Agenda packet — Orange City Council, November 28, 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
November 28, 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.
(Continued on page 2)

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1 City Council Agenda November 28, 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 November 28, 2023
5:00 PM CLOSED SESSION

1. CALL TO ORDER

1.1 ROLL CALL

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

3. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) – One case In re Aqueous Film-Forming Foams Products Liability Litigation United States District Court Case No. 2:18-mn-02873
b. 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

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 November 28, 2023
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Kylee Simonton, HUB Resource Center

1.2 PLEDGE OF ALLEGIANCE
Councilmember Jon Dumitru

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Children's Hospital of Orange County Mental Health Presentation

1.5 REPORT ON CLOSED SESSION ACTIONS

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

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

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

Approve.

Recommended Action:

Staff ReportAttachments:

3.2. Agreement with Smithson Electric, Inc. for On -Call Traffic Signal Services Loop Detector Installation and Replacement.

Approve agreement with Smithson Electric, Inc. for an initial term of two years in the amount of $ 60,000 for On -Call Maintenance and Repair Services for Loop Detectors; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

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4 City Council Agenda November 28, 2023
Staff Report
Agreement with Smithson Electric, Inc.

Attachments:

3.3. Agreement with the County of Orange for Fiscal Year 2022-2023 Edward Byrne Memorial Justice Assistance Grant.

1. Approve the agreement with the County of Orange in the amount of $12,884 for Fiscal Year 2022-2023 Edward Byrne Memorial Justice Assistance Grant Program; and authorize the City Manager to execute on behalf of the City.

2. Accept into the City ’s revenue budget $12,884 in grant funds from the County of Orange, into revenue account number 353.4011.45150.30234, Federal Grants - 2023 JAG.

3. Authorize the appropriation of $12,884 into expenditure account number 353.4011.55131.30234, Equipment - 2023 JAG.

Recommended Action:

Staff Report
JAG MOU 15PBJA-23-GG-03185-JAGX
Attachments:

3.4. First Amendment to Agreement with AECOM Technical Services, Inc. for environmental, hydraulics, geotechnical and survey services for the Santiago Bike Trail Phase IV Project.

1. Approve the First Amendment to Agreement with AECOM for environmental, hydraulics, geotechnical and survey services for the Santiago Bike Trail Phase IV Project; and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the transfer of $43,000 from expenditure account number 500.5011.56330.13120 Pavement Management Program to expenditure account number 500.5011.56330.20325 Santiago Bike Trail Phase IV.

Recommended Action:

Staff Report
First Amendment to Agreement with AECOM Technical Services, Inc Attachments:

3.5. Approval of plans and specifications for Community Development Block Grant Fiscal Year 2023-2024 Grand Street Neighborhood Street Rehabilitation, authorization to advertise for bids, and finding of CEQA exemption.

Approve plans and specifications; authorize advertising for Bid No. 23-24.17 (SP-4264); and find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 “Existing Facilities” Class 1.

Recommended Action:

Staff Report
Location Map
Attachments:

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5 City Council Agenda November 28, 2023

3.6. Approval of plans and specifications for Landscape Renovation at White Oak Ridge between Newport Blvd. and Trails End Ln .; authorization to advertise for bids; and finding of CEQA exemption.

Approve plans and specifications; and authorize advertising for Bid No. 23-24.20.

Recommended Action:

Staff ReportAttachments:

3.7. Award of Contract to LCR Earthwork & Engineering, Corp. for Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.11.

Approve contract with LCR Earthwork & Engineering, Corp. in the amount of $1,454,640, representing an original amount of $ 1,322,400 plus a 10% contingency of $132,240 for Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Contract with LCR Earthwork & Engineering, Corp.

Location Maps
Bid Abstract
Attachments:

3.8. Third Amendment to Contract with Diversified Thermal Services, Inc. for preventive maintenance of heating, ventilation, and air conditioning equipment at various City facilities.

Approve the Third Amendment with Diversified Thermal Services, Inc. in the amount of $159,000 for preventive maintenance for heating, ventilation, and air conditioning equipment at various city facilities; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Third Amendment
Attachments:

3.9. Adoption of Resolution No. 11501 authorizing the City Manager and City Attorney to perform claims procedures and functions under the California Government Claims Act and amending Resolution No. 8966 to increase settlement authority amounts for designated employees.

Adopt Resolution No. 11501. A Resolution of the City Council of the City of Orange adopted pursuant to Government Code Section 935.4 of the California Government Claims Act (“Act”) authorizing the City Manager and City Attorney to perform administrative functions under the Act and amending Resolution No. 8966 to increase the settlement authority amounts for designated employees for settlement of civil liability claims against the City.

Recommended Action:

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6 City Council Agenda November 28, 2023
Staff Report
Resolution No. 11501
Attachments:

3.10. Adoption of Resolution 11502 delegating certain authority to the City Manager related to the approval and administration of contracts, agreements, instruments and conveyances.

Adopt Resolution No. 11502. A Resolution of the City Council of the City of Orange adopted pursuant to Section 3.08.095 of the Orange Municipal Code (“OMC”) and delegating certain authority to the City Manager related to the approval and administration of contracts, agreements, instruments and conveyances not otherwise covered by Chapter 3.08 or the OMC.

Recommended Action:

Staff Report
Resolution No. 11502
Attachments:

3.11. Classification, compensation, and terms of employment of Part -Time and Limited Duration employees for the period of January 1, 2024, through December 31, 2024. Resolution No. 11503.

Adopt Resolution No. 11503. A Resolution of the City Council of the City of Orange relating to the classification, compensation, and terms of employment for Part -time and Limited Duration employees of the City of Orange effective January 1, 2024, through and including December 31, 2024, and repealing Resolution No. 11423 and amendments thereto.

Recommended Action:

Staff Report
Resolution No. 11503
Attachments:

3.12. Adoption of Resolution No. 11505 specifying the date, time, and place for the Santiago Creek Commission, Community Development Block Grant Program Committee, and the Investment and Audit Committee regular meetings.

Adopt Resolution No. 11505. A Resolution of the City Council of the City of Orange Rescinding Resolution No. 11499 and re -establishing the number of members, qualifications for membership, purpose, compensation and meeting information for specified City Boards, Committees and Commissions by specifying meeting date, time, and place for the Santiago Creek Commission, Community Development Block Grant Program Committee, and the Investment and Audit Committee.

Recommended Action:

Staff Report
Resolution No. 11505
Attachments:

END OF CONSENT CALENDAR

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7 City Council Agenda November 28, 2023
* * * * * * * *

4. REPORTS FROM MAYOR SLATER

4.1. Leasing of former Fire Headquarters property

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

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

5.1. Highlight Local Business (Gutierrez)

5.2. Community Needs Assessment Survey (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

7.1. Agreement with Kosmont & Associates, Inc. for economic development services.

Approve the agreement with Kosmont & Associates, Inc. in the amount of $ 31,000 for economic development services; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with Kosmont & Associates, Inc.

Attachments:

7.2. Agreement with Kelly Associates Management Group LLC to facilitate and update the City’s Strategic Plan.

Approve the agreement with Kelly Associates Management Group LLC in the amount of $ 20,000 to update the City ’s Strategic Plan; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with Kelly Associates Management Group
OCLAFCO Strategic Plan
City of Lake Forest Strategic Plan
Summary of Services
Attachments:

8. REPORTS FROM CITY MANAGER

8.1. Fiscal Year 2023-24 General Fund First Quarter Budget Report.

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8 City Council Agenda November 28, 2023
Receive and file.

Recommended Action:

Staff ReportAttachments:

9. LEGAL AFFAIRS

9.1. Introduction and First Reading of Ordinance No. 14-23 adding Chapter 2.13 to Title 2 of the Orange Municipal Code Related to Lobbyist Registration and Reporting.

Introduce and conduct First Reading of Ordinance No. 14-23. An Ordinance of the City Council of the City of Orange adding Chapter 2.13 to Title 2 of the Orange Municipal Code Related to Lobbyist Registration and Reporting.

Recommended Action:

Staff Report
Ordinance No. 14-23
Ordinance No. 14-23 - Redlined
Attachments:

10. PUBLIC HEARINGS

10.1. Public Hearing to consider conduit tax -exempt bond financing for “The Orion ” Senior Affordable Housing Project, Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing and finding of CEQA exemption.

1. Conduct and close Public Hearing.

2. Find that this action is not a project as defined by the California Environmental Quality Act (CEQA).

3. Adopt Resolution No. 11504. A Resolution of the City Council of the City of Orange approving a plan of finance including the issuance of revenue bonds by the California Municipal Finance Authority in an aggregate principal amount not to exceed $45,000,000 to finance and refinance a qualified rental project for the benefit of Orange 702, L .P., a California Limited Partnership, and certain other matters relating thereto, located at 1800 E. La Veta Avenue.

Recommended Action:

Staff Report
Attachment 1 - Resolution No. 11504
Attachment 2 - March 7, 2022 Planning Commission Staff Report (without attachments)
Attachment 3 - Planning Commission Resolution No. PC 02-22 Attachments:

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

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9 City Council Agenda November 28, 2023
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: November 22, 2023

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10 Agenda Item
City Council
Item #: 3.1. 11/28/2023 File #: 23-0767
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. 11/28/2023 File #: 23-0767
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. 11/28/2023 File #: 23-0750
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Smithson Electric, Inc. for On-Call Traffic Signal Services Loop Detector Installation and Replacement.

2. SUMMARY
Of the City’s 157 traffic signals, 143 utilize some extent of vehicle detection via inductive loop detectors. The On-Call Maintenance and Repair Services Agreement authorizes Smithson Electric, Inc. to provide the routine maintenance and repair services necessary to maintain and operate an effective traffic signal system.

3. RECOMMENDED ACTION
Approve agreement with Smithson Electric, Inc. for an initial term of two years in the amount of $60,000 for On-Call Maintenance and Repair Services for Loop Detectors; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $60,000, with the Fiscal Year 2023 - 2024 annual amount of $30,000 to be funded through General Fund (100) account number 100.5074.51700.00000.

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’snetwork of 157 traffic signals utilizes a variation of vehicle detection services including video detection and inductive loop detectors. 14 intersections rely on video detection, 19 intersections have a combination of video detection and advance loop detection, and the remaining 124 solely utilize loop detection. Vehicle detection is vital to safe and efficient traffic flow, and damaged inductive loop detectors require timely maintenance to ensure traffic signals work as intended.

City staff issued a request for proposals (RFP) for on-call maintenance and repair services on October 12, 2023, with a submittal deadline of November 2, 2023. Two contractors submitted their City of Orange Printed on 11/21/2023Page 1 of 2
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13 Item #: 3.2. 11/28/2023 File #: 23-0750
October 12, 2023, with a submittal deadline of November 2, 2023. Two contractors submitted their proposals for consideration, both demonstrating qualifying experience with similar projects.

A three-member selection committee was assembled to evaluate the contractors’proposals based on the following criteria:
· Contractor’s Personnel and Equipment
· Understanding and Approach
· Relevant Experience and Qualifications
· References
· Service Availability
· Fee Proposal
After evaluation of the proposals, the selection committee ranked Smithson Electric, Inc. (Smithson) as the top contractor for the project.

Smithson conveyed a clear understanding and ability to meet the City’s needs and has had a longstanding history completing loop detector replacements with the City.

The annual estimated cost for on-call maintenance and repair services is $30,000 per year. Funding for the first year of the contract ($30,000) is included in the approved FY23-24 operating budget.

Actual expenditures may exceed $30,000 (up to the contract limit) in year one in the event there is a need and available budget. No additional appropriation is being requested.

To reduce administrative efforts of annual contract amendments, the initial term of the agreement with Smithson is for two years, with the option for the City to grant up to 3 one-year extension terms.

Approval of the extensions will be based upon performance and will be executed by the City Manager. The total expenditure for the initial two-year term is $60,000. Each subsequent year would be an additional amount of $30,000.

7. ATTACHMENTS
· Agreement with Smithson Electric, Inc.

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14 Agenda Item
City Council
Item #: 3.2. 11/28/2023 File #: 23-0750
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with Smithson Electric, Inc. for On-Call Traffic Signal Services Loop Detector Installation and Replacement.

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

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

City staff issued a request for proposals (RFP) for on-call maintenance and repair services on October 12, 2023, with a submittal deadline of November 2, 2023. Two contractors submitted their City of Orange Printed on 11/21/2023Page 1 of 2
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15 Item #: 3.2. 11/28/2023 File #: 23-0750
October 12, 2023, with a submittal deadline of November 2, 2023. Two contractors submitted their proposals for consideration, both demonstrating qualifying experience with similar projects.

Smithson conveyed a clear understanding and ability to meet the City’s needs and has had a longstanding history completing loop detector replacements with the City.

The annual estimated cost for on-call maintenance and repair services is $30,000 per year. Funding for the first year of the contract ($30,000) is included in the approved FY23-24 operating budget.

Actual expenditures may exceed $30,000 (up to the contract limit) in year one in the event there is a need and available budget. No additional appropriation is being requested.

7. ATTACHMENTS
· Agreement with Smithson Electric, Inc.

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16 ON-CALL MAINTENANCE AND REPAIR SERVICES AGREEMENT
[On-Call Traffic Signal Services: Loop Detector Installation and Replacement; SP-4272 (Bid No. 23-24.16)]

THIS MAINTENA NCE SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ________________, 2023 by and between the CITY OF ORANGE, a mun icipal corporation (“City”) and SMITHSON ELECTRIC, INC., a California corporation (“Contractor”), who agree as follows.

1. Services. Subject to the terms and conditions set forth in this Agreement and on an on-call basis, as further described herein, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A ,” which is attached hereto and incorporated herein by this reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully under stands the difficulti es and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

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

2. Total Compensation, Annual Compensation and Fee Schedule.

a. It is understood that services described in the Scope of Work will be provided on an on -call and as -needed basis, determined at the sole discretion of the City. City neither warrants nor guarantees any minimum or maximum compensation paid to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement.

However, Contractor’s total compensation for all services that may be performed under this Agreement, during the Initial Term, as defined in Section 2.1.a , shall not exceed SIXTY THOUSAND DOLLARS and 00/100 ($60,000.00) without the prior written authorization of the City.

b. The compensation for services performed under this Agreement shall be paid for hourly costs, time and materials, or per unit price as specified in Exhibit “B.”

c. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and all related expenses.

17 2

2.1. Term and Extension(s).

a. The Initial Term of this Agreement is two (2) years (the “Initial Term”), commencing November 28, 2023, and expiring on November 27, 2025 (the “Expiration Date”); provided, however, that City has the right to extend the term of this Agreement for the following extensions and upon the following terms:

(1) First Extension (the “First Extension Term”) commencing November 28, 2025 , and terminating November 27, 2026, shall be an additional amount not to exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) to be added to the Agreement, for a total compensation of NINETY THOUSAND DOLLARS and 00/100 ($90,000.00) without the prior written authorization of City;

(2) Second Extension (the “Second Extension Term”) commencing November 28, 2026 , and terminating November 27, 2027 , shall be an additional amount not to exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) to be added to the Agreement, for a total compensation of ONE HUNDRED TWENTY THOUSAND DOLLARS and 00/100 ($120,000.00) without the prior written authorization of City;

(3) Third Extension (the “Third Extension Term”) commencing November 28, 2027 , and terminating November 27, 2028 , shall be an additional amount not to exceed THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) to be added to the Agreement, for a total compensation of ONE HUNDRED FIFTY THOUSAND DOLLARS and 00/100 ($150,000.00) without the prior written authorization of City.

b. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension Term (if at all) no later than thirty (30) days prior to the Expiration Date of the then -current te rm; provided, however, that City’s notice of its intention to extend the term of this Agreement for each Extension Term shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension Term as part of its annual budget approval process prior to the beginning of each Extension Term. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Agreement no later than thirty (30) days prior to the Expiration Date of the then -current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension Term in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension Term, this Agreement shall terminate and be of no further force and effect as of the expiration of the then-current term. Notwithstanding anything in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension Term and City receives notice that appropriation of funds for the Extension Term in question are not available after Contractor has performed services under the Extension Term, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension Term through the date of termination of the Agreement. Except as specifically set forth herein, the terms and conditions of each Extension Term will be the same as the Initial Term.

18 3
c. Any Extension Term, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement refl ecting the exercise of each Extension Term and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension Term.

3. Payment.

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

b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any authorized extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Contractor.

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

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

Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited 19 4
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

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

8. Designated Persons. Except as otherwise authorized by City’s Project Manager, only the employees of Contractor shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

10. Term. The term of this Agreement shall be for two (2) years, commencing on November 28, 2023, and ending on November 27, 2025.

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

12. Reserved.

13. Reserved.

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

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

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

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in 20 5
conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

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

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a 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.

17. Indemnity.

a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all cl aims under worker s’ compensation acts and other employee benefit acts with respect to Contractor’s employees or subcontractor’s employees arising out of Contractor’s work under this Agreement , including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreeme nt, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgmen t that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. Reserved.

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c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.

a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) Two Million Dollars ($ 2,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

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

e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contract or under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Agreement.

f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

22 7
g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

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

i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.

j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

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

k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

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

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

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

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21. Compliance with Laws/Background.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

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

Additionally, to perform work under this Agreement, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

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

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

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

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

d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

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e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.

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

g. All personnel performing any services to City under this Agreement shall possess sufficient experience and security records to perform the work at public facilities.

Contractor shall conduct and complete, to City’s satisfaction, sufficient background checks to ensure no personnel performing services under this Agreement is listed on the National Sex Offender Public Registry (“NSOPR”). Contractor shall monitor personnel security records to ensure no existing or new employees performing services under this Agreement are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety.

h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Agreement. City has the right, in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employee from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Agreement.

i. Contractor agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

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

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or 25 10
within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

Smithson Electric, Inc. City of Orange
1938 E Katella Avenue 300 E. Chapman Avenue
Orange, CA 92867-5109 Orange, CA 92866-1591
Attn.: Chris Zell Attn.: Larry Tay

Telephone: (714) 681-3144 Telephone: (714) 744-5534 E-Mail: [email protected] E-Mail: [email protected]

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

[Remainder of page intentionally left blank; signatures on next page]

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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

SMITHSON ELECTRIC, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Melissa M Crosthwaite
Senior Assistant City Attorney

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

√

27 12
EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]

28 ORANGE CIVIC CENTER · 300 E · CHAPMAN AVENUE · ORANGE, CA 92866

REQUEST FOR PROPOSAL
for
ON-CALL TRAFFIC SIGNAL SERVICES: LOOP

DETECTOR INSTALLATION AND REPLACEMENT
RFP 23-24.16
Request for Clarifications Due: October 26, 2023 by 2:00 p.m.

Proposals Due: November 2, 2023 by 2:00 p.m.
29 Table of Contents
REQUEST FOR PROPOSAL FOR ON-CALL TRAFFIC SIGNAL SERVICES: LOOP DETECTOR INSTALLATION AND REPLACEMENT ............................................................................................... 1 INTRODUCTION ............................................................................................................................. 1 SCOPE OF WORK............................................................................................................................ 1 RESPONSIBILITIES OF THE CONTRACTOR ................................................................................ 2 PROPOSAL SUBMITTAL ...................................................................................................................... 4 PROPOSAL SCHEDULE OF EVENTS ............................................................................................ 4 REQUEST FOR CLARIFICATIONS ................................................................................................ 4 MAIN PROPOSAL REQUIREMENTS ............................................................................................. 4 FEE PROPOSAL REQUIREMENTS ................................................................................................ 5 PROPOSAL PREPARATION EXPENSES........................................................................................ 6 CITY’S RESERVATION OF RIGHTS .............................................................................................. 6 COMPENSATION ............................................................................................................................ 6 PROPOSAL SUBMITTAL INSTRUCTIONS ................................................................................... 7 SELECTION CRITERIA ......................................................................................................................... 8 PROPOSAL EVALUATION ............................................................................................................. 8 SELECTION PROCEDURE.............................................................................................................. 9 GENERAL INFORMATION............................................................................................................. 9 AWARD OF AGREEMENT ............................................................................................................. 9 IMPLEMENTATION ........................................................................................................................ 9

ATTACHMENTS
Attachment A: Insurance Checklist
Attachment B: Special Provisions
Attachment C: Referenced Standard Details
Attachment D: Sample Agreement
Attachment E: Fee Proposal Documents
Non-Collusion Affidavit ........................................................................................................ P-1 Nonlobbying Certification ...................................................................................................... P-2 Nondiscrimination Certification ............................................................................................. P-3 Contractor’s Licensing and Registration Statement ................................................................. P-5 Prevailing Wage Compliance and Monitoring Statement......................................................... P-6 Ownership Affidavit .............................................................................................................. P-7 List of Subcontractors ............................................................................................................ P-8 References ............................................................................................................................. P-9 Apprenticeship Requirement Statement ................................................................................. P-11 “Anti-Kickback” Requirement Statement .............................................................................. P-12 Public Contract Code Questionnaires..................................................................................... P-13 Proposers Certification and Proposal Item Pricing “Fee Proposal” ......................................... P-14 30

Page 1 of 9 ends

On-Call Traffic Signal Services: Loop Detector Installation and Replacement

REQUEST FOR PROPOSAL FOR
ON-CALL TRAFFIC SIGNAL SERVICES: LOOP DETECTOR

INSTALLATION AND REPLACEMENT

INTRODUCTION
The City of Orange is requesting proposals from qualified electrical contractors for traffic signal vehicle detection repair services on an on-call/ as-needed basis for a period of two (2) years, with the option for the City to grant up to three (3) one (1)-year renewals.

The City of Orange maintains a total of 157 traffic signals; of these, 14 intersections rely on video detection, 19 intersections have a combination of vehicle detection and advance loop detection, and the remaining 124 solely utilize loop detection. The City is looking for responsive and responsible contractors that will be committed to providing the best level of service in installing traffic signal inductive loop detectors and associated tasks.

Prospective contractors are requested to read all sections of this proposal carefully. Proposers should note critical items such as minimum requirements, scope of services, proposal submittal dates and formats, and submittal instructions. Only the Request for Proposal document (RFP) received directly from the City shall be considered official, as the City must track RFP holders in the event an addendum is issued.

Prospective contractors may email Elizabeth Aragonez, [email protected], Administrative Assistant at the City of Orange, requesting to be added to the Proposer List. Any addendum issued will be provided to prospective contractors on the Proposer List.

SCOPE OF WORK
1) Scope of Work
The scope of work generally consists of on-call traffic signal inductive loop detector services.

This includes installation of or removal of existing and replacement of traffic signal inductive loop detectors and conduit, testing, and traffic control. Majority of the work is anticipated for field equipment repairs. Scope of work shall include but is not limited to:
 Removal of existing traffic signal inductive loop detectors, splicing, procurement/ installation of new Type “E” (presence/ advance) or Type “E” Modified (bicycle presence) loop detectors, and conduit stub out and upgrading as necessary.  Testing of loop detectors consistent with Special Provisions  Miscellaneous tasks related to traffic signal inductive loop detectors, as directed by City Staff.
 The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services, and materials to perform all work.
 The Contractor may utilize subcontractors and/ or manufacturers with specific expertise to provide the needed services.
 Work to be done shall be determined per the attached Fee Proposal rates. 2) Working Hours
The Contractor’s activities shall be confined to the following hours:

Normal working hours are from 7:00 a.m. to 4:00 p.m. for local streets and from 8:30 a.m. to 3:30 p.m. for arterial streets, Monday through Friday, excluding all City observed holidays. No 31

Page 2 of 9 ends

On-Call Traffic Signal Services: Loop Detector Installation and Replacement work will be permitted outside the specified working hours except under extraordinary circumstances and with prior approval of the City Traffic Engineer.

The Contractor shall not start, operate, move, or work on any equipment prior to 7:00 a.m. 3) City Responsibilities
The City will provide as-built plans and any other material related to the traffic signal inductive loop detectors to facilitate the repair work.

RESPONSIBILITIES OF THE CONTRACTOR
1) Licenses
The Contractor must possess or obtain a valid California Class C-10 Electrical Contractor license prior to the scheduled award date of this contract.
2) Service Personnel
The Contractor shall provide qualified service personnel or subcontractor to replace and install traffic signal loop detectors as described. Personnel shall have at least one (1) year of experience replacing and installing traffic signal loop detectors.

The Contractor shall include the personnel’s qualifications in the proposal. The City will notify the Contractor in the City’s sole opinion if any personnel proposed are not qualified to work on these systems. Within thirty (30) days after the City makes the determination, the Contractor shall hire qualified subcontractor(s) specialized in the respective scope of work without any additional compensation from the City.
3) Equipment
The Contractor shall have access to a traffic loop saw capable of making circular cuts and shall furnish all necessary tools and equipment necessary to perform the work. 4) DIR Registration
On-call public work tasks completed as part of this RFP and proposal(s) submitted shall be subject to the following: No contractor or subcontractor may be listed on a project for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Any subsequent work that follows from this RFP is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.
5) Prevailing Wage Compliance and Monitoring
Contractor shall be aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as 32

Page 3 of 9 ends

On-Call Traffic Signal Services: Loop Detector Installation and Replacement defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall be in compliance with the Prevailing Wages and requirements effective the due date of this proposal submittal and shall pay prevailing rates of per diem wages according to state law at all times throughout the term of any future agreement with the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
6) Safety Program Requirements
The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State, and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices, and protective equipment and shall take any and all actions appropriate to providing a safe construction site.

The following is also required in addition to being in compliance with the above and related latest editions (unless otherwise noted) of the standard specifications and/ or plans in the City of Orange “Orangebook,” APWA “Greenbook (2018 Edition),” CA MUTCD, CALTRANS Standard Plans and Standard Specifications, CALTRANS Highway Design and Traffic Manuals. 33 Tuesday, October 31, 2023

City of Orange
300 E Chapman Avenue
Orange, CA 92866
Re: RFP 23-24. 16 On-Call Loop Detector Installation and Replacement

Reducing traffic congestion and facilitating a safe flow of traffic is vital to any city. Because of this, the City of Orange requires working traffic loop detectors. As a project that encompasses every corner of the City of Orange, you require a vendor who can complete traffic loop installation and replacement on-time and within budget for the ongoing safety and comfort of your residents.

With over 30 years of experience in the traffic loop detector industry, Smithson Electric, Inc. brings the necessary experience to ensure the success of this project.

Why Smithson Electric, Inc.

In addition to our 30-plus years of expertise, there are a few key reasons why the City of Orange will benefit from working with Smithson Electric, Inc.

• Local
Smithson Electric, Inc. is headquartered in the City of Orange. Making it easy for us to attend to any installation and/or repair requests in a timely manner. • Experience
Smithson Electric, Inc. has held traffic loop detector maintenance contracts with several local cities and public works departments. From small annual projects to large multi-year projects.

In working with Smithson Electric, Inc., the City of Orange can rest assured that you are receiving a top-quality product/installation from our qualified staff. Our history of completing similar projects both within your city and around Southern California, speaks to our expertise, integrity, and attention to quality. We look forward to supporting the City of Orange in this project.

Chris Zell
Vice President
Smithson Electric, Inc.

Phone: 714.681.3144 | email: [email protected]

34 SMITHSON ELECTRIC, INC. – PROPSAL FOR RFP 23-24. 16 On-Call Loop Detector Installation and Replacement

Table of Contents

Organizational chart of key staff ........................................................................................................................................... 1 Outline of key staff ................................................................................................................................................................. 1 Project Understanding and Approach ................................................................................................................................... 2 Relevant Experience and Qualifications ................................................................................................................................ 2 Service Availability ................................................................................................................................................................. 2 Appendices ............................................................................................................................................................................ 3 Resumes of Key Staff ........................................................................................................................................................... 3 Fee Proposal Documents .................................................................................................................................................... 7

35 Smithson Electric, Inc. organizational chart of key staff for above referenced project

Smithson Electric, Inc. Outline of key staff for above referenced project Chris Zell, Vice President
Oversees all field/project operations
Allan Alvaro, General Foreman
Manages all field personnel on project. Attends pre-con meetings with city ofificals and engineers as needed throughout duration of project.

Laurie Johnsen, Contract Administrator
Manages office operations for project. This includes contract administration, insurance compliance, payroll and billing.

Chris Zell
Vice President
Allan Alvaro
General Foreman
Laurie
Johnsen
Contract Administrator
36 Project Understanding and Approach
Replace all traffic loop detectors that are assigned to be installed or replaced by the City of Orange.

Smithson Electric, Inc.’s approach will be as follows: after receiving traffic loop detector assignment from the City of Orange’s traffic department, we will work with the city to schedule work to be preformed. After completion of assigned work, Smithson Electric, Inc. will notify city of said completion.

Relevant Experience and Qualifications
Smithson Electric, Inc. has held multiple traffic loop detector maintenance contracts with several local cities and public works departments. In addition, we have worked with over 150 contractors and municipalities to install traffic loop detectors. We utilize four (4) 3-4 man crews each day.

Smithson Electric, Inc. specializes in traffic loop detector installation. Over 50% of our field staff have been employed by Smithson Electric, Inc. for over 10 years. As mentioned above, we have worked with numerous public works entities and are confident that we can fulfill the proposed contract with efficient and quality work.

Service Availability
Our turn-around time for assigned traffic loop detector locations will be to complete requests within 2 weeks of the date of request. Depending on schedule availability, emergency request availability will be assessed on an as-needed basis.

37 13
EXHIBIT “B”

COMPENSATION FOR SERVICES

[Beneath this sheet.]
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
Agenda Item
City Council
Item #: 3.3. 11/28/2023 File #: 23-0758
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 County of Orange for Fiscal Year 2022-2023 Edward Byrne Memorial Justice Assistance Grant.

2. SUMMARY
The eligible joint allocation amount awarded to the County of Orange is $500,787 of which $14,316 is allocated to the City of Orange. The County of Orange is requesting approval of an agreement that allocates the City’s 2023 program funds as follows: $1,432 for grant administrative fees to the County, and $12,884 retained by the City.

3. RECOMMENDED ACTION

1. Approve the agreement with the County of Orange in the amount of $12,884 for Fiscal Year 2022- 2023 Edward Byrne Memorial Justice Assistance Grant Program; and authorize the City Manager to execute on behalf of the City.

2. Accept into the City’srevenue budget $12,884 in grant funds from the County of Orange, into revenue account number 353.4011.45150.30234, Federal Grants-2023 JAG.

3. Authorize the appropriation of $12,884 into expenditure account number 353.4011.55131.30234, Equipment - 2023 JAG.

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

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

6. DISCUSSION AND BACKGROUND
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government. In October 2023, the U.S.

Department of Justice approved the application for funding under the 2023 Edward Byrne Memorial JAG Program. The joint allocation amount awarded to the County of Orange is $500,787, of which $12,884 was awarded to the City of Orange Police Department to support the purchase of City of Orange Printed on 11/21/2023Page 1 of 2
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56 Item #: 3.3. 11/28/2023 File #: 23-0758
computers.

The Orange Police Department’s2023 jurisdictional project identified the need to secure four desktop computers, eight monitors, and two rugged laptops to provide the newly created Crime Reduction Unit with the necessary computer equipment to respond to and combat current crime trends. The computers will enable the officers to maintain communication with vital systems needed to conduct police business. The unit coupled with crime analysis data allows resources to be specifically deployed in areas of increased criminal activity during time frames found to be most beneficial.

The County of Orange is requesting approval of an agreement that allocates the City’s2023 JAG funds as follows: $1,432 for grant administrative fees and $12,884 retained by the City.

7. ATTACHMENTS
· JAG MOU 15PBJA-23-GG-03185-JAGX
City of Orange Printed on 11/21/2023Page 2 of 2
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57 Agenda Item
City Council
Item #: 3.3. 11/28/2023 File #: 23-0758
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 County of Orange for Fiscal Year 2022-2023 Edward Byrne Memorial Justice Assistance Grant.

3. RECOMMENDED ACTION

1. Approve the agreement with the County of Orange in the amount of $12,884 for Fiscal Year 2022- 2023 Edward Byrne Memorial Justice Assistance Grant Program; and authorize the City Manager to execute on behalf of the City.

2. Accept into the City’srevenue budget $12,884 in grant funds from the County of Orange, into revenue account number 353.4011.45150.30234, Federal Grants-2023 JAG.

3. Authorize the appropriation of $12,884 into expenditure account number 353.4011.55131.30234, Equipment - 2023 JAG.

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

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

Department of Justice approved the application for funding under the 2023 Edward Byrne Memorial JAG Program. The joint allocation amount awarded to the County of Orange is $500,787, of which $12,884 was awarded to the City of Orange Police Department to support the purchase of City of Orange Printed on 11/21/2023Page 1 of 2
powered by Legistar™
58 Item #: 3.3. 11/28/2023 File #: 23-0758
computers.

The County of Orange is requesting approval of an agreement that allocates the City’s2023 JAG funds as follows: $1,432 for grant administrative fees and $12,884 retained by the City.

7. ATTACHMENTS
· JAG MOU 15PBJA-23-GG-03185-JAGX
City of Orange Printed on 11/21/2023Page 2 of 2
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59 60
61 Agenda Item
City Council
Item #: 3.4. 11/28/2023 File #: 23-0786
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with AECOM Technical Services, Inc. for environmental, hydraulics, geotechnical and survey services for the Santiago Bike Trail Phase IV Project.

2. SUMMARY
The First Amendment will increase the scope of work to be completed by AECOM for revising the project environmental documents and related technical studies that are required to finalize the Initial Study/Mitigated Negative Declaration for the Santiago Bike Trail Phase IV Project.

3. RECOMMENDED ACTION

2. Authorize the transfer of $43,000 from expenditure account number 500.5011.56330.13120 Pavement Management Program to expenditure account number 500.5011.56330.20325 Santiago Bike Trail Phase IV.

4. FISCAL IMPACT
The total expenditure for the original agreement is $381,801. After this first amendment, the total expenditure will be $424,801 and will be funded in Santiago Bike Trail IV (20325) through:

Capital Projects (500) $140,532
Reimbursable Capital Projects(550) $284,269
Total: $424,801

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 original agreement with AECOM Technical Services, Inc. (AECOM) was signed on February 12, 2021, to provide environmental, hydraulics, geotechnical and survey services for the Santiago Bike City of Orange Printed on 11/21/2023Page 1 of 2
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62 Item #: 3.4. 11/28/2023 File #: 23-0786
2021, to provide environmental, hydraulics, geotechnical and survey services for the Santiago Bike Trail Phase IV Project. This project is to extend the Santiago Creek Bike Trail from its current terminus near the Cannon Street and Santiago Canyon Road intersection to the Santiago Oaks Regional Park. The trail alignment will follow Santiago Creek and will include two pedestrian bridges, asphalt concrete bike trail and rehabilitation of the existing equestrian trail along the creek.

By the summer of 2022, the consultant had completed the submittal of the Draft Preliminary Environmental Study (PES) to Caltrans, all the technical studies, and completed the draft Initial Study/Mitigated Negative Declaration (IS/MND). However, the following issues caused changes to the original design and will require the consultant to revise the environmental documents and technical studies.
· Results of the Floodplain Study found the post-project 100-year creek water surface to be higher in some locations. This results in modifying the original bridge design. · Comments were received from Orange County Parks regarding impacts to the Santiago Oaks Regional Park, such as protecting existing trees and existing wall structures. The trail design was modified to address these comments.
· Submittal of the field topographic survey allowed for some fine tuning of the design.

These changes to the project resulted in new limits of disturbance (LOD) and construction-related considerations that had not been previously considered in the studies. Thus, additional scope is required to finalize the IS/MND for the Santiago Bike Trail Phase IV Project.

City staff held negotiation discussions with the consultant and agreed the amount of $43,000 is appropriate for the additional scope of work. With the approval of this amendment, the consultant can resume finalizing the documents and begin the review process for environmental clearance.

The tentative schedule is to complete the project’s environmental phase in October 2024.

7. ATTACHMENTS
· First Amendment to Agreement with AECOM Technical Services, Inc.

City of Orange Printed on 11/21/2023Page 2 of 2
powered by Legistar™
63 Agenda Item
City Council
Item #: 3.4. 11/28/2023 File #: 23-0786
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
First Amendment to Agreement with AECOM Technical Services, Inc. for environmental, hydraulics, geotechnical and survey services for the Santiago Bike Trail Phase IV Project.

3. RECOMMENDED ACTION

2. Authorize the transfer of $43,000 from expenditure account number 500.5011.56330.13120 Pavement Management Program to expenditure account number 500.5011.56330.20325 Santiago Bike Trail Phase IV.

Capital Projects (500) $140,532
Reimbursable Capital Projects(550) $284,269
Total: $424,801

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 original agreement with AECOM Technical Services, Inc. (AECOM) was signed on February 12, 2021, to provide environmental, hydraulics, geotechnical and survey services for the Santiago Bike City of Orange Printed on 11/21/2023Page 1 of 2
powered by Legistar™
64 Item #: 3.4. 11/28/2023 File #: 23-0786
2021, to provide environmental, hydraulics, geotechnical and survey services for the Santiago Bike Trail Phase IV Project. This project is to extend the Santiago Creek Bike Trail from its current terminus near the Cannon Street and Santiago Canyon Road intersection to the Santiago Oaks Regional Park. The trail alignment will follow Santiago Creek and will include two pedestrian bridges, asphalt concrete bike trail and rehabilitation of the existing equestrian trail along the creek.

The tentative schedule is to complete the project’s environmental phase in October 2024.

7. ATTACHMENTS
· First Amendment to Agreement with AECOM Technical Services, Inc.

City of Orange Printed on 11/21/2023Page 2 of 2
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65 FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Environmental, Hydraulics, Geotechnical and Survey Services]

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of _______________, 20__, by and between the CITY OF ORANGE, a municipal corporation (“City”), and AECOM Technical Services, Inc., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7033) dated as of February 12, 2021, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by appropriating more funds for additional scope to revise project environmental documents and related technical studies.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3 Revised Scope of Services . The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by FORTY-THREE THOUSAND DOLLARS and 00/100 ($ 43,000.00) and Section 2.a is hereby amended in its entirety to read as follows:

“Contractor's total compensation for all services performed under this Agreement, shall not exceed FOUR HUNDRED TWENTY -FOUR THOUSAND EIGHT HUNDRED DOLLARS and 35/100 ($ 424,800.35) without the prior written authorization of City.”

Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between 66 2
the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.

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

“CONTRACTOR” “CITY”

AECOM TECHNICAL SERVICES, INC. CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Melissa M. Crosthwaite
Senior Assistant City Attorney

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

√

67 EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

68 AECOM
999 Town & Country Road
4th Floor
Orange, CA 92868
www.aecom.com
714.567.2400 tel
714.953.6989 fax

October 27, 2023

Mr. Youichi Nakagawa, P.E.

Public Works Department - Engineering Division
300 East Chapman Avenue
Orange, California 92866-1591

Subject: Proposed Amendment for the Santiago Creek Multipurpose Trail Extension Project

Dear Mr. Nakagawa,

AECOM Technical Services, Inc. (AECOM) has supported the City of Orange (City) with the Santiago Creek Multipurpose Trail Extension Project (project) for several years. In 2021/2022 we prepared technical studies and initial environmental documents, but they were placed on hold while the design was modified. The purpose of this amendment is to obtain more funds for the additional effort that will be required to reevaluate the project because of those design changes. This additional effort will involve updating the environmental documents (Preliminary Environmental Study and Initial Study/Mitigated Negative Declaration), related technical studies, prepare the Categorical Exclusion Determination Form, and the Categorical Exclusion Checklist for Caltrans’ review/approval (NEPA compliance).

This letter outlines the additional scope associated with this proposed amendment (Phase 2). A Revised Work Plan for Phase 2 is provided in Attachment A. Our requested fee amendment reflects the additional hours needed to complete Phase 2 at bill rates authorized in the current contract which will need to be extended for the period of performance.

SCOPE OF WORK

Background

AECOM and the City initiated work on the project in early 2021. By summer 2022 AECOM had completed most Phase 1 through Phase 3 tasks of the project Work Plan, which included completion and submittal of the Draft Preliminary Environmental Study (PES) to Caltrans, completion of all technical studies, and drafting of the Initial Study/Mitigated Negative Declaration (IS/MND) Screencheck. However, results of the Floodplain Study found the post-project 100-year water surface to be higher in some locations (particularly in the vicinity of Bridge 2) and that (1) a “no-rise” case could not be certified by FEMA for the project as designed and (2) the freeboard associated with the design of Bridge 2 would be insufficient to meet FEMA freeboard design requirements. At that time the City considered various options to proceed, ultimately deciding to raise the profile of Bridge 2 to address the issue of insufficient freeboard. Additionally, the City determined that construction of Bridge 2 would require use of a large crane that must be placed on the south side of the bridge due to space requirements. Building up the crane (i.e., adding counterweights) will require the use of flat bed trailer trucks to carry and deliver the counter-weights to the south side of the bridge via Windes Drive.

An additional staging area (the Windes Drive round-about/dirt island area) at the entrance to Santiago Oaks Regional Park would be needed/used for construction access and staging (and large truck u- turning). This would potentially require the removal of trees and temporary removal and relocation of the wooden fence, pilasters, street signs, and streetlights at that location. Access to Santiago Oaks Regional Park would be maintained during construction. Conceptual plans/documents were shared 69

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Mr. Nakagawa
October 27, 2023
with Orange County (OC) Parks who provided a series of comments, including some design change requests. As a result, the proposed trail alignment was shortened (resulting in a steeper fill slope) at its eastern-most end in order to protect in place mature oak trees and a decorative stone wall and park entrance sign. Shortening the trail end also required modification to its proposed connection to an existing trail at the entrance of Santiago Oaks Regional Park, resulting in the trail (and fill material) being pushed closer to the creek. Additionally, a slight realignment of an existing foot path/trail would be positioned between Windes Drive and the proposed retaining wall of the fill slope. Furthermore, to avoid encroachment onto private property for the purpose of trail-related water quality treatment/best management practices the City is opting to instead treat runoff of the Mabury Tract to offset the runoff from new impervious areas created by the trail. This would require installation of up to eight Filterra bioretention systems within the City right-of-way for Mabury Avenue, which could locate construction activities closer to some residences.

These changes to the project result in new limits of disturbance (LOD) and construction-related considerations that were not previously considered in the environmental documents and technical studies. Below is a generalized bullet-point list of the updates required to reevaluate the project as a result of the design changes. A more detailed description of the required revisions per task is provided in a Revised Work Plan (Attachment A).

Phase 1 - Completed, No Change

Phase 2 - Required Revisions

 The Project Description (including figures ) will be updated to reflect the new bridge design/trail alignment and construction-related details. AECOM will work with the City to develop the revised project description that will be used to update environmental documents and technical studies.

 The PES will be updated to reflect the revi sed project description and figures, and environmental topic responses within the PES will need to be updated as appropriate.

AECOM will also update the Visual Impact Assessment Questionnaire. Based on Caltrans’ previous review of the PES, it is anticipated that Caltrans is close to approving the PES and will not require major additional technical analyses (such as preparation of a Visual Impact Assessment ) VIA Tech Memo. We also assume they concur with the recommended Categorical Exclusion Determination.

 The Preliminary Water Quality Management Plan and Floodplains Study will be revised to reflect the updated project description, to reflect changes associated with water quality best management practices and to address the new bridge/trail design and LOD-related changes.

Note, the revisions to the Preliminary Water Quality Management Plan will be done at no cost to the City.

 The Air Quality, GHG Emissions, and Energy technical studies will be revised to reflect the updated project description and new LOD.

 The Biological Study (NES-MI) will be revised to reflect the updated project description and new LOD (e.g., updating vegetation mapping, impact acreages, re-evaluation of biological resource databases for occurrences, etc.); additional reconnaissance survey of the changes at the eastern-most end of the proposed trail alignment, especially the new construction staging area requiring tree removal, would be required.

 The Noise/Vibration Analysis will be revised to reflect the updated project description, new LOD, and other construction-related considerations (e.g., transport and building up of and use of crane at south side of Bridge 2, location of water quality best management practices, etc.) for noise-sensitive receptors.

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Mr. Nakagawa
October 27, 2023
 The Section 106 Technical Study will be revised to reflect the updated project description and new LOD; supplemental pedestrian survey of the changes at the eastern-most end of the proposed trail alignment would be required. As discussed in our call on September, the rock wall and park sign located within the APE will require recordation on appropriate Department of Parks and Recreation (DPR) 523 forms.

 The Section 4(f) Evaluation will be revised to reflect the updated project description, new LOD, and construction-related considerations.

 The Wetlands Study (Aquatic Resource Delineation Report) will be revised to reflect the updated project description and new LOD; additional reconnaissance survey of the changes at the eastern-most end of the proposed trail alignment would be required.

 The IS/MND will be updated to reflect the revised project description and figures, and environmental topic responses within the IS/MND will be updated as appropriate.

 Additional coordination time is included herei n for project management of the increased scope of work associated with this proposed amendment. AECOM’s Project Manager Jerry Flores will continue to serve as the main contact with City staff and will also interface with City and AECOM staff on the preparation of deliverables.

Phase 3

Work in this Phase included geotechnical and engineering support for the LOMR and right-of-way engineering (completed), plus submittal of the PES for Caltrans review (2 rounds) and print-check of the IS/MND for 30-day public review (not yet completed). No additional scope required as part of the project redesign. Please note that the PES will be submitted to Caltrans under Phase 2.

Phase 4

This Phase provides for the final IS/MND, final PES, the administrative record, and meetings/PM coordination. No additional scope required as part of the project redesign for the CEQA elements.

However, as requested by the City, AECOM will prepare the Categorical Exclusion Determination Form and Categorical Exclusion Checklist for Caltrans’ review/approval (NEPA compliance). If it is determined by Caltrans that a Categorical Exclusion is not appropriate to satisfy NEPA, then AECOM will need to revisit the scope and budget and revise accordingly. Similar to the current scope related to the Notice of Determination (CEQA requirement), we assume the City will prepare and file the Notice of Exemption(NEPA requirement) for the Categorical Exclusion Determination.

SCHEDULE

AECOM is ready to begin immediately upon execution of the amendment. A revised schedule will be finalized once the project is authorized.

FEE ESTIMATE

AECOM’s estimate to complete the proposed amendment is $47,646.81 as detailed in Attachment B.

It is our understanding that the City can only allocate $43,000.00 for this amendment, which results in a difference of $4,646.81. In the spirit of collaboration and creative solutions, AECOM and the City evaluated the full budget for areas of potential reallocation and agreed that AECOM would be allowed to shift some of the Other Direct Costs (ODCs) such as printing and distribution to offset the difference.

The current fee is $381,800.35 and with this amendment/reallocation ($43,000.00) , the new contract total will be $424,800.35 (summary table below). This fee estimate reflects billing rates unchanged 71

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Mr. Nakagawa
October 27, 2023
from the initial contract authorization, although some staff have been reclassified to more accurately reflect their role/compensation in the intervening years since contract execution.

Current
Authoriza tion
Amendment
Request
Amendment
Approved
Reallocation of
ODCs to Labor
New Contract
Total
AECOM Labor $260,183.05 $46, 146.81 $41,500.00 $4,646.81 $306,329.86 AECOM ODCs $22,467.00 -$4,646.81 $17,820.19
Subconsultant $99,150.30 $1,500. 00 $1,500.00 $100,650.30 $381,800.35 $47,646.81 $43,0 00.00 $424,800.35
Note: Amendment Request of $47,146.81,achieved by additional fee of $43,000 and reallocation of $4,646.81 from ODCs to labor.

CLOSING
We ap
preciate the opportunity to provide our services to the City. Should you have any questions, please feel free to contact Jerry Flores at 714-648-2030 or [email protected].

Re
spectfully submitted,
Jerry
Flores Teri
Fenner
Associate Principal Vice President/Authorized Signatory Attachment A – Revised Work Plan
Attachment B – Cost Estimate
72 Attachment A

73 Revised Work Plan to Address Project Design Changes
To obtain environmental clearance in accordance with CEQA and Caltrans while achieving the City’s goals for this project, AECOM will need to revise some of the technical studies and environmental documents to reflect the new project footprint changes and construction-related considerations. The following discussion outlines our revised technical scope for preparation of all the deliverables by phase.

Project Design Changes
AECOM and the City initiated work on the project in April/May 2021. By Summer 2022 AECOM had completed most Phase 1 through Phase 3 tasks of the project Work Plan, which included completion and submittal of the Draft Preliminary Environmental Study (PES) to Caltrans, completion of all technical studies, and drafting of the Initial Study/Mitigated Negative Declaration (IS/MND) Screencheck. However, results of the Floodplain Study found the post-project 100-year water surface to be higher in some locations (particularly in the vicinity of Bridge 2) and that (1) a “no-rise” case could not be certified by FEMA for the project as designed and (2) the freeboard associated with the design of Bridge 2 would be insufficient to meet FEMA freeboard design requirements. At that time the City considered various options to proceed, ultimately deciding to raise the profile of Bridge 2 to address the issue of insufficient freeboard. Additionally, the City determined that construction of Bridge 2 would require use of a large crane that must be placed on the south side of the bridge due to space requirements. Building up the crane (i.e., adding counter-weights) will require the use of flatbed trailer trucks to carry and deliver the counter- weights to the south side of the bridge via Windes Drive. An additional staging area (the Windes Drive round- about/dirt island area) at the entrance to Santiago Oaks Regional Park would be needed/used for construction access and staging (and large truck u-turning). This would potentially require the removal of trees and temporary removal and relocation of the wooden fence, pilasters, street signs, and streetlights at that location. Access to Santiago Oaks Regional Park would be maintained during construction. Conceptual plans/documents were shared with Orange County (OC) Parks who provided a series of comments, including some design change requests. As a result, the proposed trail alignment was shortened (resulting in a steeper fill slope) at its eastern- most end in order to protect in place mature oak trees and a decorative stone wall and park entrance sign.

Shortening the trail end also required modification to its proposed connection to an existing trail at the entrance of Santiago Oaks Regional Park, resulting in the trail (and fill material) being pushed closer to the creek. Additionally, a slight realignment of an existing foot path/trail would be positioned between Windes Drive and the proposed retaining wall of the fill slope. Furthermore, in order to avoid encroachment onto private property for the purpose of trail-related water quality treatment/best management practices the City is opting to instead treat runoff of the Mabury Tract to offset the runoff from new impervious areas created by the trail. This would require installation of up to eight Filterra bioretention systems within the City right-of-way for Mabury Avenue, which could locate construction activities closer to some residences.

Phase 1
Hydraulic Analysis (No Revisions -Task Complete)
The latest FEMA effective Flood Insurance Study (FIS) for the City of Orange is dated March 21, 2019. This contains results of a study of Santiago Creek by USACE in 1978, which was based on a peak discharge rate of 12,000 cfs. USACE subsequently prepared another hydrology study of Santiago Creek in 1990 that shows a discharge rate of 6,000 cfs. The 2019 update of the FIS and Flood Insurance Rate Maps (FIRMs) do not reflect the revised discharge rate (i.e., 6,000 cfs) in all areas. FEMA issued a Letter of Map Revision (LOMR) in 2003 from Cannon Street (previously Loma Street) to approximately 4,200 feet upstream based on the updated 6,000 74 cfs discharge. Subsequent LOMRs were issued February 22, and March 12, 2021 extending from a point 3,800 feet downstream of Cannon Street Road (near Villa Park Road) to 4,200 feet upstream of Cannon Street (near Yellowstone Boulevard) using 6,000 cfs. The 100-year water surface associated with the subsequent LOMRs was used as a base for determining the hydraulic impact of reducing the 100-year discharge from 12,000 cfs to 6,000 in the remaining upstream portion of Santiago Creek below Villa Park Dam as described in AECOM’s Hydraulic Analysis dated September 20, 2021. The Hydraulic Analysis (2021) did not evaluate the hydraulic impacts of the proposed trail project but was used as a basis of design for the trail for which a “no-rise” certification was originally anticipated.

AECOM submitted an electronic copy of the hydraulic analysis report to the City. This Phase 1 task is considered complete as a base model; updates to the project design will be modeled separately in the Floodplain Study (see further below).

Phase 2
Preliminary Water Quality Management Plan
In accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Orange Local Implementation Plan (LIP), AECOM prepared a Preliminary Water Quality Management Plan (WQMP) dated May 31, 2022. Subsequently, on August 1, 2022, the City provided comments on the WQMP.

The May 31, 2022 Preliminary WQMP attempted to treat project-related runoff and proposed a number of BMPs along the trail alignment; however, due to the linear nature of the trail spanning multiple properties the City noted that most BMPs proposed along the trail would require additional right of way, which would also create operational maintenance access-related issues. As a result, the City has opted to treat runoff of the Mabury Tract by adding Filterra bioretention systems at multiple locations along Maybury Avenue to offset the new impervious areas created by the trail. The May 31, 2022 Preliminary WQMP had proposed Filterra bioretention systems on the southside of Mabury (near Orange Park Blvd), and now the City is proposing to add systems on the northside of Mabury (opposite the previously proposed location) and then at existing catch basins on the west side of Mabury Ave (south and north sides) near Mountain Avenue. It is believed that treating the entire area of the Maybury tract will be sufficient to offset the trail area; additionally, since the proposed BMPs along Mabury would be treating vehicles rather than recreational trail traffic, the case can be made that the City is improving a more severe condition (vehicle-related pollutants).

Thus, the Preliminary WQMP will be revised and re-calculated to reflect BMPs (Filterra bioretention systems) along Mabury only; updated calculations for the alignment changes at the northeast end of the trail will also be needed. AECOM will discuss the updated calculations with the City prior to finalization to determine if the Filterra bioretention systems would be needed at all eight (8) locations (i.e,. 2 systems per side of the street per both catch basin sites on Mabury) or if bioretention could be limited to just the south side of Mabury (further from existing homes), based on the amount and type of pollutant being addressed and how such a case could be presented as part of the WQMP.

Draft Environmental Technical Studies
AECOM will revise the following technical studies for the environmental documents and will submit electronic copies of the draft technical studies to the City for review. We assume one (1) round of review for each technical study. An electronic copy will be submitted.
75 Air Quality, GHG Emissions, and Energy
Terry A. Hayes Associates Inc. (TAHA) will assist AECOM with the revision of the Air Quality, GHG, and Energy Technical Memoranda. These studies will need to be revised to reflect the updated project description and new limits of disturbance(LOD) and may require some updates to discussions and calculations related to sensitive receptor distances and construction equipment.

Biological Study (NES-MI)
In support of the PES and the IS/MND, AECOM will need to update the Natural Environment Study-Minimal Impacts (NES_MI) due to the proposed changes in the impact footprint and temporary work areas. The updated NES-MI will satisfy Caltrans requirements and will be included in the IS/MND. In support of the updated NES-MI for the project, AECOM will reevaluate the California Natural Diversity Database, the California Native Plant Society’s inventory of rare and endangered plants of California, and the USFWS Information for Planning and Consultation online environmental review process to update the list of potentially occurring special-status plant and animal species and other protected natural resources for the new project area. A reconnaissance field survey of the new project footprint will be conducted to document existing biological resources in the vicinity of Bridge 2, including a 300-foot buffer. The previous vegetation communities and wildlife habitats will be re-mapped and a representative plant species list and GIS layers will be recreated for each distinct habitat type. Any avian nests or nesting activity observed will also be documented. This scope does not include formal protocol surveys or permitting for listed federal and/or state plant or wildlife species.

Upon completion of the database review and reconnaissance survey, AECOM will update the NES-MI (update project description, vegetation map, impact tables, potential to occur tables for plants and wildlife, lists of observed plant and wildlife species, and all figures showing project and biological features) using the latest Caltrans format. The NES-MI will describe existing biological resources within the Biological Study Area (BSA) and detail how the project may affect them. We assume two (2) rounds of review from Caltrans.

Noise/Vibration Analysis
TAHA will assist AECOM with the revision of the noise/vibration analysis, which will need to be revised to reflect the updated project description, new LOD, and other construction-related considerations (e.g., transport and building up of and use of crane at south side of Bridge 2, location of water quality best management practices, etc.) for noise-sensitive receptors.

Section 106
AECOM will conduct a supplemental pedestrian survey of the newly added areas of the APE to identify any cultural resources. It is assumed that the rock wall and park sign located within the APE will require recordation on appropriate Department of Parks and Recreation (DPR) 523 forms as well as formal evaluation for inclusion in the California Register of Historical Resources and the National Register of Historic Properties.

We will update the technical memorandum to summarize the results of the current effort as well as the 2021-2022 investigation that included a records search, NAHC Sacred Lands File Search and Native American Contact Program, and pedestrian survey of the original APE. The effects analysis that conformed to the requirements of Section 106 will also be updated, as necessary.

Assumptions:
- No new SCCIC record search, NAHC SLF search, nor additional correspondence for the NA Contact 76 Program will be required
- Survey will be performed by one archaeologist, taking one (1) day to complete - Up to two (2) resources will be recorded on appropriate DPR forms - No significant res ources will be identified within the APE - No Section 106 consultation support is included in this scope and cost - Preparation of Caltrans cultural documents (HPSR, ASR HRER) is not included in this scope and cost - If Caltrans requests and HPSR, ASR, and HRER, a new scope and cost will be required - Up to one (1) virtual meeting is included
Section 4(f) Evaluation
AECOM will update the Section 4(f) Evaluation Memorandum with De Minimis Determination to address the project design changes, including the additional staging area at the entrance to Santiago Oaks Regional and trail alignment changes. This memorandum will also be updated to reflect any relevant updates from the applicable technical analyses (e.g., air quality, noise and vibration, NES-MI, cultural and tribal cultural resources, and wetlands study) related to the indirect effects/constructive use impacts discussion. The updated memorandum will be submitted to the City and Caltrans for review. We assume one (1) round of review from the City and Caltrans.

AECOM will then prepare draft coordination letters to the agencies with jurisdiction over the Section 4(f) resources that may be potentially affected by the project (i.e., City of Orange Community Services Department and OC Parks) for the City’s review and approval. Per Section 4(f) requirements pursuant to Caltrans’ Standard Environmental Reference (SER), Volume 1, Chapter 20 (Section 4[f]), consultation and coordination with the agencies with jurisdiction over the Section 4(f) resources is required, which entails obtaining the agencies’ concurrence with the Section 4(f) resources identified as significant Section 4(f) resources and concurrence with the de minimis impact finding. Written concurrence is required from the agencies with jurisdiction over the Section 4(f) resources in order for the memorandum to be approved by Caltrans (note that Caltrans can still review the memorandum in the meantime while coordination is ongoing). The coordination effort and letters will be summarized and compiled into an appendix of the memorandum. SHPO concurrence on Section 106 consultation will also be provided in an appendix of the memorandum. We assume one (1) round of review from the City regarding the coordination letters. We assume up to 8 hours for coordination and follow-up with the agencies with jurisdiction over the Section 4(f) resources.

Please note that public review of the memorandum is required per Caltrans SER Volume 1, Chapter 20. AECOM assumes the memorandum will be provided as an appendix to the IS/MND and included with the public review of the IS/MND.

Once the agency coordination and public review are completed, the memorandum will be revised, as needed, and provided to the City and Caltrans for review and approval. We assume one (1) round of review.

Assumptions:
- Access to Santiago Oaks Regional Park would be maintained during construction Wetlands Study (Aquatic Resource Delineation Report)
AECOM will update the wetlands study report (Aquatic Resources Technical Report, ARDR) with current regulatory text (per updated Federal regulations). AECOM will conduct a site visit to re-evaluate waters, wetlands, and riparian habitat under and around the vicinity of Bridge 2, including a 300-foot buffer. The previous jurisdictional delineation map will be re-evaluated to make sure there have been no significant 77 changes since the last survey. AECOM does not anticipate the need to do any official wetland delineation soil pits in the area around Bridge 2.

Upon completion of the regulatory setting and site visit, AECOM will update the wetlands study report (update project description, vegetation map, impact tables, lists of observed plant species, and all figures showing project and wetlands features). The wetland study report will include conceptual discussions of wetland functions and values, as well as a conceptual approach to any required mitigation. It should be noted that this scope does not include performing a CRAM evaluation or Mitigation Plan. We assume two (2) rounds of review from Caltrans.

Floodplains Study
The Phase 1 Hydraulic Analysis Report dated September 20, 2021, described above was to form the basis for the floodplain study that would evaluate the trail project impacts. As reflected in the budget for the original Floodplain Study, the analytical steps were anticipated to be straightforward, and the water surface was expected to be significantly lower in the upstream portion as a result of the reduction in discharge from 12,000 to 6,000 cfs.

However, as AECOM and the City became aware throughout the hydraulic and floodplain studies process, this was not the case. For example, AECOM had to adjust cross-sections in FEMA’s model in order to sufficiently define the constricted portion of the canyon in the vicinity of the sharp 90-degree bend, add additional cross- sections to the model, make corrections to the Cannon Street Bridge skew in FEMA’s Effective model, develop a new Pre-Project Condition model, etc.

The 2022 Floodplain Study ultimately concluded that the project would adversely impact base flood elevations associated with the reduced 100-year discharge and a “No-Rise” certification was not possible, therefore a CLOMR rather than LOMR would be necessary. It also indicated that freeboard at the Trail Bridge 2 (the east bridge) was inadequate, and the bridge would have to be raised, but it was thought that this could be accomplished without decreasing the span length or further encroachment into the flood plain. On August 11, 2022, the City indicated the original 100-foot bridge span would be kept rather than increasing to 120 feet, but that an update to the bridge profile would be made to provide the recommended freeboard. A new trail profile was provided by the City on September 8, 2022 and on April 26, 2023, a new trail alignment and profile was provided by the City. The City indicated that this change included shifting the trail north towards the creek and that updating the hydraulic model and BFE due to the trail moving closer into the floodplain would be necessary.

Thus, for this revised scope of work the Floodplain Study will be revised to address impacts associated with the proposed modifications to Trail Bridge 2 at the N. Windes Drive entrance to Santiago Oaks Regional Park, which includes raising the proposed bridge 2.44 feet to provide adequate freeboard above the 100-year flood and moving the bridge approach ramps further into the existing Pre-Project and Post-Project floodplains.

There are unique hydrologic conditions in the vicinity of Bridge 2 such as complex flow [superelevation] around the 90-degree bend in the channel, a drop structure in the channel located just upstream of Bridge 2, the additional encroachment of Bridge 2 itself with the current design, the presence of the decorative stone wall and sign at the entrance to Santiago Oaks Regional Park (that will now remain within the floodplain). It is AECOM’s professional opinion and recommendation that 2D model capabilities of HEC-RAS be used as a check to assure the orientation and location of cross sections in the Effective, Duplicate Effective, Corrected Effective, Pre-Project, and Post Project 1D models accurately account for superelevation, and eddies (or whirlpools) that may form in the overbank areas around the bridge encroachment. This revised work plan and associated cost budget does not include the 2-D modeling but if the City would like to add the 2-D modeling at a later date, we could perform via a budget amendment.
78 PES Draft
AECOM will update the PES to reflect the project description and figure-related changes and to incorporate necessary/applicable revisions to the technical studies discussed herein. AECOM will also update the Visual Impact Assessment Questionnaire. AECOM will provide the City with an electronic copy of the PES Draft for review. We assume one (1) round of review for this task. Following the City’s review and comment on the PES Draft, AECOM will revise and incorporate comments, as appropriate. AECOM will submit the PES for Caltrans’ review. It is anticipated that City staff will assist in obtaining Caltrans’ approval and in resolving comments and questions to streamline this effort. We assume two (2) rounds of review from Caltrans. Please note that this scope assumes that a Visual Impact Assessment (VIA)Technical Memo will not be necessary. If it is determined by Caltrans that a VIA Tech Memo will be needed, AECOM will need to revisit the scope and budget and revise accordingly.

IS/MND Screencheck Draft
AECOM will update the IS/MND Screencheck Draft (in accordance with the CEQA Guidelines and City requirements) to reflect the project description and figure-related changes, to revise environmental topic responses within the IS/MND as appropriate, including incorporation of all necessary revisions to the technical studies discussed herein. Upon completion, AECOM will provide an electronic copy (Microsoft Word) of the IS/MND Screencheck Draft to the City for review. Following review and comment on the IS/MND Screencheck Draft by the City, AECOM will revise and incorporate comments, as appropriate. We assume one (1) round of review for this task.

AB 52 Support
AECOM will assist the City in the preparation of updated Assembly Bill (AB) 52 letters describing Project changes.

The letters will be addressed to individual tribal members but must be submitted by the City. We assume City staff will be sending out letters to tribal members on City letterhead once AECOM prepares the letters. We assume one (1) round of review for this task.

Assumptions:
- City will send AB52 letters to tribes and provide AECOM with a summary of AB 52 consultation efforts for memo update
Phase 3
Submit LOMR for FEMA Review
As discussed under the Floodplain Study discussion above, while a LOMR was anticipated to be the appropriate document, it was not possible based on modelled conditions. Accordingly, AECOM prepared a CLOMR instead with annotated FIRMs and a draft Letter of Notification to Affected Property Owners in June 2022 per City request based on the design at that time. Because of changes to the project design, the application forms and supporting documents will have to be updated based on the currently proposed design revisions and the updated Floodplain Study. However, Construction Drawings should be submitted to FEMA with the CLOMR application on which the “conditions” associated with the CLOMR would be based. Thus, it is assumed that the CLOMR application package will not be submitted to FEMA until Construction Drawings are prepared, which are assumed to be prepared in sufficient detail for FEMA at a date that is later than for the CEQA documentation for this project. As such, this revised work plan assumes AECOM will not prepare or make any changes to CLOMR application forms at this time. 79 IS/MND Public Review Draft, 30-Day Public Review Period, and Review/Response to Comments and Any Resulting Revisions
AECOM will submit the revised Draft IS/MND (Printcheck Draft IS/MND) for a final review to the City prior to circulating the document for public review. AECOM will print ten (10) hard copies and prepare one electronic copy of the Draft IS/MND for distribution (including Appendices). Additionally, AECOM will prepare the required Notice of Completion (NOC) for review and approval by the City. AECOM will use a mailing list provided by the City to distribute the Draft IS/MND as part of the 30-day public review period. The City’s mailing list is anticipated to include other responsible public agencies. The City will prepare and file a Notice of Intent (NOI) with the County Clerk (including filing fees) and distribute the NOI to residents in the project notification radius. AECOM will then file the NOI, NOC, and the Draft IS/MND with the State Clearinghouse. Printing and mailing charges are included in the cost estimate. We assume one (1) round of review for the Printcheck Draft IS/MND. Please note that Other Direct Costs (ODCs) such as printing and distribution totals will be adjusted to help offset the cost difference between the requested amendment amount ($47,646.81) vs the allocated amendment amount ($43,000.00).

We will organize written comments received during the public review period into five categories: Federal, State, Local, Organization, and Individuals. To assist the reader in referencing comments and responses, we will number each specific comment, referring to a statement or paragraph in the corresponding letter. AECOM will review comments received during the Draft IS/MND comment period and respond to those that raise an environmental issue. Based upon our understanding of this project, the level of controversy is considered to be low. The proposed schedule and budget assume receipt of no more than ten (10) comment letters of 1 to 3 pages each.

Phase 4
LOMR
As discussed under Phase 3, the LOMR that was originally intended for the proposed project was not possible and this scope assumes AECOM will not prepare or make any changes to CLOMR application forms at this time. Likewise, because a future LOMR cannot be prepared until the City has coordinated and finalized the CLOMR process with FEMA (throughout project construction), this scope does not include any effort at this time for the eventual LOMR.

Final IS/MND
An Administrative Final IS/MND, Responses to Comments, and MMRP will be prepared in a manner consistent with the City’s process and format requirements. It is assumed that the Administrative Final IS/MND will include an introductory chapter, enumerated list of persons, organizations, and public agencies commenting on the Draft IS/MND, copies of the written comments received on the Draft IS/MND, responses to environmental issues raised in the review process, MMRP, and Errata revisions to the Draft IS/MND based on the responses (as necessary).

An electronic copy of the Administrative Final IS/MND will be submitted to the City for review and approval. It should be noted that AECOM’s cost estimate does not include the receipt of detailed/extensive comments from attorneys or special interest groups. Upon receipt of comments on the Administrative Final IS/MND, AECOM will incorporate the requested revisions into the document and prepare the Final IS/MND. The City will prepare and file the Notice of Determination (including filing fees). AECOM will print thirty-five (35) hard copies and prepare one electronic copy of the Final IS/MND (including Appendices). We assume one (1) round of review for the Final IS/MND. Please note that ODCs such as printing and distribution totals will be adjusted to help offset the cost difference between the requested amendment amount ($47,646.81) vs the allocated amendment amount ($43,000.00).
80 PES
AECOM will submit the Final PES.

CATEGORICAL EXCLUSION
Based on the draft PES submittal to Caltrans, it is anticipated that Caltrans will conclude that a Categorical Exclusion would be appropriate to satisfy NEPA requirements. AECOM will prepare the Categorical Exclusion Determination Form and Categorical Exclusion Checklist for Caltrans’ review/approval. This will satisfy NEPA compliance. However, if Caltrans determines that a Categorical Exclusion is not appropriate to satisfy NEPA, and instead require an Environmental Assessment (EA), then AECOM will need to revisit the scope and budget and revise accordingly. AECOM assumes that the City will prepare and file the Notice of Exemption.

81 Attachment B
82 City of Orange
Santiago Creek Multipurpose Trail Extension ‐ Amendment

Hourly Labor Rates

Project Engineer
Principle in Charge
Senior Biologist Planner
Staff Biologist
Senior Archaeologist
Archaeologist
Environmental Planner
Staff Archaeologist
Technical Editor
GIS Specialist/Graphic Artist
Word Processor
Total Hours
Total Labor
Hourly Rate $180.01 $221.60 $167.97 $104.93 $175.04 $125.00 $130.00 $125.00 $105 $115.00 $85.01 - - Phase 2
Preliminary WQMP 0 $0.00
Air Quality, GHG, and Energy
(Sub Cost Shown Below) 1 2 3 $440.01
Biological Study (NES-MI) 2 10 22 1 8 1 44 $5,458.19 Noise/Vibration
(Sub Cost Shown Below) 1 1 2 $310.01
Section 106 2 28 14 1 4 1 50 $6,250.09
Section 4(f) Evaluation 1 12 13 $1,740.01
Wetlands Study 2 10 20 1 8 1 42 $5,248.33
Floodplains Study 2 75 77 $16,980.02
PES Draft 4 20 24 $3,320.04
IS/MND Screencheck Draft 10 2 4 34 $4,920.10 Categorical Exclusion 1 10 11 $1,480.01
Total 24 75 20 42 2 28 69 14 3 20 3 300 $46,146.81

Subconsultants
Terry A. Hayes Associates Inc. (DBE) $1,500.00
Total $1,500.00

Total Cost
Labor $46,146.81
Printing $0.00
Distribution $0.00
Other Direct Costs $0.00
Subconsultants $1,500.00
Total $47,646.81

83 Agenda Item
City Council
Item #: 3.5. 11/28/2023 File #: 23-0681
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 Community Development Block Grant Fiscal Year 2023-2024 Grand Street Neighborhood Street Rehabilitation, 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 (20%) is $277,339.

3. RECOMMENDED ACTION
Approve plans and specifications; authorize advertising for Bid No. 23-24.17 (SP-4264); and find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 “Existing Facilities” Class 1.

4. FISCAL IMPACT
None.

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

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

6. DISCUSSION AND BACKGROUND
The Federal Community Development Block Grant Program (CDBG) provides grant funds to enable eligible localities to construct public improvements in low and moderate income areas within their jurisdiction. Eligible activities include infrastructure upgrades such as street improvements. The proposed street improvements qualified for CDBG funds and Grand Street from Collins Avenue to Wilson Avenue has been selected for rehabilitation.

The project street was rated 61 in the Citywide Pavement Management Program (out of a maximum score of 100) indicated the need for street rehabilitation. The scope of street rehabilitation includes:
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84 Item #: 3.5. 11/28/2023 File #: 23-0681
adjustments of manholes and water valve covers to grade.

The total project cost estimate is $277,339, including 20% for contingencies and construction engineering. At the time bids are received and actual bid prices are known, staff may request additional appropriations as needed to award the contract.

Construction is scheduled to begin in February 2023 and is expected to be completed within 45 calendar days. Specifications and cost estimates are available for review in the Public Works Department.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 “Existing Facilities” Class 1 because the project involves the repair and maintenance of existing facilities with no expansion of existing use. No public review is required.

8. ATTACHMENTS
· Location Map
City of Orange Printed on 11/20/2023Page 2 of 2
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85 Agenda Item
City Council
Item #: 3.5. 11/28/2023 File #: 23-0681
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

4. FISCAL IMPACT
None.

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

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

The project street was rated 61 in the Citywide Pavement Management Program (out of a maximum score of 100) indicated the need for street rehabilitation. The scope of street rehabilitation includes:
localized removal and replacement of the existing pavement, asphalt concrete overlay, and City of Orange Printed on 11/20/2023Page 1 of 2
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86 Item #: 3.5. 11/28/2023 File #: 23-0681
adjustments of manholes and water valve covers to grade.

Construction is scheduled to begin in February 2023 and is expected to be completed within 45 calendar days. Specifications and cost estimates are available for review in the Public Works Department.

8. ATTACHMENTS
· Location Map
City of Orange Printed on 11/20/2023Page 2 of 2
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87 CDBG FY23-24 Grand Street Neighborhood Street Rehabilitation Location Map 11/17/2023, 8:47:50 AM
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
88 Agenda Item
City Council
Item #: 3.6. 11/28/2023 File #: 23-0745
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 Landscape Renovation at White Oak Ridge between Newport Blvd. and Trails End Ln.; authorization to advertise for bids; and finding of CEQA exemption.

2. SUMMARY
Approval of plans and specifications for Landscape Renovation at White Oak Ridge between Newport Blvd. and Trails End Ln. and authorization to advertise for bids. The total estimated construction cost is $600,000.

3. RECOMMENDED ACTION
Approve plans and specifications; and authorize advertising for Bid No. 23-24.20.

4. FISCAL IMPACT
None.

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.

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

6. DISCUSSION AND BACKGROUND
The Santiago Hills Landscape Assessment District (District) comprises over 32 acres of landscape, lighting and other infrastructure maintained by the City under service contracts. Funds supporting the maintenance of the District landscape and other infrastructure derived from an annual assessment of property owners within the District.

In 2015, property owners in the District approved a ballot measure to increase the landscape assessment to address rising maintenance costs and to gradually make improvements to the thirty- plus year-old landscape and irrigation throughout the District. Renovation work has been prioritized based on community input and annual available funding.

Several renovation projects have been completed within the District since the 2015 assessment increase. The latest project is the White Oak Ridge Landscape Renovation. The goals of the renovation included an overall reduction of turf while maintaining sufficient turf areas for pets and City of Orange Printed on 11/21/2023Page 1 of 2
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89 Item #: 3.6. 11/28/2023 File #: 23-0745
renovation included an overall reduction of turf while maintaining sufficient turf areas for pets and aesthetic continuity, irrigation improvements which meet the State mandate for water efficient landscapes, and removal and replacement of pepper trees with more appropriate tree species where possible.

The total estimated project cost for this project is $600,000 including a 10% construction engineering and contingency. Construction is expected to start in Spring 2024.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 (d) and (h) - Existing Facilities) and Section 15304 (b) because the project involves renovating existing landscaping at White Oak Ridge from Newport Blvd. to Trails End Ln. to comply with current industry sustainable landscape and water efficient irrigation standards. No public review is required.

8. ATTACHMENTS
· None
City of Orange Printed on 11/21/2023Page 2 of 2
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90 Agenda Item
City Council
Item #: 3.6. 11/28/2023 File #: 23-0745
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION
Approve plans and specifications; and authorize advertising for Bid No. 23-24.20.

4. FISCAL IMPACT
None.

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.

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

Several renovation projects have been completed within the District since the 2015 assessment increase. The latest project is the White Oak Ridge Landscape Renovation. The goals of the renovation included an overall reduction of turf while maintaining sufficient turf areas for pets and City of Orange Printed on 11/21/2023Page 1 of 2
powered by Legistar™
91 Item #: 3.6. 11/28/2023 File #: 23-0745
renovation included an overall reduction of turf while maintaining sufficient turf areas for pets and aesthetic continuity, irrigation improvements which meet the State mandate for water efficient landscapes, and removal and replacement of pepper trees with more appropriate tree species where possible.

The total estimated project cost for this project is $600,000 including a 10% construction engineering and contingency. Construction is expected to start in Spring 2024.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301 (Class 1 (d) and (h) - Existing Facilities) and Section 15304 (b) because the project involves renovating existing landscaping at White Oak Ridge from Newport Blvd. to Trails End Ln. to comply with current industry sustainable landscape and water efficient irrigation standards. No public review is required.

8. ATTACHMENTS
· None
City of Orange Printed on 11/21/2023Page 2 of 2
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92 Agenda Item
City Council
Item #: 3.7. 11/28/2023 File #: 23-0780
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 LCR Earthwork & Engineering, Corp. for Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.11.

2. SUMMARY
Bids for Annual Concrete Replacement at Various Locations (Bid No. 23-24.11, SP-4268), Fiscal Year 2023-2024 were received and opened on November 9, 2023. Eight bidders responded to the notice inviting bids. The apparent low bidder is LCR Earthwork & Engineering, Corp. of Jurupa Valley, California in the amount of $1,322,400.

3. RECOMMENDED ACTION
Approve contract with LCR Earthwork & Engineering, Corp. in the amount of $1,454,640, representing an original amount of $1,322,400 plus a 10% contingency of $132,240 for Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this contract is $1,454,640 and will be funded through:

Pavement Management Program (13120), Streetlight Pole Replacement Program (20374), Landscape Maintenance - City Property (00000), and Contractual Services (Labor & Maintenance) (00000).
263.5011.56330.13120 Measure M2 $1,038,640
287.5011.56330.13120 Citywide TSIP 200,000
500.5011.56100.20374 Capital Improvements 66,000
263.5021.51431.00000 Measure M2 10,638
263.5021.51700.00000 Measure M2 139,362
Total: $1,454,640

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
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93 Item #: 3.7. 11/28/2023 File #: 23-0780
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The City Council previously approved advertisement for bids on September 26, 2023. The bid solicitation was advertised on October 5, 2023, for a period of five weeks. The bids were opened on November 9, 2023. Eight bidders responded as follows:

1. LCR Earthwork & Engineering, Corp., Jurupa Valley, CA $1,322,400

2. CJ Concrete Construction Inc., Santa Fe Springs, CA $1,323,600

3. Towo Enterprise Inc., Fullerton, CA $1,345,280

4. Addison-Miller Inc., Orange, CA $1,632,045

5. Onyx Paving Company, Inc., Anaheim, CA $1,696,000

6. Gentry General Engineering, Inc., Rancho Cucamonga, CA $1,852,158

7. CT&T Concrete Paving Inc., Pomona, CA $2,231,300

8. Hardy & Harper, Inc., Lake Forest, CA $2,475,000
The low bid is about 8% lower than the Engineer’s Estimate for the project. Staff checked the references and qualifications for LCR Earthwork & Engineering Corp. and found them to be acceptable, with adequate years of experience in complete contracts of a similar nature to this project. Therefore, staff recommends that LCR Earthwork & Engineering Corp. be awarded the contract in the amount of $1,454,640, representing an original amount of $1,322,400 plus a 10% contingency of $132,240 for Annual Concrete Replacement at Various Locations, Fiscal Year 2023- 2024.

The project will replace all the needed concrete improvements such as sidewalks, ADA ramps, curbs, and gutters in preparation for the annual pavement rehabilitation work to follow and to address repairs identified by Public Works Field Services Division. Also, this project will include the continued removal and replacement of existing brick sidewalk with concrete sidewalk on the north side of Chapman Avenue from Olive Street to the Plaza Square and the replacement of six existing steel streetlight poles with new concrete streetlight poles at various locations. Construction is expected to begin in January 2024 and is expected to be completed within 90 calendar days.

7. ATTACHMENTS
· Contract with LCR Earthwork & Engineering, Corp.
· Location Maps
· Bid Abstract
City of Orange Printed on 11/21/2023Page 2 of 2
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94 Agenda Item
City Council
Item #: 3.7. 11/28/2023 File #: 23-0780
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 LCR Earthwork & Engineering, Corp. for Annual Concrete Replacement at Various Locations, Fiscal Year 2023-2024; Bid No. 23-24.11.

4. FISCAL IMPACT
The total expenditure for this contract is $1,454,640 and will be funded through:

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
City of Orange Printed on 11/21/2023Page 1 of 2
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95 Item #: 3.7. 11/28/2023 File #: 23-0780
b: Provide facilities and services to meet customer expectations.

1. LCR Earthwork & Engineering, Corp., Jurupa Valley, CA $1,322,400

2. CJ Concrete Construction Inc., Santa Fe Springs, CA $1,323,600

3. Towo Enterprise Inc., Fullerton, CA $1,345,280

4. Addison-Miller Inc., Orange, CA $1,632,045

5. Onyx Paving Company, Inc., Anaheim, CA $1,696,000

6. Gentry General Engineering, Inc., Rancho Cucamonga, CA $1,852,158

7. CT&T Concrete Paving Inc., Pomona, CA $2,231,300

7. ATTACHMENTS
· Contract with LCR Earthwork & Engineering, Corp.
· Location Maps
· Bid Abstract
City of Orange Printed on 11/21/2023Page 2 of 2
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96 CONTRACT
[Annual Concrete Replacement at Various Locations Fiscal Year 2023-2024 (Bid No. 23-24.11)]

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 LCR EARTHWORK & ENGINEERING , CORP, a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed

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

(1) The Construction Plans for Annual Concrete Replacement at Various Locations Fiscal Year 2023 -2024 (Drawing SP-4268) approved by the “Engineer” (as defined herein below) on October 5, 2023, and consisting of sheets numbered 1 through 13, 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 97 2
specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the “Plans and Specifications.”

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

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

e. Unless and until otherwise notified in writing by City’s Public Works Director, City’s 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 coordi nate 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 98 3
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 ONE MILLION TWO HUNDRED EIGHTY-TWO THOUSAND FOUR HUNDRED DOLLARS and 00/100 ($1,282,400.00) unless said amount is amended by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below ; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them.

Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.

b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of ONE HUNDRED TWENTY- EIGHT THOUSAND TWO HUNDRED FORTY DOLLARS and 00/100 ($128,240.00) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services.

c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE MILLION FOUR HUNDRED TEN THOUSAND SIX HUNDRED FORTY DOLLARS and 00/100 ($1,410,640.00).

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. 99 4

ARTICLE 5
Guarantees

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

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any 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 Public Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City.

ARTICLE 6
Water Quality

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

ARTICLE 7
Independent Contractor; Contractor not Agent

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

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

ARTICLE 8
Public Work; Prevailing Wage

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

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

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed 101
6 and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions.

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

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with 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 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. 102
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

ARTICLE 10
Conflicts of Interest

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

ARTICLE 11
Indemnity

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

a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any acc ident, 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 direc tly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract.

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

ARTICLE 12
Insurance

a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder and the results of that Work by Contractor, its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract.
103
8 b. Contractor shall maintain the following minimum amount of insurance: the greater of either the limits set forth in (1) through (4), below; or all of the insurance coverage and/or limits carried by or available to Contractor.

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

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

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

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

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

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

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

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

104
9 (2) For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it.

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

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

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

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

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 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 105
10 this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

ARTICLE 14
Maintenance and Inspection of Records

In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the “records”) pertaining to the 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.

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.
106
11 d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs 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 in writing. Notices shall be deemed received upon receipt of same or within three (3) days of 107
12 deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

“CONTRACTOR” “CITY”

LCR Earthwork & Engineering, Corp City of Orange
4791 Mt. Rainier St. 300 E. Chapman Avenue
Jurupa Valley, CA 92509 Orange, CA 92866-1591

Attn: Jennifer Mendoza Attn: Eric Perez

Telephone: 951-934-3231 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, 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] 108
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”

LCR EARTHWORK & ENGINEERING, CORP,
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:

√

109

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

Section 1771. Payment of general prevailing rate

Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general pre vailing 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. 111

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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) 112

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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. 113

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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 115

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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. 116

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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. 117

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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 118

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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 119

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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 121

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.
122

Attachment No. 2

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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. 123

Attachment No. 2

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying 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. 124

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on 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. 125
Annual Concrete FY23-24: Location Map 1
9/21/2023, 11:18:53 AM
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
126
Annual Concrete FY23-24: Location Map 2
9/21/2023, 11:20:41 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
127
Annual Concrete FY23-24: Location Map 3
9/21/2023, 11:22:55 AM
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
128
Annual Concrete FY23-24: Location Map 4
9/21/2023, 2:47:50 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
129
Annual Concrete FY23-24: Location Map 5
9/22/2023, 8:09:01 AM
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
130
Annual Concrete FY23-24: Location Map 6
9/22/2023, 8:08:18 AM
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
131
Annual Concrete FY23-24: Location Map 7
9/22/2023, 8:07:22 AM
0 0.2 0.40.1 mi
0 0.35 0.70.175 km
1:9,028
City of Anaheim, Esri, HERE | City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., Intermap, USGS, EPA | City of Orange - Engineering Design
µ
132
Annual Concrete FY23-24: Location Map 8
9/21/2023, 2:49:47 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
133
Annual Concrete FY23-24: Location Map 9
9/22/2023, 10:11:07 AM
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
134
Annual Concrete FY23-24: Location Map 10
9/22/2023, 9:23:47 AM
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
135
Annual Concrete FY23-24: Location Map 11
10/23/2023, 8:15:52 AM
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
136
Annual Concrete FY23-24: Location Map 12
10/23/2023, 8:12:41 AM
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
137
Annual Concrete FY23-24: Location Map 13
11/6/2023, 2:32:25 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
138
Annual Concrete FY23-24: Location Map 14
11/6/2023, 2:33:50 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
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1 2 3 4 5 6
Bid No. 23-24.11; Project No. SP-4268
Date of Bid Opening: 11/9/2023
Tel. No. (951) 934-3231 Tel. No. (562) 777-2222 Tel. No. (714) 770-0379 Tel. No. (310) 663-1683 Tel. No. (714) 632-6699 Tel. No. (909) 330-1128 NO. DESCRIPTION OF WORK QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT

PAVEMENT IMPROVEMENTS
1 Horizontally Sawcut 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')
68 EA 7,000.00$ $476,000.00 $7,000.00 $476,000.00 $6,500.00 $442,000.00 $6,500.00 $442,000.00 $7,600.00 $516,800.00 $9,250.00 $629,000.00 $9,900.00 $673,200.00 2 Install Detectable Warning Surface
(Truncated Dome 4' X 3') per City Std.

Plan No. 121 on existing curb ramp 9 EA 1,250.00$ $11,250.00 $700.00 $6,300.00 $1,000.00 $9,000.00 $1,500.00 $13,500.00 $525.00 $4,725.00 $2,100.00 $18,900.00 $1,200.00 $10,800.00 3 Remove Existing and Construct Concrete
Cross Gutter and Spandrel per City Std.

Plan No. 119
5,800 SF 40.00$ $232,000.00 $27.00 $156,600.00 $30.00 $174,000.00 $32.00 $185,600.00 $42.00 $243,600.00 $37.00 $214,600.00 $44.80 $259,840.00 4 Remove And Construct Concrete
Driveway Per City Std. Plan No. 114, 115,
And 116a
1,300 SF 30.00$ $39,000.00 $35.00 $45,500.00 $15.00 $19,500.00 $25.00 $32,500.00 $25.00 $32,500.00 $27.00 $35,100.00 $42.50 $55,250.00 5 Sawcut & Remove Existing and Construct
Residential Concrete Curb and Gutter,
Type A per City Std. Plan No. 117 (8" or
Match Existing Curb Height)
2,700 LF 80.00 $ $216,000.00 $75.00 $202,500.00 $80.00 $216,000.00 $75.00 $202,500.00 $90.00 $243,000.00 $105.00 $283,500.00 $144.00 $388,800.00 6 Remove Existing and Construct
Residential Concrete Sidewalk per City
Std. Plan No. 118 & 120
10,200 SF 20.00 $ $204,000.00 $13.00 $132,600.00 $12.00 $122,400.00 $17.00 $173,400.00 $18.00 $183,600.00 $22.00 $224,400.00 $16.30 $166,260.00 7 Sawcut & Remove Existing and Construct
Arterial Concrete Curb and Gutter, Type
A per City Std. Plan No. 117 (8" or Match
Existing Curb Height)
500 LF 120.00$ $60,000.00 $75.00 $37,500.00 $90.00 $45,000.00 $85.00 $42,500.00 $125.00 $62,500.00 $114.00 $57,000.00 $149.00 $74,500.00 8 Remove Existing and Construct Arterial
Concrete Sidewalk per City Std. Plan No.
118 & 120
2,000 SF 22.00$ $44,000.00 $13.00 $26,000.00 $15.00 $30,000.00 $20.00 $40,000.00 $18.00 $36,000.00 $27.00 $54,000.00 $19.80 $39,600.00 9 Remove Sidewalk, Horizontally Sawcut
Existing Driveway Curb, and Construct
Residential Concrete Sidewalk per City
Std. Plan No. 118 & 120
240 SF 25.00$ $6,000.00 $35.00 $8,400.00 $30.00 $7,200.00 $22.00 $5,280.00 $18.00 $4,320.00 $30.00 $7,200.00 $26.70 $6,408.00 10 Tree and Stump Removal (D) 8 EA 5,000.00$ $40,000.00 $2,500.00 $20,000.00 $3,000.00 $24,000.00 $4,500.00 $36,000.00 $2,500.00 $20,000.00 $3,700.00 $29,600.00 $4,200.00 $33,600.00 11 Plaza Brick Replacement at Chapman
Ave. from Olive St. to Plaza Sq. per Plan
Sheet 2
1 LS 40,000.00$ $40,000.00 $95,000.00 $95,000.00 $91,500.00 $91,500.00 $65,000.00 $65,000.00 $90,000.00 $90,000.00 $27,700.00 $27,700.00 $48,700.00 $48,700.00 12 Plant 48" Box Laurus Nobilis 'Saratoga'
Tree per Plan and specifications 2 EA 1,200.00$ $2,400.00 $5,000.00 $10,000.00 $4,500.00 $9,000.00 $5,000.00 $10,000.00 $5,000.00 $10,000.00 $8,000.00 $16,000.00 $8,500.00 $17,000.00 13 Remove and Dispose Existing Steel
Streetlight Pole and Foundation, Install
New Contrete Pole, foundation, and
Concrete Pullbox (Concrete Pole to be
Provided by City); Salvage Existing LED
Fixtures and Re-connect to New
Concrete Pole
6 EA 10,000.00$ $60,000.00 $11,000.00 $66,000.00 $11,500.00 $69,000.00 $12,000.00 $72,000.00 $20,000.00 $120,000.00 $11,000.00 $66,000.00 $10,200.00 $61,200.00 14 Construct Curb, Gutter, and Full Depth
Asphalt, on Palmyra Ave. Near 2005 W
Palmyra Ave per Plan Sheet 10 (D) 1 LS 10,000.00$ $10,000.00 $40,000.00 $40,000.00 $65,000.00 $65,000.00 $25,000.00 $25,000.00 $65,000.00 $65,000.00 $33,000.00 $33,000.00 $17,000.00 $17,000.00 $1,440,650.00 $1,322,400.00 $1,323,600.00 $1,345,280.00 $1,632,045.00 $1,696,000.00 $1,852,158.00 Addison-Miller Inc.

Orange, CA
Onyx Paving Company, Inc.

City of Orange: Summary of Bid Abstracts for:

Santa Fe Springs, CA Fullerton, CA
Grand Total

ENGINEER'S ESTIMATE
Annual Concrete Replacement at Various Locations
FY 2023-2024
LCR Earthwork &
Engineering, Corp. CJ Concrete Construction Inc.Towo Enterprise Inc.

Jurupa Valley, CA Anaheim, CA
Gentry General Engineering,
Inc.

Rancho Cucamonga, CA

Page 1 of 2 ends

Bid No. 23-24.11; Project No. SP-4268
Date of Bid Opening: 11/9/2023
NO. DESCRIPTION OF WORK QUANTITY

Plan No. 121 on existing curb ramp 9 EA
3 Remove Existing and Construct Concrete
Cross Gutter and Spandrel per City Std.

Plan No. 119
5,800 SF
4 Remove And Construct Concrete
Driveway Per City Std. Plan No. 114, 115,
And 116a
1,300 SF
5 Sawcut & Remove Existing and Construct
Residential Concrete Curb and Gutter,
Type A per City Std. Plan No. 117 (8" or
Match Existing Curb Height)
2,700 LF
6 Remove Existing and Construct
Residential Concrete Sidewalk per City
Std. Plan No. 118 & 120
10,200 SF
7 Sawcut & Remove Existing and Construct
Arterial Concrete Curb and Gutter, Type
A per City Std. Plan No. 117 (8" or Match
Existing Curb Height)
500 LF
8 Remove Existing and Construct Arterial
Concrete Sidewalk per City Std. Plan No.
118 & 120
2,000 SF
9 Remove Sidewalk, Horizontally Sawcut
Existing Driveway Curb, and Construct
Residential Concrete Sidewalk per City
Std. Plan No. 118 & 120
240 SF
10 Tree and Stump Removal (D) 8 EA
11 Plaza Brick Replacement at Chapman
Ave. from Olive St. to Plaza Sq. per Plan
Sheet 2
1 LS
12 Plant 48" Box Laurus Nobilis 'Saratoga'
Tree per Plan and specifications 2 EA
13 Remove and Dispose Existing Steel
Streetlight Pole and Foundation, Install
New Contrete Pole, foundation, and
Concrete Pullbox (Concrete Pole to be
Provided by City); Salvage Existing LED
Fixtures and Re-connect to New
Concrete Pole
6 EA
14 Construct Curb, Gutter, and Full Depth
Asphalt, on Palmyra Ave. Near 2005 W
Palmyra Ave per Plan Sheet 10 (D) 1 LS
City of Orange: Summary of Bid Abstracts for:

Grand Total
Annual Concrete Replacement at Various Locations
FY 2023-2024 7 8
Tel. No. (909) 629-8000 Tel. No. (714) 444-1851

UNIT PRICE AMOUNT UNIT PRICE AMOUNT
$14,500.00 $986,000.00 $13,300.00 $904,400.00
$700.00 $6,300.00 $3,800.00 $34,200.00
$48.00 $278,400.00 $65.00 $377,000.00
$35.00 $45,500.00 $45.00 $58,500.00
$110.00 $297,000.00 $165.00 $445,500.00
$33.50 $341,700.00 $24.00 $244,800.00
$98.00 $49,000.00 $165.00 $82,500.00
$30.00 $60,000.00 $24.00 $48,000.00
$30.00 $7,200.00 $35.00 $8,400.00
$2,015.00 $16,120.00 $3,500.00 $28,000.00
$25,000.00 $25,000.00 $145,000.00 $145,000.00
$5,180.00 $10,360.00 $4,350.00 $8,700.00
$13,120.00 $78,720.00 $10,000.00 $60,000.00
$30,000.00 $30,000.00 $30,000.00 $30,000.00
$2,231,300.00 $2,475,000.00
CT&T Concrete Paving Inc.Hardy & Harper, Inc.

Pomona, CA Lake Forest, CA

Page 2 of 2 ends

Agenda Item
City Council
Item #: 3.8. 11/28/2023 File #: 23-0747
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Third Amendment to Contract with Diversified Thermal Services, Inc. for preventive maintenance of heating, ventilation, and air conditioning equipment at various City facilities.

2. SUMMARY
The City has a contract with Diversified Thermal Services, Inc. to provide mechanical services and preventive maintenance for ventilation and air conditioning equipment in various city buildings. The contract is limited to $310,063, which will soon be exhausted due to required preventative maintenance and emergency repairs. To address this, a Third Amendment has been proposed to increase the contract amount by $159,000, bringing the total to $469,063. (Bid No. 189-19; SP-4076)

3. RECOMMENDED ACTION
Approve the Third Amendment with Diversified Thermal Services, Inc. in the amount of $159,000 for preventive maintenance for heating, ventilation, and air conditioning equipment at various city facilities; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this amendment is $159,000 and will be funded through General Fund (100) and Major Building Improvements (725).
100.5028.51700.0000-Contractual Services $30,000
500.5028.56020.19809 Building Improvements $70,000
100.7022.51401.0000 - Repairs to Building and Fixed Equipment $59,000 Total: $159,000

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

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

6. DISCUSSION AND BACKGROUND
Since February 2019, the City has had a preventative maintenance contract with Diversified Thermal City of Orange Printed on 11/21/2023Page 1 of 2
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Item #: 3.8. 11/28/2023 File #: 23-0747
Since February 2019, the City has had a preventative maintenance contract with Diversified Thermal Services, Inc. (Diversified) for the heating, ventilation, and air conditioning (HVAC) systems at various facilities, including park facilities, as well as emergency repairs, if needed. Since the infrastructure and equipment are high usage and aging, Diversified has made several repairs under the contract to preserve the life of the equipment. In June 2022, the City Council approved a final contract extension through June 30, 2024. Since then, in addition to providing regular maintenance needs, Diversified has performed emergency repairs totaling $159,000 as highlighted below:
· Over 25 service repair call-outs for inoperable units at various sites, costing approximately $30,000.
· Installation of three additional 3-ton HVAC mini-split systems at the Police Department computer server room and dispatch area for $70,000.
· 12 service requests were made, including leak detection, troubleshooting, and repairing faulty units at El Camino Real, Grijalva, Killefer, Steve Ambriz, Santa Fe Train Depot, and the Senior Center. The estimated cost for the continued repair and maintenance of park facilities is approximately $59,000.

As these repairs are above and beyond regular maintenance, staff recommends approval of a Third Amendment to the contract, increasing the contract by $159,000 for a total amount not to exceed $469,063. This will allow the City to continue services for city-wide HVAC system maintenance through June 2024.

7. ATTACHMENTS
· Third Amendment
City of Orange Printed on 11/21/2023Page 2 of 2
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143
Agenda Item
City Council
Item #: 3.8. 11/28/2023 File #: 23-0747
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Third Amendment to Contract with Diversified Thermal Services, Inc. for preventive maintenance of heating, ventilation, and air conditioning equipment at various City facilities.

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

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

6. DISCUSSION AND BACKGROUND
Since February 2019, the City has had a preventative maintenance contract with Diversified Thermal City of Orange Printed on 11/21/2023Page 1 of 2
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Item #: 3.8. 11/28/2023 File #: 23-0747
Since February 2019, the City has had a preventative maintenance contract with Diversified Thermal Services, Inc. (Diversified) for the heating, ventilation, and air conditioning (HVAC) systems at various facilities, including park facilities, as well as emergency repairs, if needed. Since the infrastructure and equipment are high usage and aging, Diversified has made several repairs under the contract to preserve the life of the equipment. In June 2022, the City Council approved a final contract extension through June 30, 2024. Since then, in addition to providing regular maintenance needs, Diversified has performed emergency repairs totaling $159,000 as highlighted below:
· Over 25 service repair call-outs for inoperable units at various sites, costing approximately $30,000.
· Installation of three additional 3-ton HVAC mini-split systems at the Police Department computer server room and dispatch area for $70,000.
· 12 service requests were made, including leak detection, troubleshooting, and repairing faulty units at El Camino Real, Grijalva, Killefer, Steve Ambriz, Santa Fe Train Depot, and the Senior Center. The estimated cost for the continued repair and maintenance of park facilities is approximately $59,000.

7. ATTACHMENTS
· Third Amendment
City of Orange Printed on 11/21/2023Page 2 of 2
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THIRD AMENDMENT
TO

CONTRACT
[Mechanical Services and Preventive Maintenance for HVAC Equipment (Informal Bid No. 189-19; SP4076)]

THIS THIRD AMENDMENT TO CONTRACT (the “Third Amendment”) is made and entered into as of ___ ______________, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and DIVERSIFIED THERMAL SERVICES, INC., a California corporation (“Contractor”), with reference to the following.

A. City and Contractor entered into a Contract (Agreement No. AGR-6497.A) dated February 12, 2019, which is incorporated herein by this reference (the “Original Contract”); and

B. City and Contractor amended the Original Contract to increase the compensation by a First Amendment to Contract (Agreement No. AGR-6497.A.1) dated November 9, 2021 , which is incorporated herein by this reference (“First Amendment”); and

C. City and Contractor amended the Original Contract to exercise the extension and amend the amount to include a 15% contingency by a Second Amendment to Contract (Agreement No. AGR-6497.A.2) dated June 14, 2022, which is incorporated herein by this reference (“Second Amendment”); and

D. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Contract to increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

Section 3. Compensation. Article II of the Original Contract is hereby amended to increase the total not-to-exceed compensation for the services to be rendered by ONE HUNDRED FIFTY-NINE THOUSAND DOLLARS and 00/100 ($159,000.00) and the paragraph identi fied by a bullet point in Article II is hereby amended in its entirety to read as follows:

“Extension Term (the “Extension” ) commencing on July 1, 2022 and terminating on June 30, 2024, in an amount not to exceed FOUR HUNDRED SIXTY NINE THOUSAND SIXTY THREE DOLLARS and 00/100
($469,063.00).

146
2 Section 5. Integration. This Third Amendment amends, as set forth herein, the Original Contract and, except as specifically amended hereby, the Original Contract shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Original Contract, the terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties.

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

“CONTRACTOR” “CITY”

DIVERSIFIED THERMAL SERVICES, INC., CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Melissa M. Crosthwaite
Senior Assistant City Attorney

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

√
147
Agenda Item
City Council
Item #: 3.9. 11/28/2023 File #: 23-0778
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Adoption of Resolution No. 11501 authorizing the City Manager and City Attorney to perform claims procedures and functions under the California Government Claims Act and amending Resolution No. 8966 to increase settlement authority amounts for designated employees.

2. SUMMARY
The proposed Resolution would authorize the City Manager and City Attorney to perform “Administrative Functions” under the Government Claims Act, such as rejection of claims, and increase settlement authority amounts for designated employees but in an amount not to exceed $50,000. Settlement of civil liability claims in an amount in excess of $50,000 would require City Council approval.

3. RECOMMENDED ACTION
Adopt Resolution No. 11501. A Resolution of the City Council of the City of Orange adopted pursuant to Government Code Section 935.4 of the California Government Claims Act (“Act”)authorizing the City Manager and City Attorney to perform administrative functions under the Act and amending Resolution No. 8966 to increase the settlement authority amounts for designated employees for settlement of civil liability claims against the City.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Providing Outstanding Public Service
a) Obtain, implement, and evaluate public input into our services and programs.

6. DISCUSSION AND BACKGROUND
The California Government Claims Act (“Act”)requires, in part, that claims for money or damages be presented to the public entity to determine whether to accept or reject a claim. At this time, all claims recommended for denial (rejection) by staff are presented to the City Council for formal action at an open and noticed public meeting.

Government Code Section 935.4 provides that a local public entity such as a City Council, by ordinance or resolution, may authorize an employee of the local public entity to perform administrative functions under the Act and, further, resolve claims against the local public entity not in City of Orange Printed on 11/21/2023Page 1 of 2
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administrative functions under the Act and, further, resolve claims against the local public entity not in excess of $50,000. Resolution No. 8966, adopted on June 23,1998, created a Claims Settlement Committee composed of City employees and established settlement authority amounts for designated employees. Administrative Regulation 1.3 thereafter memorialized the amounts delineated in Resolution No. 8966. Specifically, it provided settlement authority ranges, including ranges not in excess of $2,000, not in excess of $5,000, not in excess of $15,000 and not in excess of $30,000, with the authority to settle in amounts in excess of $30,000 remaining with the City Council.

At the October 24, 2023, regular City Council meeting, the City Council directed the City Attorney to consider removing claim denials from City Council consideration, as the action is an inefficient use of staff and Council time and prevents the City Council from focusing on other matters of City business.

The proposed Resolution, in delegating administrative functions under the Act, as defined, accomplishes this directive.

In addition, it is staff’s opinion that the ranges, and upper limit, of settlement authority, already delegated to designated employees by Resolution No. 8966, should be amended in order to reflect the more realistic costs of settlement of civil claims, mirror the City Manager’s current contract authority amount ($30,000) and reflect the amount contained in Government Code Section 935.4 as the upper limit of settlement authority ($50,000).

The proposed Resolution recommends the following ranges (or “ApprovedLevels”as designated by the Resolution):

Risk Manager, with concurrence of the City
Attorney
Up to $5,000
City Attorney $5,001 to $15,000
City Manager, with concurrence of the City
Attorney
$15,001 to $30,000
Claims Settlement Committee $30,001 to $50,000
City Council Over $50,000
The proposed Resolution also provides that that the City Attorney and/or City Manager can present any claim to the City Council for denial or settlement, should they determine, in their sole and absolute discretion, that a claim is best and more appropriately acted upon by the City Council rather than staff.

7. ATTACHMENTS
· Resolution No. 11501
City of Orange Printed on 11/21/2023Page 2 of 2
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149
Agenda Item
City Council
Item #: 3.9. 11/28/2023 File #: 23-0778
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Providing Outstanding Public Service
a) Obtain, implement, and evaluate public input into our services and programs.

Government Code Section 935.4 provides that a local public entity such as a City Council, by ordinance or resolution, may authorize an employee of the local public entity to perform administrative functions under the Act and, further, resolve claims against the local public entity not in City of Orange Printed on 11/21/2023Page 1 of 2
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administrative functions under the Act and, further, resolve claims against the local public entity not in excess of $50,000. Resolution No. 8966, adopted on June 23,1998, created a Claims Settlement Committee composed of City employees and established settlement authority amounts for designated employees. Administrative Regulation 1.3 thereafter memorialized the amounts delineated in Resolution No. 8966. Specifically, it provided settlement authority ranges, including ranges not in excess of $2,000, not in excess of $5,000, not in excess of $15,000 and not in excess of $30,000, with the authority to settle in amounts in excess of $30,000 remaining with the City Council.

The proposed Resolution, in delegating administrative functions under the Act, as defined, accomplishes this directive.

The proposed Resolution recommends the following ranges (or “ApprovedLevels”as designated by the Resolution):

7. ATTACHMENTS
· Resolution No. 11501
City of Orange Printed on 11/21/2023Page 2 of 2
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RESOLUTION NO. 11501

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ADOPTED PURSUANT
TO GOVERNMENT CODE SECTION 935.4 OF

THE CALIFORNIA GOVERNMENT CLAIMS
ACT (“ACT”) AUTHORIZING THE CITY

MANAGER AND CITY ATTORNEY TO

PERFORM ADMINISTRATIVE FUNCTIONS

UNDER THE ACT AND AMENDING
RESOLUTION NO. 8966 TO INCREASE THE

SETTLEMENT AUTHORITY AMOUNTS FOR

DESIGNATED EMPLOYEES FOR SETLEMENT

OF CIVIL LIABILITY CLAIMS AGAINST THE
CITY

WHEREAS, the California Government Claims Act, contained at California Government Code Section 810, et seq. (“Act”), requires, in part, that claims for money or damages be presented to the public entity to determine whether to accept or reject a claim; and

WHEREAS, Government Code Section 935.4 provides authority for a local public entity to authorize, by ordinance or resolution, an employee of that local public entity to perform claims procedures and functions required by the Act on behalf of the City; and

WHEREAS, those procedures and functions under the Act include, but are not limited to, the authority to reject, return as insufficient, or return as untimely, any claims against the City, or to otherwise make determinations concerning claims against the City, and to provide any notices authorized under those statutes on behalf of the City (“Administrative Functions”); and

WHEREAS, it is the City’s practice and policy that, after review, investigation and formulation of a recommendation by the designated employee, claims made under the Act are included on the agendas of regular City Council meetings and presented to the City Council for their formal “denial” (i.e., rejection); and

WHEREAS, Government Code Section 935.4 further provides that a local public entity, also by ordinance or resolution, may authorize an employee of the local public entity to resolve a claim against the local public entity; and

WHEREAS, specifically regarding settlement of claims, Government Code Section 935.4 authorizes a public employee of a general law city to allow, compromise, or settle a claim against the City for an amount not in excess of $50,000; and

WHEREAS, pursuant to Government Code Section 935.2 and 935.4, on June 23, 1998, the City Council adopted Resolution No. 8966, estab lishing guidelines pertaining to the administration, investigation, allowance, compromise, and settlement of civil liability claims; and 152
2 WHEREAS, Resolution No. 8966 provided settlement authority to the Risk Manager, City Attorney, City Manager (and, as thereafter referenced in this Resolution, along with Finance Director, to also include their designees) for claims not covered by an insurance carrier , and also formally created , and provided authority to, a Claims Settlement Committee, which is to be composed of the City Attorney, City Manager , Finance Director, Risk Manager and another employee of the Department to which the claim is made; and

WHEREAS, Resolution No. 8966 was thereafter memorialized in Administrative Regulation 1.3, providing , generally, settlement authority to the Risk Manager for property damage claims up to and including $2,000, the City Attorney for personal injury and property damage claims up to and including $5,000, the City Attorney and City Manager for personal injury and property damage up to and including $15,000 and the Claims Settlement Committee for all civil liability claims up to and including $30,000, with all civil liability claims above $30,000 requiring City Council approval (“Approved Levels”);

WHEREAS, since 2004, there have been no changes made to Administrative Regulation No. 1.3 regarding settlement of claims against the City although Government Code Section 935.4 authorizes settlement by an employee of the local public entity up to and including $50,000; and

WHEREAS, consideration by the City Council of each and every claim or action against the City, including Administrative Functions, can be inefficient and prevent the City Council from focusing on other matters of City business; and

WHEREAS, the City Council of the City of Orange hereby desires to: (1) delegate authority to the City Manager and City Attorney to perform A dministrative Functions, thereby alleviating the necessity of placing certain matters before the City Council for action ; and to (2) increase the amounts delineated in the Approved Levels contained in Resolution No. 8966 and Administrative Regulation 1.3 to allow, compromise or settle claims in specified amounts, up to and including $50,000, commensurate with staff recommendations and the authority contained in Government Code Section 935.4.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds, resolves and orders as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. Pursuant to Government Code Section 934.5, the City Council of the City of Orange hereby authorizes the City Manager, with the concurrence of the City Attorney, or their designees, to perform Administrative Functions on behalf of the City.

SECTION 3. T he City Council of the City of Orange hereby increases the amount of settlement authority for settlement of civil liability claims within the Approved Levels as follows:

153
3 Official Settlement Amount
Risk Manager, with concurrence of the
City Attorney
Up to $5,000
City Attorney $5,001 to $15,000
City Manager, with concurrence of the
City Attorney
$15,001 to $30,000
Claims Settlement Committee $30,001 to $50,000
City Council Over $50,000

SECTION 4. All provisions of Resolution No. 8966 not inconsistent with this Resolution shall remain in full force and effect. Administrative Regulation No. 1.3 shall be amended to be consistent with this Resolution.

SECTION 5. Nothing herein shall prevent the City At torney and/or City Manager from presenting any claim to the City Council, for denial or settlement, in their sole and absolute discretion.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

154
4 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

155
Agenda Item
City Council
Item #: 3.10. 11/28/2023 File #: 23-0774
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Adoption of Resolution 11502 delegating certain authority to the City Manager related to the approval and administration of contracts, agreements, instruments and conveyances.

2. SUMMARY
The proposed Resolution would change the delegation authority from the City Council to the City Manager related to the approval and administration of contracts, agreements, instruments and conveyances.

3. RECOMMENDED ACTION
Adopt Resolution No. 11502. A Resolution of the City Council of the City of Orange adopted pursuant to Section 3.08.095 of the Orange Municipal Code (“OMC”)and delegating certain authority to the City Manager related to the approval and administration of contracts, agreements, instruments and conveyances not otherwise covered by Chapter 3.08 or the OMC.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Providing Outstanding Public Service
a) Obtain, implement, and evaluate public input into our services and programs.

6. DISCUSSION AND BACKGROUND
Chapter 3.08 of the Orange Municipal Code (“OMC”)governs the approval of certain contracts, including those for the purchase of materials, supplies and equipment, public works and professional services. Section 3.08.095 provides the City Council with the authority to address the approval and administration of any other contracts, agreements instruments or conveyances not addressed by ordinance, by resolution.

At this time, approval for all other contracts, agreements, instruments or conveyances not otherwise delineated in the Code are presented to the City Council for their approval. In many instances, the contracts or agreements at issue have no financial impact upon the City and/or are of a routine nature. Staff believes these contracts or agreements, while important for City operations, do not necessarily merit the time and resources expended in putting the matters before the City Council.

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Delegating contract authority by resolution, as contemplated by Section 3.08.095, would support the efficient administration of City affairs.

In summary, this Resolution requests that the City Manager, with the concurrence of the City Attorney, be delegated the following contracting authority:
· To execute contracts to retain legal and other professional services in connection with representing the City’sinterest in legal matters, litigation and suits in which the City is a party or may be a party or in which it is directly or indirectly interested, if requested by the City Attorney.
· To execute funding agreements or Memoranda Of Understanding (“MOUs) with local, state and federal entities or agencies when required in connection with projects for which funds have been budgeted by the City Council or for the City’s receipt of grant funding. · To execute contracts with other public entities related to public projects, or contracts with private entities related to services provided in connection with applications, including, but not limited to, environmental assessments and other studies related to the processing of the application, where the City is reimbursed and there is no additional cost to the City, or contracts where a private entity has requested and agreed to pay for studies or analysis at their sole cost and expense, whether or not in connection with an application. · To terminate all contracts, agreements, instruments and conveyances, which includes, without limitation, leases of city-owned property, licenses and permits issued by staff, and temporary construction easements, in accordance with termination clauses (if applicable).

The contracting authority currently contained in Chapter 3.08 of OMC is unchanged. All contracts or agreements will also continue to require City Attorney approval as to form. The City Manager will have the discretion to take any contract or agreement to the City Council for their approval or ratification, in their sole and absolute discretion.

7. ATTACHMENTS
· Resolution No. 11502
City of Orange Printed on 11/21/2023Page 2 of 2
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157
Agenda Item
City Council
Item #: 3.10. 11/28/2023 File #: 23-0774
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney

1. SUBJECT
Adoption of Resolution 11502 delegating certain authority to the City Manager related to the approval and administration of contracts, agreements, instruments and conveyances.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 4: Providing Outstanding Public Service
a) Obtain, implement, and evaluate public input into our services and programs.

Delegating contract authority by resolution, as contemplated by Section 3.08.095, would support the City of Orange Printed on 11/21/2023Page 1 of 2
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Item #: 3.10. 11/28/2023 File #: 23-0774
Delegating contract authority by resolution, as contemplated by Section 3.08.095, would support the efficient administration of City affairs.

7. ATTACHMENTS
· Resolution No. 11502
City of Orange Printed on 11/21/2023Page 2 of 2
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159
RESOLUTION NO. 11502

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE ADOPTED PURSUANT
TO SECTION 3.08.095 OF THE ORANGE
MUNICIPAL CODE (“OMC”) AND

DELEGATING CERTAIN AUTHORITY TO THE

CITY MANAGER RELATED TO THE

APPROVAL AND ADMINISTRATION OF

CONTRACTS, AGREEMENTS, INSTRUMENTS

AND CONVEYANCES NOT OTHERWISE
COVERED BY CHAPTER 3.08 OR THE OMC

WHEREAS, the Orange Municipal Code (“OMC”) governs the approval of certain contracts, including those contracts related to the purchase of materials, supplies and equipment, as well as public works and professional services; and

WHEREAS, Section 3.08.095 of the OMC provides: “For any contracts, agreements, instruments and conveyances not otherwise covered by this chapter or any other provision of this code, the City Council may by resolution prescribe procedures, rules and regulations governing the approval and administration thereof”; and

WHEREAS, approval for all other contracts, agreements , instruments or conveyances (sometimes herein referred to generally as “contracts”) not otherwise delineated in the Code are presented to the City Council for approval; and

WHEREAS, it is a common practice throughout California cities for legislative bodies to delegate contracting authority to the City Manager or City Attorney for contracts of a routine nature that have little to no impact on City resources or operation; and

WHEREAS, delegating authority to the City Manager to approve and execute those routine contracts that address the day -to-day operation of the City supports the efficient administration of City affairs;

NOW, THEREFORE, BE IT RESOLVED that the City Council finds, resolves and orders as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. In addition to contracting authority contained in, the Orange Municipal Code or any other authority, express or implied , the City Manager with the concurrence of the City Attorney is hereby delegated the authority:

160
2 A. To execute contracts to retain legal and other professional services in connection with representing the City’s interest in legal matters, litigation and suits in which the City is a party or may be a party or in which it is directly or indirectly interested if requested by the City Attorney.

B. To execute funding agreements or Memoranda Of Understanding (“MOU s) with local, state and federal entities or agencies when required in connection with projects for which funds have been budgeted by the City Council or for the City’s receipt of grant funding.

C. To execute contracts with other public entities related to public projects, or contracts with private entities related to services provided in connection with applications , including, but not limited to, environmental assessments and other studies related to the processing of the application, where the City is reimbursed and there is no additional cost to the City, or contracts where a private entity has requested and agreed to pay for studies or analysis at their sole cost and expense, whether or not in connection with an application.

D. To terminate all contracts, agreements, instruments and conveyances, which includes, without limitation, leases of city-owned property, licenses and permits issued by staff, and temporary construction easements, in accordance with termination clauses (if applicable).

SECTION 3. All contracts, agreements, instruments or conveyances delineated in this Resolution for City Manager execution, shall not require prior approval of the City Council and may be executed by the City Manager or designee, and shall be approved as to form by the City Attorney. Nothing herein prevents the City Manager from presenting any contract to the City Council for their approval or ratification, in the City Manager’s sole and absolute discretion.

SECTION 4. If such contract, agreement, instrument, or conveyance delineated herein would have a fiscal impact on the City beyond funds budgeted by the City Council for those general purposes, the City Manager shall secure City Council approval prior to execution of said contract..

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange
161
3 APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
162
Agenda Item
City Council
Item #: 3.11. 11/28/2023 File #: 23-0762
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Classification, compensation, and terms of employment of Part-Time and Limited Duration employees for the period of January 1, 2024, through December 31, 2024. Resolution No. 11503.

2. SUMMARY
Resolution No. 11503 amends the compensation and terms of employment for the City’sPart-Time and Limited Duration employees for the period of January 1, 2024, through December 31, 2024.

3. RECOMMENDED ACTION
Adopt Resolution No. 11503. A Resolution of the City Council of the City of Orange relating to the classification, compensation, and terms of employment for Part-time and Limited Duration employees of the City of Orange effective January 1, 2024, through and including December 31, 2024, and repealing Resolution No. 11423 and amendments thereto.

4. FISCAL IMPACT
The total annual increase in General Fund costs for the proposed adjustments is approximately $1,700. This calculation is based on the number of active employees within the affected classifications.

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

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

6. DISCUSSION AND BACKGROUND
There are currently 64 part-time and limited duration employees on payroll who are covered by this Resolution. With a few exceptions, the vast majority of these employees serve in positions that are either limited duration, seasonal (summer only), or part-time with a work schedule of 19 hours per week or less. Employees covered by the City’s Part-time and Limited Duration Resolution are considered unrepresented and therefore do not bargain collectively for salary, benefits, and other terms and conditions of employment.

Effective January 1, 2024, a minimum wage increase will be triggered by the rate of inflation in the State of California, setting a new minimum wage from $15.00 to $16.00 per hour. One of our City of Orange Printed on 11/21/2023Page 1 of 2
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State of California, setting a new minimum wage from $15.00 to $16.00 per hour. One of our classifications, within a three-part series, is paid less than the new minimum wage. Staff therefore recommends adjusting salary levels for those impacted positions with an effective date of December 3, 2023 to comply with the new mandate.

Staff is further recommending addressing salary for the intern series to ensure pay rates are competitive as we look to develop an internship program. The following changes will be implemented should Council approve the attached Resolution:

Wage Increases
a) Police Reserve Series: Police Reserve Officer III (from $15.51 to $16.06 per hour), Police Reserve Officer II (from $16.63 to $17.22 per hour), and Police Reserve Officer I (from $20.30 to $21.02 per hour).
b) Intern Series: Management Intern and Engineering Intern (from $17.57 to $20.00 per hour).

Medical Insurance
Effective the first pay period in January 2024, increase the City’s contribution toward medical insurance benefits per employee by $50.00 per month for 2-party coverage, and $100.00 per month for family coverage.

7. ATTACHMENTS
· Resolution No. 11503
City of Orange Printed on 11/21/2023Page 2 of 2
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164
Agenda Item
City Council
Item #: 3.11. 11/28/2023 File #: 23-0762
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Classification, compensation, and terms of employment of Part-Time and Limited Duration employees for the period of January 1, 2024, through December 31, 2024. Resolution No. 11503.

2. SUMMARY
Resolution No. 11503 amends the compensation and terms of employment for the City’sPart-Time and Limited Duration employees for the period of January 1, 2024, through December 31, 2024.

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

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

Effective January 1, 2024, a minimum wage increase will be triggered by the rate of inflation in the State of California, setting a new minimum wage from $15.00 to $16.00 per hour. One of our City of Orange Printed on 11/21/2023Page 1 of 2
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Item #: 3.11. 11/28/2023 File #: 23-0762
State of California, setting a new minimum wage from $15.00 to $16.00 per hour. One of our classifications, within a three-part series, is paid less than the new minimum wage. Staff therefore recommends adjusting salary levels for those impacted positions with an effective date of December 3, 2023 to comply with the new mandate.

7. ATTACHMENTS
· Resolution No. 11503
City of Orange Printed on 11/21/2023Page 2 of 2
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RESOLUTION NO. 11503

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE RELATING TO THE

CLASSIFICATION, COMPENSATION, AND

TERMS OF EMPLOYMENT FOR PART -TIME

AND LIMITED DURATION EMPLOYEES OF

THE CITY OF ORANGE EFFECTIVE JANUARY
1, 2024 THROUGH AND INCLUDING
DECEMBER 31, 2024 AND REPEALING
RESOLUTION NO. 11423 AND AMENDMENTS

THERETO

WHEREAS, the City Council of the City of Orange wishes to set forth the wages, hours and conditions of employment effective January 1, 2024 through December 31, 2024 for the employees described herein; and

WHEREAS, the City Council has consulted w ith the Finance Director and Human Resources Director concerning the proposed employment terms contained herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby adopts the wages, hours and conditions of employment for the period of January 1, 2024 through December 31, 2024 for Part -Time and Limited Duration Employees contained in Appendix A, as fully set forth herein.

ADOPTED this ____ day of ____________________, 2023

Daniel R. Slater, Mayor, City of Orange

ATTEST:

Pamela Coleman, City Clerk, City of Orange

APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

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2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange

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i

Exhibit A

PART-TIME AND LIMITED DURATION

EMPLOYEE RESOLUTION

JANUARY 1, 2024 THROUGH DECEMBER 31, 2024

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TABLE OF CONTENTS

Section No. Section Title Page No. 1 Basic Compensation Plan And Definitions 1
2 Salary And Wage Schedules 2
3 Beginning Rates 2
4 Service 2
5 Performance Evaluations 2
6 Advancement Within Salary Ranges 2
7 Reduction In Salary Steps 3
8 Probation 3
9 Promotion 3
10 Demotion 3
11 Reassignment Of Compensation Ranges 4
12 Working Out Of Class 4
13 Overtime/Compensatory Time 5
14 Call Back Compensation 6
15 Holidays 6
16 Vacation 7
17 Eligibility For Fringe Benefits 8
18 Leaves Of Absence 8
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19 Life Insurance 12
20 Long-Term Disability Insurance 12
21 Health Benefits 12
22 Retirement 13
23 Direct Deposit 14
24 Grievance Procedure 14
25 Travel Expense Allowance 15
26 Effective Dates 16
Appendix A Salary Ranges 17

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1 SECTION 1. BASIC COMPENSATION PLAN AND DEFINITIONS. A basic compensation plan is established for Part-Time and Limited Duration Employees of the City of Orange who are now employed or will in the future be employed in any of the classifications of employment listed in this Resolution and its Appendix. Nothing contained herein shall guarantee to any employee a specified number of hours per day or days per week or weeks per month or months per year of work.

A. Whenever the term “part-time” is used in this Resolution, it shall be understood to include an employee regularly scheduled to work less than the full-time equivalent of forty (40) hours in a week or less than 2,080 hours in a fiscal year.

B. Whenever the term “ seasonal” is used in this Resolution, it shall be understood to include an employee who is appointed to a temporary position which may offer recurring periodic employment, such as every summer, but that does not exceed 1,000 hours in a fiscal year.

C. Whenever the term “t emporary” is used in this Resolution, it shall be understood to include an employee who is appointed to a position for a limited duration not to exceed 1,000 hours in a fiscal year.

D. Whenever the term “probationary employee” is used in this Resolution, it shall be understood to be an employee regularly scheduled to work at least twenty (20) hours per week, but less than forty (40) hours per week on a year -round basis initially appointed or promoted to a classification serving a probationary period during which time the employee shall have an opportunity to demonstrate suitability for the job.

E. Whenever the term “regular employee” is used in this Resolution, it shall be understood to b e an employee regularly scheduled to work at least twenty (20) hours per week, but less than forty (40) hours per week on a year-round basis who has successfully completed a probationary period.

F. Whenever the term “at-will” is used in this Resolution, it shall be understood to include all part- time employees scheduled to work nineteen (19) hours or less per week, probationary , seasonal, and limited duration employees . The City reserves the right to terminate the employment relationship at any time, with or without cause, for at-will employees.

G. When the term “b enefited” is used in this Resolution, it shall be understood to include only the part-time employees regularly scheduled to work an average of twenty (20) hours per week, but less than forty (40) per work week on a year-round basis. Benefited employees shall be entitled to receive the fringe benefits acknowledged in this Resolution.

H. When the term “non -benefited” is used in this Resolution, it shall be understood to include the part-time, seasonal and/or temporary employees working less than 1,000 hours in a fiscal year.

Non-Benefited employees shall not be entitled to receive any fringe benefits provided for in this Resolution or in any resolution of the City, unless otherwise provided by Federal and/or State law.

I. As an exception to the statements and definitions used in this Section and this Resolution, Police Academy Trainee and Ambulance Operator are deemed limited duration, full-time classifications eligible for the fringe benefits provided by this Resolution for benefited employees. Full-time Ambulance Operators shall be subject to an employment agreement.

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2 SECTION 2. SALARY AND WAGE SCHEDULES. Salaries effective December 3, 2023 for employees covered by this Resolution are listed in Appendix A.

SECTION 3. BEGINNING RATES. A new employee of the City shall be paid the rate shown in Step A in the range assigned to the classification for which the employee has been hired, except that on request of the Department Head under whom the employee will serve, and with the authorizatio n of the Human Resources Director, such employee may be placed at any step depending on the employee’s qualifications.

SECTION 4. SERVICE. The word “service” as used in this Resolution shall be defined to mean continuous, service in an employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.

A lapse of service by any employee for a period of time longer than thirty (30) calendar days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee for the purpose of this Resolution. An employee re-entering the service of the City shall be considered as a new employee, except that the employee may be re-employed within one (1) year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the termination of employment. For seasonal employees, service shall be consecutive seasonal employment with the City.

SECTION 5. PERFORMANCE EVALUATIONS. The City shall maintain an employee performance rating system designed to give a fair evaluation of the quantity and quality of work performed by an employee.

A. Performance evaluation reports shall be prepared and recorded in the employee’s personnel file for all probationary part-time, regular part-time, and seasonal employees as follows:

1) For probationary part-time employees, at or near the completion of 1,040 hours and upon the completion of the probationary period at 2,080 hours.

2) For regular part-time employees, at or near the completion of every 2,080 hours after the successful completion of the probationary period.

3) For seasonal employees, at the end of the season and upon the completion of 2,080 hours.

4) For Ambulance Operators, at or near completion of 26 pay periods.

B. Prior to the performance evaluation report becoming part of the employee’s personnel file, the supervisor and the employee must review the evaluation.

C. When a performance evaluation is recorded in the employee’s personnel file a copy of the evaluation shall be given to the employee.

SECTION 6. ADVANCEMENT WITHIN SALARY RANGES . The following regulations shall govern salary advancements within ranges for employees in Appendix A:

A. Merit Advancement. An employee shall be considered for advancement through the salary range based on continuous, meritorious, and efficient service, continued improvement by the employee in the effective performance of the duties of the position, and the completion of 2,080 hours of service in the classification. Exception: 26 pay periods for Ambulance Operator classification. A 173

3 merit increase shall become effective on the first (1 st) day of the next pay period following the completion of the length of service required for such advancement, and shall require the following:

1) The Department Head in the department which the employee is employed shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation Form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons, therefore. If denied by the Human Resources Director, the reason(s) for denial will be provided to the Department Head.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Resolution. The Human Resources Director may, on the basis of a Department Head's recommendation, approve and effect such an advancement.

C. Length of Service Required When Advancement is Denied. When an employee is not approved for advancement to the next higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in Subsection 6A.

SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is paid on a salary step higher than Step A may be reduced by one (1) or more steps upon the recommendation of the Department Head with the approval of the Human Resources Director. Procedure for such reduction shall follow the same procedure as outlined for merit advancement in Section 6, and such employee may be considered for re - advancement under the same provisions as contained in Section 6.

SECTION 8. PROBATION. An employee scheduled in the duly adopted budget to work at least twenty (20) hours per week on a year-round basis initially appointed or promoted to a classification shall serve a probationary period during which time the employee shall have an opportunity to demonstrate suitability for the job. Employees regularly scheduled twenty (20) hours or more per week shall serve a probationary period of twenty-six (26) consecutive pay periods. Under certain conditions, with approval of the Human Resources Director, the Department Head may extend the probationary period. The employee shall attain regular status in the classification upon successful completion of the probationary period.

Employees serving an initial probationary period are not eligible to compete for a closed/promotional recruitment process.

SECTION 9. PROMOTION. When an employee is promoted to a position in a higher classification, the employee may be assigned to the step in the new salary range which provides for at least a five percent (5.0%) increase. With the approval of the Department Head and Human Resources Director, the employee may be placed in the step in the new salary range as will grant the employee an increase of at least one (1), but not more than three (3) salary steps, at the discretion of the Department Head and the Human Resources Director.

SECTION 10. DEMOTION. When an employee is demoted to a position in a lower classification, the salary rate shall be fixed in the appropriate salary range for the lower classification in accordance with the following provisions:

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

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

SECTION 11. REASSIGNMENT OF COMPENSATION RANGES. Any employee who is employed in a classification which is allocated to a different pay range shall retain the same salary step in the new range as previously held in the prior range, and shall retain credit for length of service acquired in the previously held step toward advancement to the next higher step in the new salary range ; provided, however:

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

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

C. That if the reassignment is to a lower compensation range, the B or C Step of which is higher than the existing rate of pay of the employee, the employee shall be placed on that step of the lower compensation range which is equivalent to the employee's existing rate of pay. If there is no equivalent rate of pay, the employee shall be placed on the next highest step. The employee shall retain credit for length of service previously acquired in such step toward advancement to the next higher step.

SECTION 12. WORKING OUT OF CLASS. The City may work employees out of classification for up to fourteen ( 14) consecutive working days without additional compensation. An employee shall receive acting time pay at A Step of the higher class, or five percent (5.0%) above the employee's regular salary, whichever is greater, for work performed in the higher classification on the 15 th consecutive day out of class, and for each consecutive day thereafter an employee works out of class. The Department Head or a duly authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment.

During the fourteen (14) consecutive working day eligibility period before an employee is entitled to receive acting time pay, absence for compensatory time and/or vacation shall break consecutiveness and cause the fourteen (14) consecutive working day eligibility period to start over. Absences for regularly scheduled holidays, regular days off, jury duty, and/or verifiable sick leave shall not constitute a break in consecutiveness or acting pay eligibility.

A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent’s approved leave of absence, said employee shall receive Temporary Upgrade Pay.

Temporary Upgrade Pay, as defined by California Code of Regulations 571(a )(3), is “compensation to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration.”

The above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be reported to 175

5 CalPERS as pensionable compensation for “New Members” hired on or after January 1, 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA).

B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation, promotion, demo tion or termination. Government Code S ection 20480 of the Public Employees' Retirement Law (PERL) defines an “out-of-class appointment” to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this Section, a “vacant position” refers to a position that is vacant during recruitme nt for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence.

SECTION 13. OVERTIME/COMPENSATORY TIME.

A. COMPENSATORY TIME. A benefited employee covered by this Resolution shall be entitled to compensatory time for all hours worked in excess of forty (40) hours within the employee's Fair Labor Standards Act (FLSA) work period. Compensatory time shall be accumulated at the rate of one-quarter (¼) hour of compensatory time for each one-quarter (¼) hour of overtime worked. As an exception to this Section, the classification of Ambulance Operator may elect to receive compensatory time for time worked for overtime shifts outside the employee’s regularly scheduled shifts.

B. PREMIUM (TIME AND ONE-HALF) OVERTIME. Only time actually worked (i.e., not holiday, vacation, sick leave, or compensatory time) over forty (40) hours in an FLSA work period shall be paid at the premium rate (time and one-half) either in the form of pay or compensatory time. FLSA exempt seasonal employees are not entitled to receive premium overtime compensation.

C. COMPENSATORY TIME ACCUMULATION. Compensatory time shall be accumulated to the nearest one-quarter (¼) hour increment. Where a benefited employee works less than one-quarter (¼) hour per day of overtime, the employee shall not receive compensatory time, and such time shall not count toward the computation of overtime.

D. ELIGIBILITY. In order to be entitled to compensatory time, such compensatory time must be authorized by the Department Head or a duly authorized designee.

E. MAXIMUM COMPENSATORY TIME ACCRUAL. A benefited employee shall not be entitled to accumulate compensatory time more than eighty (80) hours during any calendar year. Any accumulated compensatory time accrued in excess of eighty (80) hours per calendar year shall be automatically paid on the first (1st) pay period of the new calendar year.

F. USE OF COMPENSATORY TIME.

1) Payment of Compensatory Time. Compensatory time shall be paid at the regular rate of pay or equal time off, when authorized by the Department Head or a duly authorized designee.

2) Payment Upon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination or upon promotion into another bargaining unit.
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6 SECTION 14. CALL BACK COMPENSATION. If benefited employees are required to report back to work after completing a normal work shift and have left the City premises and/or work location, they shall be compensated in cash or as compensatory time off at the straight time rate for the actual hou rs of work with a minimum of two (2) hours call back compensation, regardless of whether the employee works less than two (2) hours. This provision shall be applicable to employees although the employee’s regular work week is not completed, but shall not apply to employees who are continuing on duty.

SECTION 15. HOLIDAYS. Benefited employees covered by this Resolution shall receive paid holidays, based upon proration of their employment status if less that a full-time employee.

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

A. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any of the above holidays, except one-half (½) day before Christmas, fall on a Sunday, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except one-half (½) day before Christmas, the preceding day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on an employee’s regularly scheduled day off, except one-half (½) day before Christmas, forty (40) hour benefited employees will be credited with nine (9) hours of holiday compensatory time. Benefited employees will receive holiday pay for the holidays in this Section based upon the employee’s full -time equivalency from the current Personnel Action Form. Accumulated holiday compensatory time must be used by the employee by June 30th of the same fiscal year in which it was accumulated or be forfeited. In addition, employees shall be entitled to receive payment for all accumulated holiday compensatory time upon their termination or upon promotion into another bargaining unit.

B. ELIGIBILITY TO RECEIVE HOLIDAY PAY. In order to be eligible to receive holiday pay, a benefited employee must have worked, or be deemed to have worked because of an approved absence (e.g., sick leave, vacation, or compensatory time) , the benefited employee's regularly scheduled day before and regularly scheduled day after the holiday. Probationary benefited employees are provided with and are eligible to use floating holiday hours, according to the guidelines established in this Section, and/or with approval of the Human Resources Director.

C. HOLIDAY DURING VACATION. Should any of the holidays listed above fall during an employee's vacation period, or while an employee is on an excused absence with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation.

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7 D. FLOATING HOLIDAY. Notwithstanding the above, floating holiday hours shall be taken at the convenience of the City with approval of the Department Head or a duly authorized designee. For purposes of this benefit, employees will have credited nine (9) hours of floating holiday as of January 1st. Benefited employees will receive floating holiday hours in this Section based upon the employee’s full -time equivalency from the current Personnel Action Form. This floating holiday shall be taken as time off from work no later than December 31 st of the same year. The floating holiday is not accumulative and shall be forfeited should it not be taken during the year it was earned. Benefitted employees under this Section who are promoted to another bargaining unit or who terminate their employment with the City prior to using the floating holiday shall receive cash reimbursement for said holiday.

E. COMPENSATION FOR HOURS WORKED ON OBSERVED CITY HOLIDAYS. All benefited employees required to work on a holiday listed above, with the approval of their supervisor, shall receive holiday pay plus straight time pay for hours worked on the holiday, or time off equal to the number of hours the employee actually worked on the holiday. Benefited employees who work in excess of their regular number of scheduled hours on a holiday listed above, shall receive double time pay for all such hours actually worked. Employees shall receive no other compensation whatsoever for working on a holiday.

SECTION 16. VACATION.

A. VACATION ACCRUAL. Benefited employees who have one (1) year's continuous service, shall receive the following vacation hours per year, based upon proration of their employment status if less than a full-time employee.

Years of Service Vacation Hours Per Year
1 thru 4 80
5 thru 10 120
11 128
12 136
13 144
14 152
15 thru 24 160
25 or more 200

B. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the convenience of the City with the approval of the Department Head or a duly authorized designee. Where possible, such vacation should be taken annually and not accumulated from year to year. Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period may be accumulated with the permission of the Department Head and the Human Resources Director. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period. All vacation hours in excess of the equivalent number of hours earned in the immediately preceding twenty- four ( 24) month period not taken by the employee shall be forfeited. Probationary benefited employees accrue vacation, but may not use vacation until successful completion of an initial probation period, except in the event of a City Hall hol iday closure, with approval of the Human Resources Director.

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8 C. VACATION CONVERSION. An employee may convert up to fifty percent (50%) of their current annual vacation accrual into pay in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Subsection 16B and may so convert once during each fiscal year.

A benefited employee may convert up to fifty percent (50%) of current annual vacation accrual into cash in lieu of time off with pay . A benefited employee requesting such a conversion must meet the eligibility requirements as set forth in this Section, and may so convert twice in a fiscal year, however the total amount converted per fiscal year shall not exceed fifty percent (50%) of the employee’s annual accrual. Employees serving their initial probationary period shall not be eligible for vacation conversion.

D. VACATION PAY -OUT UPON TERMINATION. Eligible employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one-twelfth ( 1/12) of the employee's annual vacation pay for each full month of service.

SECTION 17. ELIGIBILITY FOR FRINGE BENEFITS.

A. ENTITLEMENT TO FRINGE BENEFITS UPON PRORATION OF HOURS . Benefited employees shall receive fringe benefits based upon the employee’s full-time equivalency from the current Personnel Action Form. This formula of proration shall apply to holiday pay, vacation, sick leave, medical insurance contribution, disability insurance contribution , jury duty and retirement contribution.

B. NON-BENEFITED EMPLOYEES. Non-benefited employees shall not be entitled to receive any fringe benefits provided for in this Resolution or in any resolution of the City, unless otherwise provided by Federal and/or State law.

SECTION 18. LEAVES OF ABSENCE.

A. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:

1) After all available leave benefits, including vacation, compensatory time, sick leave, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the Department Head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave.

a. The classification of Ambulance Operator is authorized to take up to a six (6) month leave of absence without pay to attend the fire academy and/or fire paramedic school without exhausting all accruals.

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

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

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

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

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

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

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

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

9) Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof.

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

11) Forms setting forth the benefits available and other pertinent information shall be maintained for distribution in the Human Resources Department.

B. JURY DUTY AND WITNESS SERVICE FOR THE CITY.

A. Jury Duty. When required to serve on a jury, benefited employees shall have time off for a period not to exceed ten (10) calendar days for each jury duty summons which an employee responds to per calendar year. Employees shall receive their regular pay for period of actual service required on the jury, provided all jury fees paid to the individual employee are turned over to the Ci ty, with the exception of automobile expenses allowed.
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10 B. If an employee is required to call in for jury service and the court does not need the employee’s service, the employee is expected to report to work. Once an employee has completed jury service, the Certificate of Jury Service must be provided to the immediate supervisor to qualify for jury duty compensation.

C. Witness Service for the City. If an employee is called as a witness, on behalf of the City, the employee shall receive normal pay for time spent by the employee serving as a witness for the City. Employees shall be required to pay any witness fees that accrue to the employee for wit ness service to the City as a condition of receiving normal pay while serving as a witness for the City.

C. MILITARY LEAVE OF ABSENCE. If a benefited employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the provisions of State law found in applicable sections of the California Military and Veterans’ Code.

Employees must provide a copy of their military orders, and Leave and Earnings Statements (LES) if requested, to the Human Resources Department to qualify for military leave of absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director.

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

1) For employees working a regular forty (40) hour week, eight (8) hours of sick leave will accrue for each month of continuous service. Sick leave for benefited part -time employees will be prorated under this Section based upon the employee’s full -time equivalency from the current Personnel Action Form. Probationary employees may use accrued sick leave during their probation period.

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

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

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

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

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

iii. For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a).

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11 iv. Family Leave. In accordance with the California Family Leave Act, all benefited employees may use up to one -half (½) of their annual sick leave accrual, per calendar year, for family leave purposes.

5) Sick Leave Application. Sick leave may be applied only to absence caused by illness or injury of an employee and may not extend to absence caused by illness or injury of a member of the employee’s family except as provided in Subsection 18C(6) below.

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

Employees may, upon prior notice, be required to furnish a certificate issued by a licensed phys ician or nurse or other satisfactory written evidence of any subsequent illness.

7) Maximum Accumulation of Sick Leave. Employees shall be allowed to accumulate sick leave to a maximum of 960 hours. Sick leave hours in excess of such maximum shall be forfeited.

8) Retirement from City Service and Entering the California Public Employees’ Retirement System. Upon retiring from City service and entering the California Public Employees’ Retirement System as a Retired Annuitant , an employee shall receive no pay for the first sixty (60) days of accrued sick leave (0 to 480 hours), but shall receive twenty-five percent (25%) pay for the first thirty (30) days of accrued sick leave after the first sixty (60) days of accrued sick leave (481 to 720 hours), and fifty percent (50%) of all accrued sick leave thereafter (721 hours to 960 hours).

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

E. FAMILY LEAVE. In accordance with the California Family Sick Leave and Paid Sick Leave Acts, employees are allowed up to one-half (½) of their annual accrual of sick leave per calendar year for family related illness or injury , which shall be charged against the employee’s accumulated sick leave . Family as used in this Subsection is limited to any relation by blood, marriage, or adoption who is a member of the employee’s household (living at the same address); and any parent, substitute parent, parent-in-law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, or “designated person” pursuant to AB1041, regardless of place of residence. Benefited part-time employees are allowed to use up to one-half (½) of their annual accrual of sick leave.

F. BEREAVEMENT LEAVE. Benefited employees shall be entitled to take up to the following amount of paid bereavement leave per incident on the following terms and conditions:

1) Bereavement leave may only be used upon the death , or critical illness where death appears to be imminent , in the employee's immediate family. "Immediate family" as 182

12 used in this Subsection, shall be limited to any relation by blood, marriage or adoption, who is a member of the employee's household (living at the same address) and any parent, legal guardian, parent -in-law, brother -in-law, sister -in-law, grandparent, grandchild, aunt, uncle, spouse, child, brother, sister , or registered domestic partner of the employee regardless of residence.

2) Days of absence due to bereavement leave shall not exceed three (3) working days per incident and shall not be deducted from the employee's accumulated sick leave. An additional two (2) days of leave may be taken from existing leave accruals, for a maximum of five (5) days total per incident. An employee on bereavement leave shall inform their immediate supervisor of the fact and the reasons therefore as soon as possible. Failure to inform their immediate supervisor, within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence.

G. WORKERS’ COMPENSATION. Employees who incur a work -related injury or illness will be eligible to receive Workers’ Compensation benefits according to the State of California’s Division of Workers’ Compensation laws and regulations.

1) Temporary Disability. An employee shall be granted Temporary Disability in accordance with the current State Workers’ Compensation laws and regulations.

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

3) If eligible, a benefited employee receiving Temporary Disability benefits will continue to receive the City’s contribution to the employee’s medical, dental, vision and other applicable insurances. All authorized deductions will continue as though the employee is on regular work status. If the employee has exhausted Temporary Disability benefits, the employee shall be responsible for paying the full premium for the employee’s medical, dental, vision, and other applicable insurances.

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

SECTION 19. LIFE INSURANCE. The City shall contribute the full premium towards a $40,000.00 life insurance policy for each benefited employee.

SECTION 20. LONG-TERM DISABILITY INSURANCE. The City shall contribute the full premium toward a long-term disability plan covering eligible benefited employees that pays sixty percent (60%) of salary after a sixty (60) day elimination period, up to a maximum benefit of $3,000.00 per month.

SECTION 21. HEALTH BENEFITS. The City contract s with the California Public Employees’ Retirement System (CalPERS) to make available those health insurance benefits provided under the Public Employees’ Medical and Hospital Care Act (PEMHCA).
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13 A. FLEXIBLE BENEFITS PLAN. The City shall provide a Section 125 Flexible Benefits Plan for active full-time and part -time benefited employees and pay the following monthly amounts to provide funds for optional health plans, dental plans, vision plans, health care reimbursement, dependent care, or cash as established by the Internal Revenue Service. The following amounts include the m inimum amount required under PEMHCA, which is $157.00 per month. This contribution shall be adjusted annually each January 1 st to the amount set by the CalPERS Board of Administration.

Effective Date Single 2-Party Family
January 1, 2023 $960.00 $1,435.00 $1,760.00
January 1, 2024 $960.00 $1485.00 $1860.00

B. Any costs in excess of the amounts designated in Subsection 21A necessary to maintain benefits under any benefit plans selected by the employee shall be borne by the employee.

C. An employee cannot be enrolled in the CalPERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with CalPERS Health, unless the employee (or the spouse) is enrolled without being covered as a family member.

D. An employee may choose to not be enrolled in a CalPERS Health Benefits Plan. If an employee chooses not to be enrolled, the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse’s employer’s plan) that is complaint with the Affordable Care Act (ACA), as determined by the Human Resources Director. Based on determination that group medical insurance coverage is in full force and effect, employees hired prior to January 1, 2020 shall receive $785.00 per month toward the Flexible Benefits Plan. Employees hired after January 1, 2020 who elect to waive the City’s medical insurance shall receive $400.00 per month.

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

F. RETIRED ANNUITANT CONTRIBUTION . The City shall contribute toward the payment of the premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS to the extent required by law, a contribution of $157.00 per month. This contribution shall be adjusted annually each January 1 st to the amount set by the CalPERS Board of Administration.

G. The City Manager, or a duly authorized designee, reserves the right to adjust the flexible benefits plan contributions for employees covered by the Resolution at any time during the life of this Resolution to reflect insurance contributions provided to employees in the Orange Municipal Employees’ Association (OMEA) unit.

SECTION 22. RETIREMENT.

A. NON-BENEFITED EMPLOYEES. All non-benefited employees not covered under the CalPERS shall participate in a defined contribution retirement plan in lieu of Social Security contributions.

The City shall contribute three and three -fourths percent (3.75%) of the employee’s eligible 184

14 earnings toward the retirement plan. Employees shall contribute three and three-fourths percent (3.75%) of their eligible earnings toward the retirement plan.

B. NEW MEMBERS. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20. The New Members are subject to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre-tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of PEPRA.

C. CLASSIC MEMBERS . Miscellaneous employees who are not defined as New Members as outlined in Section B above a re defined as Classic Members of CalPERS and are subject to the

2.7% @ age 55 retirement formula set forth on Section 21362.2 of the California Government Code. These Classic Members are subject to the one-year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute eight percent (8.0%) of their compensation earnable, on a pre-tax basis.

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

E. CALPERS RETIRED ANNUITANTS. Pursuant to the Public Employees’ Pension Reform Act of 2013 (PEPRA), the City is prohibited from providing a CalPERS retired annuitant with any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. Accordingly, the City will not enroll retired annuitants in the IRS Section 457 OBRA deferred compensation plan. Further, since participation in a deferred compensation plan is considered a benefit, retired annuitants are not permitted to voluntarily enroll in any of the City’s other Section 457 deferred compensation plans.

SECTION 23. DIRECT DEPOSIT. City employees are required to participate in the City’s direct paycheck deposit program.

SECTION 24. GRIEVANCE PROCEDURE.

A. DEFINITION OF GRIEVANCE . A grievance shall be defined as a timely complaint by an employee or group of employees concerning the interpretation or application of specific provisions of this Resolution of the Rules and Regulations governing personnel practices or working conditions of the City. Grievances shall not include disciplinary actions taken against “At -Will” employees.

B. BUSINESS DAYS. Business days means those days in which the City’s administrative offices are open.

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15 C. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES . The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized designee of the City and the grieving party.

Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with the time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure.

D. INFORMAL GRIEVANCE PROCESS. An employee must first attempt to resolve a grievance on an informal basis by discussion with an immediate supervisor without undue delay. Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than ten (10) business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Human Resources Director of the City, with a copy to the Department Head in which the employee works. Should the grievant fail to file a written grievance within ten (10) business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance, the grievance shall be barred and waived.

E. FORMAL GRIEVANCE PROCESS, HUMAN RESOURCES DIRECTOR, DEPARTMENT HEAD. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Department Head within ten (10) business days. The Human Resources Director and the Department Head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within five (5) business days after receiving the grievance.

F. FORMAL GRIEVANCE PROCESS, CITY MANAGER . If the grievance is not resolved in Subsection E above, or if no answer has been received from the Human Resources Director and Department Head within fifteen (15) business days from the presentation of the written grievance to the Human Resources Director and Department Head, the written grievance shall be presented to the City Manager, or a duly authorized designee, within ten (10) business days , for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or a duly authorized designee, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within ten (10) business days after receiving the grievance. After this procedure is exhausted, the grievant and the City shall have rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable effort shall be made by the employee and the supervisor to resolve the grievance at the informal step.

SECTION 25. TRAVEL EXPENSE ALLOWANCE. The City has established a Travel and Business Expense Reimbursement policy (Administrative Policy Number 4.13) to reimburse City employees when conducting City business, attending business or professional conferences, training seminars, or other travel on authorized City business.
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16 Any employee who is required to travel in the performance of their duties or to attend an authorized meeting or conference or otherwise incurs expenses relating to the conduct of City business shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging, and incidentals as outlined in the Finance Policy referenced above.

SECTION 26. EFFECTIVE DATES. This Resolution shall become effective on January 1, 2024 through December 31, 2024 unless otherwise amended.

REST OF PAGE LEFT BLANK INTENTIONALLY.

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17 APPENDIX A

PART-TIME AND LIMITED DURATION

SALARY RANGES

EFFECTIVE DECEMBER 4, 2022

CLASSIFICATION TITLE SALARY

TYPE RANGE STEP A STEP B STEP C
Ambulance Operator Monthly 412 2783 2926 3075
Assistant Pool Manager Hourly 482 22.77 23.93 25.15
Assistant Recreation Services Coordinator Hourly 509 26.05 27.38 28.78 Engineering Intern Hourly 430 17.57 18.47 19.40
Lifeguard/Swim Instructor Hourly 462 20.61 21.66 22.76
Management Intern Hourly 430 17.57 18.47 19.40
Parking Control Officer I Hourly 442 18.65 19.60 20.61
Parks and Facilities Attendant Hourly 460 20.40 21.45 22.54 Police Academy Trainee Monthly 574 6245 N/A N/A
Police Cadet I Hourly 430 17.57 18.47 19.40
Police Cadet II Hourly 450 19.41 20.40 21.44
Police Reserve Officer I Hourly 459 20.30 21.34 22.43
Police Reserve Officer II Hourly 419 16.63 17.48 18.37 Police Reserve Officer III Hourly 405 15.51 16.30 17.13 Pool Manager Hourly 502 25.16 26.45 27.79
Recreation Services Activity Specialist Hourly 489 23.58 24.78 26.05 Recreation Services Leader I Hourly 412 16.06 16.88 17.74 Recreation Services Leader II Hourly 432 17.74 18.65 19.60 Recreation Services Leader III Hourly 452 19.61 20.61 21.66 School Crossing Guard Hourly 430 17.57 18.47 19.40
School Crossing Guard Supervisor Hourly 470 21.45 22.54 23.69 Swimming Attendant Hourly 412 16.06 16.88 17.74

*Note: Classification of Parks Maintenance Helper is eliminated pursuant to Resolution No. 11423.

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18 APPENDIX A (CONTINUED)

PART-TIME AND LIMITED DURATION

SALARY RANGES

EFFECTIVE DECEMBER 3, 2023

CLASSIFICATION TITLE SALARY

TYPE RANGE STEP A STEP B STEP C
Ambulance Operator Monthly 412 2783 2926 3075
Assistant Pool Manager Hourly 482 22.77 23.93 25.15
Assistant Recreation Services Coordinator Hourly 509 26.05 27.38 28.78 Engineering Intern Hourly 456 20.00 21.02 22.09
Lifeguard/Swim Instructor Hourly 462 20.61 21.66 22.76
Management Intern Hourly 456 20.00 21.02 22.09
Parking Control Officer I Hourly 442 18.65 19.60 20.61
Parks and Facilities Attendant Hourly 460 20.40 21.45 22.54 Police Academy Trainee Monthly 574 6245 N/A N/A
Police Cadet I Hourly 430 17.57 18.47 19.40
Police Cadet II Hourly 450 19.41 20.40 21.44
Police Reserve Officer I Hourly 466 21.02 22.10 23.22
Police Reserve Officer II Hourly 426 17.22 18.10 19.02 Police Reserve Officer III Hourly 412 16.06 16.88 17.74 Pool Manager Hourly 502 25.16 26.45 27.79
Recreation Services Activity Specialist Hourly 489 23.58 24.78 26.05 Recreation Services Leader I Hourly 412 16.06 16.88 17.74 Recreation Services Leader II Hourly 432 17.74 18.65 19.60 Recreation Services Leader III Hourly 452 19.61 20.61 21.66 School Crossing Guard Hourly 430 17.57 18.47 19.40
School Crossing Guard Supervisor Hourly 470 21.45 22.54 23.69 Swimming Attendant Hourly 412 16.06 16.88 17.74

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Agenda Item
City Council
Item #: 3.12. 11/28/2023 File #: 23-0790
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney
Pamela Coleman, City Clerk

1. SUBJECT
Adoption of Resolution No. 11505 specifying the date, time, and place for the Santiago Creek Commission, Community Development Block Grant Program Committee, and the Investment and Audit Committee regular meetings.

2. SUMMARY
The proposed Resolution specifies the date, time, and place for the Santiago Creek Commission, Community Development Block Grant Program Committee, and the Investment and Audit Committee regular meetings.

3. RECOMMENDED ACTION
Adopt Resolution No. 11505. A Resolution of the City Council of the City of Orange Rescinding Resolution No. 11499 and re-establishing the number of members, qualifications for membership, purpose, compensation and meeting information for specified City Boards, Committees and Commissions by specifying meeting date, time, and place for the Santiago Creek Commission, Community Development Block Grant Program Committee, and the Investment and Audit Committee.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal 4: Providing Outstanding Public Service
a) Obtain, implement, and evaluate public input into our services and programs.

6. DISCUSSION AND BACKGROUND
The City Council had previously adopted a resolution (the latest, Resolution No. 11499), with Exhibit A that contains information, including the number of members, qualifications for membership, purpose, compensation, and meeting information, for all City boards, committees and commissions; but had not specified meeting location for the Santiago Creek Commission or meeting dates and locations for the Community Development Block Grant Program Committee and the Investment and Audit Committee.

The proposed Resolution would rescind Resolution No. 11499, with Exhibit A, and revise said Exhibit A to specify meeting date, time and place of the Santiago Creek Commission as the 4th Wednesday City of Orange Printed on 11/21/2023Page 1 of 2
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190
Item #: 3.12. 11/28/2023 File #: 23-0790
A to specify meeting date, time and place of the Santiago Creek Commission as the 4th Wednesday of January, April, July, and October, convening at 5:30 p.m. in the City Council Chamber; the Community Development Block Grant Committee as the 2nd Thursday of February and March convening at 6:00 p.m. in the Weimer Room; and the Investment and Audit Committee as the 4th Wednesday of January, April, July and October, convening at 3:00 p.m. in the Weimer Room.

7. ATTACHMENTS
· Resolution No. 11505
City of Orange Printed on 11/21/2023Page 2 of 2
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191
Agenda Item
City Council
Item #: 3.12. 11/28/2023 File #: 23-0790
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney
Pamela Coleman, City Clerk

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal 4: Providing Outstanding Public Service
a) Obtain, implement, and evaluate public input into our services and programs.

The proposed Resolution would rescind Resolution No. 11499, with Exhibit A, and revise said Exhibit A to specify meeting date, time and place of the Santiago Creek Commission as the 4th Wednesday City of Orange Printed on 11/21/2023Page 1 of 2
powered by Legistar™
192
Item #: 3.12. 11/28/2023 File #: 23-0790
A to specify meeting date, time and place of the Santiago Creek Commission as the 4th Wednesday of January, April, July, and October, convening at 5:30 p.m. in the City Council Chamber; the Community Development Block Grant Committee as the 2nd Thursday of February and March convening at 6:00 p.m. in the Weimer Room; and the Investment and Audit Committee as the 4th Wednesday of January, April, July and October, convening at 3:00 p.m. in the Weimer Room.

7. ATTACHMENTS
· Resolution No. 11505
City of Orange Printed on 11/21/2023Page 2 of 2
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193
RESOLUTION NO. 11505

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE RESCINDING RESOLUTION
NO. 11499 AND RE-ESTABLISHING THE NUMBER

OF MEMBERS, QUALIFICATIONS FOR

MEMBERSHIP, PURPOSE, COMPENSATION AND

MEETING INFORMATION FOR SPECIFIED CITY

BOARDS, COMMITTEES AND COMMISSIONS BY

SPECIFYING MEETING DATE, TIME, AND PLACE

FOR THE SANTIAGO CREEK COMMISSION, THE

COMMUNITY DEVELOPMENT BLOCK GRANT

PROGRAM COMMITTEE AND THE INVESTMENT
AND AUDIT COMMITTEE.

WHEREAS, the City Council of the City of Orange creates boards, committees, and commissions and appoints members thereof to assist in carrying out of the City’s business and to further the public interest; and
WHEREAS, by Resolution No. 11499, the City Council established criteria and meeting times for such various boards, committees, and commissions; and WHEREAS, on October 10, 2023, the City Council adopted Ordinance No. 13-23 adding Chapter 2.62 to the Orange Municipal Code, and creating the Santiago Creek Commission; and
WHEREAS, the City Council desires to set the meeting dates, times and location of the Santiago Creek Commission, the Community Development Block Grant Program Committee, and the Investment and Audit Committee; and
WHEREAS, Resolution No. 11499 delegated determination of meeting dates to staff.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:
 That Resolution No. 11499 is hereby repealed in its entirety.  As set forth in Exhibit A:
a. The Santiago Creek Commission shall meet in regular session on the 4 th Wednesday of January, April, July, and October, convening at 5:30 p.m. in the City Council Chamber. If such date is a legal holiday observed by the City, the meeting shall be held the following day.
b. The Community Development Block Grant Program Committee shall meet in regular session on the 2nd Thursday of February and March convening at 6:00 p.m. in the Weimer Room.
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2 c. The Investment and Audit Committee shall meet in regular session on the 4th Wednesday of January, April, July and October at 3:00 p.m. in the Weimer Room
 The criteria for the remaining boards, committees, and commissions shall remain the same, as set forth in Exhibit A.

ADOPTED this ____ day of ____________________, 2023
Daniel R. Slater, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:

Mike Vigliotta, City Attorney

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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Exhibit “A”

Page 1 of 4 ends

Orange City CouncilNovember 28, 2023

Orange City Council
November 28, 2023