287 Citywide TSIP to expenditure account number 287.5011.56330.13120 Pavement Management Program.

4. FISCAL IMPACT
The total expenditure, including the 10% contingency, for this project is $855,000 and will be funded in Pavement Management Program (13120) through:

Measure M (263) $655,000
Citywide TSIP (287) 200,000
Total: $855,000

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

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

6. DISCUSSION AND BACKGROUND
The project is part of the annual street maintenance program to replace, at various locations curb, gutter, sidewalk, driveway, cross gutter, and Americans with Disabilities Act (ADA) sidewalk access ramps. The Annual Concrete Replacement Project, within the Pavement Management Program (13120), includes a component of annual maintenance services on a scale large enough that these City of Orange Printed on 9/21/2023Page 1 of 2
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(13120), includes a component of annual maintenance services on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the operations and the Capital Improvement Project (CIP) budgets previously approved by the City Council.

Utilizing the City’sPavement Management Plan (PMP) ranking of the current street conditions, City staff prepared a list of streets requiring pavement rehabilitation for Fiscal Year 2023-2024. The pavement rehabilitation projects are scheduled for authorization to advertise later this fiscal year, and this project will replace all the needed concrete improvements in preparation for the pavement rehabilitation work.

The total estimated quantities for concrete replacement are as follows:

Item Quantity Unit Description
1 2,591 LF Curb and Gutter
2 6,500 SF Sidewalk
3 53 EA ADA Sidewalk Access Ramps
4 600 SF Cross Gutter and Spandrel
5 780 SF Driveways
LF = Linear Feet, SF = Square Foot, EA = Each
Construction is scheduled to begin in January 2024 and is expected to be completed within 90 calendar days.

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

7. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “ExistingFacilities”Class 1 (c) because it is a maintenance activity that does not create additional capacity. The CEQA Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications

8. ATTACHMENTS
· Location Maps
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Agenda Item
City Council
Item #: 3.7. 9/26/2023 File #: 23-0603
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for bids for Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024.

2. Authorize the appropriation of $200,000 from Unreserved Fund 287 Citywide TSIP to expenditure account number 287.5011.56330.13120 Pavement Management Program.

4. FISCAL IMPACT
The total expenditure, including the 10% contingency, for this project is $855,000 and will be funded in Pavement Management Program (13120) through:

Measure M (263) $655,000
Citywide TSIP (287) 200,000
Total: $855,000

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

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

6. DISCUSSION AND BACKGROUND
The project is part of the annual street maintenance program to replace, at various locations curb, gutter, sidewalk, driveway, cross gutter, and Americans with Disabilities Act (ADA) sidewalk access ramps. The Annual Concrete Replacement Project, within the Pavement Management Program (13120), includes a component of annual maintenance services on a scale large enough that these City of Orange Printed on 9/21/2023Page 1 of 2
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Item #: 3.7. 9/26/2023 File #: 23-0603
(13120), includes a component of annual maintenance services on a scale large enough that these services require an outside contractor. As such, this contract is funded from both the operations and the Capital Improvement Project (CIP) budgets previously approved by the City Council.

The total estimated quantities for concrete replacement are as follows:

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

8. ATTACHMENTS
· Location Maps
City of Orange Printed on 9/21/2023Page 2 of 2
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Annual Pavement Maintenance FY23-24: Location Map 1
8/1/2023, 1:06:52 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
117
Annual Pavement Maintenance FY23-24: Location Map 2
8/1/2023, 1:07:53 PM
0 0.05 0.10.025 mi
0 0.08 0.160.04 km
1:2,257
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
118
Annual Pavement Maintenance FY23-24: Location Map 3
8/1/2023, 1:44:30 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
119
Annual Pavement Maintenance FY23-24: Location Map 4
8/1/2023, 1:09:39 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
120
Annual Pavement Maintenance FY23-24: Location Map 5
8/30/2023, 10:42:04 AM
0 0.05 0.10.025 mi
0 0.08 0.160.04 km
1:2,257
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
121
Annual Pavement Maintenance FY23-24: Location Map 6
8/1/2023, 1:18:00 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
122
Annual Pavement Maintenance FY23-24: Location Map 7
8/1/2023, 1:18:56 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
123
Annual Pavement Maintenance FY23-24: Location Map 8
8/30/2023, 3:16:00 PM
0 0.1 0.20.05 mi
0 0.15 0.30.075 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
124
Annual Pavement Maintenance FY23-24: Location Map 9
8/29/2023, 4:26:28 PM
0 0.055 0.110.0275 mi
0 0.085 0.170.0425 km
1:2,257
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
125
Annual Concrete Replacement FY23-24: Plaza Brick Replacement 8/30/2023, 7:57:56 AM
0 0.025 0.050.0125 mi
0 0.04 0.080.02 km
1:1,128
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA | City of Orange - Engineering Design
µ
126
Agenda Item
City Council
Item #: 3.8. 9/26/2023 File #: 23-0588
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Sequel Contractors, Inc. for Lomita Neighborhood Street Improvement Project; Bid No. 23-24.04.

2. SUMMARY
Bids for the Lomita Neighborhood Street Improvement Project were received and opened on August 24, 2023. Seven bidders responded to the notice inviting bids. The apparent low bidder is Sequel Contractors, Inc. of Santa Fe Springs, California in the amount of $706,610.

3. RECOMMENDED ACTION
Approve the contract with Sequel Contractors, Inc. in the total amount of $777,271, representing an original amount of $706,610 plus a 10% contingency of $70,661 for the Lomita Neighborhood Street Improvement Project (SP-4220); and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $777,271 and will be funded in Pavement Management Program (13120) through Road Maintenance Rehabilitation Account (274).

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

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

6. DISCUSSION AND BACKGROUND
The City Council previously approved advertisement for bids on July 25, 2023. The bid solicitation was advertised on August 3, 2023 for a period of three weeks. The bids were opened on August 24, 2023. Seven bidders responded as follows:

1. Sequel Contractors, Inc., Santa Fe Springs, CA $706,610

2. Onyx Paving Company, Inc., Anaheim, CA $737,000
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3. Hardy & Harper, Inc., Lake Forest, CA $826,000

4. LCR Earthwork & Engineering, Corp., Jurupa Valley, CA $827,250

5. R.J. Noble Company, Orange, CA $853,994

6. COPP Contracting, Inc., Buena Park, CA $875,270

7. All American Asphalt, Corona, CA $911,222
The low bid is about 6% lower than the Engineer’s Estimate of $751,800 for the project. Staff checked the references and qualifications for Sequel Contractors, Inc. and found them to be acceptable, with adequate years of experience in completing contracts of a similar nature to this project. Therefore, staff recommends that Sequel Contractors, Inc. be awarded the contract in the amount of $777,271, representing an original amount of $706,610 plus a 10% contingency of $70,661 for the Lomita Neighborhood Street Improvement Project.

The project will rehabilitate a total of three streets in the Lomita Neighborhood Tract which consists of Lomita Avenue from Glassell Street to Grand Street, Orange Street from Collins Avenue to Lomita Avenue, and Grand Street from Collins Avenue to Mayfair Avenue. The work to be done in general includes asphalt concrete overlay with localized areas of pavement reconstruction. The rehabilitated pavement will have a longer service life and will provide a safe and smooth ride for the public. In addition, the existing curb will be removed and replaced with new curb and gutter on Orange Street, west side of Grand Street and north side of Lomita Avenue. Other aspects of the project include replacement of damaged sidewalk, curb and gutter, adjustment of utility covers to grade, pavement striping, and replacement of Americans with Disabilities Act (ADA) ramps within the project limits to conform to the federal guidelines.

This project will follow the City’sannual sewer project where the existing structurally deficient 6” sewer main will be replaced with an 8” sewer main. The construction is expected to begin in November 2023 and will be completed within 60 calendar days.

7. ATTACHMENTS
· Bid Abstract
· Contract with Sequel Contractors, Inc.
· Location Map
City of Orange Printed on 9/21/2023Page 2 of 2
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128
Agenda Item
City Council
Item #: 3.8. 9/26/2023 File #: 23-0588
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Sequel Contractors, Inc. for Lomita Neighborhood Street Improvement Project; Bid No. 23-24.04.

4. FISCAL IMPACT
The total expenditure for this contract is $777,271 and will be funded in Pavement Management Program (13120) through Road Maintenance Rehabilitation Account (274).

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

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

1. Sequel Contractors, Inc., Santa Fe Springs, CA $706,610

2. Onyx Paving Company, Inc., Anaheim, CA $737,000
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Item #: 3.8. 9/26/2023 File #: 23-0588

3. Hardy & Harper, Inc., Lake Forest, CA $826,000

4. LCR Earthwork & Engineering, Corp., Jurupa Valley, CA $827,250

5. R.J. Noble Company, Orange, CA $853,994

6. COPP Contracting, Inc., Buena Park, CA $875,270

7. ATTACHMENTS
· Bid Abstract
· Contract with Sequel Contractors, Inc.
· Location Map
City of Orange Printed on 9/21/2023Page 2 of 2
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City of Orange: Summary of Bid Abstracts for:
1 2
Bid No. 23-24.04; Project No. SP-4220
Date of Bid Opening: 8/24/23
Tel. No. (562) 802-7227 Tel. No. (714) 532-6699
NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 2" Cold Plane Existing AC Pavement 9,400 SY 3.50 $ $32,900.00 $2.90 $27,260.00 $3.00 $28,200.00 2 Remove Asphalt Concrete/Subgrade (4"
Unclassified Excavation)
30 CY 170.00$ $5,100.00 $260.00 $7,800.00 $200.00 $6,000.00 3 Asphalt Concrete Pavement - Base Course60 TON 190.00$ $11,400.00 $235.00 $14,100.00 $272.00 $16,320.00 4 Asphalt Rubberized Hot Mix (ARHM) -
Surface Course (1/2" Class ARHM-GG-C)
1,100 TON 160.00$ $176,000.00 $155.50 $171,050.00 $142.00 $156,200.00 5 Adjust/Remove & Replace Water Valves Box
per OWD Standard No. 101
10 EA 1,300.00$ $13,000.00 $1,500.00 $15,000.00 $1,300.00 $13,000.00 6 Adjust Manhole Frame & Cover to Grade per
City Std. No. 408
11 EA 1,300.00$ $14,300.00 $1,300.00 $14,300.00 $1,300.00 $14,300.00 7 Inventory and Install Traffic Signing and
Striping, Legends, RPM's (Thermoplastic) per
MUTCD
1 LS 3,000.00$ $3,000.00 $3,000.00 $3,000.00 $2,630.00 $2,630.00 8 Traffic Control & Construction Phasing 1 LS 30,000.00$ $30,000.00 $36,500.00 $36,500.00 $123,000.00 $123,000.00 9 Sawcut & Remove Existing and Construct
Concrete Curb and Gutter, Type A per City
Std. Plan 117 (8" or Variable Curb Face)
2,300 LF 100.00$ $230,000.00 $88.00 $202,400.00 $76.00 $174,800.00 10 Horizontally Saw-Cut Curb, or Remove
Existing Curb and Sidewalk Access Ramp,
and Construct New Ramp Per City Std.

Plan No. 121 With Detectable Warning
Surface (Truncated Dome 4' X 3')
18 EA 7,500.00$ $135,000.00 $8,000.00 $144,000.00 $6,900.00 $124,200.00 11 Remove Existing and Construct Concrete
Cross Gutter and Spandrel per City Std. Plan
119
1,250 SF 38.00 $ $47,500.00 $30.00 $37,500.00 $31.00 $38,750.00 12 Remove And Construct Concrete Driveway
Per City Std. Plan No. 116a 1,400 SF 32.00 $ $44,800.00 $19.50 $27,300.00 $24.00 $33,600.00 13 Remove Existing and Construct Concrete
Sidewalk per City Std. Plan 118 & 120 400 SF 22.00$ $8,800.00 $16.00 $6,400.00 $15.00 $6,000.00 $751,800.00 $706,610.00 $737,000.00Grand Total

ENGINEER'S ESTIMATE
Lomita Neighborhood Street Improvement Project
Sequel Contractors, Inc.

Santa Fe Springs, CA
Onyx Paving Company, Inc.

Anaheim, CA

Page 1 of 3 ends

City of Orange: Summary of Bid Abstracts for:

Bid No. 23-24.04; Project No. SP-4220
Date of Bid Opening: 8/24/23
NO. DESCRIPTION OF WORK QUANTITY
1 2" Cold Plane Existing AC Pavement 9,400 SY
2 Remove Asphalt Concrete/Subgrade (4"
Unclassified Excavation)
30 CY
3 Asphalt Concrete Pavement - Base Course60 TON 4 Asphalt Rubberized Hot Mix (ARHM) -
Surface Course (1/2" Class ARHM-GG-C)
1,100 TON
5 Adjust/Remove & Replace Water Valves Box
per OWD Standard No. 101
10 EA
6 Adjust Manhole Frame & Cover to Grade per
City Std. No. 408
11 EA
7 Inventory and Install Traffic Signing and
Striping, Legends, RPM's (Thermoplastic) per
MUTCD
1 LS
8 Traffic Control & Construction Phasing 1 LS 9 Sawcut & Remove Existing and Construct
Concrete Curb and Gutter, Type A per City
Std. Plan 117 (8" or Variable Curb Face)
2,300 LF
10 Horizontally Saw-Cut Curb, or Remove
Existing Curb and Sidewalk Access Ramp,
and Construct New Ramp Per City Std.

Plan No. 121 With Detectable Warning
Surface (Truncated Dome 4' X 3')
18 EA
11 Remove Existing and Construct Concrete
Cross Gutter and Spandrel per City Std. Plan
119
1,250 SF
12 Remove And Construct Concrete Driveway
Per City Std. Plan No. 116a 1,400 SF
13 Remove Existing and Construct Concrete
Sidewalk per City Std. Plan 118 & 120 400 SF Grand Total
Lomita Neighborhood Street Improvement Project 3 4
Tel. No. (714) 444-1851 Tel. No. (951) 934-3231

UNIT PRICE AMOUNT UNIT PRICE AMOUNT
$2.77 $26,038.00 $5.00 $47,000.00
$382.00 $11,460.00 $95.00 $2,850.00
$276.00 $16,560.00 $240.00 $14,400.00
$131.00 $144,100.00 $160.00 $176,000.00
$1,220.00 $12,200.00 $1,100.00 $11,000.00
$1,030.00 $11,330.00 $1,300.00 $14,300.00
$2,060.00 $2,060.00 $8,000.00 $8,000.00
$107,292.00 $107,292.00 $30,000.00 $30,000.00
$105.00 $241,500.00 $65.00 $149,500.00
$9,320.00 $167,760.00 $14,500.00 $261,000.00
$34.00 $42,500.00 $40.00 $50,000.00
$26.00 $36,400.00 $38.00 $53,200.00
$17.00 $6,800.00 $25.00 $10,000.00
$826,000.00 $827,250.00
Hardy & Harper, Inc.

Lake Forest, CA
LCR Earthwork & Engineering, Corp.

Jurupa Valley, CA

Page 2 of 3 ends

City of Orange: Summary of Bid Abstracts for:

Plan No. 121 With Detectable Warning
Surface (Truncated Dome 4' X 3')
18 EA
11 Remove Existing and Construct Concrete
Cross Gutter and Spandrel per City Std. Plan
119
1,250 SF
12 Remove And Construct Concrete Driveway
Per City Std. Plan No. 116a 1,400 SF
13 Remove Existing and Construct Concrete
Sidewalk per City Std. Plan 118 & 120 400 SF Grand Total
Lomita Neighborhood Street Improvement Project 5 6 7
Tel. No. (714) 637-1550 Tel. No. (714) 522-7754 Tel. No. (951) 736-7600

UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
$3.36 $31,584.00 $5.30 $49,820.00 $2.92 $27,448.00
$622.00 $18,660.00 $375.00 $11,250.00 $415.00 $12,450.00 $283.00 $16,980.00 $245.00 $14,700.00 $215.00 $12,900.00 $135.85 $149,435.00 $233.00 $256,300.00 $138.00 $151,800.00 $1,300.00 $13,000.00 $1,200.00 $12,000.00 $1,400.00 $14,000.00 $1,225.00 $13,475.00 $1,200.00 $13,200.00 $1,700.00 $18,700.00 $2,140.00 $2,140.00 $4,200.00 $4,200.00 $2,750.00 $2,750.00 $101,000.00 $101,000.00 $58,250.00 $58,250.00 $234,274.00 $234,274.00 $105.00 $241,500.00 $94.00 $216,200.00 $85.00 $195,500.00 $10,880.00 $195,840.00 $8,200.00 $147,600.00 $10,000.00 $180,000.00 $28.00 $35,000.00 $35.00 $43,750.00 $28.00 $35,000.00
$21.50 $30,100.00 $28.00 $39,200.00 $14.00 $19,600.00
$13.20 $5,280.00 $22.00 $8,800.00 $17.00 $6,800.00
$853,994.00 $875,270.00 $911,222.00
COPP Contracting, Inc.

Buena Park, CA
R.J. Noble Company
Orange, CA
All American Asphalt
Corona, CA

Page 3 of 3 ends

CONTRACT
[Lomita Neighborhood Street Improvement Project (Bid No. 23-24.04)]

THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and SEQUEL CONTRACTORS, INC ., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contrac tor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work (the “Work”) described in:

(1) The Construction Plans for Lomita Neighborhood Street Improvement Project (Drawing SP-4220) approved by the “Engineer” (as defined herein below ) on August 3, 2023, and consisting of sheets numbered 1 through 8, inclusive (the “Plans”);

(2) The latest edition of the "City of Orange Standard Plans and Specifications" (the “Orange Book”) with the term "Engineer ," as used in the Orange Book and in this Contract , to specifically include the City Engineer (or designee);

(3) The "Standard Specifications for Public Works Construction” (the “Greenbook”), and all amendments thereto, except the definition of “Subcontractor” in Section 1.2 (General – Terms and Definitions) of Part 1 (General Provisions) of the Greenbook, which is hereby amended in its entirety to read as follows: “Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;”

(4) The “City of Orange Standard Special Provisions;”

(5) The Standard Plans; and

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

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special 134
2 Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City ’s exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary.

d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment.

e. Unless and until otherwise notified in writing by City ’s Public Works Director, City’s Senior Civil Engineer, Youichi Nakagawa (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

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

g. Contractor agrees that it has an obligation to reset all permanent survey markers as stated in the Orange Book, Part 4, Section 400- 2, “Permanent Survey Markers ,” and obtain the approval for pre- and post-construction centerline tie sheets and Corner Records from the County of Orange and deliver said approved documents to City as soon as they are received. This obligation extends to any of its subcontractors that have performed work in this regard. This subsection survives completion of the Work, the Notice of Completion, and final payment and shall be an enforceable obligation until fulfilled.

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within sixty (60) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract. 135
3 Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed SEVEN HUNDRED SIX THOUSAND SIX HUNDRED TEN DOLLARS and 00/100 ($706,610) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and f or the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of SEVENTY THOUSAND SIX HUNDRED SIXTY- ONE DOLLARS and 00/100 ($70,661) has been added to the total compensation of this Contract . The Authorized City Repre sentative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract , including contingencies, shall not exceed SEVEN HUNDRED SEVENTY- SEVEN THOUSAND TWO HUNDRED SEVENTY-ONE DOLLARS and 00/100 ($777,271).

ARTICLE 4
Licenses

Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this 136
4 Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract.

ARTICLE 5
Guarantees

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

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

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

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

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

ARTICLE 6
Water Quality

a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has i ssued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8 -2009-0030 (the “Permit”), which governs storm water and non- storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply w ith the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry- weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from 137
5 cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.

ARTICLE 7
Independent Contractor; Contractor not Agent

a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor’s services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be cons idered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

ARTICLE 8
Public Work; Prevailing Wage

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

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

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

d. Contractor shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation , any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract , Contractor shall bear all risks of payment or non- payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

During the performance of this Contract, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant f or employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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

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7 b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration fo r employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

ARTICLE 10
Conflicts of Interest

ARTICLE 11
Indemnity

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

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent t o the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a conse quence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection 140
8 with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.

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

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

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

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

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

(1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy,
with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu 141
9 of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured.

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

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

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

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

i. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

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

ARTICLE 13
Termination

City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor. 142
10 Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City terminate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract, unless such te rmination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

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

ARTICLE 15
Compliance with Laws

b. Contractor represents and warrants that it:

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

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

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

143
11 c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services unde r this Contract.

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

f. Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limi ted to fines, penalties and corrective measures, City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

ARTICLE 16
Governing Law and Venue

ARTICLE 17
Integration and Amendment

ARTICLE 18
Notice

144
12 Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e -mail, or by first class m ail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three ( 3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

Sequel Contractors, Inc. City of Orange
13546 Imperial Highway 300 E. Chapman Avenue
Santa Fe Springs, CA 90670 Orange, CA 92866-1591
Attn: Thomas S. Pack Attn: Eric Perez

Telephone: 562-802-7227 Telephone : 714-744-5568
E-Mail: [email protected] E- Mail: [email protected]

ARTICLE 19
Claim Resolution

City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attache d hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts

[Remainder of page intentionally left blank; signatures on next page] 145
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Melissa M. Crosthwaite
Senior Assistant City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

SEQUEL CONTRACTORS, INC., a California
corporation

[Note: Signature of Chairman of the By:

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

[Note: Signature of Secretary, Assistant By:

Secretary, Chief Financial Officer or Printed Name:

Assistant Treasurer is also required] Title:

√
146

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ATTACHMENT NO. 1

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

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

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

Section 1771. Payment of general prevailing rate

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

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Section 1771.1. Registration as a contractor or subcontractor required prior to bid submission; exceptions; violations; penalties
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the performance of any contract for public work, as define d in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code , provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her desig nee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) 149

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standar ds specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional an d did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher ti ered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 150

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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or afte r April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts

(a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce co mpliance with prevailing wage requirements.
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Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior recor d of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dolla rs ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 152

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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed be tween the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to m aking final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a wri tten declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 153

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The payroll records may consist of printout s of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor- management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 154

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(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of T itle 1 of the Government Code ) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 155

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

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding w ork on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 156

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1- to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrat or of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable cr aft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002- 03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Depar tment of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
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Orange City CouncilSeptember 26, 2023

Orange City Council
September 26, 2023