Agenda packet — Orange City Council, June 10, 2025 (part 2 of 4)

BEGIN PEAK HR
VOLUMES 27 1,682 445 182 938 19 33 0 18 540 0 297 4,182 1 0 0 0 APPROACH % 1% 78% 21% 16% 82% 2% 65% 0% 35% 65% 0% 35%
PEAK HR FACTOR 0.924 0.928 0.671 0.930 0.942
APP/DEPART 2,155 / 2,012 1,139 / 1,497 51 / 627 837 / 46 0 N Tustin St

NORTH LEG
E Briardale Ave WEST LEG EAST LEG Taft Ave

SOUTH LEG
N Tustin St

N LEG S LEG E LEG W LEG TOTAL N LEG S LEG E LEG W LEG TOTAL NL SL EL WL TOTAL NL SL EL WL TOTAL 7:00 AM 0 0 1 0 1 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0
7:15 AM 0 0 2 1 3 0 0 2 0 2 0 0 0 1 1 0 0 0 0 0
7:30 AM 0 0 2 2 4 0 0 0 2 2 0 0 2 0 2 0 0 0 0 0
7:45 AM 0 0 1 1 2 0 0 1 1 2 0 0 0 0 0 0 0 0 0 0
8:00 AM 1 0 5 1 7 0 0 3 0 3 1 0 2 1 4 0 0 0 0 0
8:15 AM 2 0 2 2 6 0 0 1 2 3 1 0 1 0 2 1 0 0 0 1
TOTAL 3 0 13 7 23 0 0 8 5 13 2 0 5 2 9 1 0 0 0 1
2:00 PM 1 0 1 1 3 1 0 0 1 2 0 0 1 0 1 0 0 0 0 0
2:15 PM 2 0 3 2 7 1 0 2 1 4 1 0 1 1 3 0 0 0 0 0
2:30 PM 2 0 2 2 6 1 0 2 2 5 1 0 0 0 1 0 0 0 0 0
2:45 PM 3 0 3 4 10 2 0 1 3 6 1 0 2 1 4 0 0 0 0 0
3:00 PM 3 0 2 4 9 2 0 1 3 6 1 0 1 1 3 0 0 0 0 0
3:15 PM 4 0 2 4 10 4 0 2 3 9 0 0 0 1 1 0 0 0 0 0
3:30 PM 7 0 2 4 13 6 0 0 4 10 1 0 2 0 3 0 0 0 0 0
3:45 PM 8 0 5 6 19 8 0 5 6 19 0 0 0 0 0 0 0 0 0 0
4:00 PM 3 0 4 0 7 0 0 2 0 2 3 0 2 0 5 0 0 0 0 0
4:15 PM 1 0 2 1 4 0 0 2 0 2 1 0 0 1 2 0 0 0 0 0
TOTAL 34 0 26 28 88 25 0 17 23 65 9 0 9 5 23 0 0 0 0 0

BICYCLE & SCOOTER CROSSINGS SCHOOL AGE PED

AMPM AM
7:30 AM
PM
3:15 PM
ALL PED + BIKE & SCOOTER PEDESTRIAN CROSSINGS

INTERSECTION TURNING MOVEMENT COUNTS
PREPARED BY: AimTD LLC. tel: 714 253 7888 [email protected]
Orange
N Tustin St
E Briardale Ave

U-TURNS
N Tustin St N Tustin St E Briardale Ave Taft Ave
1 332
Attachment 2:

CITY OF ORANGE

DEPARTMENT OF PUBLIC WORKS - TRAFFIC SECTION

CRITERIA FOR THE PLACEMENT OF AN ADULT CROSSING GUARD
(K thru 6th Grade)
Location: Crossing_________________________at______________________________ School(s): _______________________________________________________________ Type of Control: _________________________________________________________ If uncontrolled closest controlled crossing: Distance (ft)________Type________________

WARRANTS
Must meet the basic requirements in Sections I, II, and any one of the other requirements in Section III.

Basic Requirements Satisfied?
Section I
The guard is for school students K thru 6 grades.

Section II
Pedestrian count must be at least 20 elementary school children crossing the street during the morning or 20 elementary school children crossing the street during the afternoon release time.

Time______-_______ Date__________ Day________
Time______-_______ Date__________ Day________
Yes No
Yes No
Crossing North South East West
Pedestrians
Crossing North South East West
Pedestrians
333
C. Crossings Controlled by Traffic Signals Satisfied?

1. Where the vehicular turning movements on green indication exceed 300 per hour through the crosswalk where elementary school children must cross.

Yes No
** Protected left do not
conflict with pedestrian
**Protected left turns do not
conflict with pedestrians
334
California MUTCD 2014 - Section 7D.02 Date: 3/12/2025
School: Cambridge Elementary School
Control Type: Signalized
Major Street: Tustin Street Critical Approach Speed: 40 mph Minor Street: Walnut Avenue Critical Approach Speed: 35 mph Warrant must meet the requirements of at least one criteria to be satisfied Adult Crossing Guard Warrant Satisfied? NO
Data
Requirement
Satisfied?
Warrant
Satisfied?
(1) Cross a public highway; and
Tustin Street and Walnut Avenue
are both public roads
Yes
(2) at least 40 school pedestrians for each of any two hours (not necessarily consecutive) daily use the crossing while going to or from school. 4 School Pedestrians (S) from
7:30 AM to 8:30 AM
12 School Pedestrians (S) from
2:15 PM to 3:15 PM
No
At uncontrolled crossings where there is no alternate controlled crossing within 600 feet; and
No
(a) In urban areas where the vehicular traffic volume exceeds 350 during each of any two hours (not necessarily consecutive) in which 40 or more school pedestrians cross daily while going to or from school; or Urban Area;
XXX traffic volume at XX AM
and XXX traffic volume at XX
AM
No
(b) In rural areas where the vehicular traffic volume exceeds 300 during each of any two hours (not necessarily consecutive) in which 30 or more school pedestrians cross daily while going to or from school N/A No
At a stop sign-controlled crossing:

Where the vehicular traffic volumes on undivided highways of four or more lanes exceeds 500 per hour during any period when the school pedestrians are going to or from school
At traffic signal-controlled crossings:
(a) Where the number of vehicular turning movements through the school crosswalk exceeds 300 per hour while school pedestrians are going to or from school; or
477 VPH (S) AM and 431 VPH
(S) PM
Yes
(b) Where justified through analysis of the operations of the intersection N/A No Other criteria that may be considered in an engineering study include:

A. Special situations make it necessary to assist elementary school pedestrians in crossing the street;
B. A change in the school crossing location is being made, but prevailing conditions require school crossing supervision until the change is constructed and it is not reasonable to install another form of traffic control or technique for this period
N/A No
Observations
• Three lanes in each direction on Tustin Street, with one additional left-turn lane in both the northbound and southbound direction; Seven total lanes at the north and south leg of the intersection on Tustin Street • Four total lanes at the east and west leg of the intersection on Walnut Avenue • On-street parking permitted in both directions on Walnut Avenue • On-street parking prohibited on Tustin Street

05.2 No

05.3 Yes
No
03 Undivided and X lanes;
XXX traffic volume at XX
No
N/A No
Adult Crossing Guard Warrant Criteria
Criteria Description
Tustin Street at Walnut Avenue

05.1 04 No
No
Warrant must meet the requirements of at least one criteria to be satisfied 335
T020624
DATE: LOCATION: PROJECT #: SC4979
Thu, Nov 21, 24 NORTH & SOUTH: LOCATION #: 42
EAST & WEST: CONTROL: SIGNAL
NOTES: AM ▲
PM N
MD ◄ W E ►
OTHER SOTHER ▼

NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND

NL NT NR SL ST SR EL ET ER WL WT WR TOTAL NB SB EB WB TTL LANES: 1 3 0 1 3 0 1 1 1 1 1 1 0 0 0 0
7:00 AM 14 108 10 7 269 9 9 5 36 54 4 8 533 0 0 0 0 07:15 AM 10 101 9 8 362 23 8 5 38 60 11 16 651 0 0 0 0 07:30 AM 23 145 12 2 334 44 20 20 47 66 28 19 760 2 1 0 0 37:45 AM 30 185 15 14 399 28 29 18 31 45 20 25 839 1 0 0 0 18:00 AM 38 145 23 12 360 21 21 21 38 68 29 30 806 2 2 0 0 48:15 AM 45 176 34 13 410 17 19 13 48 50 29 21 875 1 0 0 0 1 VOLUMES 160 860 103 56 2,134 142 106 82 238 343 121 119 4,473 6 3 0 0 9APPROACH % 14% 76% 9% 2% 91% 6% 25% 19% 56% 59% 21% 20%APP/DEPART 1,129 / 1,088 2,335 / 2,721 426 / 241 583 / 423 0 BEGIN PEAK HRVOLUMES 136 651 84 41 1,503 110 89 72 164 229 106 95 3,289 6 3 0 0APPROACH % 16% 74% 10% 2% 91% 7% 27% 22% 50% 53% 25% 22%PEAK HR FACTOR 0.856 0.939 0.934 0.846 0.939 APP/DEPART 877 / 838 1,657 / 1,902 325 / 197 430 / 352 0 01:30 PM 27 225 27 12 248 26 21 10 31 32 8 13 680 0 1 0 0 1 1:45 PM 19 209 31 7 231 28 16 13 27 31 11 15 638 4 1 0 0 52:00 PM 34 248 26 13 234 34 20 6 44 32 10 10 711 4 0 0 0 42:15 PM 26 236 30 14 230 23 33 24 39 28 15 11 709 2 1 0 0 32:30 PM 35 234 30 9 237 29 20 11 45 34 15 26 725 1 1 0 0 22:45 PM 28 245 30 20 307 22 33 23 53 35 15 15 826 1 1 0 0 23:00 PM 32 303 29 11 241 26 26 19 40 38 13 16 794 1 1 0 0 23:15 PM 38 409 48 19 249 25 18 21 30 35 12 6 910 1 1 0 0 23:30 PM 51 475 40 7 228 23 30 21 37 30 13 17 972 0 3 0 0 33:45 PM 45 372 38 21 265 15 21 24 54 35 23 20 933 1 3 0 0 4 VOLUMES 335 2,956 329 133 2,470 251 238 172 400 330 135 149 7,926 15 13 0 0 28APPROACH % 9% 81% 9% 5% 86% 9% 29% 21% 49% 54% 22% 24%APP/DEPART 3,635 / 3,356 2,867 / 3,215 810 / 634 614 / 721 0 BEGIN PEAK HRVOLUMES 166 1,559 155 58 983 89 95 85 161 138 61 59 3,620 3 8 0 0APPROACH % 9% 83% 8% 5% 86% 8% 28% 25% 47% 53% 24% 23%PEAK HR FACTOR 0.832 0.936 0.861 0.827 0.928 APP/DEPART 1,883 / 1,721 1,138 / 1,285 341 / 298 258 / 316 0 N Tustin St

NORTH LEG
E Walnut Ave WEST LEG EAST LEG E Walnut Ave

SOUTH LEG
N Tustin St

N LEG S LEG E LEG W LEG TOTAL N LEG S LEG E LEG W LEG TOTAL NL SL EL WL TOTAL NL SL EL WL TOTAL 7:00 AM 1 3 3 1 8 0 2 2 1 5 1 0 1 0 2 0 1 0 0 1 7:15 AM 4 0 0 1 5 1 0 0 1 2 0 0 0 0 0 3 0 0 0 3 7:30 AM 2 5 4 1 12 2 3 3 1 9 0 1 0 0 1 0 1 1 0 2 7:45 AM 0 0 3 2 5 0 0 2 2 4 0 0 0 0 0 0 0 1 0 1 8:00 AM 4 3 2 5 14 1 1 2 3 7 0 0 0 2 2 3 2 0 0 5 8:15 AM 11 9 6 5 31 7 6 5 1 19 0 2 1 0 3 4 1 0 4 9 TOTAL 22 20 18 15 75 11 12 14 9 46 1 3 2 2 8 10 5 2 4 21 1:30 PM 2 0 0 0 2 1 0 0 0 1 1 0 0 0 1 0 0 0 0 0 1:45 PM 6 5 1 3 15 4 4 1 2 11 0 1 0 1 2 2 0 0 0 2 2:00 PM 0 0 2 2 4 0 0 1 1 2 0 0 1 0 1 0 0 0 1 1 2:15 PM 1 2 2 4 9 0 2 2 2 6 1 0 0 2 3 0 0 0 0 0 2:30 PM 3 9 10 2 24 1 1 1 1 4 0 0 1 1 2 2 8 8 0 18 2:45 PM 9 5 4 9 27 7 1 2 5 15 2 0 2 1 5 0 4 0 3 7 3:00 PM 4 1 5 4 14 1 0 1 1 3 2 1 3 0 6 1 0 1 3 5 3:15 PM 4 5 0 2 11 3 4 0 2 9 1 1 0 0 2 0 0 0 0 0 3:30 PM 3 1 4 3 11 3 1 4 2 10 0 0 0 1 1 0 0 0 0 0 3:45 PM 8 6 2 11 27 8 3 2 8 21 0 0 0 0 0 0 3 0 3 6 TOTAL 40 34 30 40 144 28 16 14 24 82 7 3 7 6 23 5 15 9 10 39

U-TURNS
N Tustin St N Tustin St E Walnut Ave E Walnut Ave

INTERSECTION TURNING MOVEMENT COUNTS
PREPARED BY: AimTD LLC. tel: 714 253 7888 [email protected]
Orange
N Tustin StE Walnut Ave

BICYCLE & SCOOTER CROSSINGS SCHOOL AGE PED
AMPM AM 7:30 AM
PM
3:00 PM
ALL PED + BIKE & SCOOTER PEDESTRIAN CROSSINGS
336
1 Attachment 2:

CITY OF ORANGE

DEPARTMENT OF PUBLIC WORKS - TRAFFIC SECTION

WARRANTS
Must meet the basic requirements in Sections I, II, and any one of the other requirements in Section III.

Basic Requirements Satisfied?
Section I
The guard is for school students K thru 6 grades.

Time______-_______ Date__________ Day________
Time______-_______ Date__________ Day________
Yes No
Yes No
Crossing North South East West
Pedestrians
Crossing North South East West
Pedestrians
337

1. Where the vehicular traffic volume on a four-lane street is at least 500 per hour through the crosswalk where the elementary school children must cross.

2. When traffic records indicate high incidences of citations being issues for failure to STOP, or a high incidence of vehicular collisions with failure to STOP as the chief cause.

Yes No
Yes No
B. Crossings Controlled by Boulevard STOP signs Satisfied? 338 California MUTCD 2014 - Section 7D.02 Date: 12/19/2024
School: Chapman Hills Elementary
Control Type: Stop Controlled
Major Street: White Oak Ridge Critical Approach Speed: 35 mph Minor Street: Trail Ends Lane Critical Approach Speed: 25 mph Warrant must meet the requirements of at least one criteria to be satisfied Adult Crossing Guard Warrant Satisfied? NO
Data
Requirement
Satisfied?
Warrant
Satisfied?
(1) Cross a public highway; and Crosses a public highway Yes (2) at least 40 school pedestrians for each of any two hours (not necessarily consecutive) daily use the crossing while going to or from school. 1 School Pedestrian (N) from
7:15 AM - 8:15 AM
2 School Pedestrians (S) from
2:30 PM to 3:130 PM
No
At uncontrolled crossings where there is no alternate controlled crossing within 600 feet; and
No
(a) In urban areas where the vehicular traffic volume exceeds 350 during each of any two hours (not necessarily consecutive) in which 40 or more school pedestrians cross daily while going to or from school; or Urban Area;
XXX traffic volume at XX AM
and XXX traffic volume at XX
AM
No
(b) In rural areas where the vehicular traffic volume exceeds 300 during each of any two hours (not necessarily consecutive) in which 30 or more school pedestrians cross daily while going to or from school N/A No
At a stop sign-controlled crossing:

Where the vehicular traffic volumes on undivided highways of four or more lanes exceeds 500 per hour during any period when the school pedestrians are going to or from school
At traffic signal-controlled crossings:
(a) Where the number of vehicular turning movements through the school crosswalk exceeds 300 per hour while school pedestrians are going to or from school; or
XXX turning movements per
hour
No
(b) Where justified through analysis of the operations of the intersection Observation No Other criteria that may be considered in an engineering study include:

A. Special situations make it necessary to assist elementary school pedestrians in crossing the street;
B. A change in the school crossing location is being made, but prevailing conditions require school crossing supervision until the change is constructed and it is not reasonable to install another form of traffic control or technique for this period
N/A No
Observations
• Center Median on Trails End Lane with two lanes in each direction; on-street parking is prohibited in both directions • One lane in each direction and undivided roadway on White Oak Ridge; on-street parking is prohibited in all directions except for the eastbound direction on west leg of White Oak Ridge adjacent to Santiago Hills Park • Crosswalk on all four legs of the intersection
• White Oak Ridge is slightly curved

05.2 No

05.3 No
No
03 Divided by center median on
Trail Ends Lane; Undivided with
one lane in each direction on
White Oak Ridge
No
N/A No
Adult Crossing Guard Warrant Criteria
Criteria Description
White Oak Ridge at Trail Ends Lane

05.1 04 No
No
Warrant must meet the requirements of at least one criteria to be satisfied 339
T020624
DATE: LOCATION: PROJECT #: SC4979
Thu, Nov 21, 24 NORTH & SOUTH: LOCATION #: 43
EAST & WEST: CONTROL: STOP ALL
NOTES: AM ▲
PM N
MD ◄ W E ►

OTHER S
OTHER ▼

NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND

NL NT NR SL ST SR EL ET ER WL WT WR TOTAL NB SB EB WB TTL LANES: 0 1 0 0.5 0.5 1 1 1 0 1 1 0 0 0 0 0
7:00 AM 1 0 0 1 1 4 8 3 1 0 6 13 38 0 0 0 0 0
7:15 AM 1 0 0 2 0 2 10 6 3 0 4 13 41 0 0 0 0 0
7:30 AM 1 1 1 2 2 3 7 7 1 0 8 18 51 0 0 0 0 0
7:45 AM 2 0 0 3 3 2 9 6 5 1 9 19 59 0 0 0 0 0
8:00 AM 3 4 1 6 2 2 11 6 7 1 6 18 67 0 0 0 0 0
8:15 AM 1 3 1 9 1 6 10 7 4 0 4 21 67 0 0 0 0 0
VOLUMES 9 8 3 23 9 19 55 35 21 2 37 102 323 0 0 0 0 0
APPROACH % 45% 40% 15% 45% 18% 37% 50% 32% 19% 1% 26% 72% APP/DEPART 20 / 165 51 / 32 111 / 61 141 / 65 0

BEGIN PEAK HR
VOLUMES 7 8 3 20 8 13 37 26 17 2 27 76 244 0 0 0 0
APPROACH % 39% 44% 17% 49% 20% 32% 46% 33% 21% 2% 26% 72% PEAK HR FACTOR 0.563 0.641 0.833 0.905 0.910
APP/DEPART 18 / 121 41 / 27 80 / 49 105 / 47 0
01:30 PM 0 1 0 7 1 2 5 2 1 0 6 10 35 0 0 0 0 0
1:45 PM 2 1 0 12 3 5 5 6 1 0 7 9 51 0 0 0 0 0
2:00 PM 0 0 0 8 2 3 3 5 1 1 9 7 39 0 0 0 0 0
2:15 PM 2 1 0 5 4 5 2 7 3 2 6 10 47 0 0 0 0 0
2:30 PM 0 15 1 8 6 5 6 12 4 0 7 14 78 0 1 0 0 1
2:45 PM 1 1 1 8 0 5 6 4 3 0 9 10 48 0 0 0 0 0
3:00 PM 2 2 1 8 2 10 7 8 1 0 3 6 50 0 0 0 0 0
3:15 PM 1 0 0 12 2 6 8 6 2 0 10 11 58 0 0 0 0 0
3:30 PM 1 1 0 7 2 7 7 8 2 1 10 12 58 0 0 0 0 0
3:45 PM 1 2 1 9 2 22 10 12 1 4 16 9 89 0 0 0 0 0
VOLUMES 10 24 4 84 24 70 59 70 19 8 83 98 554 0 1 0 0 1 APPROACH % 26% 63% 11% 47% 13% 39% 40% 47% 13% 4% 44% 52% APP/DEPART 38 / 182 179 / 51 148 / 158 189 / 163 0

BEGIN PEAK HR
VOLUMES 5 5 2 36 8 45 32 34 6 5 39 38 255 0 0 0 0
APPROACH % 42% 42% 17% 40% 9% 51% 44% 47% 8% 6% 48% 46% PEAK HR FACTOR 0.600 0.674 0.783 0.707 0.716
APP/DEPART 12 / 75 89 / 19 72 / 72 82 / 89 0
Trails End Ln

NORTH LEG
E White Oak Ridge WEST LEG EAST LEG E White Oak Ridge

SOUTH LEG
Trails End Ln

N LEG S LEG E LEG W LEG TOTAL N LEG S LEG E LEG W LEG TOTAL NL SL EL WL TOTAL NL SL EL WL TOTAL 7:00 AM 1 2 1 1 5 1 2 1 1 5 0 0 0 0 0 0 0 0 0 0
7:15 AM 3 4 1 0 8 3 3 1 0 7 0 1 0 0 1 0 0 0 0 0
7:30 AM 4 7 3 3 17 3 6 2 3 14 1 1 1 0 3 0 0 0 0 0
7:45 AM 1 2 1 1 5 1 2 1 1 5 0 0 0 0 0 0 0 0 0 0
8:00 AM 2 5 0 1 8 1 5 0 1 7 0 0 0 0 0 1 0 0 0 1
8:15 AM 1 2 2 0 5 0 2 2 0 4 1 0 0 0 1 0 0 0 0 0
TOTAL 12 22 8 6 48 9 20 7 6 42 2 2 1 0 5 1 0 0 0 1
1:30 PM 0 3 2 1 6 0 2 1 0 3 0 1 0 0 1 0 0 1 1 2
1:45 PM 4 1 0 1 6 1 1 0 1 3 3 0 0 0 3 0 0 0 0 0
2:00 PM 1 1 0 1 3 1 1 0 1 3 0 0 0 0 0 0 0 0 0 0
2:15 PM 2 2 3 1 8 1 2 1 0 4 1 0 2 0 3 0 0 0 1 1
2:30 PM 2 1 1 2 6 2 1 0 2 5 0 0 1 0 1 0 0 0 0 0
2:45 PM 3 7 0 3 13 2 3 0 3 8 1 2 0 0 3 0 2 0 0 2
3:00 PM 3 2 0 1 6 2 2 0 1 5 1 0 0 0 1 0 0 0 0 0
3:15 PM 4 1 2 1 8 2 1 0 1 4 2 0 2 0 4 0 0 0 0 0
3:30 PM 2 3 1 2 8 2 2 0 2 6 0 1 1 0 2 0 0 0 0 0
3:45 PM 2 2 1 1 6 1 1 1 1 4 1 1 0 0 2 0 0 0 0 0
TOTAL 23 23 10 14 70 14 16 3 12 45 9 5 6 0 20 0 2 1 2 5

BICYCLE & SCOOTER CROSSINGS SCHOOL AGE PED

AMPM AM
7:30 AM
PM
3:00 PM
ALL PED + BIKE & SCOOTER PEDESTRIAN CROSSINGS

INTERSECTION TURNING MOVEMENT COUNTS
PREPARED BY: AimTD LLC. tel: 714 253 7888 [email protected]
Orange
Trails End Ln
E White Oak Ridge

U-TURNS
Trails End Ln Trails End Ln E White Oak Ridge E White Oak Ridge 1 340

APPENDIX C

CITATION DATA
341
Stop-Controlled Crossings
Citation and Collision Statistics
November 1, 2019 – October 31, 2024
Intersection Citations Collisions
California St / Adams Ave 2 0
Cambridge St / Adams Ave 0 1
Cambridge St / Walnut Ave 16 2
Cambridge St / Sycamore Ave 2 0
Rancho Santiago Bl / Walnut Ave 3 0
Handy St / Oakmont Ave 25 0
White Oak Ridge / Trails End Ln 1 0
342
STREET CROSS STREET SCHOOL NAME STAFFED?
Prospect Street Spring Street Prospect Elementary School Almond Avenue Pepper Street West Orange Elementary
Cambridge Street Adams Avenue California Inspire Academy Cambridge Street Glendale Avenue Taft Elementary School  Cannon Street San Juan Drive Linda Vista Elementary 
Fletcher Avenue American Way Fletcher Gate Academy 
Handy Street Collins Avenue Handy Elementary 
Hewes Steet Jordan Avenue Jordan Elementary School 
La Veta Avenue Malena Drive La Veta Elementary 
Palmyra Avenue California Street Palmyra Elementary School  Santiago Boulevard Serrano Avenue Serrano Elementary School Spring Street Seranado Street Prospect Elementary School Spring Street Virage Avenue Prospect Elementary School  California Street Quincy Avenue California Inspire Academy  Cambridge Street Sycamore Avenue Cambridge Elementary School  Cambridge Street Walnut Avenue Cambridge Elementary School  Prospect Street Palmyra Avenue McPherson Magnet School  Almond Avenue Batavia Street West Orange Elementary 
Almond Avenue Main Street West Orange Elementary
Cambridge Street Collins Avenue California Inspire Academy Cambridge Street Katella Avenue California Inspire Academy Cambridge Street Palmyra Avenue Palmyra Elementary School Canyon View Avenue Aspen Street Chapman Hills Elementary  Esplanade Street Jordan Avenue Jordan Elementary School Fletcher Avenue Batavia Street Fletcher Gate Academy
Glassell Street La Veta Avenue Holy Family School
Glassell Street Wilson Avenue / Adams Avenue California Inspire Academy Handy Street Oakmont Avenue Handy Elementary
La Veta Avenue Prospect Street La Veta Elementary
La Veta Avenue Yorba Street La Veta Elementary
Lewis Street Lampson Avenue Lampson Elementary
Linda Vista Street Elsinore Avenue Linda Vista Elementary Palm Avenue Batavia Street Sycamore Elementary
Palm Avenue Main Street Sycamore Elementary 
Palmyra Avenue Tustin Street Palmyra Elementary School  Rancho Santiago Boulevard Walnut Avenue Santiago Charter Middle School Santiago Boulevard Meats Avenue Serrano Elementary School Santiago Boulevard Taft Avenue Serrano Elementary School Serrano Avenue Kendra Loop Anaheim Hills Elementary
Shaffer Street Quincy Avenue California Inspire Academy Tustin Street Briardale Avenue Taft Elementary School
Tustin Street Walnut Avenue Cambridge Elementary School White Oak Ridge Trail Ends Lane Chapman Hills Elementary TIER 2 ( 12 LOCATION)
Meets City of Orange Crossing Guard Warrant
TIER 1 ( 1 LOCATION)
Meets CA MUTCD Crossing Guard Warrant
TIER 3 ( 4 LOCATION)
Characteristics that merit consideration such as having 80% of the vehicle and pedestrian volume TIER 4 ( 26 LOCATION)
Does not meet CA MUTCD, City of Orange Crossing Guard Warrant or have characteristics that merit consideration 1 343
Proposed Crossing Guard Locations:

1. Prospect St & Spring St (Prospect Elementary)

2. Almond Ave & Pepper St (West Orange Elementary)

3. Cambridge St & Adams Ave (California Inspire Academy)

4. Cambridge St & Glendale Ave (Taft Elementary)

5. Cannon St & San Juan Dr (Linda Vista Elementary)

6. Fletcher Ave & American Way (Flecther Gate Academy)

7. Handy St & Collins Ave (Handy Elementary)

8. Hewes St & Jordan Ave (Jordan Elementary)

9. La Veta Ave & Malena Dr (La Veta Elementary)

10. Palmyra Ave & California St (Palmyra Elementary)

11. Santiago Blvd & Serrano Ave (Serrano Elementary)

12. Spring St & Seranado St (Prospect Elementary)

13. Spring St & Virage Ave (Prospect Elementary)

14. California St & Quincy Ave (California Inspire Academy)

15. Cambridge St & Sycamore Ave (Cambridge Elementary)

16. Cambridge St & Walnut Ave (Cambridge Elementary)

17. Prospect St & Palmyra Ave (McPherson Magnet)
344
Agenda Item
City Council
Item #: 3.4. 6/10/2025 File #: 25-0227
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Agreement with Turboscape, Inc. for annual replenishment of certified engineered wood chips to maintain safe fall zones in City tot lots (playgrounds).

2. SUMMARY
A four-year agreement with Turboscape, Inc. to provide annual replenishment of certified engineered wood chips to maintain safe fall zones for 13 City park tot lots (playgrounds) per the American Society for Testing and Materials Specification. The four-year agreement total is not to exceed $140,000.

3. RECOMMENDED ACTION
Approve the agreement with Turboscape, Inc. in the amount of $140,000 for annual replenishment of certified engineered tot-lot wood chips; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this four-year agreement will be included in the Fiscal Year 2025-2026 General Fund budget request in the amount of $140,000 and will be funded through General Fund (100):
100.7022.51420.00000 Maintenance Contracts

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Objective 3.7: Continue to offer high quality and efficient city led recreation programs.

6. DISCUSSION AND BACKGROUND
The Community and Library Services Department maintains 17 tot lots (playgrounds) at 16 City parks. All playgrounds are required to have a safety surface that meets the American Society for Testing and Materials (ASTM) Standard Specification for Impact Attenuation of Surfacing Materials Within the Use Zone of Playground Equipment (ASTM F1292-99). Of the 17 playgrounds, 13 utilize certified engineered tot-lot wood chips to meet these safety requirements. Wood chips are maintained at a minimum depth of 12” (recommended). Contract services are utilized to replenish the wood chips to each playground on an annual basis. The current service agreement expires June 30, 2025, requiring a new agreement for these services.

A request for bids (Bid No. 24-25.16) was advertised for annual replenishment of certified engineered City of Orange Page 1 of 2 Printed on 6/4/2025 powered by Legistar™345
Item #: 3.4. 6/10/2025 File #: 25-0227
A request for bids (Bid No. 24-25.16) was advertised for annual replenishment of certified engineered tot-lot wood chips in February 2025. Bids included a unit (cubic yard) cost for certified wood chips, including delivery, for each year of the four-year agreement. Three bids were received:

Company City Location Year One
(per cubic
yard cost)
Year Two
(per cubic
yard cost)
Year Three
(per cubic
yard cost)
Year Four
(per cubic
yard cost)

1. Turboscape, Inc. Lake Elsinore, CA $51.00 $52.50 $54.00 $55.50

2. Jet Mulch, Inc. Capitola, CA $57.48 $59.78 $62.17 $64.66

3. Master Landscape &
Maintenance, Inc
Westminster, CA $191.00 $197.00 $203.00 $209.00
Turboscape, Inc. (Turboscape) submitted the lowest responsible bid per cubic yard for each of the four years. Staff verified the qualifications of the contractor with references provided. Turboscape is also the current contractor and has provided acceptable service over the course of the existing agreement. Based on the annual cubic yard costs, all 13 playgrounds that utilize certified wood chips can be maintained at the recommended minimum depth.

The term of the agreement is from July 1, 2025 through June 30, 2029. The total not to exceed amount of the four-year agreement is $140,000, with the first year of the agreement to be in an amount not to exceed $35,000. Funding for this amendment has been programmed in the proposed FY2025-2026 operating budget. Each year of the remaining term of the agreement is dependent upon City Council approval as a part of the annual budget process.

7. ATTACHMENTS
· Agreement with Turboscape, Inc.

City of Orange Page 2 of 2 Printed on 6/4/2025
powered by Legistar™346
Agenda Item
City Council
Item #: 3.4. 6/10/2025 File #: 25-0227
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Agreement with Turboscape, Inc. for annual replenishment of certified engineered wood chips to maintain safe fall zones in City tot lots (playgrounds).

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Objective 3.7: Continue to offer high quality and efficient city led recreation programs.

A request for bids (Bid No. 24-25.16) was advertised for annual replenishment of certified engineered City of Orange Page 1 of 2 Printed on 6/4/2025 powered by Legistar™347
Item #: 3.4. 6/10/2025 File #: 25-0227
A request for bids (Bid No. 24-25.16) was advertised for annual replenishment of certified engineered tot-lot wood chips in February 2025. Bids included a unit (cubic yard) cost for certified wood chips, including delivery, for each year of the four-year agreement. Three bids were received:

Company City Location Year One
(per cubic
yard cost)
Year Two
(per cubic
yard cost)
Year Three
(per cubic
yard cost)
Year Four
(per cubic
yard cost)

1. Turboscape, Inc. Lake Elsinore, CA $51.00 $52.50 $54.00 $55.50

2. Jet Mulch, Inc. Capitola, CA $57.48 $59.78 $62.17 $64.66

7. ATTACHMENTS
· Agreement with Turboscape, Inc.

City of Orange Page 2 of 2 Printed on 6/4/2025
powered by Legistar™348

MAINTENANCE SERVICES AGREEMENT
[Tot-Lot Engineered Wood Fiber Replenish Program (Bid No. 24-25.16)]

THIS MAINTENANCE SERVICES AGREEMENT
Orange, California, on this _____day of __________________, 2025 by and between the CITY OF ORANGE, a mun TURBOSCAPE, INC., a California corporation who agree as follows.

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

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

David Nobbs, Parks Maintenance Supervisor
to whom Contractor will report for the performance of services hereunder. It is understood that his/her design
Contractor shall be perform

2. Total Compensation, Annual Compensation and Fee Schedule. a.

Agreement, shall not exceed ONE HUNDRED FORTY THOUSAND DOLLARS and 00/100 ($140,000.00) without the prior written authorization of City. b. The compensation for services performed under this Agreement shall be paid as specified
c. The above fee shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto and equipment rental, and all related expenses.

3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. 349
2 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.

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.

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

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

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

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

8. Designated Persons. Except as otherwise authorized by City 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 an assignment or subcontracting may be approved by the City Manager or his/her designee. 350
3 10. Term. The term of this Agreement shall be for four (4) years, commencing on July 1, 2025, and ending on June 30, 2029.

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. Damages. If the Contractor does not perform the work in question within the time specified in the notice to proceed or fails to continue to comply, the City may then complete the work by City forces, by letting the unfinished work or services to another contractor, or by a combination of such methods. In any event, the cost of completing the work shall be charged against the Contractor and may be deducted from any money due or becoming due from the City. In the even the Contractor does not perform the work in question, the City has no obligation to pay the contractor for work not performed.

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

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

15. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for 351
4 employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a 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
(1) Any and all claims under workers compensation acts and other employee benefit acts with respect to Contractor or subcontractor s employees arising out of Contractor , including any and all claims under any law pertaining 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 of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on o
by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. b. Reserved.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

352
5 18. Insurance.
a. Contractor shall carry 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 compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, nonowned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the general liability insurance or commercial general liability policy. An additional endorsement naming the City of Orange as Additional Insured shall be provided to City along with the certificate of insurance.
f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above. g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days prior written notice to City.
h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor. 353
6 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 pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement.

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

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

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

354
7 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- loyees; and (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.
f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. g. All personnel performing any services to City under this Contract shall possess sufficient experience and security records to perform the work at public facilities. Contractor shall conduct and complete, to satisfaction, sufficient background checks to ensure no personnel performing services under this Contract is listed on the National Sex Offender Public Registry employees performing services under this Contract are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety. h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contractor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Contract. City has the right, 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 355
8 shall remove that employee from providing services to City to the extent permitted by law and any an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract. i. Contractor agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

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

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

Turboscape, Inc. City of Orange
PO Box 1062 300 E. Chapman Avenue
Lake Elsinore, CA 92531 Orange, CA 92866-1591
Attn: Rebecca Metoyer Attn: David Nobbs
Telephone: 866-887-2672 Telephone: 714-532-6468
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.
[Signatures on the next page]

356
9 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

CONTRACTOR TURBOSCAPE, INC., a California corporation CITY OF ORANGE, a municipal corporation *By: By:

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

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

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

Clint Hannon
President
Rebecca Metoyer
Office Manager / Secretary
357

SCOPE OF SERVICES
[Beneath this sheet.]
358
Exhibit A - Page 1 of 8
B
Company Name (Bidder)
BID
TO THE CITY COUNCIL OF THE CITY OF ORANGE:

In compliance with the notice inviting bids, plans, specifications and other contract documents for the construction of Bid No. 24-25.16; TOT-LOT ENGINEERED WOOD FIBER REPLENISH PROGRAM, the undersigned has carefully examined: the location of the proposed work, character, quality and quantity of work to be performed, conditions to be encountered, materials to be furnished and as to the requirements of the plans, specifications and other contract documents; agrees that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination; and proposes to furnish all labor, materials, tools, and equipment necessary to complete the work in accordance with said plans, specifications and other contract documents at the following unit or lump sum prices set forth in the schedule.

If awarded the contract, the undersigned agrees to commence the work on under the contract at the direction of the contract administrator after the date of issuance by City of Orange of a Notice to Proceed, and complete said work for within four years from the first day of commencement of such work unless legal extension is granted in accordance with the terms set forth in the specifications.

The undersigned agrees that the foregoing estimate of quantities of work to be done and materials to be furnished are approximate only, being given as basis for the comparison of bids.

The undersigned agrees that the City will not be held responsible if any of the approximate quantities shown in the foregoing proposal shall be found incorrect, and shall not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of work as estimated and the work actually done. If any error, omission or mis-statement shall be discovered in the estimated quantities, it shall not invalidate this contract or release the undersigned from the execution and completion of the whole or part of the work herein specified, in accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefore, or excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or compensation otherwise than as provided for in this contract.

The undersigned agrees that the City shall have the right to increase or decrease the quantity of any bid item or portion of the work or to omit portions of the work as may be deemed necessary or expedient, and that the payment for incidental items of work not separately provided in the proposal shall be considered included in the price bid for other various items of work.

Accompanying this bid is ($ )
NOTICE: Insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Orange to guarantee that the bidder will, if awarded the contract, promptly execute such contract in accordance with the proposal and in the manner and form required by the contract documents, and will furnish good and sufficient bonds for the faithful performance of the same.

The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Orange as liquidated damages in case this proposal is withdrawn by the undersigned and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 15 days after the bidder has received written notice of the award of the contract; otherwise, said security shall be returned to the undersigned.

Turboscape, Inc.
359
B
Bidder hereby declares in writing, under penalty of perjury that all employees who will be performing labor, maintenance, delivery, installation or repair, will be those who are legally entitled to live and work in the United States. Further, the bidder as employer agrees to provide documentary proof of such eligibility (when requested by the City of any other authorized entity or agency).

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage wise the unit price or item total in the City of Orange Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular.

Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of Orange, and that discretion will be exercised in the manner deemed by the City of Orange, to best protect the public interest in the prompt and economical completion of the work. The decision of the City of Orange respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

Exhibit A - Page 2 of 8
360
B
PROJECT DESCRIPTION:

The City of Orange, CA, a Municipal Corporation, is inviting informal bids for a 4-year agreement to provide Certified Engineered Tot-Lot Wood Fiber, also known as wood chips to twelve (12) Playground Sites on an as needed basis per request of City’s contract administrator.

GENERAL PROVISIONS:

1. NOTE: All construction work shall be performed in adherence to the City of Orange Public Works Standard Plans and Specifications (available at the Public Works counter for NONREFUNDABLE charge of $12.00 ($15.00 if mailed) and the current edition of the “Green Book” for ‘Standard Specifications for Public Works Construction’.

2. Contractor shall, at all times, carry valid insurance which meets all City of Orange insurance requirements as outlined in Attachment No.1.

3. Contractor shall pay prevailing wages per the current Department of Industrial Relations wage rate (including all scheduled increases) and furnish Certified Payroll Reports for all workdays.

4. The contractor is responsible for carrying all pertinent licenses/permits for accomplishing this work.

5. All maintenance work shall conform to the specifications contained in the Request for Bids and any subsequent Agreements.

6. Contractor shall be required to provide a $1,000.00 deposit for use of a City water meter on a City fire hydrant if required. The Contractor shall be charged $2.00/day for water meter rental and shall be responsible for all water charges associated with project.

7. Working hours will be per City of Orange ordinance. Weekend work will only take place with permission from the City of Orange.

SCOPE OF WORK AND PROJECT SPECIFICATIONS:

SITE PREPARATION:

1. Supply all equipment and labor necessary for the described work within this Request For Bids (RFB).

2. The contractor is responsible for making himself familiar with all existing site conditions at the various Park sites within the City of Orange including all ingress/egress access and all amenities that are to be protected, as well as existing plant material that is to be protected in place.

3. At the conclusion of each day’s work, the contractor shall remove all tools and equipment from the project site. The project site shall be left each day in a clean, neat and safe condition.

SCOPE OF WORK:

1. Blow-in Installation required (from street) as requested by City’s contract administrator.

2. Replenishment at each tot lot to occur every year based on need. First year, it is anticipated that approximately 800 cu yds. will be needed in the Spring. Additionally, approximately 600 to 800 cu yds. will be needed in each of the years two through four.

3. Provide cubic yard cost for material to include installation (including any applicable taxes or fees.).

4. No driving within parks, tot lots are located within 200’ of streets or parking lots, with one exception where park access will be possible. Communication and coordination with City’s contract administrator will be required for this effort.

5. Four (4) year replenishing program - Agreement period - July 1, 2025 through June 30, 2029.

6. Chips to meet all CPSC, ADA, and ASTM Standards; contractor to provide 1qt size Ziploc sample with bid proposal. Product certification to be submitted with bid. Chips should be free of foreign Exhibit A - Page 3 of 8
361
B
material, pests or other matter not consistent with or conductive to healthy human contact and play activity.

7. Delivery of Chips to occur within two calendar weeks of placement of order.

8. Certification of above standards to be provided with each invoice.

SPECIAL INSTRUCTIONS:

1. The contractor is responsible for the repair of any existing site amenities, concrete, landscape, irrigation lines or sprinklers that are damaged during the implementation of this work. Any and all replacement work will be performed to the satisfaction of the City of Orange.

2. Any damages to City or residential property resulting from the contractor’s work shall be repaired or replaced at the contractor’s expense to the satisfaction of the City of Orange.

3. If/when street closures are required in completion of this work; the contractor must first gain permission from the City of Orange.

4. The contractor is required to provide and post appropriate signage directing/re-directing any and all pedestrian traffic in appropriate directions, per City of Orange.

5. The contractor is required to provide with the submittal of Bid not less than 3 references indicating:
• A description of work including location/address and approximate cost of job. • A contact name and phone number for City of Orange staff to call and verify work. • Work references must demonstrate commensurate/equal type of experience and skill.

6. The contractor is required to provide the name, title and telephone number of the individual to whom correspondence and communication should be directed during the duration of this work. Said individual is to have full knowledge of this work and the ability to consult/discuss with the City.

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

PROJECT SITES:
(12) Twelve City of Orange Park Sites:

Address:

Hart Park (6,080 sq. ft.) 701 S. Glassell St., Orange, CA 92866 McPherson Athletic Center (9,000 sq. ft.) 333 S. Prospect Avenue, Orange, CA 92869 La Veta Park (5,760 sq. ft.) 3705 E. La Veta Avenue, Orange, CA 92867 Santiago Hills Park (3,560 sq. ft.) 8040 E. White Oak Ridge, Orange, CA 9286 Handy Park (5,695 sq. ft.) 2143 E. Oakmont Avenue, Orange, CA 92867 Grijalva Park (6,560 sq. ft.) 368 N. Prospect Avenue, Orange, CA 92869 Eisenhower Park (8,600 sq. ft.) 2864 N. Tustin St., Orange, CA 92865 (2 tot lots) Olive Park (3,450 sq. ft.) 2841 N. Glassell St., Orange, CA 92865 Shaffer Park (9,828 sq. ft.) 1930 N. Shaffer St., Orange, CA 92865 Belmont Park (4,125 sq. ft.) 4536 E. Via Escola Avenue, CA 92865 Exhibit A - Page 4 of 8
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B
El Camino Real Park (2,600 sq. ft.) 400 N. Main St., Orange, CA 92868 Killefer Park (3,480 sq. ft.) 615 N. Lemon St., Orange, CA 92866 Estimated total sq. ft. of all tot lots = 68,738 sq. ft.

Exhibit A - Page 5 of 8
363
B
TIMELINE (APPROXIMATE):

1. Deadline for questions regarding project/RFB: February 20, 2025 by 2:00 p.m.

2. Bids due/bid opening: March 6, 2025 by 2:00 pm.

3. Presentation to City Council: May 27, 2025

4. Notice to Proceed: TBD

5. Work to be completed by: TBD
All questions, requests for clarification, and comments shall be sent to the City by e-mail, and must be clearly titled “Written Questions”. All such e-mails shall be sent to Dave Nobbs, Parks Maintenance Supervisor, at [email protected] by February 20, 2025 by 2:00 p.m. The City shall not be responsible for its failure to respond to e-mail questions that have not been titled as such, and that have not been sent directly to Mr. Nobbs.

The stated bid amount below constitutes the total dollar amount to perform the work described in the above scope of services and is to include all that is required to provide the work product and/or install all materials required to complete the work to a professional workmanship standard, and to install and apply all materials per all manufacturer’s specifications and recommendations.

Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow 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.

BID SUBMISSION:

Provide response to the above REQUEST FOR BIDS on attached Bid Sheet and return all pages of the Request for Bids including the scope and specification sections. Bids must be received by the City Clerk’s Office by 2:00 P.M. on March 6, 2025 via Electronic Bid Submission, or at the City of Orange, City Clerk’s Office located at: 300 East Chapman Avenue, Orange CA 92866.

OPTION 1:

Electronic Bids may be submitted through the following link at Electronic Bid Submissions and must include all required attachments listed in the Request for Bid document. 1-6.1.3 Procedure for Proposal Submittal
Each bid shall be made on blank proposal forms provided by the City of Orange and shall be accompanied with a certified or cashier's check or a bid bond for not less than 10% of the amount of bid, made payable to the City of Orange. For electronic bid submittals, wet signed bid bond shall be submitted to the City and must be received no later than five (5) calendar days following the bid opening deadline. No proposal shall be considered unless this requirement is met. Within seven (7) calendar days following the bid opening deadline, the lowest bidder shall submit the liability insurance as described in Section 5-4 to the City. A sample of insurance is included in Appendix A.

Exhibit A - Page 6 of 8 364
B
OPTION 2:

Responses may be sent via U.S. Mail or delivered personally to the office of the City Clerk at the address listed above. Please provide three copies of bid packets.

BID PACKETS MUST BE LABELLED APPROPRIATELY:

RFB 24-25.16 – Four Year Tot Lot Engineered Wood Fiber Replenish Program Attn: City of Orange, City Clerk’s Office
The City reserves the right to reject any and all Bids and any item or items therein, and to waive any non-conformity of Bids with this Request for Bid, whether of a technical or substantive nature, as the interest of the City may require.

RFB 24-25.16

TOT LOT ENGINEERED WOOD FIBER REPLENISH PROGRAM

BID SHEET
Date: ___________
Bid Submitted by:

Company Name: _
Address: _
Phone Number:

E-mail Address:

Contact Name:

Signature of Responsible Officer or Employee Print Name

PROJECT SITES
Location Names: Hart Park, McPherson Park, La Veta Park, Santiago Hills Park, Handy Park, Grijalva Park, Eisenhower Park (2 sites), Olive Park, Shaffer Park, Belmont Park, El Camino Park, Killefer Park Addresses: (see page B-5 and B-6 for addresses)
Contact Name: Dave Nobbs, Parks Maintenance Supervisor
Phone #: 714-532-6468
2/7/2025
Rebecca Metoyer
Turboscape, Inc.

PO Box 1062
Lake Elsinore, CA 92531
(866) 887-2672
[email protected]; [email protected]
Rebecca Metoyer
Rebecca Metoyer
Exhibit A - Page 7 of 8 365
B
Fax #: 714-744-7251
E-Mail Address: [email protected]
The stated bid amount below constitutes the total dollar amount to perform the work described in the above scope of services to include all that is required to provide the work product and/or install all materials required to complete the work to a professional workmanship standard, and to install and apply all materials per all manufacturer’s specifications and recommendations.

BID AMOUNT (per cubic yard install regardless of annual quantity):
• Including any applicable taxes or fees
• Bid must include sample certification of material to be used Year one $ __________per cubic yard
Year two $ __________per cubic yard
Year three $ __________per cubic yard
Year four $ __________per cubic yard

51.00 52.50

54.00 55.50
Exhibit A - Page 8 of 8 366

COMPENSATION FOR SERVICES
[Beneath this sheet.]
367
COMPENSATION FOR TURBOSCAPE, INC.

TOT-LOT ENGINEERED WOOD FIBER REPLENISH PROGRAM

FOUR-YEAR TERM
JULY 1, 2025 TO JUNE 30, 2029
Aggregate Agreement Total Compensation Amount = $140,000.00 Exhibit B - Page 1 of 1
Sub-Term Time Frame Max Billable Rate Per Cubic Yard Not-to-Exceed Annual Amount YEAR 1: 07/01/2025 through 6/30/2026 $51.00 $35,000.00
YEAR 2: 07/01/2026 through 6/30/2027 $52.50 $35,000.00
YEAR 3: 07/01/2027 through 6/30/2028 $54.00 $35,000.00
YEAR 4: 07/01/2028 through 6/30/2029 $55.50 $35,000.00
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Agenda Item
City Council
Item #: 3.5. 6/10/2025 File #: 25-0229
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
First Amendment to Agreement with Bio Aquatics Lake Management LLC, for continued lake, pond, and stream maintenance services at Eisenhower Park.

2. SUMMARY
This amendment is to exercise the City’s right to extend the term of this agreement for one year, with the extension commencing on July 1, 2025, and terminating on June 30, 2026, in an annual amount not to exceed $40,040.

3. RECOMMENDED ACTION
Approve the First Amendment to the agreement with Bio Aquatics Lake Management LLC in the amount of $40,040 for continued lake, pond, and stream maintenance services at Eisenhower Park for Fiscal Year 2025-26; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment will be included in the Fiscal Year 2025-2026 General Fund budget request in the amount of $40,040 and will be funded through General Fund (100):
100.7022.51420.00000 Maintenance Contracts

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Objective 3.7: Continue to offer high quality and efficient city led recreation programs.

6. DISCUSSION AND BACKGROUND
The City currently has a one-year agreement with Bio Aquatics Lake Management LLC (Bio Aquatics), to provide lake, pond, and stream maintenance services at Eisenhower Park. Eisenhower Park is a destination park, primarily due to the value the lake, pond, and stream contribute to the overall character of the park. Proper maintenance of the water features is important in providing a clean and safe aquatic environment for wildlife (including fish, turtles, birds, etc.), fishing, and the enjoyment of all park visitors. The Community and Library Services Department maintains the lake, pond, and stream through contracted services.

The current one-year agreement for lake, pond, and stream maintenance services expires June 30, 2025. Approval of this first amendment will allow the City’s current contractor, Bio Aquatics, to continue to provide lake, pond, and stream maintenance services from July 1, 2025 until June 30, City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.5. 6/10/2025 File #: 25-0229
continue to provide lake, pond, and stream maintenance services from July 1, 2025 until June 30, 2026.

The total amount for this first amendment is $40,040, which includes a 10 percent contingency of $3,640 for unforeseen lake maintenance repairs that may be needed. The amendment will be funded by the General Fund (100). Sufficient funding for this amendment has been programmed in the proposed FY2025-26 operating budget. Approval of this amendment will increase the aggregate agreement total to an amount not to exceed $80,080.

7. ATTACHMENTS
· First Amendment to Agreement with Bio Aquatics Lake Management LLC City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.5. 6/10/2025 File #: 25-0229
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
First Amendment to Agreement with Bio Aquatics Lake Management LLC, for continued lake, pond, and stream maintenance services at Eisenhower Park.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Objective 3.7: Continue to offer high quality and efficient city led recreation programs.

The current one-year agreement for lake, pond, and stream maintenance services expires June 30, 2025. Approval of this first amendment will allow the City’s current contractor, Bio Aquatics, to continue to provide lake, pond, and stream maintenance services from July 1, 2025 until June 30, City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.5. 6/10/2025 File #: 25-0229
continue to provide lake, pond, and stream maintenance services from July 1, 2025 until June 30, 2026.

7. ATTACHMENTS
· First Amendment to Agreement with Bio Aquatics Lake Management LLC City of Orange Page 2 of 2 Printed on 6/4/2025
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FIRST AMENDMENT
TO

MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for Eisenhower Park Lake & Stream] THIS FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of __________________, 2025 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and BIO AQUATICS LAKE MANAGEMENT LLC, a California limited liability company (“Contractor”), with reference to the following.

A. City and Contractor entered into an Agreement (Agreement No.7745) dated as of June 25, 2024 which is incorporated herein by this reference (the “Original Agreement”); and B. City and Contractor desire to modify, amend and supplement certain portions of the Original Agreement by extending an additional one year of the initial term of the original agreement and to increase the compensation for provision of an increased quantity of services.

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 referenced in Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to allow for contractor’s provision of an additional year of services per the “Optional Extension Term” at the annual rate established in Exhibit B.

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 THIRTY-SIX THOUSAND FOUR HUNDRED DOLLARS and 00/100 ($36,400.00). Section 2.b of the Original Agreement is increased by THREE THOUSAND SIX HUNDRED FORTY and 00/100 ($3,640.00) for additional contingencies.

Sections 2.c is hereby amended in its entirety to read as follows:
c. “The total amount of compensation under this Agreement, including contingencies, shall not exceed SEVENTY-EIGHT THOUSAND ONE HUNDRED FIFTY-FIVE DOLLARS and 00/100 ($78,155.00)."
373
2 Section 5. Term. Pursuant to Section 10 of the Original Agreement, the City hereby extends the Term of this Agreement to reflect the Extension Term, commencing on July 1, 2025 and terminating on June 30, 2026.

Section 6. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page] 374
375
EXHIBIT “B”
[Behind this page.]
376
Exhibit B page 1 of 1
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Agenda Item
City Council
Item #: 3.6. 6/10/2025 File #: 25-0242
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Steven Scardina, Information Technology Manager

1. SUBJECT
Agreement with Doerschel and Associates, LLC for TV and AV Production Support.

2. SUMMARY
Since 2015, the City has utilized Doerschel and Associates, LLC for broadcast production support and maintenance services. With the current agreement expiring on June 30, 2025, staff recommends the City Council approve a three-year agreement with Doerschel and Associates, LLC to continue these services in collaboration with Chapman University.

3. RECOMMENDED ACTION
Approve the agreement with Doerschel and Associates, LLC in the amount of $354,780 for Television and Audio-Visual Production Support Services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The annual expense for this agreement is $118,260 and will be funded through the Public, Educational, and Government Access Fund and Other Professional & Consulting Services:
130.0000.51700.20067 Contractual Services (Labor and Maintenance) $28,260 780.1601.51670.00000 Other Professional & Consulting Services $90,000

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology.

6. DISCUSSION AND BACKGROUND
For several years, the City of Orange has utilized two entities to assist with its local broadcast services - Doerschel and Associates, LLC (Doerschel) and Chapman University (Chapman). Where Doerschel provides technical support, maintenance, and equipment installation, Chapman manages local access Channel 6 while staffing a production crew for Brown Act body meetings, community events, and up to five remote meetings per year (e.g., public meetings held at community centers).

With the current agreement expiring on June 30, 2025, staff recommends a three-year agreement with Doerschel ending June 30, 2028. The new agreement offers the same services with additional production support during City Council and Planning Commission meetings.

The proposed agreement will be funded through the City’s General Fund as well as the City’s City of Orange Page 1 of 2 Printed on 6/4/2025 powered by Legistar™378
Item #: 3.6. 6/10/2025 File #: 25-0242
The proposed agreement will be funded through the City’s General Fund as well as the City’s available Public, Educational, and Government Access Funds.

7. ATTACHMENTS
· Agreement with Doerschel and Associates
City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.6. 6/10/2025 File #: 25-0242
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Steven Scardina, Information Technology Manager

1. SUBJECT
Agreement with Doerschel and Associates, LLC for TV and AV Production Support.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology.

The proposed agreement will be funded through the City’s General Fund as well as the City’s City of Orange Page 1 of 2 Printed on 6/4/2025 powered by Legistar™380
Item #: 3.6. 6/10/2025 File #: 25-0242
The proposed agreement will be funded through the City’s General Fund as well as the City’s available Public, Educational, and Government Access Funds.

7. ATTACHMENTS
· Agreement with Doerschel and Associates
City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.7. 6/10/2025 File #: 25-0279
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
First Amendment to Agreement with Academy Electric, Inc. for additional electrical repairs and maintenance at park facilities in an amount of $20,000.

2. SUMMARY
An amendment to increase allowable contractual expenditures for additional unexpected electrical repairs at park facilities during Fiscal Year 2024-2025, in an amount not to exceed $20,000 for a revised four-year agreement total of $182,272.

3. RECOMMENDED ACTION
Approve the First Amendment with Academy Electric, Inc. in the amount of $20,000 for additional electrical repairs and maintenance; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $20,000 (annual amount) and will be funded through General Fund (100):
100.7022.51420.00000 Maintenance Contracts
A portion of the funding for this Amendment is being used to accommodate subrogation work which will offset the General Fund expenditures once reimbursement is received.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life.

6. DISCUSSION AND BACKGROUND
The Community and Library Services Department oversees the maintenance of all parks’ electrical systems and utilizes contract services for preventative maintenance, scheduled repairs, and emergency repairs. Preventative electrical maintenance protects systems from failure resulting from old components and ensures the safety and dependability of park facilities. In addition, preventative maintenance has proven effective in prolonging the life of the electrical infrastructure and minimizing down time due to electrical issues. These services are largely provided by the Department’s contractor, Academy Electric, Inc., who was awarded a four-year Agreement in 2023 to provide electrical maintenance and repair services for City parks. The contractor has successfully performed preventative maintenance during the current fiscal year and addressed minor electrical repairs as City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.7. 6/10/2025 File #: 25-0279
preventative maintenance during the current fiscal year and addressed minor electrical repairs as needed within the annual contract and contingency amount.

On occasion, it is necessary for emergency electrical repairs to be made promptly to avoid safety issues or the closure of public park areas. A portion of the Agreement’s compensation is dedicated to addressing these issues; however, due to the variable nature of the repairs on an annual basis, the amount set aside for unexpected repairs may vary.

The current maximum allowable expenditure for both preventative maintenance and unexpected repairs is $40,568 per year, including annual contingency, the majority of which has been expended for FY 2024-2025 (FY25). However, two substantive electrical unplanned repairs have recently been deemed necessary, and the repair costs will exceed the available agreement amount. The first additional repair is to remove and replace the electric motor and winch assembly for one of the basketball backboards at the Grijalva Sports Center gymnasium. This repair to the currently nonfunctional backboard is needed given that the hoop is used for various athletic programs, some of which are revenue generating. The second repair is to procure and install a new LED light pole fixture along a walking path at Handy Park. An existing pole was accidentally knocked down by a contractor during tree maintenance service and needs to be replaced. The contractor is cooperating with the City regarding subrogation.

The cumulative cost of the two unexpected repairs along with minor year-end additional preventative maintenance will not exceed $20,000, with approximately half of that total being reimbursable for subrogation work upon completion. Therefore, an amendment to increase the allowable annual expenditure by $20,000 is being requested for Council approval.

7. ATTACHMENTS
· First Amendment to the Agreement with Academy Electric, Inc.

City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.7. 6/10/2025 File #: 25-0279
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
First Amendment to Agreement with Academy Electric, Inc. for additional electrical repairs and maintenance at park facilities in an amount of $20,000.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life.

6. DISCUSSION AND BACKGROUND
The Community and Library Services Department oversees the maintenance of all parks’ electrical systems and utilizes contract services for preventative maintenance, scheduled repairs, and emergency repairs. Preventative electrical maintenance protects systems from failure resulting from old components and ensures the safety and dependability of park facilities. In addition, preventative maintenance has proven effective in prolonging the life of the electrical infrastructure and minimizing down time due to electrical issues. These services are largely provided by the Department’s contractor, Academy Electric, Inc., who was awarded a four-year Agreement in 2023 to provide electrical maintenance and repair services for City parks. The contractor has successfully performed preventative maintenance during the current fiscal year and addressed minor electrical repairs as City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.7. 6/10/2025 File #: 25-0279
preventative maintenance during the current fiscal year and addressed minor electrical repairs as needed within the annual contract and contingency amount.

7. ATTACHMENTS
· First Amendment to the Agreement with Academy Electric, Inc.

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EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES
Contractor shall provide additional contractual services as described in the scope of services of the agreement in an increased quantity during FY 25, and as further described in this exhibit on pages two and three. The amounts included in the table below pertain only to the current fiscal year, and future terms will include only items and amounts included in the original agreement. The scope of services for items A1 and A2 in the table below are further described on the following pages of this exhibit, and item A3 will be performed in quantities and as directed by City Staff on an as needed basis in accordance with the original agreement.

Amendment No. 1 Supplemental Fee Table
Item # Service Type Amount
A1 Handy Park Light Pole Replacement $ 9,500.00
A2 Grijalva Sports Center Backboard Motor $ 4,975.00
A3 Additional Preventative Maintenance FY 24-25 $ 3,705.00 Contingency N/A $ 1,820.00
Supplemental Fee Total = $ 20,000.00
[CONTINUED ON FOLLOWING TWO PAGES]
EXHIBIT "A" PAGE 1 OF 4
403
ATTACHMENT NO. 1

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

Provide electrical troubleshooting and repairs as required.

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

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

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

Material costs must be detailed in all invoices.

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

Criteria:

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

Conductors:

Check and evaluate main feeders — underground branch circuits.

Motors:

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

Pump and/ or Vent Fans:

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

Wetwell End Switches & Pumps:

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

EXHIBIT "A" PAGE 2 OF 4 404
DocuSign Envelope ID: 8C41 BB5F-8E62-436A-BACB-54EBF69333FB Control Panels:

Tighten all terminal lugs & torque with no Lox
Check power supply voltage
Test induction relays
Test heater block build- up
Check cooling apparatus
Replace filters
Clean soot and scum
Remove dirt & material buildup
Check for proper connection of motor leads & perform internal testing
Perform necessary Infra- red readings
Exercise circuit breakers
Clean and inspect transformers:

Tighten all terminal lugs & torque with no Lox
Check power supply voltage
Test induction relays
Test heater block build- up
Check cooling apparatus
Replace filters
Clean soot and scum
Remove dirt& material buildup
Check for proper connection of motor leads & perform internal testing
Perform necessary Infra- red readings
Internal Testing:

Check and record voltage to motor
Check motor amperage start up draw
Inspect relay and starter contacts
Clean inside control panel
Calibrate & adjust controllers and transducers as needed Ground Power Vaults / Ground Sprinkler Solenoid Vaults:

Level and check drainage
Re- pigtail aged terminations and weatherproof terminals Seal and secure vaults
Replacement parts, when required, are not included in this Bid and such parts will be provided by Contractor with City representative' s approval. The Bid shall include rates for emergency and afterhours call- out service, " on call", for potential emergency situations. Preventative maintenance services shall include one journeyman tech and service truck, tools, and equipment to complete tasks portal to portal.

EXHIBIT "A" PAGE 3 OF 4 405
DocuSign Envelope ID: 8C41BB5F- 8E62- 436A- BACB- 54EBF69333FB Exhibit A: Page 8 of 40
BID PROPOSAL NOTE:

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

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

EXHIBIT "A" PAGE 4 OF 4
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Agenda Item
City Council
Item #: 3.8. 6/10/2025 File #: 25-0283
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with AGA Engineers, Inc. for on-call signal timing and traffic engineering services.

2. SUMMARY
This agreement authorizes AGA Engineers, Inc. to provide signal timing and traffic engineering services on an as-needed basis.

3. RECOMMENDED ACTION
Approve the agreement with AGA Engineers, Inc. in the amount of $60,000 for on-call signal timing and traffic engineering services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $60,000 and will be funded through Traffic Improvement - Measure M2 (263) and Capital Projects (500) respectively:
263.5032.56100.16304 CIP-Biennial Traffic Signal Coordination $30,000 500.5032.56100.16302 CIP - Signal-Minor Traffic Control $30,000

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
On-call engineering contracts provide access to specialized services and enable staff to manage significantly more work than otherwise would be possible.

Staff previously solicited proposals using a Request for Qualifications/Proposals process for on-call traffic engineering services to augment the City’s professional traffic engineering capabilities and to provide high quality, timely expertise and support where needed. As a result of that process, ten firms were selected by an evaluation committee to the City’s bench of on-call traffic engineering consultants, including AGA Engineers, Inc. (AGA). AGA has demonstrated expertise in signal timing and other on-call traffic engineering services. The firm currently provides similar services to other public agencies in Orange County.

Through the proposed agreement, AGA will support Traffic Engineering staff by evaluating traffic City of Orange Page 1 of 2 Printed on 6/4/2025
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Through the proposed agreement, AGA will support Traffic Engineering staff by evaluating traffic signal timing requests, including preparing and implementing new signal timing plans at various signalized intersections as needed. Many arterial streets have coordinated signal timing, and any adjustments must be carefully assessed to preserve traffic progression (minimize delays) along the main corridor while addressing individual concerns or requests from the motoring public.

As a full-service traffic engineering firm, AGA may also support staff in other areas beyond traffic signal timing. Examples of other tasks include performing studies related to neighborhood traffic management requests, designing traffic signal and communication system modification plans, developing signing and striping plans, and preparing installation plans for the deployment of miscellaneous minor traffic control devices.

All services under this agreement will be performed on an as-needed, task-by-task basis. The agreement is not to exceed $60,000 and will be funded through Biennial Traffic Signal Coordination (263.5032.56100.16304) and Minor Traffic Control Devices (500.5032.56100.16302). Both accounts already include sufficient funds for this on-call agreement and no appropriation is being requested.

7. ATTACHMENTS
· Agreement with AGA Engineers, Inc.

City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.8. 6/10/2025 File #: 25-0283
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with AGA Engineers, Inc. for on-call signal timing and traffic engineering services.

2. SUMMARY
This agreement authorizes AGA Engineers, Inc. to provide signal timing and traffic engineering services on an as-needed basis.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
On-call engineering contracts provide access to specialized services and enable staff to manage significantly more work than otherwise would be possible.

Through the proposed agreement, AGA will support Traffic Engineering staff by evaluating traffic City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.8. 6/10/2025 File #: 25-0283
Through the proposed agreement, AGA will support Traffic Engineering staff by evaluating traffic signal timing requests, including preparing and implementing new signal timing plans at various signalized intersections as needed. Many arterial streets have coordinated signal timing, and any adjustments must be carefully assessed to preserve traffic progression (minimize delays) along the main corridor while addressing individual concerns or requests from the motoring public.

7. ATTACHMENTS
· Agreement with AGA Engineers, Inc.

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Agenda Item
City Council
Item #: 3.9. 6/10/2025 File #: 25-0295
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Second Amendment to Agreement with LSL, LLP for annual financial audit and reporting services and a one-year term extension.

2. SUMMARY
The original agreement with LSL, LLP for financial audit services was for three years, with two optional one-year extensions. Staff is recommending the Second Amendment to the existing agreement to execute the second one-year extension; and for the addition of financial reporting services, which include the preparation and submission of the Annual Comprehensive Financial Report (ACFR) and the State Controller’s Report.

3. RECOMMENDED ACTION
Approve the second amendment to agreement with LSL, LLP to initiate a second extension year and the additional of services for the preparation and submission of the Annual Comprehensive Financial Report (ACFR) and the State Controller’s Report and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this amendment is $72,880 and will be funded through the General Fund (100), Sanitation and Sewer Fund (220), Air Pollution and Reduction Fund (245), CDBG Fund (310), HOME Fund (317), Asset Seizure Fund (355), Water Utility Operations Fund (600), Low and Moderate Income Housing Fund (921), and Successor Agency (940) respectively:
100.1231.51630.00000 Accounting and Auditing Services $49,410 220.5022.51630.00000 Accounting and Auditing Services$3,677 245.1231.51630.00000 Accounting and Auditing Services$1,288 310.9640.51630.11110 Accounting and Auditing Services$3,015 317.9660.51630.11110 Accounting and Auditing Services$1,206 355.4011.51630.00000 Accounting and Auditing Services$1,809 600.1222.51630.00000 Accounting and Auditing Services$8,273 921.9810.51630.00000 Accounting and Auditing Services$1,905 940.9810.51630.00000 Accounting and Auditing Services$2,298 City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.9. 6/10/2025 File #: 25-0295

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability Objective 2.9: Create a fiscal sustainability plan

6. DISCUSSION AND BACKGROUND
In 2021, the City entered into a three-year agreement with LSL, LLP, formerly Lance, Soll, Lunghard, LLP, for financial auditing services. The original agreement was for fiscal years ending June 30, 2021, 2022, and 2023, with the option to extend the agreement for two additional terms of one year each. The City exercised one extension for the fiscal year ending June 30, 2024. Staff recommends exercising the final option to extend for one additional year for the fiscal year ending June 30, 2025.

This would be the last year of an audit with current financial software as the City is transitioning to a new Enterprise Resource Planning (ERP) financial software. There is an anticipated go-live date of July 2025. Retaining LSL through the fiscal year ending June 30, 2025, enables the City to benefit from a team that is already familiar with the current system and financials. Staff will begin the RFP process for a new contract in Fall 2025.

7. ATTACHMENTS
· Second Amendment to Agreement with LSL, LLP
City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.9. 6/10/2025 File #: 25-0295
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Second Amendment to Agreement with LSL, LLP for annual financial audit and reporting services and a one-year term extension.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability Objective 2.9: Create a fiscal sustainability plan

7. ATTACHMENTS
· Second Amendment to Agreement with LSL, LLP
City of Orange Page 2 of 2 Printed on 6/4/2025
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February 8, 2023
City of Orange
Katrin Bandhauer, Assistant Director of Finance
300 E. Chapman Ave.

Orange, CA 92866
Lance, Soll & Lunghard, LLP is pleased to respond to your request to amend our current contract with the City to provide additional services not originally included within the scope of work of the original contract. As a leader in the field of governmental accounting and auditing, we appreciate this opportunity given to us to provide additional services to the City. We understand the additional services requested to be the following: (1) preparation of, including word processing and printing of the City’s Annual Comprehensive Financial Report, in accordance with the requirements and standards of the Government Finance Officers Association, and (2) the preparation and submission of the City’s Annual Financial Transactions Report required by the State of California’s State Controller’s Office. These services will be performed for each year remaining on our current contract with the City which provides for services through the 2022/23 fiscal year with optional renewal periods through the 2024/25 fiscal year.

Preparation of the Annual Comprehensive Financial Report This service includes:

1. Preparing the basic financial statements, footnotes, required supplementary information, and supplementary information presented in the Annual Comprehensive Financial Report utilizing trial balances, ledgers, schedules, and other information provided to us by the City.

2. Word processing, formatting, proofing, and providing three (3) electronic drafts of the Annual Comprehensive Financial Report for the City’s review prior to issuing the final report.

3. Printing and binding up to 20 hard copies for distribution by the City to the necessary parties and the postage necessary to deliver those hard copies to the City.

This service does not include:

1. Preparation of the management’s discussion and analysis, statistical section, and other introductory section documents, including the transmittal letter. These items remain management’s responsibility, but will be reviewed, edited, and formatted as necessary for consistency with the basic financial statements.

2. Content creation for any unique graphic or artistic pages, including covers, page dividers, etc. If these items are requested, they may be provided to us for incorporation into the final document. 203N.BreaBlvd.,Suite 203 Brea,CA92821 456
Our fees for this service will be billed on an hourly basis at our standard hourly rates as disclosed in our existing contract with the City, and are estimated to be between $5,000 but not to exceed $10,000. The fee is based on the estimated number of hours (40) and the level and position of staff required to prepare the document.

Preparation of the State Controller’s Report
This service includes:

1. Preparing the State Controller’s Report in the format required by the State Controller’s Office by the deadline of January 31 of each year, and providing an electronic copy of the Report to the City’s management for review prior to submission.

2. Submitting the Report electronically to the State Controller’s Office on behalf of the City.

3. Responding to any follow up or questions on the Report provided by the State Controller’s Office on behalf of the City.

Our fee for this service is a flat fee of $5,100, and is based on the estimated number of hours (40) and the level and position of staff required to prepare the document.

We greatly appreciate this opportunity to provide additional premier services to the City. This proposal is a firm and irrevocable offer for a period no less than 90 calendar days from the date of submittal. For purposes of this proposal, Ryan Domino, Partner is authorized to make representations for our firm. I can be reached at the address below, by phone at (714) 672-0022 or by email at [email protected].

Ryan Domino, Partner

LANCE, SOLL & LUNGHARD, LLP
203 N. Brea Blvd., Suite 203
Brea, CA 92821
457
Agenda Item
City Council
Item #: 3.10. 6/10/2025 File #: 25-0305
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with South Coast Automation Systems, Inc. for the technical support services to the Supervisory Control and Data Acquisition system.

2. SUMMARY
The Public Works Department issued a Request for Proposal for Technical Support Services for the City’s Supervisory Control and Data Acquisition system (RFP No. 24-25.22) on April 4, 2025. Two proposals were received and reviewed by City staff. South Coast Automation Systems was ranked as the top service provider.

3. RECOMMENDED ACTION
Approve the agreement with South Coast Automation Systems, Inc. in the amount of $225,000.00 for Technical Support Services to the Supervisory Control and Data Acquisition system; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $75,000.00 and will be funded through Water Fund (600):
600.8011.56510.18912 Water Plant Telemetry

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology.

6. DISCUSSION AND BACKGROUND
The Supervisory Control and Data Acquisition (SCADA) system provides automation necessary to monitor and control the City’s drinking water system. The existing SCADA system was installed in 2021 and has been operating as intended. To ensure that the SCADA system continues to operate efficiently, the Public Works Department has requested proposals for technical support from qualified consultants.

The RFP was made available to companies on April 4, 2025. Information about the project was available on the City’s website. Proposals were received from the following companies on the proposal due date of April 28, 2025:

City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.10. 6/10/2025 File #: 25-0305
· SoCal SCADA Solutions
· South Coast Automation Systems, Inc.

Three City staff members reviewed the proposals. The following selection criteria was listed in the RFP and used by the selection committee to evaluate the proposals:
· Overview and understanding of project (15 points).
· Description of work (25 points).
· Relevance of experience (30 points).
· Project team (20 points).
· Schedule & fees (10 points).

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

1. South Coast Automation Systems, Inc. 296 points out of 300

2. SoCal SCADA Solutions 285 points out of 300

3. Tesco Controls, Inc. Did not submit proposal
The proposal from South Coast Automation Systems (SCAS), Inc., was well written, responded directly to the RFP requirements, and indicated a solid ability to perform the scope of work. SCAS, Inc. has a list of qualified technical and support personnel, many with over 10 years of experience.

SCAS, Inc. is a reliable company which the City has used for programming and maintenance of its SCADA system in the past. For these reasons, staff recommends awarding the professional services agreement to SCAS, Inc.

The initial term of the agreement will cover three fiscal years, beginning July 1, 2025 and expiring on June 30, 2028, with two, one-year optional extensions. Approval of the extensions will be based upon performance and will be executed by the City Manager. The cost for the initial year is $75,000, and the initial three-year agreement is not to exceed $225,000.

7. ATTACHMENTS
· Agreement with South Coast Automation Systems
· Rating Summation
City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.10. 6/10/2025 File #: 25-0305
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Agreement with South Coast Automation Systems, Inc. for the technical support services to the Supervisory Control and Data Acquisition system.

4. FISCAL IMPACT
The expense for this agreement is $75,000.00 and will be funded through Water Fund (600):
600.8011.56510.18912 Water Plant Telemetry

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology.

City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.10. 6/10/2025 File #: 25-0305
· SoCal SCADA Solutions
· South Coast Automation Systems, Inc.

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

1. South Coast Automation Systems, Inc. 296 points out of 300

2. SoCal SCADA Solutions 285 points out of 300

7. ATTACHMENTS
· Agreement with South Coast Automation Systems
· Rating Summation
City of Orange Page 2 of 2 Printed on 6/4/2025
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PROFESSIONAL SERVICES AGREEMENT
[SCADA System Annual Technical Support Services]

THIS PROFESSIONAL SERVICES AGREEMENT
WKH ³$JUHHPHQW¥
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Orange, California, on this _____ day of ______________, 2025 (WKH³(IIHFWLYH'DWH¥ E\DQG
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DQG SOUTH COAST
AUTOMATION SYSTEMS, a California corporation (³Contractor¥), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor VKDOOSURYLGHWRWKHUHDVRQDEOHVDWLVIDFWLRQRI&LW\WKHVHUYLFHVVHWIRUWKLQ([KLELW³$¥ which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual FRXUVHRI&LW\¶VEXVLQHVVDQG&LW\UHOLHVRQ&RQWUDFWRU¶VUHSUHVHQWDWLRQWKDWLWLVLQGHSHQGHQWO\ engaged in the business of providing such services and is experienced in performing the work.

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

Sonny Tran
³Assistant Water 0DQDJHU¥
VKDOO EHWKHSHUVRQWRZKRPContractor will
report for the performance of services hereunder. It is understood that Contractor¶VSHUIRUPDQFH hereunder shall be under the supervision of City¶V 3URMHFW0DQDJHU RU KLVKHU GHVLJQHH
WKDW
Contractor shall coordinate its services hereunder with City¶V 3URMHFW 0DQDJHU WR WKH H[WHQW required by City¶V3URMHFW0DQDJHUDQGWKDWDOOSHUIRUPDQFHVUHTXLUHGKHUHXQGHUE\Contractor shall be performed to the satisfaction of City¶V3URMHFW0DQDJHUDQGthe City Manager.

2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed TWO HUNDRED TWENTY-FIVE THOUSAND DOLLARS and 00/100 ($225,000.00) without the prior written authorization of City. b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

2.1 Term and Extension(s).
a. The Initial Term of this Agreement is three (3
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commencing on July 1, 2025 and expiring on June 30. 2028; provided, however, that City has the 462
2 right to extend the term of this Agreement for the following extensions and upon the following terms:
x )LUVW([WHQVLRQ
WKH³)LUVW([WHQVLRQ7HUP¥
FRPPHQFLQJ-XO\1, 2028, and terminating
June 30, 2029, in an annual amount not to exceed SEVENTY-FIVE THOUSAND DOLLARS and 00/100 ($75,000.00) without the prior written authorization of City; x 6HFRQG ([WHQVLRQ
WKH ³6HFRQG ([WHQVLRQ 7HUP¥
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terminating June 30, 2030, in an annual amount not to exceed SEVENTY-FIVE THOUSAND DOLLARS and 00/100 ($75,000.00) 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 (if at all) no later than thirty (30) days prior to the Expiration Date of the then-current term; provided, however, that City's notice of its intention to extend the term of this Agreement for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation set forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Agreement not later than thirty (30) days prior to the Expiration Date of then-current term, it is possible that the City Council's approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter. Accordingly, if the City Council fails to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, 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 and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed services under the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Agreement. Except as specifically set forth herein, the terms and conditions of each Extension will be the same as the Initial Agreement.
c. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agreement reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.

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.
463
3 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. &LW\¶V3URMHFW0DQDJHULVDXWKRUL]HGWRDSSURYHDUHGXFWLRQLQWKH services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor DQGVKDOOEHVLJQHGE\WKH&LW\¶V3URMHFW0DQDJHU&LW\0DQDJHURU&LW\&RXQFLODVDSSOLFDEOH.

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

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

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

8. Designated Persons. Only those qualified persons authorized by City¶V3URMHFW Manager, RUDVGHVLJQDWHGLQ([KLELW³$¥ shall perform work provided for under this Agreement. 464
4 It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

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

10. Time of Completion. ([FHSWDVRWKHUZLVHVSHFLILHGLQ([KLELW³$¥Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time SHULRGVHWIRUWKLQ([KLELW³$¥KHUHWRRUas otherwise agreed to by and between the representatives of the parties.

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

12. Reserved.

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

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 465
5 of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

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

17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City
FROOHFWLYHO\WKH³,QGHPQLWHHV¥
HQWLUHO\KDUPOHVVIURPDOOOLDELOLW\DULVLQJ
out of:
(1) $Q\ DQG DOO FODLPV XQGHU ZRUNHUV¶ FRPSHQVDWLRQ DFWV DQG RWKHU employee benefit acts with respect to Contractor¶V HPSOR\HHV RUContractor¶VsubFRQWUDFWRU¶V employees arising out of Contractor¶VZRUNXQGHUWKLV$JUHHPHQWincluding 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 of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on oURII&LW\¶VSURSHUW\ EXWQRWIRUDQ\ORVV
injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
b. Reserved.
466
6 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 ($2,000,000.00) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of Two Million Dollars ($2,000,000.00); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Reserved.
467
7 g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

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

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

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

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) GD\V¶ 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. 468
8 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 ³UHFRUGV¥
SHUWDLQLQJWRWKHFRVWVRIDQGFRPSOHWLRQRIVHUYLFHVSHUIRUPHGXQGHUWKLV$JUHHPHQW 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) GD\V¶ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. ,IWKHZRUNSURYLGHGIRULQWKLV$JUHHPHQWFRQVWLWXWHVD³SXEOLFZRUNV¥DV that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must EHSDLGWRWKHH[WHQW&RQWUDFWRU¶VHPSOR\HHVZLOOSHUIRUPDQ\ZRUNWKDWIDOOVZLthin any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor¶V 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 469
9 Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

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

470
10 ³CONTRACTOR¥ ³&,7<¥
South Coast Automation Systems City of Orange
740 S. Quail Circle 300 E. Chapman Avenue
Anaheim, CA 92807 Orange, CA 92866-1591
Attn.: Matt Barone Attn.: Sonny Tran
Telephone: (949) 355-7852 Telephone: (714) 288-2475
E-Mail: [email protected] E-Mail: [email protected]

471
11 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
³CONTRACTOR¥ ³&,7<¥
SOUTH COAST AUTOMATION CITY OF ORANGE, a municipal corporation SYSTEMS, a California corporation
*By: By:

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

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Nathalie Adourian
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
•
472
(;+,%,7³$¥

SCOPE OF SERVICES
[Beneath this sheet.]
473
(;+,%,7³B¥
Compensation for South Coast Automation Systems, Inc.

Water Division ± 7HFKQLFDOVXSSRUWVHUYLFHVIRUWKHFLW\¶V6&$'$V\VWHP Three Year Term
July 1, 2025 through June 30, 2028
Base Amount Total
Year 1: 7/2025 through 6/2026 $ 75,000.00 $ 75,000.00
Year 2: 7/2026 through 6/2027 $ 75,000.00 $ 75,000.00
Year 3: 7/2027 through 6/2028 $ 75,000.00 $ 75,000.00
Total Compensation Up To $ 225,000.00
474
FIRM Rater
Overview and
Understanding of
Project (15 pts)
Description of work
(25 pts)
Relevant
Experience (30 pts)
Project Team
(20 pts)
Schedule &
Fees (10pts)
Total
(100 pts) Rank
SCAS 1 14 25 27 20 10 96
SCAS 2 15 25 30 20 10 100
SCAS 3 15 25 30 20 10 100
Total= 296 1
SOCAL SCADA 1 15 25 30 18 10 98
SOCAL SCADA 2 15 20 25 20 10 90
SOCAL SCADA 3 15 25 30 17 10 97
Total= 285 2
TESCO

CONTROLS
TESCO

CONTROLS

RATING SUMMATION FOR TECHNICAL SUPPORT SERVICES FOR SCADA SYSTEM Did not submit Proposal
475
Agenda Item
City Council
Item #: 3.11. 6/10/2025 File #: 25-0322
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $40,088 from Fund 553, City Infrastructure Bond for the Fire Station Alert System Replacement project conducted at Fire Stations 2 through 8.

2. SUMMARY
Request to approve the appropriation of funds from Fund 553, City Infrastructure Bond, to complete all financial obligations of the Fire Station Alert System Replacement Capital Improvement Project.

3. RECOMMENDED ACTION
Authorize the appropriation of $40,088 from Fund 553, City Infrastructure Bond unreserved fund balance to expenditure account 553.3021.56015.20535, Fire Station Alert System Replacement.

4. FISCAL IMPACT
Upon approval of this appropriation, the estimated City Infrastructure Bond (553) fund balance at June 30, 2025 will be $2,138,594.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Objective 1.8: Improve Emergency Response Infrastructure

6. DISCUSSION AND BACKGROUND
In Fiscal Year 2023-2024 (FY24) the Fire Department purchased the Phoenix G2 alerting platform from US Digital Designs, Inc. (USDD) to implement a system-wide replacement of the alerting systems for Fire Stations 2 through 8. This alerting platform enabled the department to respond to emergency situations with greater speed and efficiency by providing enhanced alerting options, such as customized tones and lighting systems.

This project was originally approved by the City Council in FY24 with installation scheduled for completion within FY24. However, due to a busy wildfire season and staffing constraints from strike team deployments, the project was completed in December 2024, under the FY25 budget. The requested funds for this appropriation cover the final invoice for USDD, materials and supplies, and salaries and benefits for personnel involved in the installation. The total appropriation required to City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.11. 6/10/2025 File #: 25-0322
close out this project is $40,088.

7. ATTACHMENTS
· None.

City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.11. 6/10/2025 File #: 25-0322
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $40,088 from Fund 553, City Infrastructure Bond for the Fire Station Alert System Replacement project conducted at Fire Stations 2 through 8.

4. FISCAL IMPACT
Upon approval of this appropriation, the estimated City Infrastructure Bond (553) fund balance at June 30, 2025 will be $2,138,594.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Objective 1.8: Improve Emergency Response Infrastructure

This project was originally approved by the City Council in FY24 with installation scheduled for completion within FY24. However, due to a busy wildfire season and staffing constraints from strike team deployments, the project was completed in December 2024, under the FY25 budget. The requested funds for this appropriation cover the final invoice for USDD, materials and supplies, and salaries and benefits for personnel involved in the installation. The total appropriation required to City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.11. 6/10/2025 File #: 25-0322
close out this project is $40,088.

7. ATTACHMENTS
· None.

City of Orange Page 2 of 2 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.12. 6/10/2025 File #: 25-0280
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 Bridge Preventive Maintenance/Repair; authorization to advertise for Bid No. 24-25.23 (SP-3880); and finding of California Environmental Quality Act 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 15% for contingencies and construction engineering is $3,041,358.71.

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for Bid No. 24-25.23, Bridge Preventive Maintenance/Repair.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 5: Improve infrastructure, mobility, and technology.

6. DISCUSSION AND BACKGROUND
The City of Orange (City) applied for and received federal funds through the Highway Bridge Program (HBP) as administered by the California Department of Transportation (Caltrans) for the rehabilitation of city-owned bridges. This program is a competitive grant program that provides funding to public agencies for maintenance of bridges within their jurisdiction. The HBP grant funds

88.53% of the construction cost with the City matching 11.47% of the costs.

The City was originally awarded funding for this project in 2013. The City received authorization from Caltrans Local Assistance to begin the construction phase of this project on May 2, 2024. As a result of the long delay from Caltrans to program funds for this project, construction costs significantly increased creating a funding shortfall. Public Works staff pursued and obtained additional HBP City of Orange Page 1 of 2 Printed on 6/5/2025
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Item #: 3.12. 6/10/2025 File #: 25-0280
increased creating a funding shortfall. Public Works staff pursued and obtained additional HBP funding to cover construction cost escalations. The revised funding document was recently approved, with a total HBP grant awarded amount of $2,489,285.62 for construction. The bridges selected for rehabilitation are:

1. Tustin Avenue over Santiago Creek (Bridge #55C0043)

2. Memory Lane over Santa Ana River (Bridge #55C0046)

3. Katella Avenue over Santa Ana River (Bridge #55C0563L)

4. Orangewood Avenue over Santa Ana River (Bridge #55C0050)

5. Ball Road (Taft Avenue) over Santa Ana River (Bridge #55C0159)

6. Chapman Avenue over Santa Ana River (Bridge #55C0054)

7. Chapman Avenue over Santiago Creek (Bridge #55C0057)

8. Glassell Street over Santiago Creek (Bridge #55C0016) The scope of the project includes the methacrylate bridge deck treatment, expansion joint replacement, polyester concrete overlay, concrete repair and steel components repairs.

The total project cost estimate is $3,041,358.71, including 15% for contingencies and construction engineering.

Construction is scheduled to begin in August 2025 and is expected to be completed within 90 calendar days. Specifications and cost estimates are available for review in the Public Works Department.

7. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities) 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 Page 2 of 2 Printed on 6/5/2025
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Agenda Item
City Council
Item #: 3.12. 6/10/2025 File #: 25-0280
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Christopher Cash, Public Works Director

3. RECOMMENDED ACTION

1. Approve the plans and specifications and authorize advertising for Bid No. 24-25.23, Bridge Preventive Maintenance/Repair.

2. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1(c) - Existing Facilities).

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 5: Improve infrastructure, mobility, and technology.

88.53% of the construction cost with the City matching 11.47% of the costs.

The City was originally awarded funding for this project in 2013. The City received authorization from Caltrans Local Assistance to begin the construction phase of this project on May 2, 2024. As a result of the long delay from Caltrans to program funds for this project, construction costs significantly increased creating a funding shortfall. Public Works staff pursued and obtained additional HBP City of Orange Page 1 of 2 Printed on 6/4/2025
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Item #: 3.12. 6/10/2025 File #: 25-0280
increased creating a funding shortfall. Public Works staff pursued and obtained additional HBP funding to cover construction cost escalations. The revised funding document was recently approved, with a total HBP grant awarded amount of $2,489,285.62 for construction. The bridges selected for rehabilitation are:

1. Tustin Avenue over Santiago Creek (Bridge #55C0043)

2. Memory Lane over Santa Ana River (Bridge #55C0046)

3. Katella Avenue over Santa Ana River (Bridge #55C0563L)

4. Orangewood Avenue over Santa Ana River (Bridge #55C0050)

5. Ball Road (Taft Avenue) over Santa Ana River (Bridge #55C0159)

6. Chapman Avenue over Santa Ana River (Bridge #55C0054)

7. Chapman Avenue over Santiago Creek (Bridge #55C0057)

The total project cost estimate is $3,041,358.71, including 15% for contingencies and construction engineering.

Construction is scheduled to begin in August 2025 and is expected to be completed within 90 calendar days. Specifications and cost estimates are available for review in the Public Works Department.

8. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 6/4/2025
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Date Exported: 5/12/2025
Credits: City of Orange (2025)
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City Boundaries
NOTE: Recent data updates may not be reflected on this
map at the time of printing, use at your discretion.

No part of this map shall be reproduced for
commercial purposes.

CITY OF ORANGE
Bridge Preventive Maintenance/Repair Project
Bridge Location
484
Agenda Item
City Council
Item #: 3.13. 6/10/2025 File #: 25-0226
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Award of Contract to Deark E&C, Inc. for Construction of Hart Park Pickleball and Fitness Circuit Site, Bid No. 24-25.05; approve a purchase order with Shade Systems, Inc.; and finding of CEQA Exemption.

2. SUMMARY
Award of a construction contract for the installation of pickleball courts and a fitness circuit at Hart Park and approve a purchase order for shade structures. The scope of work includes constructing 10 pickleball courts, installing outdoor fitness equipment, court and area lighting, an ADA-compliant sidewalk ramp, concrete and paver pathways, shade structures, bike rack, chilled water bottle-filling station, benches, trash receptacles, and landscaping.

3. RECOMMENDED ACTION

1. Approve the contract with Deark E&C, Inc. in the amount of $2,351,800 for the Hart Park Pickleball and Fitness Circuit project (20315); and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Approve a purchase order in the amount of $120,311.66 with Shade Systems, Inc. for purchase of two shade structures.

3. Authorize the appropriation of $110,000 from the Park Acquisition (Infill) (510) unreserved fund balance to account 510.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Circuit project.

4. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (In-Fill Development).

4. FISCAL IMPACT
The expense for this contract is $2,351,800 and will be funded through Park Acquisition (Infill) (510), Park Acquisition & Development (Quimby) (511), and Reimbursable Capital Projects (550) respectively. Upon approval of the recommened appropriation, the total project budget and funding will be apportioned as follows:
510.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. $660,000.00 511.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. 550.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. $200,000.00
$2,000,000.00
Total: $2,860,000.00
City of Orange Page 1 of 3 Printed on 6/5/2025
powered by Legistar™485
Item #: 3.13. 6/10/2025 File #: 25-0226
510.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. $660,000.00 511.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. 550.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. $200,000.00
$2,000,000.00
Total: $2,860,000.00
Upon approval of this appropriation, the estimated Park Acquisition (510) fund balance at June 30, 2025 will be $9,077,992.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Objective 3.7: Continue to offer high quality and efficient city led recreation programs

6. DISCUSSION AND BACKGROUND
W.O. Hart Memorial Park (Hart Park) is a 56-acre community park, located within the Old Towne Orange Historic District. Hart Park is home to several historic structures and architectural elements, an orange grove, and beautiful mature shade trees. Hart Park offers acres of passive and open space, as well as active amenities including two lighted softball/baseball fields, a lighted collegiatelevel baseball field, soccer/football field, an aquatic facility, a bandshell, two lighted tennis courts, horseshoe pits, sand volleyball courts, walking paths, picnic areas, a playground, two restroom facilities, and an active bike path that runs through the south side of the park.

To fulfill the recreational needs of the surging pickleball community in Orange, as well as provide a space for outdoor exercise equipment, a Capital Improvement Project (CIP) titled Hart Park Pickleball and Fitness Circuit (20315) was approved for $2,750,000. The new facilities will be located in the southwest portion of the park, adjacent to the existing orange grove and the 22 Freeway.

Facility amenities will include:
· 10 lighted pickleball courts, including fencing and windscreens · Shaded outdoor fitness equipment
· Paved access to courts and amenities
· Area and pathway lighting
· Shaded spectator seating
· Benches, trash receptacles, drinking fountain, and bike racks The City contracted with RHA Landscape Architects Planners, Inc. (RHA) to provide architectural and engineering services for design, project plans, cost estimates, and construction documents for the project. Design of the project is attached and includes input collected at a public outreach meeting conducted at the Sports Center at Grijalva Park and at a Park Planning and Community Events Commission meeting (Attachment 1). A request for construction bids (RFB No. 24-25.05) was issued in August 2024. The City received six bids:

1. Deark E&C, Inc., Fullerton, CA $2,168,000.00

2. Green Giant Landscape, Inc., La Habra, CA $2,492,000.00

3. Elegant Construction, Inc., Irvine, CA $2,542,500.00

4. C.S. Legacy Construction, Inc., Walnut, CA $2,563,107.54

5. Legion Contractors, Inc., Los Angeles, CA $2,827,838.00

6. Act 1 Construction, Inc., Norco, CA $2,873,627.00
The lowest responsive and responsible bid is from Deark E&C, Inc. (Deark) for $2,168,000. Staff verified the qualifications of the vendor with references provided for similar projects and received positive responses. The original bid included an alternate item for the use of concrete instead of asphalt for a portion of the work for an additional $30,000. The use of concrete was not selected, as such, the recommended award amount was reduced by $30,000 for a bid amount of $2,138,000. The City of Orange Page 2 of 3 Printed on 6/5/2025
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Item #: 3.13. 6/10/2025 File #: 25-0226
such, the recommended award amount was reduced by $30,000 for a bid amount of $2,138,000. The total amount for the proposed construction contract is $2,351,800, which includes a 10 percent contingency of $213,800 (Attachment 2).

The City will also be purchasing the equipment to complete construction of this project which includes bike racks, a drinking fountain, benches, a kiosk, trash and recycling receptacles, exercise equipment, and shade structures. The shade structures will be purchased from Shade Systems, Inc. by utilizing an existing cooperative agreement through the Houston-Galveston Area Council (HGAC) Procurement and Contracts Program. This HGAC agreement serves as competitive source justification and meets the City’s purchasing requirements, and as such a purchase order can be utilized to fulfill the procurement of the equipment. The total cost for two shade structures is $120,311.66 (Attachment 3), therefore staff are requesting City Council to authorize a purchase order in the same amount.

Project Funding
This project was approved as part of Fiscal Year 2021-22 (FY22) CIP. As such, $750,000 in local funding was approved for project design and environmental review. In FY22, Congressman Lou Correa secured $2 million in federal Community Projects Funding for this project. This funding opportunity was made available through the U.S. Department of Housing and Urban Development (HUD)’s Economic Development Initiative Community Project Funding Grants, thus resulting in a budgeted total of $2,750,000.

In order to accommodate the recommended actions, the project will require an additional appropriation of $110,000 from the unreserved Park Acquisition (Infill) (510), bringing the project total to $2,860,000. As a result of receiving federal grant funding, the City contracted with Michael Baker International (MBI) to provide contract support and management to ensure federal grant compliance.

The additional appropriation is needed to account for MBI’s services and increases in equipment and construction costs.

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 15332 (In-Fill Development) because the project only involves a partial renovation of the current park. No exceptions to categorical exemptions outlined in CEQA Guidelines Section 15332 apply to the proposed project. No public review is required.

8. ATTACHMENTS
· Attachment 1: Hart Park Pickleball and Fitness Circuit Design · Attachment 2: Contract with Deark E&C, Inc
· Attachment 3: Sales Order with Shade Systems, Inc
City of Orange Page 3 of 3 Printed on 6/5/2025
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Agenda Item
City Council
Item #: 3.13. 6/10/2025 File #: 25-0226
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

3. RECOMMENDED ACTION

2. Approve a purchase order in the amount of $120,311.66 with Shade Systems, Inc. for purchase of two shade structures.

3. Authorize the appropriation of $110,000 from the Park Acquisition (Infill) (510) unreserved fund balance to account 510.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Circuit project.

4. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (In-Fill Development).

4. FISCAL IMPACT
The expense for this contract is $2,351,800 and will be funded through Park Acquisition (Infill) (510), Park Acquisition & Development (Quimby) (511), and Reimbursable Capital Projects (550) respectively. Upon approval of the recommened appropriation, the total project budget and funding will be apportioned as follows:
510.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. $660,000.00 511.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. 550.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. $200,000.00
$2,000,000.00
Total: $2,860,000.00 City of Orange Page 1 of 3 Printed on 6/4/2025 powered by Legistar™488
Item #: 3.13. 6/10/2025 File #: 25-0226
510.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. $660,000.00 511.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. 550.7021.56020.20315 - CIP - Hart Park Pickleball & Fitness Cir. $200,000.00
$2,000,000.00
Total: $2,860,000.00
Upon approval of this appropriation, the estimated Park Acquisition (510) fund balance at June 30, 2025 will be $9,077,992.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance Public Communication Strategy and Quality of Life Objective 3.7: Continue to offer high quality and efficient city led recreation programs

1. Deark E&C, Inc., Fullerton, CA $2,168,000.00

2. Green Giant Landscape, Inc., La Habra, CA $2,492,000.00

3. Elegant Construction, Inc., Irvine, CA $2,542,500.00

4. C.S. Legacy Construction, Inc., Walnut, CA $2,563,107.54

5. Legion Contractors, Inc., Los Angeles, CA $2,827,838.00

6. Act 1 Construction, Inc., Norco, CA $2,873,627.00
The lowest responsive and responsible bid is from Deark E&C, Inc. (Deark) for $2,168,000. Staff verified the qualifications of the vendor with references provided for similar projects and received City of Orange Page 2 of 3 Printed on 6/4/2025
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verified the qualifications of the vendor with references provided for similar projects and received positive responses. The original bid included an alternate item for the use of concrete instead of asphalt for a portion of the work for an additional $30,000. The use of concrete was not selected, as such, the recommended award amount was reduced by $30,000 for a bid amount of $2,138,000. The total amount for the proposed construction contract is $2,351,800, which includes a 10 percent contingency of $213,800 (Attachment 2).

The additional appropriation is needed to account for MBI’s services and increases in equipment and construction costs.

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 15332 (In-Fill Development) because the project only involves a partial renovation of the current park. No exceptions to categorical exemptions outlined in CEQA Guidelines Section 15332 apply to the proposed project. No public review is required.

8. ATTACHMENTS
· Attachment 1: Hart Park Pickleball and Fitness Circuit Design · Attachment 2: Contract with Deark E&C, Inc
· Attachment 3: Sales Order with Shade Systems, Inc
City of Orange Page 3 of 3 Printed on 6/4/2025
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4150 S.W. 19 Street
Ocala, FL 34474
p: (800) 609-6066 | f: (352) 237-2256
www.shadesystemsinc.com
Sales Order
Bill To: City of Orange
300 East Chapman Avenue
Orange, California 92866
Nathan Bluhm
[email protected]
Project Name: Hart Park - HGAC

Prepared By:

Quote No.:

Quote Date:

Expires On:

Matt Johnson (ext. 106)
(800) 609-6066
[email protected]

Q-14322
3/4/2025
6/2/2025
Thank you for your interest in Shade Systems. We are happy to quote the following product(s):

QTY DESCRIPTION EACH TOTAL
8 Model No. SAT2514A - Add another triangular up to 25' per side with 1 column - max. 14'
CoolNet™ Color:_________________________
Powder-Coat Color:_________________________
$8,094.00 $64,752.00
1 Model No. SAT2520 - Up to 25' per side triangular canopy with 3 support columns - Max 20'
CoolNet™ Color:_________________________
Powder-Coat Color:_________________________
$20,237.00 $20,237.00
1 Model No. SAT3514 - Up to 35' per side triangular canopy with 3 support columns - Max 14'
CoolNet™ Color:_________________________
Powder-Coat Color:_________________________
$15,739.00 $15,739.00
12 Model No. PMT6 - Pier Mount Column - Over 6" $683.00 $8,196.00 2 California Professional Engineer Sealed Drawings $0.00 $0.00 2 California Professional Engineer Sealed Calculations $0.00 $0.00 1 Less: Discount per HGAC Contract PR11-20R $-3,812.34 $-3,812.34 1 Shipping / Handling Charge to Orange, California 92866 $15,200.00 $15,200.00 TOTAL: $120,311.66
IMPORTANT TERMS & CONDITIONS:
•
All products quoted are per standard Shade Systems specifications per our catalog with column type(s) indicated. •
Please note that our Pier Mount columns (if applicable) are designed to be fastened to a concrete pier poured to the specifications shown in our engineering drawings, and not to an existing concrete slab, sidewalk, or floor. •
Above includes the cost of powder-coating metal parts with standard Shade Systems colors as shown in our catalog. Special optional colors are available upon request at additional cost.
•
Quotation does not include any applicable taxes. Please provide your sales tax exemption certificate at time of order. •
Prices do not include any concrete supplies, anchoring hardware (if applicable), truck unloading or installation. •
Current shipping schedule is estimated at 6 to 8 weeks after receipt of order. •
To place this order, please indicate desired colors in the space above and return signed copy of this Sales Order along with your official municipal purchase order. Payment terms are Net 30 Days.

ABOVE APPROVED AND ACCEPTED:

By signing below, Buyer accepts the terms and conditions of this Sales Order and directs Shade Systems to provide the products listed for the amounts shown. Buyer agrees this order is not cancelable.

BY: _____________________________________________________ TITLE: ________________ DATE: ________________

Page 1 of 1 ends

624
Agenda Item
City Council
Item #: 3.14. 6/10/2025 File #: 25-0228
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Award of Contract to R.E Chaffee Construction, Inc. for the Dog Park at Yorba Park improvements, and finding of CEQA exemption (Bid No. 24-25.12).

2. SUMMARY
Award of a contract for the construction of structural improvements to the Dog Park at Yorba Park.

The scope of work for the Capital Improvement Project, Yorba Dog Park Improvements (20521) includes the removal of existing decomposed granite, turf, fencing and posts, modifying existing grade and installing new concrete, paver entry, seating areas, new chain link fencing, and turf.

3. RECOMMENDED ACTION

1. Approve the agreement with R.E Chaffee Construction, Inc. in the amount of $233,200 for the Yorba Dog Park Improvements project (20521); and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the appropriation of $115,000 from the Park Acquisition (Infill) (510) unreserved fund balance to account 510.7021.56020.20521 - CIP - Building and Improvements.

3. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15331 (Existing Facilities)

4. FISCAL IMPACT
The expense for this contract is $233,200 and will be funded through Park Acquisition (Infill) (510):
510.7021.56020.20521 - CIP - Building and Improvements
Upon approval of this appropriation, the estimated Park Acquisition (510) fund balance on June 30, 2025 will be $8,962,992.

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
The City owns and maintains the Dog Park at Yorba Park. The dog park currently uses a system of decomposed granite (DG) entry paths. Compaction of the DG has become difficult to maintain due to foot traffic in and out of the dog park areas, causing the DG to become loose and uneven, creating tripping hazards. The loose DG also enters the drainage system, causing blockages and reoccurring City of Orange Page 1 of 3 Printed on 6/4/2025
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tripping hazards. The loose DG also enters the drainage system, causing blockages and reoccurring maintenance issues. At the request of the Orange Dog Park Association, staff evaluated options for improving these dog park entry areas.

The Yorba Dog Park Improvements project (20521) was approved as a part of the Fiscal Year 2024- 25 CIP. The scope of work includes improvements to entry areas by replacing the DG with new hardscape (concrete pavers) and a retaining wall to create safer entryway access. In addition, the project will also include a new access gate, irrigation, and related turf repairs. These improvements will reduce overall ongoing maintenance costs.

The City contracted with RHA Landscape Architects-Planners, Inc. (RHA) to design a plan and construction documents. A request for bids (RFB No. 24-25.12) was issued in December 2024. The City received seven bids:

1. Kormex Construction, Inc., Ontario, CA $168,000

2. R.E Chaffee Construction, Inc., Wrightwood, CA $212,000

3. Nieves Landscape, LLC, Santa Ana, CA $230,853

4. Marina Landscape Inc., Garden Grove, CA $272,550

5. KASA Construction, Inc., Chino, CA $319,777

6. RG General Engineering, Inc., Norco, CA $321,635

7. Gentry General Engineering Inc., Colton, CA $333,824 The lowest responsive and responsible bid received was from Kormex Construction, Inc. (Kormex).

Shortly after receiving the bids, Kormex submitted a letter to the City Clerk stating that a clerical error was made on their bid submittal and requested to be relieved of their bid. The City determined that the conditions required for bid withdrawal had been met and accepted Kormex’s request to withdraw its submission.

As required by Public Contract Code, staff then proceeded on to the second lowest responsive and responsible bid from R.E Chaffee Construction, Inc., (Chaffee) in an amount of $212,000. Staff verified the qualifications of the vendor with references provided for similar projects and received positive responses. The total amount for this proposed contract is $233,200, which includes the base bid amount and a 10% contingency of $21,200.

To date, $125,000 in Park Acquisition (Infill) (510) funding has been approved for this project.

Approval of the proposed contract and contingency as recommended will require a supplemental appropriation of $115,000 from the Park Acquisition (Infill) (510) unreserved fund balance to complete the project.

Work start date and completion will be contingent upon weather conditions. Information regarding closures to the dog park during construction will be shared on social media, at the park, and with the Orange Dog Park Association.

7. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15331 (Existing Facilities) because the project only involves maintenance activities and partial renovation of the current park. No public review is required.

7. ATTACHMENTS
City of Orange Page 2 of 3 Printed on 6/4/2025
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Item #: 3.14. 6/10/2025 File #: 25-0228
· Contract with RE Chaffee Construction, Inc.

City of Orange Page 3 of 3 Printed on 6/4/2025
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Agenda Item
City Council
Item #: 3.14. 6/10/2025 File #: 25-0228
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Leslie Hardy, Community and Library Services Director

1. SUBJECT
Award of Contract to R.E Chaffee Construction, Inc. for the Dog Park at Yorba Park improvements, and finding of CEQA exemption (Bid No. 24-25.12).

2. SUMMARY
Award of a contract for the construction of structural improvements to the Dog Park at Yorba Park.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $115,000 from the Park Acquisition (Infill) (510) unreserved fund balance to account 510.7021.56020.20521 - CIP - Building and Improvements.

3. Find that the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15331 (Existing Facilities)

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
The City owns and maintains the Dog Park at Yorba Park. The dog park currently uses a system of decomposed granite (DG) entry paths. Compaction of the DG has become difficult to maintain due to foot traffic in and out of the dog park areas, causing the DG to become loose and uneven, creating tripping hazards. The loose DG also enters the drainage system, causing blockages and reoccurring City of Orange Page 1 of 3 Printed on 6/4/2025
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Item #: 3.14. 6/10/2025 File #: 25-0228
tripping hazards. The loose DG also enters the drainage system, causing blockages and reoccurring maintenance issues. At the request of the Orange Dog Park Association, staff evaluated options for improving these dog park entry areas.

1. Kormex Construction, Inc., Ontario, CA $168,000

2. R.E Chaffee Construction, Inc., Wrightwood, CA $212,000

3. Nieves Landscape, LLC, Santa Ana, CA $230,853

4. Marina Landscape Inc., Garden Grove, CA $272,550

5. KASA Construction, Inc., Chino, CA $319,777

6. RG General Engineering, Inc., Norco, CA $321,635

7. Gentry General Engineering Inc., Colton, CA $333,824 The lowest responsive and responsible bid received was from Kormex Construction, Inc. (Kormex).

To date, $125,000 in Park Acquisition (Infill) (510) funding has been approved for this project.

7. ATTACHMENTS
City of Orange Page 2 of 3 Printed on 6/4/2025
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· Contract with RE Chaffee Construction, Inc.

City of Orange Page 3 of 3 Printed on 6/4/2025
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CONTRACT
[Yorba Dog Park Improvements (Bid No. 24-25.12; Project 20521)] THIS CONTRACT (the “Contract”) is made and entered into as of ______________, 2025 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and R.E CHAFFEE CONSTRUCTION INC., a California corporation (“Contractor”), who agree as follows.

ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, 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, here to referred as Exhibit A, for Yorba Dog Park Renovations, Job No. 24127 prepared for City by RHA Landscape Architects Planners, Inc., approved by the “Engineer” (as defined herein below) on August 12, 2024 and consisting of sheets numbered 1 through 6, 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 Standard Plans: and
(5) Contractor’s Bid Proposal, here to referred as Exhibit B, which is on file with City’s Department of Community Services.
b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special 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.” 631
2 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 Community and Library Services Director, City’s Senior Project/Landscape Coordinator, Nathan Bluhm (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Community and Library Services Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Community and Library Services 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 fifteen (15) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within seventy-five (75) 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. 632
3 ARTICLE 3
Compensation
a. Contractor agrees to receive and accept an amount not to exceed TWO HUNDRED TWELVE THOUSAND DOLLARS and 00/100 ($212,000.00) as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of TWENTY-ONE THOUSAND TWO HUNDRED DOLLARS and 00/100 ($21,200.00) 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 TWO HUNDRED THIRTY-THREE THOUSAND TWO HUNDRED DOLLARS and 00/100 ($233,200.00).

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. 633
4 ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City.

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

ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board (“RWQCB”) has issued National Pollutant Discharge Elimination System (“NPDES”) Permit No. R8-2009-0030 (the “Permit”), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan (“DAMP”), containing Model Maintenance Procedures with Best Management Practices (“BMPs”) that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas.
634
5 b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City’s Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith.

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

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

To the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
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 635
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 Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract.

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

Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. 636
7 c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

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

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

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

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

ARTICLE 13
Termination
City, acting through its City Manager or designee, reserves the right to terminate this Contract for any reason by giving five (5) days’ written notice of intent to terminate to Contractor.

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 639
10 this Contract, unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

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

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

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

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

ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of 641
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”
R.E Chaffee Construction Inc. City of Orange
6025 Park Drive PO Box 3087 300 E. Chapman Avenue
Wrightwood, CA 92397 Orange, CA 92866-1591
Attn: Jessica Chaffee Attn: Nathan Bluhm
Telephone: 760-249-8068 Telephone: 714-532-6491
E-Mail: [email protected] E-Mail: [email protected] ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference.

ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. [Remainder of page intentionally left blank; signatures on next page] 642
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ATTACHMENT NO. 1

CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 Section 1725.5. Registration of contractors; mandatory registration; qualifications and application; fees; exempt contractors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1)(A) Register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3. (B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section.

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

Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 645
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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) 646
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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 647
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(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Section 1771.4. Additional requirements when bidding and awarding public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
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(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.

Section 1775. Penalties for violations
(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 649
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or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

Section 1776. Payroll records; retention; inspection; redacted information; agencies entitled to receive nonredacted copies of certified records; noncompliance penalties; rules (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. 650
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(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor.
(c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 651
Attachment No. 1

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

Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable craft or trade; exemptions; contributions; compliance program (a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 652
Attachment No. 1

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

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 653
Attachment No. 1

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of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows:
654
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(i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision.
(C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.

Section 1813. Forfeiture for violations; contract stipulation; report of violations The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 655
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 execution of the contract, and shall report them to the Division of Labor Standards Enforcement.

Section 1815. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
656
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 formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 657
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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 658
Attachment No. 2

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 659
EXHIBIT “A”

CONSTRUCTION PLANS
[Beneath this sheet.]
660

CHAPMAN AVENUE YORBA STREET
08-12-24
24127
6840 Indiana Ave, Suite 100
Riverside, CA 92506
(951) 781.1930 ph
Lic 2799 www.rhala.com
6 CV
1 TITLE SHEET
DG
DB
DG
NA
661
D2 X1 X1 D1 D3 D8 D1 X1 D1 D1 D2 X2 X2 X2X2 X2 X1 X1 X2 X4 X4 X3 X5 X3 X3 D3 D3 D3 D3 D3 D3 X1 X3 X5 X1 X6 X3 X3 X7 X2 D1 X7 X4X5 D5 D4 D6 QTY. DESCRIPTION X1 BID STATUS SYM. EXISTING ITEMS TO REMAIN BASE BID EXISTING BENCH AND CONCRETE PAD TO REMAIN. PROTECT IN PLACE LS EXISTING TREE TO REMAIN PROTECT IN PLACE IN A 5' DIA. CIRCLE OF D.G. AROUND THE BASE OF THE TREE. X2X3 BASE BID BASE BID LS EXISTING FENCE AND MOW CURB TO REMAIN PROTECT IN PLACE LS EXISTING DOG DRINKING FOUNTAIN AND CONCRETE PAD TO REMAIN. PROTECT IN PLACE X4X5 BASE BID BASE BID LS EXISTING TRASH CAN, REMOVE AND RETURN TO LOCATION AFTER CONCRETE INSTALLATION PROTECT IN PLACE LS X6 BASE BID EXISTING UTILITY CABINET TO REMAIN PROTECT IN PLACE LS X7 BASE BID EXISTING DOG WASTE STATION TO REMAIN PROTECT IN PLACE LS QUANTITIES ARE GIVEN FOR ESTIMATING PURPOSES ONLY. CONTRACTOR WILL BE RESPONSIBLE FOR REMOVING MATERIAL IN ALL AREAS AS DESIGNATED ON PLAN AT NO ADDITIONAL COST TO THE CITY. D2 2 EA BASE BID D1 280 LF REMOVE EXISTING HEADER BOARDER BASE BID QTY. DESCRIPTION BID STATUS SYM. DEMOLITION ITEMS CLEAR & GRUB ALL AREAS TO RECEIVE IMPROVEMENTS REMOVE EXISTING DECOMPOSED GRANITE AND ANY SUB GRADE SOIL TO ACCOMMODATE NEW PAVERS. D3 BASE BID ALL EXISTING TREES TO REMAIN. PROTECT IN PLACE 8,890 SF 16 LF REMOVE EXISTING CONCRETE MOW CURB UNDER FENCE. FENCE POSTS TO REMAIN IN PLACE. CHAIN LINK FABRIC AND GATE TO BE ADJUSTED AFTER GRADING. D4 BASE BID 8 SF SAW CUT AND REMOVE CORNER OF THE EXISTING DOG DRINKING FOUNTAIN CONCRETE PAD. SAW CUT LINE TO BE COORDINATED WITH THE CONSTRUCTION PLAN. D5 BASE BID REMOVE AND REINSTALL THE EXISTING CANINE HYDRANT. SEE NOTE ON CONSTRUCTION PLAN. 8 LF REMOVE EXISTING CONCRETE MOW CURB AND FENCE POSTS. EXISTING CHAIN LINK FABRIC TO ADJUSTED FOR NEW GATE, REFER TO CONSTRUCTION PLAN . D6 BASE BID DEMOLITION NOTES 1. CONTRACTOR SHALL VERIFY OF ALL UTILITY LOCATIONS IN FIELD PRIOR TO DEMOLITION AND CONSTRUCTION WORK. 2. REMOVE AND LEGALLY DISPOSE OF ITEMS, EXCEPT FOR ITEMS OR MATERIALS INDICATED TO BE REUSED, SALVAGED, OR REINSTALLED. DEMOLISHED MATERIALS SHALL BECOME THE CONTRACTOR'S PROPERTY AND SHALL BE REMOVED, RECYCLED, OR DISPOSED FROM PROJECT SITE IN AN APPROPRIATE AND LEGAL MANNER. 3. PROTECT EXISTING SITE IMPROVEMENTS, APPURTENANCES, AND LANDSCAPING THAT ARE DESIGNATED TO REMAIN IN PLACE. 4. CONTRACTOR SHALL PROTECT STORM WATER DRAINAGE FACILITIES FROM POLLUTION RESULTING FROM CONTRACTOR'S ACTIVITIES FOR THE DURATION OF THE PROJECT. 5. QUANTITIES OF EXISTING AMENITIES SHOWN ON PLAN ARE APPROXIMATE. 0' 10' 20' 30' 08-12-24 24127 6840 Indiana Ave, Suite 100 Riverside, CA 92506 (951) 781.1930 ph Lic 2799 www.rhala.com 1"=10' 6 DP DEMOLITION PLAN DGDBDG 2 662

EXISTING CONCRETE

MOWCURB TYP
(100.00)
TG

EXISTING BENCH
SLAB (3'x12')
(100.10)
FS
(100.22)
TG
(100.13)
FS
(100.12)
FS
(100.24)
FS
(100.99)
FS
(100.96)
FS
(100.04)
FS
(100.02)
FS
(100.32)
FS
(100.41)
FS
(101.02)
FS
(101.06)
FS
(100.19)
FS
(101.11)
FS
(101.12)
FS
(101.19)
FS
(101.21)
FS
(101.23)
FS
(101.21)
FS
(101.03)
FS
(101.03)
FS
(101.23)
FS
(99.93)
(99.86)
FS
(101.03)
FS
(100.90)
FS
(100.90)
FS
(BT=BASE OF TREE TYP)
(100.27)
BT
(100.37)
BT
(100.78)
BT
(100.83)
BT
(100.76)
FS
(100.55)
FS
(100.08)
FS
(99.71)
FS
(100.01)
FS

EXISTING BENCH
SLAB (3'x8')

EXISTING BENCH
SLAB (3'x12')
(99.91)
FS
(100.51)
FS

EXISTING CONCRETE

MOWCURB TYP

EXISTING BENCH
SLAB (3'x12')

EXISTING DOGGIE FOUNTAIN ON

CONCRETE SLAB
5'
TYP

UTILITY CABINET

RESTROOM

EXISTING CHAIN LINK

FENCE TYP

EXISTING CHAIN LINK

FENCE TYP

1.75% 2.56% 1.12% 5.7%

0.2%
102.38 TW
100.88 FS
100.95 FS
101.0 FS

99.87 100.15

TOP OF CURB
100.18
MEET EXISTING F.S. TOP OF CURB MEET EXISTING F.S.

MEET EXISTING F.S.

NEW CURB TO
MEET EXISTING F.S.
100.35

TOP OF CURB
100.97

TOP OF CURB

1.12% 1.8% 1.8%
102.25 TW
100.75 FS

1.45%

0.55% 1.0%

8.5%

0.5%

1.66%

1.88%

1.5%

1.4%
100.88 assumed

EXISTING DOGGIE FOUNTAIN ON

CONCRETE SLAB
(100.0): EXISTING BUILDING ELEV

99.90 1.8% 3.5%
(99.62)
FS

GRADE BREAK
(100.18)
FS 1.0% 1.0%
MEET EXISTING F.S.
(100.27)
FS
(100.37)
FS
10 10
8 2
3 3
5 2 3
4 2
3 3
2 2 2
6 9
9 8
8 10
4 7
4 7
1 ALIGN THE EDGE OF SEAT WALL
WITH THE GATE POST.
10'

ALIGN THE EDGE OF NEW CURB
WITH EXISTING.

BASE
BID 3
BASE
BID 2
SYM. QTY.

BASE
BID
22 SF
1 DESCRIPTION REMARKS/DETAIL SUPPLIER
N.A.

DETAIL 'B', SHEET CD-1
4 32 LF N.A.
7 CONSTRUCT 18" HIGH CAST-IN-PLACE CONCRETE SEAT WALL.

NATURAL GRAY COLOR WITH SMOOTH FINISH.

BID
STATUS
CONSTRUCT 4" THICK CONCRETE PAVING

NATURAL GRAY W/ MEDIUM BROOM FINISH
BID
BASE 5
DETAIL 'A', SHEET CD-1
9 2 EA
3,725 SF FURNISH AND INSTALL 'HOLLAND' 60MM PAVERS IN A HERRINGBONE PATTERN.

COLOR TO BE TUSCANY BLEND. PAVERS TO BE INSTALLED FLUSH WITH THE EXISTING CONCRETE CURBS. CUT PAVERS AROUND THE EXISTING POSTS FOR THE CANINE AMENITIES.
8 REINSTALL THE EXISTING TRASH RECEPTACLES ATOP THE NEW PAVING 175 LF CONSTRUCT 6"x12" CONCRETE RETAINING CURB FOR PAVERS

ORCO PAVERSTONES
(714) 527-2239 -
DETAIL 'C', SHEET CD-1
BID
BASE
10 FURNISH & INSTALL PENNISETUM CLANDESTINUM / IMPROVED KIKUYUGRASS

TURF SOD IN AREAS SHOWN ON PLAN AND ANY ADDITIONAL AREAS DAMAGED DURING CONSTRUCTION.

WEST COAST TURF
54 LF
BID
BASE
BID
BASE
N.A.

CONSTRUCT 12"x4" CONCRETE CURB UNDER CHAIN LINK FENCE
- - REINSTALL THE EXISTING CANINE HYDRANT IN THE TURF AREA. - -
3 EA

REFER TO IRRIGATION
PLAN
N.A.

N.A.
6,850± SF
BASE
BID DETAIL 'D', SHEET CD-1
DETAIL 'E', SHEET CD-1
6 16 LF
N.A. ADJUST THE EXISTING CHAINLINK FENCE AND GATE TO MATCH THE NEW FINISH GRADE UNDER THE FENCE LINE. - BID
BASE
BID
BASE FURNISH & INSTALL 6' BLACK VINYL COATED CHAINLINK FENCE WITH PEDESTRIAN SWING GATES TO MATCH EXISTING. INSTALL NEW POSTS BEFORE CONCRETE CURB. 38 LF
(2 GATES)
QUANTITIES ARE GIVEN FOR ESTIMATING PURPOSES ONLY. CONTRACTOR WILL BE RESPONSIBLE FOR INSTALLING MATERIAL IN ALL AREAS AS DESIGNATED ON PLAN AT NO ADDITIONAL COST TO THE CITY.

THE SEATWALL SHALL BE SEALED WITH TWO (2) COATS OF ANTI-GRAFFITI SEALANT IN COMPLIANCE WITH THE DEPARTMENT OF COMMUNITY SERVICE STANDARDS.

CONTRACTOR SHALL REPAIR ANY DAMAGE CAUSED BY CONSTRUCTION TO EXISTING AMENITIES DESIGNATED AS 'PROTECT IN PLACE' AT NO ADDITIONAL COST TO THE CITY.

MATERIAL SPECIFICATIONS:

A. Reinforcing steel bars shall be deformed steel bars conforming to ASTMA-615 and UBC Standard 26-4, and shall be Grade 40 or Grade 60. Refer to Section 201-2.2 of the Standard Specifications. B. Concrete shall be a minimum five (5) sack mix, with a maximum four inch (4") slump, 2,500 pounds per square inch ultimate compressive strength at twenty_eight (28) days and shall conform to Concrete Class Use Table, Section 201_1, of the Standard Specifications.
0' 10' 20' 30'
08-12-24
24127
6840 Indiana Ave, Suite 100
Riverside, CA 92506
(951) 781.1930 ph
Lic 2799 www.rhala.com
1"=10'
6 CP
DG
DB
DG
3 CONSTRUCTION
PLAN

SOD NOTES
TURF GRASS SHALL BE PLANTED BY SOD LAYING, AS INDICATED PER PLAN. TURF SOD SHALL BE AS SPECIFIED ON PLANTING LEGEND AND PLAN.

SODDING: IRRIGATE AREAS TO BE SODDED PRIOR TO INSTALLATION; MOISTURE SHALL BE UNIFORMLY PRESENT TO A DEPTH OF 2". SOD SHALL BE INSTALLED SAME DAY AS DELIVERY; ROLLS SHALL BE STORED IN SHADED AREA PRIOR TO INSTALLATION. SOD SHALL CONFORM TO ALL LAWN SHAPES AS DESIGNATED PER

PLAN, AND SHALL BE INSTALLED IN SUCH A MANNER AS TO VISUALLY ELIMINATE ALL JOINTS AND EDGES OF SOD STRIPS. FOLLOWING INSTALLATION, IRRIGATE TURF AREAS THOROUGHLY TO PROVIDE EVEN MOISTURE PENETRATION. ROLL ALL SOD PRIOR TO BEGINNING INSTALLATION WITHIN TWO (2) HOURS; PRIOR TO

BEGINNING IRRIGATION, SOD SHALL BE UNIFORMLY SMOOTH IN APPEARANCE AND SHALL BE FLUSH WITH THE FINISHED GRADE OF ALL WALKS, CURBS, ETC. TURF

AREAS SHALL BE IRRIGATED SO AS TO KEEP ROOT ZONE MOIST BUT NOT SATURATED UNTIL ROOT ESTABLISHMENT.

MAINTENANCE: THREE WEEKS FOLLOWING INSTALLATION OF TURF GRASS,

AREAS SHALL BE MOWED REGULARLY AT INTERVALS NOT EXCEEDING ONCE PER

WEEK, MOWING SHALL BE DONE WITH SHARP, WELL ADJUSTED MOWER(S) OR CUT MORE THAN HALF THE EXISTING TOP GROWTH IN ONE MOWING. MOWING HEIGHTS SHALL BE 2" TO 2-1/2", DURING HOT WEATHER SEASONS (NEVER LESS THAN 2") , AND 1 1/2" TO 2" DURING COOL WEATHER SEASONS. TURF GRASS AREAS THAT DO NOT PROPERLY GROW SHALL BE RESODDED AS NECESSARY. AT THE

TERMINATION OF THE MAINTENANCE PERIOD ALL TURF GRASS AREAS SHALL BE

COMPLETELY COVERED, LEAVING NO BARREN SPOTS LARGER THAN THREE INCHES X THREE INCHES.
663

EXISTING CONCRETE

MOWCURB TYP
(100.00)
TG

EXISTING BENCH
SLAB (3'x8')

EXISTING BENCH
SLAB (3'x12')
(99.91)
FS
(100.51)
FS

EXISTING CONCRETE

MOWCURB TYP

EXISTING BENCH
SLAB (3'x12')

EXISTING DOGGIE FOUNTAIN ON

CONCRETE SLAB
5'
TYP

UTILITY CABINET

RESTROOM

EXISTING CHAIN LINK

FENCE TYP

EXISTING CHAIN LINK

FENCE TYP

1.75% 2.56% 1.12% 5.7%

0.2%
102.38 TW
100.88 FS
100.95 FS
101.0 FS

99.87 100.15

TOP OF CURB
100.18
MEET EXISTING F.S. TOP OF CURB MEET EXISTING F.S.

MEET EXISTING F.S.

NEW CURB TO
MEET EXISTING F.S.
100.35

TOP OF CURB
100.97

TOP OF CURB

1.12% 1.8% 1.8%
102.25 TW
100.75 FS

1.45%

0.55% 1.0%

8.5%

0.5%

1.66%

1.88%

1.5%

1.4%
100.88 assumed

EXISTING DOGGIE FOUNTAIN ON

CONCRETE SLAB
(100.0): EXISTING BUILDING ELEV

99.90 1.8% 3.5%
(99.62)
FS

GRADE BREAK
(100.18)
FS 1.0% 1.0%
MEET EXISTING F.S.
(100.27)
FS
(100.37)
FS

ALIGN THE EDGE OF NEW CURB
WITH EXISTING.
0' 10' 20' 30'
08-12-24
24127
6840 Indiana Ave, Suite 100
Riverside, CA 92506
(951) 781.1930 ph
Lic 2799 www.rhala.com
1"=10'
6 GP
DG
DB
DG
4 GRADING
PLAN
664

1. NOTES:

2. 6" COMPACTED AGGREGATE BASE

CONCRETE PAVER
3 1/8" (80 MM) MIN. THICKNESS
1" BEDDING SAND

COMPACTED SOIL SUBGRADE
BASE MATERIALS AND DEPTH PER SOILS REPORT.

BASE, SUBBASE, AND SUBGRADE THICKNESS VARY WITH LOADS, SUBGRADE STRENGTH AND CLIMATE.

GEOTEXTILE
STABILIZING BASE UNDER PAVERS IS RECOMMENDED.

TURN UP AT EDGES
6" 12"
#4 REBAR CONTINUOUS HORIZONTAL

ADJACENT LANDSCAPE

SEAL JOINT
CONCRETE BAND MIN. 6" WIDE
x 12" DEEP
08-12-24
24127
6840 Indiana Ave, Suite 100
Riverside, CA 92506
(951) 781.1930 ph
Lic 2799 www.rhala.com
6 CD-1
DG
DB
DG
5 CONCRETE PAVING WITH JOINTS
3/4" = 1'-0"
3" 4" PEDESTRIAN 6" VEHICULAR 1-1/2"

SCORE JOINT

EXPANSION JOINT
1 6
2 3
5 PER PLAN 1/2"
1 2
4 PER PLAN
3 1
2 5
3 4
LEGEND
1 CONCRETE PAVING PER CONSTRUCTION
PLAN LEGEND.
2 SCORE JOINT WITH 1/4" RADIUS EDGE, SEE
PLAN FOR ON CENTER SPACING. SEE ABOVE.
3 EXPANSION JOINT WITH 1/4" RADIUS EDGE @
15' O.C. SEE ABOVE.
1 2
3 PLAN
PER
5'
LEGEND
1 CONCRETE PAVING FINISH/COLOR PER PLAN
2 1/4" RADIUS TROWELED EDGE
3 COMPACTED SUBGRADE PER SOILS REPORT
4 AFTER PRELIMINARY TROWELING, THE CONCRETE

SHALL BE PARTED W/ A STRAIGHT EDGE TO A
DEPTH OF 1/2 OF THE CONCRETE THICKNESS
5 3/8" FOAM EXPANSION JOINT
6 POLYURETHANE CAULKING TO

MATCH CONCRETE COLOR,

SPRINKLE W/ SAND WHILE STILL
WET
NOTES

PAVING THICKNESS, BASE PREPARATION AND REINFORCING ARE SHOWN FOR BID PURPOSES ONLY. VERIFY REQUIREMENTS OF THE SOILS REPORT AND COMPLY.

LEGEND
1 CONCRETE PAVING - REFER TO CONSTRUCTION PLAN FOR COLOR AND FINISH 2 #3 REBAR AT 24" O.C. EACH WAY, CENTERED SLAB
3 FINISH GRADE
4 COMPACTED SUBGRADE - PER SOILS REPORT
5 1/4" TOOLED RADIUS
A
321313.13-11

CONCRETE PAVERS C

CONSTRUCTION

DETAILS
B
N.T.S.
1 1/2" = 1'-0"

POUR-IN-PLACE CONCRETE SEATWALL

CONCRETE CURB AT

SAND PLAY AREA
12" TOOLED RADIUS AT
EDGES.

NO. 3 REBAR @ 32" O.C.

FOUR NO. 3 REBAR

CONTINUOUS
NO. 3 VERT. REBAR @
32" O.C. EX. HEIGHT VARIES
1'-8" 10"
CONCRETE CURB 3250
P.S.I. NATURAL GREY
SMOOTH FINISH 3/4"

RADIUS TO ALL EDGES
NO. 3 REBAR CONTINUOUS TOP,
MIDDLE, AND BOTTOM.

EXISTING PAVEMENT.

COMPACTED SUBGRADE

PER SOILS REPORT
1"x 3
4" REVEAL WITH 14" TOOLED EDGES 4"
NEW 4" CONCRETE
PAVING. FINISH TO
MATCH EXISTING. 4" 1'-6"

FELT EXPANSION JOINT

WITH POLYURETHANE

CAULK TO MATCH
CONCRETE. DEPTH VARIES
D

CONCRETE MOW CURB
N.T.S.

CHAINLINK FENCE & GATE
N.T.S.

CONSTRUCT 12" WIDE X 4" THICK CONCRETE MOW CURB UNDER ALL FENCING.

REFER TO DETAIL 'D', SHEET CD-1, AND CENTER FENCE IN CURB.

GATE LEVERS SHALL BE ADA ACCESSIBLE. CONTRACTOR

SHALL SUBMIT SHOP DRAWINGS TO CITY FOR APPROVAL
PRIOR TO INSTALLATION.

E
NA
665
C

ADJUST LOCATIONS OF THE

EXISTING ROTORS AS NEEDED

THAT ARE ADJACENT TO

THE NEW WORK (TYPICAL AT ALL
LOCATIONS IN SCOPE OF WORK).

CONNECT BACK TO THE EXITING LATERAL
AND EXISTING ROTORS AS SHOWN.

ACTUAL LOCATION
OF VALVE BOXES.

EXISTING POINT
OF CONNECTION.

EXISTING IRRIGATION

CONTROLLER PEDESTAL

EX EX EX EX EX EX
EX
EX

EX EX
EX
EX

EX EX EX EX EX
EX
EX
EX

EX EX EX EX
EX
EX

EX EX
EX
EX
EX

EX EX EX
EX
EX

EX EX EX
EX
EX
33 34
35 36
37 38
EX
EX
EX
EX
EX
EX

REPLACE NOZZLE WITH
35H, ADJUST ARC TO 180°

CONNECT TO THE EXITING LATERAL,
INSTALL NEW ROTORS AS SHOWN.

FIELD VERIFY THE LOCATION OF
THE EXISTING LATERAL PIPE.

INSTALL A NEW 3" LATERAL
FROM VALVE 35 AS SHOWN.

REPAIR TURF WITH NEW SOD.
2"
35 52.9

REPLACE THE EXISTING TURF HEADS WITH NEW
RAIN BIRD R-1724 RD-06-SAM-P45, 17`-24` ROTARY
STREAM, W/RD-06 SPRAY BODY. ADJUST LOCATIONS
AS NEEDED FOR NEW IMPROVEMENTS.

SYMBOL MANUFACTURER/MODEL/DESCRIPTION DETAIL

EXISTING RAIN BIRD EFB-CP
BRASS REMOTE CONTROL VALVE.

PROTECT IN PLACE.

EXISTING ISOLATION VALVE

PROTECT IN PLACE
EXISTING BACKFLOW PREVENTER 3"

PROTECT IN PLACE

EXISTING CALSENSE CONTROLLER

PROTECT IN PLACE
IRRIGATION LATERAL LINE: HDPE PE4710 DR 13.5 (160PSI) C/IP-1 ONLY LATERAL TRANSITION PIPE SIZES 1-1/2" AND ABOVE

ARE INDICATED ON THE PLAN, WITH ALL OTHERS BEING
1-1/4" IN SIZE.

EXISTING IRRIGATION MAINLINE: HDPE PE4710 DR 11 (200PSI) C

SYMBOL MANUFACTURER/MODEL/DESCRIPTION PSI DETAIL
RAIN BIRD R-1724 RD-06-SAM-P45 45 A/IP-1
TURF ROTATOR, 17`-24` ROTARY STREAM, W/RD-06

SYMBOL

MANUFACTURER/MODEL/DESCRIPTION

PSI

GPM

RADIUS

DETAIL
RAIN BIRD 5006-PL-PC,FC-MPR-SAM-R-SS 45 29' B/IP-1
TURF ROTOR, 6" POP-UP, S.S. RISER. MATCHED

PRECIPITATION NOZZLE ARC AND RADIUS AS PER
SYMBOL.

IRRIGATION_SCHEDULE
#"
#
Valve Number
Valve Size
Valve Flow
Valve Callout
#
0' 10' 20' 30'
08-12-24
24127
6840 Indiana Ave, Suite 100
Riverside, CA 92506
(951) 781.1930 ph
Lic 2799 www.rhala.com
1"=10'
6 IP

IRRIGATION
PLAN
DB
DB
DG
6 1. LANDSCAPE CONTRACTOR TO VERIFY ALL EXISTING UTILITIES ON JOBSITE PRIOR TO START OF CONSTRUCTION. CONTRACTOR IS RESPONSIBLE FOR ANY DAMAGE CAUSED BY HIS WORK.

2. EXISTING IRRIGATION OUTSIDE OF WORK AREA SHALL BE PROTECTED IN PLACE AND KEPT OPERATIONAL DURING CONSTRUCTION. CONTRACTOR TO ADJUST IRRIGATION AS NEEDED TO PROVIDE ADEQUATE COVERAGE.

3. FIELD VERIFY LOCATIONS OF EXISTING LATERAL LINES, VALVES, MAINLINE, AND CONTROL

WIRES AND RELOCATE/REROUTE AS NECESSARY TO AVOID DISRUPTION OF IRRIGATION WITHIN ESTABLISHED PLANTING AREAS.

4. TAKE EXTREME CARE WHEN EXCAVATING IN THE PLANTERS TO AVOID CONFLICTS WITH EXISTING ELECTRICAL UTILITIES AND IRRIGATION. IT IS THE CONTRACTOR RESPONSIBILITY TO HAVE ALL UTILITIES MARKED AND LOCATED WITHIN THE WORK AREA.

5. DRAWINGS ARE DIAGRAMMATIC AND DO NOT SHOW ALL ITEMS, DETAILS, DIMENSIONS, AND OBSTACLES. IT SHALL BE THE RESPONSIBILITY OF CONTRACTOR TO INSTALL ALL

NECESSARY ITEMS AND COMPONENTS TO PROVIDE FOR A COMPLETE AND OPERATIONAL SYSTEM AS INTENDED BY THESE PLANS AND CONSTRUCTION DOCUMENTS.

6. HDPE PIPE CAN BE JOINED BY VARIOUS HEAT FUSION METHODS (REFER TO THE JM EAGLE

INSTALLATION GUIDE) SUCH AS ELECTROFUSION, SOCKET FUSION, BUTT FUSION AND SADDLE FUSION. MECHANICAL SADDLES MAY BE USED TO CONNECT SPRINKLER HEADS TO THE LATERAL PIPE.

7. ALL JOINTS SHALL BE MADE IN STRICT COMPLIANCE WITH THE MANUFACTURER’S RECOMMENDATIONS. A FACTORY QUALIFIED JOINING TECHNICIAN AS DESIGNATED BY PIPE

MANUFACTURER OR EXPERIENCED, TRAINED TECHNICIAN SHALL PERFORM ALL HEAT FUSION JOINTS. THE CITY'S CONSTRUCTION OBSERVER/INSPECTOR MAY REQUEST TO BE PRESENT DURING THE PIPE JOINING PROCESS.

IRRIGATION NOTES:

PIPE AND WIRE TRENCH
NTS12" MIN. 18" MIN.
6"

CONTROL AND NEUTRAL

CONDUCTORS TAPE & BUNDLE
TO MAINLINE @ 20'O.C.

MAIN SUPPLY LINE

SPRINKLER LATERAL

BACKFILL

FINISH GRADE
NOTES

CONTROL AND NEUTRAL CONDUCTORS SHALL BE
INSTALLED WITH A MINIMUM OF 18" EARTH COVER
C
328409.76-06
3" = 1'-0"

TURF SPRAY MARLEX ASSEMBLY
APPLICABLE.

HARDSCAPE WHERE

OFFSET HEAD FROM
FINISHED GRADE.
45 DEGREE ANGLE.

NIPPLE, SET AT
SCHEDULE 80 PVC
1/2" MARLEX STREET ELLS.

TURF POP UP HEAD.

LATERAL LINE AND PVC TEE. 12" MINIMUM BELOW GRADE
6"
A
328403.13-01
3" = 1'-0"

TURF ROTOR MARLEX ASSEMBLY
SCHEDULE 80 PVC

NIPPLE AS REQUIRED,
SET AT 45 DEGREE ANGLE.

CLEAR TO FENCE OR

HARDSCAPE, WHERE
APPLICABLE.

FINISHED GRADE.

MARLEX STREET ELLS,
INLET SIZE DIAMETER.

TURF ROTOR POP UP.

B
328403.16-01
20' 40' 60' 1"=20'
666
EXHIBIT “B”

BID AND SCOPE OF SERVICES
[Beneath this sheet.]
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
Agenda Item
City Council
Item #: 3.15. 6/10/2025 File #: 25-0155
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Adam Jevec, Chief of Police

1. SUBJECT
Authorize purchase of Police Department uniforms from Galls, LLC.

2. SUMMARY
Purchase of uniforms from Galls, LLC through a Cooperative Purchasing Agreement, Master Agreement No. 106-498488. This purchase allows for the continuation of uniforms for Fiscal Year 2025-2026.

3. RECOMMENDED ACTION
Approve the purchase of Police Department uniforms from Galls, LLC for $130,000.

4. FISCAL IMPACT
The expense for this purchase is $130,000 and will be funded upon adoption of the proposed Fiscal Year 2025-2026 budget through General Fund (100):
100.4011.53030.00000 Uniforms & Other Clothing

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

6. DISCUSSION AND BACKGROUND
Police employees are required to wear a uniform to be identified as a law enforcement authority in society and a source of assistance in an emergency, crisis, or other time of need. New officers and office staff are initially issued two types of uniforms for wear. Worn or damaged items are replaced on an annual or as-needed basis. Specialized units such as Special Weapons and Tactics (SWAT), Motor Officers, K9, and Bicycle Patrol are issued different uniforms specific to their unit.

The Orange Police Department currently purchases uniforms and duty gear from Galls, LLC (Galls).

Galls is headquartered in Lexington, Kentucky and currently maintains a retail location within proximity to the Orange Police Department which minimizes personnel driving time for pickups and scheduled fittings. As the largest distributor of uniforms and equipment to public safety personnel, Galls offers an extensive selection of products and brands, competitive pricing, convenient online ordering, and alteration services to meet the department’s needs. The most cost-effective purchase price could be obtained through a Cooperative Purchasing Agreement between Galls and the City of Anaheim, Master Agreement No. 106-498488.

The Police Department is requesting the continuation of uniforms from Galls for a total amount of City of Orange Page 1 of 2 Printed on 6/4/2025
powered by Legistar™692
Item #: 3.15. 6/10/2025 File #: 25-0155
The Police Department is requesting the continuation of uniforms from Galls for a total amount of $130,000.

7. ATTACHMENTS
· Galls Master Agreement No. 106-498488
City of Orange Page 2 of 2 Printed on 6/4/2025
powered by Legistar™693
Agenda Item
City Council
Item #: 3.15. 6/10/2025 File #: 25-0155
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Adam Jevec, Chief of Police

1. SUBJECT
Authorize purchase of Police Department uniforms from Galls, LLC.

3. RECOMMENDED ACTION
Approve the purchase of Police Department uniforms from Galls, LLC for $130,000.

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

The Orange Police Department currently purchases uniforms and duty gear from Galls, LLC (Galls).

The Police Department is requesting the continuation of uniforms from Galls for a total amount of City of Orange Page 1 of 2 Printed on 6/4/2025
powered by Legistar™694
Item #: 3.15. 6/10/2025 File #: 25-0155
The Police Department is requesting the continuation of uniforms from Galls for a total amount of $130,000.

7. ATTACHMENTS
· Galls Master Agreement No. 106-498488
City of Orange Page 2 of 2 Printed on 6/4/2025
powered by Legistar™695
696
697
698
Agenda Item
City Council
Item #: 3.16. 6/10/2025 File #: 25-0274
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Steven Scardina, Information Technology Manager

1. SUBJECT
Authorize purchase of replacement computers from CPAC, Inc.

2. SUMMARY
In order to ensure that the City is utilizing technology to meet its business needs, reinvestment in technology resources is essential. The last major replacement of desktop computers was in 2017. As a result of a comprehensive assessment of the desktop inventory to evaluate operational deficiencies, staff have identified 416 computers to be replaced.

3. RECOMMENDED ACTION
Approve the purchase of laptop and desktop computers from CPAC, Inc. for $603,855.06.

4. FISCAL IMPACT
The expense for this purchase is $603,855.06 and will be funded through Computer Replacement (790):
790.1601.56033.20282 Desktop PC Replacements

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

6. DISCUSSION AND BACKGROUND
The City has an inventory of 776 computers of which 384 are eight to ten years old. This number includes computers that are dedicated to a specific employee/position as well as those that are related to a certain business function such as public kiosks, learning center, report writing room, and conference rooms.

Windows 10 will reach an end-of-support with Microsoft on October 14, 2025. Staff examined the inventory of computers mindful of this fact and determined 384 replacements are required to address this. These 384 computers are currently running Windows 10. The hardware in these computers will not support Windows 11. Windows 10 can continue to operate, but without the latest security patches, these computers will be more vulnerable to security threats. Realistically, the best remedy City of Orange Page 1 of 2 Printed on 6/4/2025
powered by Legistar™699
Item #: 3.16. 6/10/2025 File #: 25-0274
is outright replacement.

In years past there has been an annual practice to refresh a portion of the computer inventory to maintain healthy operational performance and avoid excessive age of the inventory. The annual computer replacement has been deferred for the last three years resulting in a very aged inventory.

The effect of the deferment has been slower performing computers and an increase in failures. The aged computers are out of pace with the increasing software and operating system demands. Failure rates of aging computer components have increased, and replacement components are increasingly difficult to find. The failures require time-intensive fixes and decrease productivity.

There are 384 computers which are not compatible with Windows 11 and must be replaced.

However, a total of 416 are recommended for replacement due to the excessive age of the computers. Seventy-five (75) of the 416 replacements will be Microsoft Surface laptops and tailored to individuals that perform work both in and outside the office. The laptops will be a single device for designated staff including a docking solution enabling efficiency by allowing staff to seamlessly transition between office, conference rooms, home, and wherever else needed.

These replacements will bring the overall inventory to a more current state. A great deal of analysis has gone into deploying the new computers where the impact will be most realized. All old equipment will be scrubbed clean of data before being decommissioned.

CPAC has provided pricing via a city approved cooperative agreement (OMNIA Contract R200803).

7. ATTACHMENTS
· Price quote from CPAC, Inc.

City of Orange Page 2 of 2 Printed on 6/4/2025
powered by Legistar™700
Agenda Item
City Council
Item #: 3.16. 6/10/2025 File #: 25-0274
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Steven Scardina, Information Technology Manager

1. SUBJECT
Authorize purchase of replacement computers from CPAC, Inc.

3. RECOMMENDED ACTION
Approve the purchase of laptop and desktop computers from CPAC, Inc. for $603,855.06.

4. FISCAL IMPACT
The expense for this purchase is $603,855.06 and will be funded through Computer Replacement (790):
790.1601.56033.20282 Desktop PC Replacements

5. STRATEGIC PLAN GOALS
Goal 5: Improve Infrastructure, Mobility, and Technology

Windows 10 will reach an end-of-support with Microsoft on October 14, 2025. Staff examined the inventory of computers mindful of this fact and determined 384 replacements are required to address this. These 384 computers are currently running Windows 10. The hardware in these computers will not support Windows 11. Windows 10 can continue to operate, but without the latest security patches, these computers will be more vulnerable to security threats. Realistically, the best remedy City of Orange Page 1 of 2 Printed on 6/4/2025
powered by Legistar™701
Item #: 3.16. 6/10/2025 File #: 25-0274
is outright replacement.

There are 384 computers which are not compatible with Windows 11 and must be replaced.

CPAC has provided pricing via a city approved cooperative agreement (OMNIA Contract R200803).

7. ATTACHMENTS
· Price quote from CPAC, Inc.

City of Orange Page 2 of 2 Printed on 6/4/2025
powered by Legistar™702
Sales Quotation
SQ - 1176051 May-06-2025
1 1 7 6 0 5 1 Bill To

CITY OF ORANGE

STEVEN SCARDINA
300 E. CHAPMAN AVENUE
ORANGE CA 92866

UNITED STATES
Phone # (714)744-2283
Ship To

CITY OF ORANGE
WAREHOUSE CORP YARD MIS X2284 8AM-NOON
637 W STRUCK AVE
ORANGE CA 92867

UNITED STATES
Contact

CITY OF ORANGE

VALDEMAR CHAVEZ
300 E. CHAPMAN AVENUE
ORANGE CA 92866

UNITED STATES
Phone # (714)744-2280
Ship Date
24726 NET 30 DAYS
1176051
SQ PO
Printed : 5/7/2025 15:22:04

Page 1 of 2 ends

Orange City CouncilJune 10, 2025

Orange City Council
June 10, 2025