Agenda packet — Orange City Council, May 12, 2026 (part 2 of 5)

FOR CASH ACCOUNT: 998-0000-10000- FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 8005513 04/30/2026 PRINTED 016287 TERIN MARLATT 663.03

DOC INVOICE NO ACCOUNT AMOUNT 17825 3/13-15 TRAINING RB 100-3123-57101- 663.03 8005514 04/30/2026 PRINTED 001867 MISSION LINEN SUPPLY 265.79 17755 525899477 100-4011-55999- 265.79 8005515 04/30/2026 PRINTED 020688 SOUTHERN CALIFORNIA NEWS 900.49 17864 639401 263-5101-87102- 900.49 8005516 04/30/2026 PRINTED 005771 MICHAEL C MURPHY 46.00 17790 03/09-10/2026RB 100-4011-57101- 46.00 8005517 04/30/2026 PRINTED 017385 NEWSBANK INC 6,035.00 17949 RN2013342 100-2101-53101- 6,035.00 8005518 04/30/2026 PRINTED 016338 DAVID NGUYEN 115.00 17978 03/02-06/2026RB 100-4011-57101- 115.00 8005519 04/30/2026 PRINTED 001987 NIEVES LANDSCAPE LLC 80,314.85 17698 84014 100-7203-56999- 80,314.85 8005520 04/30/2026 PRINTED 020442 SHAWN O'BRIEN 8.70 17962 03/23-24/2026RB 100-4011-57101- 8.70 8005521 04/30/2026 PRINTED 099997 CHAMBERLIN, BRAD 2,283.50 17817 17817 100-0000-20111- 2,283.50 8005522 04/30/2026 PRINTED 099997 COOMBS, RANDALL BRETT 2,224.50 17819 17819 100-0000-20111- 2,224.50 8005523 04/30/2026 PRINTED 099997 DEL TACO 2,551.75 17818 17818 100-0000-20111- 2,551.75 8005524 04/30/2026 PRINTED 099997 DONA MECHE MEXICAN FOOD # 1,853.00 17815 17815 100-0000-20111- 1,853.00 8005525 04/30/2026 PRINTED 099997 IRPF HOLDING LLC 354.00 17821 17821 100-0000-20111- 354.00 8005526 04/30/2026 PRINTED 099997 LA REINA MARKETS LLC 8,421.00 17823 17823 100-0000-20111- 8,421.00 8005527 04/30/2026 PRINTED 099997 LAZY DOG RESTAURANTS 9,742.50 17820 17820 100-0000-20111- 9,742.50 8005528 04/30/2026 PRINTED 099997 OVERLAND CONTRACTING INC 1,426.50 17816 17816 100-0000-20111- 1,426.50 8005529 04/30/2026 PRINTED 099997 SARGEANT, PAUL 402.00 90 City of Orange

AP CHECK RECONCILIATION REGISTER
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FOR CASH ACCOUNT: 998-0000-10000- FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 17824 17824 100-0000-20111- 402.00 8005530 04/30/2026 PRINTED 099997 THE ST. PAUL LUTHERAN CHU 50.75

DOC INVOICE NO ACCOUNT AMOUNT 17822 17822 100-0000-20111- 50.75 8005531 04/30/2026 PRINTED 020236 ONYX PAVING COMPANY INC 212,435.43 1 RETRELBidNo.24-25.09 263-0000-20103- 258.15 1 RETRELBidNo.24-25.09 270-0000-20103- 74.69 1 RETRELBidNo.24-25.09 274-0000-20103- 1,015.85 1 RETRELBidNo.24-25.09 500-0000-20103- 427.91 1 RETRELBidNo.24-25.09 263-0000-20103- 5,811.15 1 RETRELBidNo.24-25.09 270-0000-20103- 1,681.40 1 RETRELBidNo.24-25.09 274-0000-20103- 22,867.02 1 RETRELBidNo.24-25.09 500-0000-20103- 9,632.49 1 RETRELBidNo.24-25.09 263-0000-20103- 5,973.28 1 RETRELBidNo.24-25.09 270-0000-20103- 1,728.31 1 RETRELBidNo.24-25.09 274-0000-20103- 23,504.98 1 RETRELBidNo.24-25.09 500-0000-20103- 9,901.23 1 RETRELBidNo.24-25.09 263-0000-20103- 10,728.98 1 RETRELBidNo.24-25.09 270-0000-20103- 3,104.32 1 RETRELBidNo.24-25.09 274-0000-20103- 42,218.78 1 RETRELBidNo.24-25.09 500-0000-20103- 17,784.22 1 RETRELBidNo.24-25.09 263-0000-20103- 1,324.40 1 RETRELBidNo.24-25.09 270-0000-20103- 383.20 1 RETRELBidNo.24-25.09 274-0000-20103- 5,211.57 1 RETRELBidNo.24-25.09 500-0000-20103- 2,195.31 1 RETRELBidNo.24-25.09 263-0000-20103- 329.85 1 RETRELBidNo.24-25.09 270-0000-20103- 95.44 1 RETRELBidNo.24-25.09 274-0000-20103- 1,297.96 1 RETRELBidNo.24-25.09 500-0000-20103- 546.75 1 RETRELBidNo.24-25.09 263-0000-20103- 6,197.79 1 RETRELBidNo.24-25.09 270-0000-20103- 1,793.27 1 RETRELBidNo.24-25.09 274-0000-20103- 24,388.43 1 RETRELBidNo.24-25.09 500-0000-20103- 10,273.37 1 RETRELBidNo.24-25.09 263-0000-20103- 244.89 1 RETRELBidNo.24-25.09 270-0000-20103- 70.86 1 RETRELBidNo.24-25.09 274-0000-20103- 963.65 1 RETRELBidNo.24-25.09 500-0000-20103- 405.93 8005532 04/30/2026 PRINTED 000096 ORANGE CNTY TREASURER-TAX 25,518.03 17893 SH74093 100-4134-55000- 17,706.33 17894 SH74095 100-4011-55000- 7,811.70 8005533 04/30/2026 PRINTED 006609 ORANGE CO SANITATION DIST 112,335.69 17754 OCSD FEES -MAR. 2026 100-0000-20302- 112,335.69 8005534 04/30/2026 PRINTED 000570 P J PRINTERS INC 1,358.70 16862 235421 100-1801-55104- 650.00 17920 235824 100-6001-55104- 87.76 91 City of Orange

AP CHECK RECONCILIATION REGISTER
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Program ID: apchkrcn

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FOR CASH ACCOUNT: 998-0000-10000- FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 17920 235824 100-1401-55104- 87.76

DOC INVOICE NO ACCOUNT AMOUNT 17920 235824 100-6102-55104- 175.53 17920 235824 100-6102-55104- 175.54 17928 235764 600-5802-53101- 182.11 8005535 04/30/2026 PRINTED 001069 PARKHOUSE TIRE INC 831.75 17850 1020304909 100-0000-15203- 831.75 8005536 04/30/2026 PRINTED 000314 PETE'S ROAD SERVICE INC 787.51 17873 26-0913881-00 100-0000-15203- 590.51 17873 26-0913881-00 100-5401-56999- 197.00 8005537 04/30/2026 PRINTED 020956 PLAYAWAY PRODUCTS LLC 4,818.87 17926 527803 100-2101-53101- 4,818.87 8005538 04/30/2026 PRINTED 001876 PRADO FAMILY SHOOTING RAN 900.00 17892 7823 100-4011-55000- 900.00 8005539 04/30/2026 PRINTED 007130 PTI SAND & GRAVEL INC 4,879.11 17760 162240 600-5803-81999- 2,033.33 17843 162278 600-5803-81999- 912.78 17844 162279 600-5803-81999- 1,933.00 8005540 04/30/2026 PRINTED 002131 RELIANCE STANDARD LIFE IN 20,584.12 17808 202604 BG #01000001 100-0000-20437- 10,312.85 17808 202604 BG #01000001 100-0000-20417- 10,271.27 8005541 04/30/2026 PRINTED 020543 RENEWELL FLEET SERVICE LL 1,314.18 17842 10562 100-0000-15203- 1,314.18 8005542 04/30/2026 PRINTED 009419 RHA LANDSCAPE ARCHITECTS 3,950.00 17862 123042 510-7201-84101- 3,950.00 8005543 04/30/2026 PRINTED 012347 SCOTT EQUIPMENT INC 77.88 17853 P13385 100-0000-15203- 77.88 8005544 04/30/2026 PRINTED 025071 SIERRA ANALYTICAL LABS IN 1,212.50 17889 6D23005- 600-5803-55999- 307.50 17901 6D27009- 600-5803-55999- 270.00 17905 6D23019- 600-5803-55999- 307.50 17906 6D23027- 600-5803-55999- 57.50 17907 6D27034- 600-5803-55999- 270.00 8005545 04/30/2026 PRINTED 020023 SIR SPEEDY 2,744.12 17806 49965 100-6102-55104- 2,744.12 8005546 04/30/2026 PRINTED 000386 SOUTHERN COUNTIES OIL CO 24,545.82 17737 IN-0000870563 100-0000-15204- 17,946.83 17737 IN-0000870563 100-0000-15205- 6,598.99 92 City of Orange

AP CHECK RECONCILIATION REGISTER
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User: hkittleson
Program ID: apchkrcn

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FOR CASH ACCOUNT: 998-0000-10000- FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 8005547 04/30/2026 PRINTED 019361 SPECIALIZED RETAIL STORES 4,999.56

DOC INVOICE NO ACCOUNT AMOUNT 17758 220002697433 245-4121-53199- 4,999.56 8005548 04/30/2026 PRINTED 000877 INMARK 26.70 17884 IV00588194 100-4011-53199- 28.36 8005549 04/30/2026 PRINTED 025413 MICHAEL BRYAN STEWART 150.00 17922 4-22 CLASS E RB 100-3011-53102- 150.00 8005550 04/30/2026 PRINTED 000520 STRYKER MEDICAL 1,970.51 17753 9212033152 100-3122-53101- 155.24 17753 9212033152 225-3122-53101- 1,252.22 17753 9212033152 225-3215-53101- 563.05 8005551 04/30/2026 PRINTED 001303 SUNRISE MULTISPECIALIST M 4,322.00 17699 00207007-00 100-3011-55101- 948.00 17700 00207137-00 100-3011-55101- 1,348.00 17736 00207297-00 100-3011-55101- 887.00 17797 00207328-00 100-3011-55101- 1,004.00 17918 00207404-00 100-3011-55101- 135.00 8005552 04/30/2026 PRINTED 020654 TEC EQUIPMENT INC 53,047.08 17694 5036559XS 100-0000-15203- 41,047.08 17694 5036559XS 100-5401-56999- 12,000.00 8005553 04/30/2026 PRINTED 017111 TESCO CONTROLS INC 450.00 17980 0088064-IN 600-5802-56101- 450.00 8005554 04/30/2026 PRINTED 012364 THE JUNGLE NURSERY INC 18,947.00 17676 00003176 100-3112-56105- 18,947.00 8005555 04/30/2026 PRINTED 004589 TURNOUT MAINTENANCE COMPA 959.69 17921 31074 100-3121-56101- 959.69 8005556 04/30/2026 PRINTED 002977 TYLER TECHNOLOGIES INC 2,296.00 17968 045-559424 600-1843-80201- 567.34 17968 045-559424 790-1601-80299- 1,728.66 8005557 04/30/2026 PRINTED 000001 U S ARMOR CORP 10,517.98 17985 52403 100-4011-54101- 10,517.98 8005558 04/30/2026 PRINTED 009462 UNITED AUTOMOTIVE SERVICE 109.95 17958 139102 100-5401-56999- 109.95 8005559 04/30/2026 PRINTED 005542 UNITED INDUSTRIES 357.56 17759 242274 600-5803-81999- 357.56 8005560 04/30/2026 PRINTED 019230 UNITED RENTALS INC 1,289.01 93 City of Orange

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FOR CASH ACCOUNT: 998-0000-10000- FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 17791 261368685-001 263-5201-53201- 614.61

DOC INVOICE NO ACCOUNT AMOUNT 17793 261365796-001 263-5201-53201- 341.24 17794 261482561-001 263-5201-53201- 333.16 8005561 04/30/2026 PRINTED 020753 UNITED SAFETY SERVICES 172.18 16961 229791 730-1306-54101- 86.09 16963 229793 730-1306-54101- 86.09 8005562 04/30/2026 PRINTED 001845 VERIZON WIRELESS 5,163.85 17719 6141238739 100-3011-56201- 4,327.58 17719 6141238739 100-3121-56201- 655.69 17719 6141238739 400-3011-56201- 180.58 8005563 04/30/2026 PRINTED 000431 W W GRAINGER INC 1,267.76 17840 9888445260 600-5802-56102- 48.35 17946 9878544502 100-0000-15203- 41.27 17948 9888041952 100-0000-15203- 185.37 17979 9895006279 600-5802-56102- 992.77 8005564 04/30/2026 PRINTED 002319 WATERLINE TECHNOLOGIES 7,427.13 17798 5790128 600-5802-53201- 414.62 17799 5790127 600-5802-53201- 739.94 17800 5790126 600-5802-53201- 1,116.29 17801 5790125 600-5802-53201- 969.58 17802 5790123 600-5802-53201- 318.94 17813 5790244 600-5802-53201- 1,052.50 17814 5790122 600-5802-53201- 510.30 17845 5790357 600-5802-53201- 2,304.96 8005565 04/30/2026 PRINTED 020838 LILLIAN WEN 332.10 17923 PROFDEV25/26 100-1401-57102- 332.10 8005566 04/30/2026 PRINTED 020843 WEST COAST BATTERIES LLC 737.46 17865 17156 100-0000-15203- 737.46 8005567 04/30/2026 PRINTED 001854 JOHN WIEGAND 137.38 17762 4-16 CLASS E RB 100-3011-53102- 137.38 8005568 04/30/2026 PRINTED 016092 WINZER CORPORATION 294.50 17851 3794433 100-0000-15203- 294.50 8005569 04/30/2026 PRINTED 002275 STEVEN WYNN 405.00 17835 03/29-03/2026RB 360-4011-57101- 405.00 8005570 04/30/2026 PRINTED 001153 ZOLL MEDICAL CORPORATION 790.78 17696 4474371 225-3122-53101- 494.24 17696 4474371 400-3122-80101- 296.54 94 City of Orange

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FOR CASH ACCOUNT: 998-0000-10000- FOR: Uncleared CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 119 CHECKS CASH ACCOUNT TOTAL 2,510,245.57 .00 95 City of Orange

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UNCLEARED CLEARED
119 CHECKS FINAL TOTAL 2,510,245.57 .00 ** END OF REPORT - Generated by Holli Kittleson **
96 Date:

Date:

TOTAL AMOUNT (CHECKS & DIRECT DEPOSIT) :

Total Employees Paid:

Trang Nguyen,
Finance Director
Comments:

Pamela Coleman,
City Clerk
Requestor Signature:

In accordance with Government Code Section 37202, I hereby certify and attest that the referenced demand conforms with the approved budget. I also certify and attest to the accuracy of the demands and the availability of funds for payment thereof.

Please review and approve before:

Comments:

Total Vendors Paid :

City of Orange
Finance Department - PAYROLL

PAYROLL WARRANT INFORMATION
PAY PERIOD:

PAYCHECK DATE:
97 Date:

Date:

TOTAL AMOUNT (CHECKS & DIRECT DEPOSIT) :

Total Employees Paid:

Trang Nguyen,
Finance Director
Comments:

Pamela Coleman,
City Clerk
Requestor Signature:

Please review and approve before:

Comments:

Total Vendors Paid :

City of Orange
Finance Department - PAYROLL

PAYROLL WARRANT INFORMATION
PAY PERIOD:

PAYCHECK DATE:
98 Agenda Item
Orange City Council
Item #: 3.3. 5/12/2026 File #: 26-0243
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on April 14, 2026

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· April 14, 2026, Regular Meeting minutes
City of Orange Printed on 5/7/2026Page 1 of 1
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99 Agenda Item
Orange City Council
Item #: 3.3. 5/12/2026 File #: 26-0243
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Approval of minutes of the City of Orange City Council Regular Meeting held on April 14, 2026

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

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· April 14, 2026, Regular Meeting minutes
City of Orange Printed on 5/7/2026Page 1 of 1
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100
City of Orange
Orange City Council
April 14, 2026

MINUTES - DRAFT
The City Council of the City of Orange, California convened on Tuesday, April 14, 2026, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Mayor Slater called Closed Session to order at 5:01 p.m.

1.1 ROLL CALL

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

Absent: None
Councilmember Dumitru joined Closed Session at 5:25 p.m.

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m. with all Members present, except Councilmember Dumitru who joined Closed Session at 5:25 p.m., to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) (One potential case)
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Sean Lee Arnold v. City of Orange, et al.

Orange County Superior Court Case No. 30-2025-01521321

4. CLOSED SESSION REPORT
None

5. ADJOURNMENT
Closed Session was adjourned at 5:40 p.m.

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Orange City Council Minutes - Draft April 14, 2026
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Slater called the meeting to order at 6:02 p.m.

1.1 INVOCATION
Given by Pastor Marco Salinas from Spirit and Truth Worship Center.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Jon Dumitru.

1.3 ROLL CALL

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

Absent: None

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation designating April 19 - 25, 2026 as National Library Week

1.5 REPORT ON CLOSED SESSION ACTIONS
None

2. PUBLIC COMMENTS
Public Speakers:

Mario Ghizzi expressed concerns over his neighbors.

Scott Carroll expressed concerns regarding graffiti throughout the City.

Craig Attanasio commented on national politics.

Ryan Johnson requested that the City recognize May 1 as May Day.

Written Public Comments
Jaine Chapman emailed in support of keeping the Holiday Skate Center open.

Janice Brownfield emailed about the importance of recycling food waste and improving air quality.

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

3.1. Confirmation of accounts payable warrant registers dated March 5, 12, 19, and 26, 2026 and payroll check registers dated March 13, and 27, 2026.

ACTION: Ratified the accompanying registers.

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Orange City Council Minutes - Draft April 14, 2026

3.2. Approval of minutes of the City of Orange City Council Regular Meetings held on March 10 and 24, 2026.

ACTION: Approved minutes as presented.

Approval of the Consent Calendar
All items were approved as recommended.

A motion was made by Councilmember Gutierrez, seconded by Councilmember Gyllenhammer, to approve the Consent Calendar as presented. The motion carried by the following vote:

Bilodeau, Barrios, Dumitru, Gutierrez, Tavoularis, Gyllenhammer, and SlaterAyes:

NoneNoes:

NoneAbsent:

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

4. APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS

4.1. Appointment to the City Traffic Commission
Public Speaker:

Mary Oberschlake spoke in opposition.

A motion was made by Councilmember Tavoularis, seconded by Mayor pro tem Bilodeau, to appoint Alexia Deligianni -Brydges to the City Traffic Commission to fill an unexpired term ending June 30, 2027. The motion carried by the following vote:

Bilodeau, Dumitru, Tavoularis, Gyllenhammer, and SlaterAyes:

Barrios, and GutierrezNoes:

NoneAbsent:

5. REPORTS FROM CITY MANAGER
None

6. ADMINISTRATIVE REPORTS

6.1. Second Budget Study Session for the Proposed Fiscal Year 2026-27 Budget Staff provided an overview of proposed Capital Improvement Projects including deferred projects and reductions to fund balances.

Public Speaker:

AJ Ricci encouraged Council to continue exploring ways to fund projects without relying on City funds and offered to assist in offsetting the Veterans Memorial Park project through private support and community sponsorships.

The report was received and filed.

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Orange City Council Minutes - Draft April 14, 2026

7. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:28 p.m.

The next Regular City Council meeting will be held on Tuesday, April 28, 2026, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________ PAMELA COLEMAN DANIEL R. SLATER

CITY CLERK MAYOR

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Agenda Item
Orange City Council
Item #: 3.4. 5/12/2026 File #: 25-0702
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Agreement with Willdan Financial Services, Inc. for special district administration services and Community Facilities District No. 06-1 (Del Rio) refunding support

2. SUMMARY
A five-year agreement with Willdan Financial Services, Inc. to provide ongoing administration services and support the refunding of Community Facilities District No. 06-1 (Del Rio).

3. RECOMMENDED ACTION
Approve the agreement with Willdan Financial Services, Inc. in the amount of $199,385 for special district administration and to support of the Community Facilities District refunding process; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total five-year cost for this contract is $199,385. Of this, $124,000 is paid directly from assessments collected in the respective districts. Costs related to Redevelopment Agency bonds of $29,400, are reimbursed by the Redevelopment Property tax Trust Fund, and the remaining $45,900, related to the Lease Revenue Bonds and Pension Obligation Bonds, will be funded through the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

6. DISCUSSION AND BACKGROUND
The City maintains several special districts, including two Community Facilities Districts (CFDs), three Landscape Maintenance Districts (LMDs), and a sanitation district. These districts require ongoing administration, including annual reporting, property tax levies and collections, and arbitrage calculations, all of which require specialized expertise and software. In addition, the City administers various debt obligations, including Lease Revenue Bonds, Pension Obligation Bonds, and Tax Allocation Bonds managed by the Successor Agency to the former Redevelopment Agency (RDA).

The City’s current five-year agreement with Willdan Financial Services, approved through a competitive bid process in April 2022, will expire at the end of Fiscal Year 2025-2026. Willdan has provided reliable and high-quality service and has developed familiarity with the City’sdistricts and City of Orange Printed on 5/7/2026Page 1 of 2
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Item #: 3.4. 5/12/2026 File #: 25-0702
bond programs, resulting in efficient and consistent administration.

In addition to ongoing services, Willdan will provide technical support for the refunding of CFD No. 06 -1 (Del Rio) for a fixed fee of $6,500. Services include preparation of financial analyses and data tables for offering documents, evaluation of assessed values and debt metrics, development of tax rate and debt coverage projections, coordination with the financing team, and optional assistance with required property owner notifications.

The proposed agreement provides for district and debt administration services for Fiscal Years 2026- 2027 through 2030-2031, with a total not-to-exceed cost of $199,385.

7. ATTACHMENTS
· Agreement with Willdan Financial Services
City of Orange Printed on 5/7/2026Page 2 of 2
powered by Legistar™
106
Agenda Item
Orange City Council
Item #: 3.4. 5/12/2026 File #: 25-0702
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Trang Nguyen, Finance Director

1. SUBJECT
Agreement with Willdan Financial Services for District Administration Services and Community Facilities District No. 06-1 (Del Rio) Refunding Support

2. SUMMARY
A five-year agreement with Willdan Financial Services, Inc. to provide ongoing administration services and support the refunding of Community Facilities District No. 06-1 (Del Rio).

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

The City’s current five-year agreement with Willdan Financial Services, approved through a competitive bid process in April 2022, will expire at the end of Fiscal Year 2025-2026. Willdan has provided reliable and high-quality service and has developed familiarity with the City’sdistricts and City of Orange Printed on 5/7/2026Page 1 of 2
powered by Legistar™
107
Item #: 3.4. 5/12/2026 File #: 25-0702
bond programs, resulting in efficient and consistent administration.

The proposed agreement provides for district and debt administration services for Fiscal Years 2026- 2027 through 2030-2031, with a total not-to-exceed cost of $199,385.

7. ATTACHMENTS
· Agreement with Willdan Financial Services
City of Orange Printed on 5/7/2026Page 2 of 2
powered by Legistar™
108

PROFESSIONAL SERVICES AGREEMENT
[District Administration Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _______ ________, 2026 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and WILLDAN FINANCIAL SERVICES, a California corporation (“Contractor”), who agree as follows:

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

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

2. Compensation and Fees.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed a cumulative total of ONE HUNDRED NINETY -NINE THOUSAND THREE HUNDRED EIGHTY-FIVE DOLLARS and 00/100 ($199,385.00) for the next five fiscal years (July 1 through June 30) beginning July 1, 2026 with fiscal year 2026/27 without the prior written authorization of City. Additionally, Contractors total compensation for all services performed under this Agreement during each fiscal year shall not exceed the year-by- year cost breakdown, as set forth on Attachment A, without the prior written authorization of the City.

b. Beginning in FY 2027/28 and each fiscal year thereafter, the fees shall be adjusted annually based on the percentage change in the Consumer Price Index (CPI) for Los Angeles-Long Beach-Anaheim region, or the closest equivalent index published at the time o f adjustment.
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2 c. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.

3. Payment.

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

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

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

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

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

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

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

Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall 110
3 not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

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

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

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

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

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

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

12. Reserved.

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

14. Products of Contractor. The documents, studies, evaluations, asses sments, 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. 111
4 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 employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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

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

17. Indemnity.

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

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

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to 112
5 loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off Cit y’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a resu lt of coverage under this subparagraph.

b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.

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 indemniti es 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 worker s’ compensation benefits under any City program.

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

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

d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available 113
6 to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.

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

f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.

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

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

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

i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in Califo rnia so long as such insurer pos sesses 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. 114
7 Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

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

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

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

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

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

21. Compliance with all Laws/Immigration Laws.

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

b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified p revailing rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site 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:
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8 (1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

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

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

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

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

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

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

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

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

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the 116
9 jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

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

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

“CONTRACTOR” “CITY”

Willdan Financial Services City of Orange
27368 Via Industria, Suite 200 300 E. Chapman Avenue
Temecula, CA 92590 Orange, CA 92866-1591
Attn.: Tony Thrasher Attn.: Trang Nguyen

Telephone: (951) 972-8110 Telephone: (714) 744-2235 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 electronically shall have the same effect as original signatures.

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

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

“CONTRACTOR” “CITY”

WILLDAN FINANCIAL SERVICES, CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian, 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.

√

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EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
120
Exhibit A
Willdan Financial Services Page 1 City of Orange
Arbitrage Scope of Services
Task 1: Define Compliance Needs and Provide Implementation Schedule Objective: Obtain bond documents, prior reports, and transactional data necessary to prepare arbitrage computations.

Description: WFS will review the bond documents and prior reports provided by the Client and assess the special elections made at issue and the availability of regulatory exceptions.

Task 2: Verify Bond Yield and Prepare Arbitrage Rebate and Yield Restriction Analysis Objective: Compute the cumulative arbitrage rebate liability and/or yield reduction payment accrual for each bond.

Description: Utilizing data provided by the Client and authorized third parties, WFS will:
 Verify the bond yield as stated in the bond documents;  Identify the bond proceeds subject to arbitrage rebate compliance;  Assume all expenditures of bond proceeds have been made in accordance with Section 148(f) of the Internal Revenue Code;
 Compute investment earnings, taking into account the proper allocation of commingled funds;
 Future value transactions to the computation date;
 Test for exceptions to rebate and penalty in-lieu requirements;  Analyze unspent project funds and overfunded reserves subject to yield restriction pursuant to Section 148(f) of the Internal Revenue Code;  Determine the cumulative arbitrage liability pursuant to Section 148(f) of the Internal Revenue Code; and
 Determine the yield reduction payment pursuant to Section 148(f) of the Internal Revenue Code.

Task 3: Review and Assess Analysis Outcome
Objective: Multi-tiered review of each prepared report and internal discussion of assumptions and opportunities to reduce the rebate liability.

Description: Proper application of the arbitrage rebate regulations requires understanding the purpose of the financing and the investment and expenditure of bond proceeds.

Once the mathematical analysis is complete, a comprehensive review of the report will be performed noting computational assumptions and technical issues to be evaluated.

If appropriate, these issues will be communicated to the Client.

Deliverable: Possible discussion with your staff.

121
Exhibit A

Willdan Financial Services Page 2 City of Orange
Task 4: Conclusions, Recommendations, and Action Plan
Objective: Develop conclusions, recommendations, and produce reports.

Description: WFS will deliver a cumulative inception to current bond year arbitrage rebate report for each bond under contract and, if warranted, will offer recommendations for actions to be taken including:
 Areas where allocation and accounting methodology could be enhanced;  Identification of technologies not currently in use that may be applicable and appropriate for future consideration;
 Identification of obstacles or challenges that could prevent timely or accurate compliance; and
 Instructions for filing IRS forms.

Deliverable: Completed arbitrage rebate report for each bond under contract inclusive of:
 Executive Summary detailing the assumptions and methodology used;  Summary Analysis of all relevant dates;
 Sources and uses of funds;
 Arbitrage yield and yield restriction requirements;
 Rebate liability summarized and by fund;
 Arbitrage/Investment Yield Comparison Graph;
 Rebate Calculations by fund; and
 Outstanding Investments Summary.

Task 5: Review Results
Objective: Discuss arbitrage rebate positions, opportunities, and possible areas of enforcement concern.

Description: Key strategic and procedural issues will be discussed, as well as strengths and challenges relating to long-term arbitrage rebate compliance.

Deliverable: Discussion with Client staff.

Task 6: File IRS Payment and Refund Requests
Objective: Assist with filing arbitrage rebate payments and refund requests.

Description: WFS will supply completed IRS forms and payment instructions, as needed.

Deliverable: Completed IRS Payment and Refund Request Forms, with accompanying instructions.

Task 7: Monitor Regulatory Enhancement and Enforcement Actions Objective: WFS will help Client staff stay abreast of regulatory interpretation and enforcement.

Description: WFS requires analyst staff to participate in yearly continuing education events and encourages discussion of current regulatory interpretation with clients. Depending upon the circumstances, WFS may recommend procedural and documentation changes to Client staff.

Deliverable: Audit assistance.

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Exhibit A
Willdan Financial Services Page 3 City of Orange
Continuing Disclosure Scope of Services
Willdan (WFS) will provide assistance and advice specific to ongoing continuing disclosure matters. With regard to the City’s outstanding debt financings, Willdan will support the City in preparing annual continuing disclosure reports. Willdan will help the City provide required financial and operating data requested by investors and/or required by the bond documents to keep securities holders informed of the investment quality of debt issue. Willdan will also assist the City in responding to questions from investors and other market participants.

Task 1: Define Compliance Needs and Provide Implementation Schedule Objective: Collect bond documents relating to the debt issue, including but not limited to, the formation documents, the official statement, financial statements, Annual Continuing Disclosure Information Statement, and prior CDIAC report, if applicable.

Description: WFS will review the bond documents and establish an annual reporting schedule.

Deliverable: Reporting schedule.

Task 2: Compile Data Necessary to Complete Continuing Disclosure and/or CDIAC Report Objective: Collect data and other third-party information required to be included in the continuing disclosure report and/or CDIAC Report directly from the Client, trustees, fiscal agents, state and county agencies and others.

Description: Review the information for accuracy and compliance with continuing disclosure documents.

Task 3: Report Preparation and Review
Objective: Create a draft of the continuing disclosure report and/or CDIAC Report for review.

Description: WFS will discuss with Client staff any relevant issues and provide suggestions regarding industry standards.

Deliverable: Continuing Disclosure and/or CDIAC Report.

Task 4: Report Dissemination
Objective: Provide timely Disclosure Report filings to the municipal market, CDIAC reports, if applicable, to the State of California.

Description: Once authorization to disseminate has been received, WFS will post the report to EMMA and provide confirmation of the date and time of the posting. If applicable, WFS will post the CDIAC report on the CDIAC website.

Deliverable: Upload completed and approved Disclosure Report to EMMA, or the currently recognized public repository.

Submit CDIAC report to CDIAC.

Task 5: Notices of Occurrence of Listed Events and Supplemental Reporting Objective: Provide timely Notice of Occurrence of Listed Events to the municipal market and supplement annual filings as necessary.

Description: WFS will prepare Notices of Occurrence of Listed Events covering events enumerated in Rule 15c2-12(b).

WFS will also prepare Supplemental Disclosure Reports, as necessary.

Deliverable: Upload Notices of Occurrence of Listed Events and Supplemental Disclosure Reports to EMMA, or the currently recognized public repository. Provide confirmation of the date and time of the posting.

Task 6: Investor Support
Objective: Present a unified message to the municipal market.

Description: WFS will respond to investor calls either directly or after consultation with your staff.

Deliverable: Investor Call Support.

Task 7: Ongoing Regulatory Education
Objective: Ensure communication with the secondary market meets current regulatory requirements and is mindful of enforcement actions and investor concerns.

Description: WFS will monitor information releases from CDIAC, the SEC and the MSRB regarding enforcement actions and regulatory changes. If requested, WFS will review draft disclosure documents for new issues.

Deliverable: Upon request.
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Exhibit A

Willdan Financial Services Page 4 City of Orange
Landscape and Lighting District Administration Services Outlined below are the steps necessary to meet the needs of the following Landscape Maintenance Districts (“LMDs”): No. 86-2 (Santiago Hills); No. 94-1 (Sycamore Crossing); and No. 15-1 (Santiago Hills Overlay).

1. Create and maintain a parcel levy database by using parcel information from various sources. As new data becomes available, update the database, and enhance the data through parcel research using current secured roll information, County Assessor maps, various third-party resources, and specific information provided by the City (e.g., up-to-date map approval status, building permits or certificate of occupancy data). Updates to the database will include those necessitated by the addition and/or removal of parcels, land subdivisions and merges, ownership and mailing address changes, and adjusted benefit unit information.

2. Attend up to two (2) City Council meetings, public hearings, and/or staff meetings; and be available to answer questions posed by City Council or staff.

3. Update the parcel levy database by using the parcel listing and Engineer’s Reports provided by the City. The data will be verified against the County secured roll to identify and resolve any anomalies.

4. Provide the assessment amount for each parcel by APN to the County Auditor/Controller’s Office in the media, format and configuration required by the County for placement on the annual property tax roll.

5. Submit the electronic collection file, the Resolution to Levy, and other necessary documentation required by the County Auditor/Controller’s Office for collection of the assessments.

6. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller’s Office.

7. Provide a final applied listing of parcels, special assessment billing characteristics, and corresponding charge amounts.

8. Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding special assessment installments and related information.

9. As requested, prepare and mail invoices (handbills) to all property owners whose annual assessment could not be applied to the County tax roll (parcels for which the County does not generate a tax bill). These invoices would provide for two (2) installments, similar to the County tax bills, and would be payable directly to the City.

Community Facilities District Administration
The following outlines the steps necessary to annually administer CFD No. 91-2 (Serrano Heights) and CFD No. 06-1 (Del Rio).

1. Updated and maintain a parcel levy database by using parcel information from various sources. As new data becomes available, update the database, and enhance the data through parcel research using current secured roll information, County Assessor maps, various third-party resources, and specific information provided by the City (e.g., up-to-date map approval status, building permits or certificate of occupancy data). Updates to the database will include those necessitated by the addition and/or removal of parcels, land subdivisions and merges, ownership and mailing address changes, and adjusted benefit unit information. This database will then become the source for the calculation of the annual special tax.

2. Annually calculate and apportion the special taxes as specified in the Rate and Method of Apportionment of Special Tax (RMA).

3. Prepare, if necessary, staff report and/or an annual resolution that establishes the budget for the fiscal year and application of the special tax to be submitted to the County, including the special tax summary for the fiscal year.

4. Attend up to two (2) in-person City Council and/or staff meetings. Willdan will also be available to answer any questions requested by City staff.

124
Exhibit A

Willdan Financial Services Page 5 City of Orange

5. Provide special tax levies for each parcel by APN to the County Auditor/Controller’s Office in the media, format and configuration required by the County for placement on the annual property tax roll.

6. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller’s Office.

7. Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding special tax installments and related information.

8. Submit periodic delinquency reports to the City each February and June.

9. Provide the City with an annual report detailing the levy summary, delinquency status, special tax billing characteristics, RMA, debt service detail, and the charge detail for all parcels.

10. Provide the annual report to the California Debt and Investment Advisory Commission (CDIAC) by October 30 if required by the California Government Code, section 53359.5(b), as amended.

11. Prepare “Notice of Special Tax” as required by the California Government Code, Sections 53340.2(b) and 53341.5, as amended. The fee for this service is $15 per notice and is to be paid by the requestor.

12. Prepare and mail invoices (handbills) to all property owners whose proposed annual tax for their parcel could not be applied to the County tax roll (parcels for which the County does not generate a tax bill). These invoices would be provided in two (2) installments, similar to the County tax bills, and would be payable directly to the Client.

13. Calculate written prepayment quotes (if allowable) for individual special tax liens, as described in the Rate and Method of Apportionment of Special Tax or by resolution. For parcels prepaying the special tax, Willdan will coordinate the removal of the lien. The fee for this service is $500 per calculation, which is to be paid by the requestor.

14. Perform required bond call spreads and coordinate the early redemption of outstanding bonds. The fee for this service is hourly, using our then-current hourly rates (located within the cost proposal).

Sanitation District Administration

1. Update and maintain a parcel levy database by using parcel and billing information provided by the City and Water Utility.

2. Provide assessments for each parcel by APN to the County Auditor/Controller’s Office in the media, format and configuration required by the County for placement on the annual property tax roll.

3. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller’s Office.

4. Provide the City with a final applied listing of parcels, assessment characteristics, and corresponding charge amounts.

5. Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding the assessment installments and related information.

125
Exhibit A

Willdan Financial Services Page 6 City of Orange
Client Responsibilities
The Client will submit to WFS:
 Financial and Operating Information, including but not limited to: Bond documentation, Adopted Budget, Audited and Unaudited Financial Statements (if audited financials are not available), communications with CDIAC, bank statements/transactional data, and fund balances.  Timely review of draft Disclosure Report.
 Authorization to disseminate Disclosure Report.
 All information relating to any change to the credit ratings or the occurrence of Listed Events as identified in the Continuing Disclosure Agreement or Certificate within three business days from the date of occurrence of such event.
 All Ratings Reports sent to Client by any Rating Agencies. Authorization for Rating Agencies, Trustees, and any other third parties to send information directly to WFS.

The City uses, or may use, the services of one or more municipal advisors registered with the SEC to advise it in connection with municipal financial products and the issuance of municipal securities; (ii) The City is not looking to Willdan to provide, and the City shall not otherwise request or require Willdan to provide any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); (iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder; (iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash-flow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City , (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City , in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services. 126
Exhibit B

Willdan Financial Services Page 7 City of Orange

FEES FOR SERVICES
Arbitrage Rebate Services
To the extent that the necessary information is available, WFS endeavors to quote fees that accurately reflect the complexity of the services needed. If circumstances are encountered that affect our ability to proceed, such as additional information coming to our attention not determined or available during our scoping efforts, we will inform you promptly and seek your approval for any changes in scope, timing or fees that may result from such circumstances.

Billed invoices are required to be paid within 30 days.

Consultant shall receive reasonable adjustment for delays and costs incurred due to tariffs, or other similar acts of government.

Issue Issue Date Calculation
Date Fee
$18,492,000
CFD No. 91-2 (Serrano Heights),
Series 2021
12/21/2021 12/21/2026 $1,750 *
$20,375,000
2018 Tax Allocation Refunding Bonds,
Series A
7/12/2018 7/12/2028 $1,500
$23,920,000
Community Facilities District No. 06-1 (Del
Rio Public Improvements) 2015 Special
Tax Refunding Bonds
3/18/2015 9/30/2029 $1,500
$29,930,000
Lease Revenue Bonds 2020A (Fire and
Police Station Headquarters)
7/16/2020 7/16/2030 $1,250
IRS Audit Assistance $200 per hour
Request for Refund of Overpayment No Charge
Preparation of IRS Form 8038-T (Payment) No Charge
* Includes one-time engagement fee.

127
Exhibit B

Willdan Financial Services Page 8 City of Orange
Continuing Disclosure Services

Continuing Disclosure Services Fee
Engagement Fee $250 per Issue *
Base Annual Report Fee:
 Tax Allocation Bonds $2,100
 Lease Revenue/Pension Obligation Bonds $1,500
Dissemination per Document $100
Incremental Fee per Parity Bond Issue (applies to all bond types above) $900 per issue Supplemental/Amended Reports $250 - 450 per Report
Notice of Occurrence of Listed Events, if necessary $250 per Notice Annual Third-Party Expenses At Cost plus 15%
CDIAC Report Preparation and Filing
CDIAC Yearly Status Report (due annually in October) $450 per Report CDIAC Yearly Transparency Report (due annually in January) (while proceeds are outstanding) $950 per Report
CDIAC Yearly Transparency Report (due annually in January) (once proceeds are fully expended) $250 per Report
* No charge for issues that WFS has worked on in the past.

128
Exhibit B

Willdan Financial Services Page 9 City of Orange
District Administration Services

**Beginning in FY 2027/28 and each fiscal year thereafter, the fees listed above shall be adjusted annually based on the percentage change in the Consumer Price Index (CPI), for Los Angeles–Long Beach–Anaheim region, or the closest equivalent index published at the time of adjustment.

Reimbursable Expenses
Any additional expense from outside services will be billed to the Client. Charges for meeting and consulting with counsel, the Client, or other parties regarding services not listed in the scope of work above will be at our then-current hourly rates (see “Hourly Rates” section).

In the event that a third party requests any documents, WFS may charge such third party for providing said documents in accordance with WFS’ applicable rate schedule.

Hourly Rates
Additional authorized services will be billed at WFS’ then-current hourly consulting rates. Our current hourly rates are presented below.

Position Hourly Rate
Vice President - Director $ 250
Assistant Director 240
Principal Consultant 210
Senior Project Manager 185
Project Manager 165
Senior Project Analyst 135
Senior Analyst 125
Analyst II 110
Analyst 100
Analyst Assistant 75

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T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com April 10, 2026
Mr. Trang Nguyen
Finance Director
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
Re: Refunding of Community Facilities District No. 06-1, Del Rio for the City of Orange Dear Mr. Nguyen:

Pursuant to your request, attached is a letter proposal for the refun ding of the Community Facilities District No. 06-1, Del Rio.

Scope of Services
CFD Refunding
To assist City of Orange (“City”) with the refunding of its special tax bonds for Community Facilities District No. 06-1, Del Rio (“CFD”), Willdan will perform the following tasks:

1. Prepare calculations for the Preliminary Official Statements (POS) and Official Statements (OS). Calculations may include the following elements as requested:
a. Tables providing special tax amounts, special tax categories, assessed valuations, assessed value categories, calculated debt burdens, and value-to-liens. b. Value-to-lien and value-to-bonded debt computations. c. Overlapping debt tables indicating property values, as compared to existing and new district debt; and any other CFD outstanding parcel debt.
d. Effective tax rate schedules indicating projected tax rate on parcels resulting from new and prior debts. e. Historical delinquency and assessed valuation information. f. Projected levy and debt service coverage.
g. Other data tables and analysis (as requested by City, underwriter, financial advisor, or bond counsel).

2. Participate in financing team conference calls and meetings (as requested).

3. Optional: As requested, preparation of Refunding notice to impacted property owners of record within the CFD.

Fee
CFD Refunding
Willdan will provide refunding services for a fixed fee of $6,500.

Our fees will not be contingent on the outcome of the refunding of the CFD.

The fixed fee does not include the direct costs associated with the printing, processing, and mailing of notices. We will bill the City for these at our cost , plus 15 percent (15%), based on actual costs. These costs are estimated at $2.25 per mailed piece and they will be billed directly to the City at the time of the mailing once the actual costs are known.
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City of Orange, CA
Reimbursable Expenses
Willdan will be reimbursed for out of pocket expenses. Examples of reimbursable expenses include, but are not limited to:
▪ Postage,
▪ Travel expenses,
▪ Mileage (current federal prevailing rate),
▪ Maps,
▪ Electronic data provided from the county and/or other applicable resources,
▪ Copying (currently 6¢ per copy), and
▪ Overlapping Debt Table provided by Cal-Muni.

Any additional expense for reports or outside services will be billed to the City. Charges for meeting and consulting with the counsel, the City, or other parties regarding services not listed in the scope of work above will be at our then-current hourly r ates. In the event that a third party requests any documents, Willdan may charge such third party for providing said documents, in accordance with Willdan’s applicable rate schedule.

Project Disclaimer
Willdan is a registered municipal advisory firm with the U.S. Securities and Exchange Commission (“SEC”), as such the City of Orange represents, acknowledges, and agrees that Willdan is not acting as a “municipal advisor” (as defined by the SEC), to the City, in any capacity as it relates to the project proposed in this CFD Refunding project. (i) The City uses, or may use, the services of one or more municipal advisors registered with the SEC to advise it in connection with municipal financial products and the issuance of municipal securities; (ii) The City is not looking to Willdan to provide, and the City shall not otherwise request or require Willdan to provide any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues);
(iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash- flow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue g rowth) established by the City ,in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services. 131

City of Orange, CA
Authorization
General terms and conditions for this engagement are included as Attachment 1. If the terms of this engagement are acceptable to you, please sign where indicated and email this letter back to:

Avery Perier
Proposal Coordinator II
Ph. (951) 587-3500 | E-mail: [email protected]

We are excited about this opportunity to use our skills and expertise to assist the City of Orange and look forward to hearing from you . If you have any questions regarding this proposal, please contact me at (951) 587 -3575 or via email at [email protected].

Sincerely,
Willdan Financial Services
Mike Medve
Principal Consultant
Financial Consulting Services

City of Orange, CA

Trang Nguyen Date
Finance Director

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Willdan Financial Services Page 4 City of Orange, CA

ATTACHMENT 1 TO LETTER AGREEMENT

TERMS AND CONDITIONS
The Letter Agreement between the City of Orange (“Client”) and Willdan Financial Services (“WFS”) is subject to these Terms and Conditions (collectively, this “Agreement”).

1. Additional Services. Additional services shall be performed by WFS only upon Client’s request evidenced by a written addendum executed by both parties.

2. Compensation. WFS shall submit monthly statements for services. Payments shall be due and payable within 30 days of invoice and if not timely paid shall bear interest at the rate of 1.5% per month.

3. Termination. Either party may terminate this Agreement at any time upon 30 days’ written notice. In the event of early termination, WFS shall be paid for services performed prior to the effective date of termination.

4. Data Provided by Client . WFS shall rely upon data provided by Client without independent verification of accuracy. WFS shall not be responsible for any errors resulting from its use of inaccurate data provided by Client.

5. Indemnification. Each Party shall indemnify the other from claims resulting from their respective negligence or other wrongful conduct or the negligence or other wrongful conduct of their respective officers, agents or employees.

6. Insurance. WFS shall maintain the following insurance:
a. Workers' Compensation and Employer's Liability Insurance as prescribed by applicable law. b. Commercial General Liability Insurance, with limits not less than $1,000,000 per occurrence and general aggregate.
c. Commercial Automobile Liability with limits not less than $1,000,000 per occurrence. d. Professional Liability with limits not less than $1,000,000 per claim and annual aggregate. e. All policies except Professional Liability and Workers Compensation shall include Client as an additional insured and be primary with respect to any insurance carried by WFS. All policies shall include a waiver of subrogation in favor of Client.
f. WFS shall provide Client with certificates of insurance evidencing compliance with the above insurance requirements prior to commencing services.

7. Miscellaneous.
a. Titles used in this Agreement are for general reference and are not a part of the Agreement. b. This Agreement shall be interpreted as though prepared by both parties. c. Any provision of this Agreement held to violate any law shall be deemed void, and all remaining provisions shall continue in full force and effect.
d. This Agreement shall be interpreted under the laws of the State of California. e. This Agreement comprises a final and complete repository of the understandings between the parties and supersedes all prior or contemporary communications, representations, or agreements, whether oral or written, relating to the subject matter of this Agreement. f. Any notices given pursuant to this agreement shall be effective on the third business day after posting by first class mail, postage prepaid, to the address appearing immediately after the signatures below. g. WFS shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing or environmental impact reports. h. WFS’s waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any subsequent breach of any other term, condition or covenant. i. WFS shall not be responsible for the performance of services by third parties not retained by WFS.

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Agenda Item
Orange City Council
Item #: 3.5. 5/12/2026 File #: 26-0217
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Adam Jevec, Chief of Police

1. SUBJECT
Agreement with California Forensic Phlebotomy, Inc. for evidence collection services through June 30, 2028

2. SUMMARY
A proposed two-year agreement, through a Cooperative Purchasing Agreement, Contract No. MA- 060-26010704, will provide the continuation of services for the collection of evidentiary blood samples in the amount of $82,000 per year, a total contract amount of $164,000, for Fiscal Years 2026-2027 and 2027-2028.

3. RECOMMENDED ACTION
Approve the two-year agreement with California Forensic Phlebotomy, Inc. in the amount of $164,000 for evidence collection services; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $164,000, $82,000 per year, and will be funded upon adoption of the proposed fiscal year budgets through General Fund (100):
100-4011-55000 Contractual Services

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

6. DISCUSSION AND BACKGROUND
Unlawful offenses involving alcohol and drugs, pursuant to the California Vehicle Code, may require the collection of evidence samples. In accordance with Vehicle Code 23158, evidentiary samples must be collected by qualified personnel including certified phlebotomy technicians, licensed physicians, nurses, or other authorized individuals.

Once collected, evidentiary samples are submitted to the Orange County Crime Lab (OCCL) for analysis. The withdrawal, handling, and preservation of evidentiary samples must comply with strict procedural standards as outlined in the Orange Police Department Policy Manual, Policy No. 505.

Since 1989, the Orange Police Department has contracted with California Forensic Phlebotomy, Inc. (CFP) to provide evidentiary blood collection services. CFP provides trained medical personnel to perform blood draws, provide chain of custody, transports evidence to OCCL, and provides court testimony as needed. CFP operates 24 hours per day, seven days per week, and serves other City of Orange Printed on 5/7/2026Page 1 of 2
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Item #: 3.5. 5/12/2026 File #: 26-0217
testimony as needed. CFP operates 24 hours per day, seven days per week, and serves other Orange County law enforcement agencies, including the Sheriff’sDepartment and California Highway Patrol.

The proposed agreement term spans two fiscal years, commencing July 1, 2026, and terminating June 30, 2028. For Fiscal Years 2026-2027 and 2027-2028, the current per-sample service rate will remain unchanged at $164 per sample. Services will be procured through a Cooperative Agreement between CFP and the Sheriff-Coroner under Contract No. MA-060-26010704.

Based on CFP’s high level of service and reliability, the Police Department recommends the continuation of evidentiary blood collection services at a cost of $82,000 annually, for a total contract amount of $164,000 over the two-year term.

7. ATTACHMENTS
· Agreement with California Forensic Phlebotomy, Inc.

City of Orange Printed on 5/7/2026Page 2 of 2
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Agenda Item
Orange City Council
Item #: 3.5. 5/12/2026 File #: 26-0217
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Adam Jevec, Chief of Police

1. SUBJECT
Agreement with California Forensic Phlebotomy, Inc. for evidence collection services through June 30, 2028

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

Since 1989, the Orange Police Department has contracted with California Forensic Phlebotomy, Inc. (CFP) to provide evidentiary blood collection services. CFP provides trained medical personnel to perform blood draws, provide chain of custody, transports evidence to OCCL, and provides court testimony as needed. CFP operates 24 hours per day, seven days per week, and serves other City of Orange Printed on 5/7/2026Page 1 of 2
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Item #: 3.5. 5/12/2026 File #: 26-0217
testimony as needed. CFP operates 24 hours per day, seven days per week, and serves other Orange County law enforcement agencies, including the Sheriff’sDepartment and California Highway Patrol.

7. ATTACHMENTS
· Agreement with California Forensic Phlebotomy, Inc.

City of Orange Printed on 5/7/2026Page 2 of 2
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PROFESSIONAL SERVICES AGREEMENT
[Phlebotomy Services]

THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _________________, 2026 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and CALIFORNIA FORENSIC PHLEBOTOMY, INCORPORATED , a California corporation (“Contractor”), who agree as follows:

1. Services.

a. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A ,” which is attached hereto and incorporated herein by reference. Contractor shall perform to the reasonable satisfaction of the City, the following services: take and analyze blood samples, transport urine samples, appear in court or elsewhere at the request of City to discuss or testify regarding the taking of samples, tests made, transportation of samples and results thereof. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work. Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing 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 Exhib it "A" to the contrary.

b. All tests shall be conducted in accordance with the direction and procedures prescribed by the Orange County Sheriff’s Department, Forensic Science Services Division.

c. Consultant shall not perform services for other public entities or individuals under circumstances in which a possibility exists that Consultant shall be required to provide testimony as to conduct, analysis, and result of such test in opposition to the same or similar tests conducted by it on behalf of City.

d. Consultant agrees to provide employee or employees who shall remain available on an on-call basis at all times, and agrees that such employees shall conduct such tests called for under this Agreement and respond to any Orange County location as City may re quest.

Services hereunder shall be performed only by employees of Consultant approved as acceptable to City and City may refuse to permit tests to be performed or conducted by an employee of Consultant considered by City its sole discretion to be unacceptable; provided that it is understood by the parties that clerical and other nonprofessional work may be performed by other employees of Consultant.
138
2 2. Compensation, Fees, and Term.

a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED SIXTY -FOUR THOUSAND DOLLARS and 00/100 ($164,000.00) without the prior written authorization of City.

b. Consultant’s fee, as specified in Exhibit “A,” shall be per test/sample or dry run for the following:

(1) Blood tests – the taking of blood sample and its transportation to the Orange County Sheriff Crime Laboratory;
(2) Urine samples – the transportation of a urine sample to the Orange County Sheriff Crime Laboratory;
(3) For all of the above – any discussion and testimony in court as set forth in Section 1.a is included in the fee.

c. 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.

d. The term of this Agreement shall commence on July 1, 2026 and terminate on June 30, 2028.

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.

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. Payment schedules shall not apply to the payment of invoices which are reasonably in dispute.

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. All amendments shall set forth the changes of work, extension of 139
3 time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

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.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

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

10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement immediately upon the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto or as otherwise agreed to by and between the representatives of the parties.
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4 11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Reserved.

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

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 141
5 and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(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 or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall inde mnify 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.

18. Insurance.

b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability 142
6 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.

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.

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.

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 143
7 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 pos sesses 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.

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.

144
8 b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified p revailing rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site 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

d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.

f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.

145
9 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.

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.

“CONTRACTOR” “CITY”

California Forensic Phlebotomy, Incorporated City of Orange 8285 E. Santa Ana Canyon Road, Ste. 135-274 300 E. Chapman Avenue Anaheim Hills, CA 92808 Orange, CA 92866-1591
Attn.: Robert J. Vega Attn.: Lt. Joel Nigro

Telephone: (714) 783-8519 Telephone: (714) 744-7406 E-Mail: [email protected] E-Mail: [email protected]

[Signatures on next page]

146
147
10 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

CALIFORNIA FORENSIC PHLEBOTOMY, CITY OF ORANGE, a municipal corporation INCORPORATED, 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, City Attorney

√

X
148

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
149
8285 E. Santa Ana Cyn Rd. Ste. 135-274
Anaheim Hills, CA 92808
Administration (949) 309-2459
Fax (949) 203-2133
[email protected]

1 April 2, 2026

City of Orange
Police Department
1107 N. Batavia Street
Orange, CA 92867

RE: Hilda Montoya, Sr. Administrative Analyst

Dear Hilda,

As requested, this will serve as “Exhibit A” for purposes of preparing the Professional Services Agreement for FY 26-27 and FY 27-28 between California Forensic Phlebotomy and the City of Orange. Please refer to page two for the scope of work and rates.

Thank you for the opportunity to continue our relationship with the City of Orange Police Department. We look forward to serving your evidentiary blood collection needs for years to come.

Sincerely,

Robert J. Vega
President

150
8285 E. Santa Ana Cyn Rd. Ste. 135-274
Anaheim Hills, CA 92808
Administration (949) 309-2459
Fax (949) 203-2133
[email protected]

2 SCOPE OF WORK

Contractor to provide employees who shall remain available on an on-call basis at all times, seven (7) days per week, twenty-four (24) hours per day, three hundred sixty five (365) a year, and agree to said employees to conduct tests identified in the City agreement, as requested. Locations for taking blood samples shall include, but not limited to: Orange Police Department, local hospitals, Orange County Jail, and field locations in and around the City of Orange.

Contractor to provide related employees to appear and conduct requested tests within forty (4 0) minutes of such request. Contractor to provide twenty-four (24) access to a supervisor to remedy any problems or questions that may arise.

Contractor to provide medical supplies and equipment necessary to conduct tests at no cost to the City. Contractor to provide transportation for employees at no cost to the City.

Contractor’s employees, upon request of the City and/or the Orange County District Attorney, shall appear in court or any other designated location, at no additional cost, for the purpose of discussion or testimony concerning collecting of samples.

Contractor’s said employees agree to appear in court at the time designated by the City and/or the Orange County District Attorney. The City and/or the District Attorney will provide at least two (2) hours’ notice for such an appearance.

In addition to applicable laws, all blood sample collection and subsequent handling shall be conducted in accordance with direction and procedures prescribed by the Orange County Sheriff Department Forensic Sciences Services Division. Only employees of the Contractor, deemed acceptable by the City, hereunder shall perform services; the City will refuse to permit blood samples to be collected by any employee of Contractor considered, by the City in its sole discretion, to be unacceptable.

All blood samples shall be refrigerated immediately and relinquished by the Contractor at the County of Orange’s refrigerated blood locker located at the Orange County Crime Lab. Contractor to provide at Contractor’s expense, supplies necessary to ensure that blood samples are properly refrigerated as directed by the Orange County Sheriff Department Forensic Science Services Division.

COMPENSATION

Effective 7/1/26 – 06/30/27 $164.00
Effective 7/1/27-06/30/28 $164.00

151
Agenda Item
Orange City Council
Item #: 3.6. 5/26/2026 File #: 26-0278
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Nathalie Adourian, City Attorney

1. SUBJECT
First Amendment to Memorandum of Understanding with Milan REI X, LLC

2. SUMMARY
The City Council approved a Memorandum of Understanding with Milan REI X, LLC on July 22, 2025. The Memorandum of Understanding does not mandate City of Orange approvals. It memorializes that the City of Orange will expeditiously process all applications and permit requests by July 1, 2026 with the understanding that Milan REI X, LLC will withdraw its Senate Bill 330 applications. The Memorandum of Understanding first amendment extends the July 1, 2026 deadline, extends the related tolling agreements, authorizes the City Manager to execute up to six months of additional extensions, and incorporates reporting requirements.

3. RECOMMENDED ACTION
Approve the first amendment to the Memorandum of Understanding with Milan REI X, LLC; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

6. DISCUSSION AND BACKGROUND
On July 22, 2025, the Orange City Council approved a Memorandum of Understanding (MOU) with Milan REI X, LLC (Milan). While the MOU did not mandate or guarantee City approvals, it memorialized the City’sintent to take all considered efforts to expeditiously review Milan applications and/or permit requests as it relates to:
· 22 single family homes north of the Santiago Creek (Mabury 22). · 30 residential units at 6146 East Santiago Canyon Road (Residential Project); and · Sully Miller open space project (Open Space Project)
Prior to executing the MOU, in November 2023, Milan submitted preliminary applications for residential projects pursuant to Senate Bill 330 (Builders Remedy). This prompted discussions between the City and Milan which precipitated the existing Tolling Agreements that are subject to City of Orange Printed on 5/7/2026Page 1 of 2
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Item #: 3.6. 5/26/2026 File #: 26-0278
between the City and Milan which precipitated the existing Tolling Agreements that are subject to MOU Section 1.4, and the focal point of this first amendment.

Pursuant to MOU Section 1.4, the existing Tolling Agreements will expire on July 22, 2026. When the MOU was initially approved in July 2025, it was agreed that Milan would dismiss its Builders Remedy applications if the City issued ministerial permits for the Mabury 22 project by August 1, 2026, while also approving the Residential and Open Space Projects by July 1, 2026.

With the MOU deadlines approaching, Milan has requested a 30-day extension to the Tolling Agreements pursuant to MOU Section 1.4. Staff have evaluated Milan’s request, and believes granting this extension serves the City’sbest interest. Overall, the proposed first amendment to the MOU includes the following changes:
· Tolling agreements will extend 30 days until August 21, 2026, without limiting the City’s obligation to process applications in accordance with state law. · The City’s approval deadline will be extended to August 21, 2026. · The City Manager will be granted authority to approve additional extensions to the Tolling Agreements and approval deadlines in 30-day increments provided:
o That the 30-day increments do not exceed six months in total. o That the Developer provides written status updates on the Mabury-22 project, Residential Project, and Open Space Project.
· That any extension approved administratively be in the best interest of the City and not materially impact the City’s ability to enforce the MOU’s terms and performance expectations.

7. ATTACHMENTS
· First Amendment to Milan REI X, LLC Memorandum of Understanding City of Orange Printed on 5/7/2026Page 2 of 2
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153
Agenda Item
Orange City Council
Item #: 3.6. 5/26/2026 File #: 26-0278
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Nathalie Adourian, City Attorney

1. SUBJECT
First Amendment to Memorandum of Understanding with Milan REI X, LLC

3. RECOMMENDED ACTION
Approve the first amendment to the Memorandum of Understanding with Milan REI X, LLC; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability.

6. DISCUSSION AND BACKGROUND
On July 22, 2025, the Orange City Council approved a Memorandum of Understanding (MOU) with Milan REI X, LLC (Milan). While the MOU did not mandate or guarantee City approvals, it memorialized the City’sintent to take all considered efforts to expeditiously review Milan applications and/or permit requests as it relates to:
· 22 single family homes north of the Santiago Creek (Mabury 22). · 30 residential units at 6146 East Santiago Canyon Road (Residential Project); and · Sully Miller open space project (Open Space Project)
Prior to executing the MOU, in November 2023, Milan submitted preliminary applications for residential projects pursuant to Senate Bill 330 (Builders Remedy). This prompted discussions between the City and Milan which precipitated the existing Tolling Agreements that are subject to City of Orange Printed on 5/7/2026Page 1 of 2
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154
Item #: 3.6. 5/26/2026 File #: 26-0278
between the City and Milan which precipitated the existing Tolling Agreements that are subject to MOU Section 1.4, and the focal point of this first amendment.

7. ATTACHMENTS
· First Amendment to Milan REI X, LLC Memorandum of Understanding City of Orange Printed on 5/7/2026Page 2 of 2
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158
Agenda Item
Orange City Council
Item #: 3.7. 5/12/2026 File #: 26-0262
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Second Amendment to Agreement with Liebert Cassidy Whitmore, A Professional Law Corporation to provide legal services relating to labor negotiations

2. SUMMARY
The City currently has an Attorney Services Agreement with Liebert Cassidy Whitmore to provide legal services for labor negotiations, with a First Amendment to the Attorney Services Agreement for an amount not to exceed $60,000, which will soon be expended. To date, $53,154 has been spent.

The proposed Second Amendment to the Attorney Services Agreement will increase the not to exceed amount by $30,000 for a total amount not to exceed $90,000.

3. RECOMMENDED ACTION
Approve the Second Amendment to Agreement with Liebert Cassidy Whitmore, A Professional Law Corporation for finalization of labor negotiations; and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for the Second Amendment to Attorney Services Agreement is $30,000 and will be funded through 100-1401-55102 Legal Services.

5. STRATEGIC PLAN GOALS
Goal 4: Improve Employee Retention and Recruitment

6. DISCUSSION AND BACKGROUND
The City of Orange retained Liebert Cassidy Whitmore (LCW), a law firm specializing in public sector labor and employment law, to provide legal services related to collective bargaining and labor negotiations. LCW has extensive experience supporting California municipalities in complex labor matters, including negotiations with employee bargaining units, impasse procedures, and contract administration.

Recently, the City faced labor relations challenges with two (2) of the represented bargaining groups that led to impasse, mediation, and strike-related activity that required additional legal guidance and strategic support. These circumstances increased the need for specialized legal services, including advising on the City’slegal obligations during a strike, ensuring compliance with applicable labor City of Orange Printed on 5/7/2026Page 1 of 2
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159
Item #: 3.7. 5/12/2026 File #: 26-0262
advising on the City’slegal obligations during a strike, ensuring compliance with applicable labor laws, and mitigating potential liability. The legal and strategic complexities associated with strike conditions required the need for additional legal service support beyond the original scope of the Agreement.

7. ATTACHMENTS
· Second Amendment to the Attorney Services Agreement with Liebert Cassidy Whitmore, A Professional Law Corporation
City of Orange Printed on 5/7/2026Page 2 of 2
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160
Agenda Item
Orange City Council
Item #: 3.7. 5/12/2026 File #: 26-0262
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
Second Amendment to Agreement with Liebert Cassidy Whitmore, A Professional Law Corporation to provide legal services relating to labor negotiations

The proposed Second Amendment to the Attorney Services Agreement will increase the not to exceed amount by $30,000 for a total amount not to exceed $90,000.

3. RECOMMENDED ACTION
Approve the second amendment to agreement with Liebert Cassidy Whitmore, A Professional Law Corporation for finalization of labor negotiations; and authorize the Mayor and the City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for the Second Amendment to Attorney Services Agreement is $30,000 and will be funded through 100-1401-55102 Legal Services.

5. STRATEGIC PLAN GOALS
Goal 4: Improve Employee Retention and Recruitment

Recently, the City faced labor relations challenges with two (2) of the represented bargaining groups that led to impasse, mediation, and strike-related activity that required additional legal guidance and strategic support. These circumstances increased the need for specialized legal services, including advising on the City’slegal obligations during a strike, ensuring compliance with applicable labor City of Orange Printed on 5/7/2026Page 1 of 2
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161
Item #: 3.7. 5/12/2026 File #: 26-0262
advising on the City’slegal obligations during a strike, ensuring compliance with applicable labor laws, and mitigating potential liability. The legal and strategic complexities associated with strike conditions required the need for additional legal service support beyond the original scope of the Agreement.

SECOND AMENDMENT
TO

ATTORNEY SERVICES AGREEMENT

THIS SECOND AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ____________________, 2026, by and between the CITY OF ORANGE, a municipal corporation (“City”), and LIEBERT CASSIDY WHITMORE, A Professional Law Corporation (“Law Firm”), with reference to the following:

A. City and Law Firm entered into an Attorney Services Agreement (Agreement No.

AGR-7739.A) dated February 10, 2026, which is incorporated herein by this reference (the “Original Agreement”); and

B. City and Law Firm amended the Original Agreement to increase the compensation by a First Amendment to Attorney Services Agreement (Agreement No. 7739.A.1) dated March 9, 2026, which is incorporated herein by this reference (the “First Amendment”); and

C. City and Law Firm desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the Scope of Services and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

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

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

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

Section 4. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.A of the Original Agreement is increased by THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) and Section 2. A is hereby amended in its entirety to read as follows:

“City shall pay Law Firm as consideration for services satisfactorily rendered pursuant to this Agreement at the hourly rates set forth in Exhibit “A,” attached and incorporated herein by this reference. Total payments for services performed pursuant to this Agreement shall not exceed NINETY THOUSAND DOLLARS and 00/100 ($90,000.00) without prior written approval of City . A condition precedent to any 163
payment to Law Firm shall be that Law Firm submit a statement which clearly sets forth, by dates, the designated items of work, the work time of each item and amount charged for said work time."
Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first written above.
"LAW FIRM" "CITY"

LIEBERT CASSIDY WHITMORE,
A Professional Law Corporation
CITY OF ORANGE, a municipal corporation
Melanie L. Chaney
Title: Managing Partner
By: _
Daniel R. Slater, Mayor
ATTEST:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Nathalie Adourian, City Attorney
✓
2 164

2 payment to Law Firm shall be that Law Firm submit a statement which clearly sets forth, by dates, the designated items of work, the work time of each item and amount charged for said work time.”

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

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

“LAW FIRM” “CITY”

LIEBERT CASSIDY WHITMORE, CITY OF ORANGE, a municipal corporation A Professional Law Corporation

*By: By:

Printed Name: Melanie L. Chaney Daniel R. Slater, Mayor Title: Managing Partner________________

ATTEST:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Nathalie Adourian, City Attorney

√

X
165

EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES

[Behind this page.]

166
EXHItsIT "A"

HOURLY RATES
The hourly rate of attomeys representing the City of Orange pursuant to this Agreement shall be as fbllows:

The rates based upon position in the firm are as follows:

Partners $475.00
Senior Counsel $390.00
Associates $295.00 - $370.00
LaborRelations/HumanResourcesConsultant $305.00
Classification&CompensationConsultant $230.00
Paralegals $ 165.00
E-Discovery Specialists s 185.00
Law Clerks $180.00 - $200.00
167
Agenda Item
Orange City Council
Item #: 3.8. 5/12/2026 File #: 26-0211
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Transfer of $1,860,000 from Water (600) CIP current budget for the construction of a new 16-inch transmission water main along Orangewood Avenue from the Santa Ana River to Eckhoff Street

2. SUMMARY
This item requests the transfer of funds within the current CIP Budget pursuant to an existing Cooperative Agreement between the City of Orange and the City of Anaheim to fund the construction of the new Orangewood transmission main from Santa Ana River to Eckhoff Street. This proposed transmission main segment is constructed as a part of the joint Orangewood Avenue Street and Bridge Widening Project.

3. RECOMMENDED ACTION
Authorize the following budget transfers in Water (600):

From: 600-5802-85107-265081-20- Well 29 Construction $1,600,000 From: 600-5803-85106-265099-20- Reservoir Recoating $260,000 To: 600-5803-85103-265085-20- Pipeline Renewal Projects $1,860,000

4. FISCAL IMPACT
None

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

6. DISCUSSION AND BACKGROUND
The City of Orange is working in partnership with the City of Anaheim for the installation of a new 16- inch ductile iron pipe and is composed of two phases. Phase 1 installed pipe from State College Boulevard to Santa Ana River and was recently completed as part of the City of Anaheim Orangewood Avenue Street Widening Project. Phase 2 will extend the transmission main from Santa Ana River to Eckhoff Street and will be constructed as part of the City of Anaheim Bridge Widening Project.

A cooperative agreement (AGR-6575) outlining each city’srespective roles and responsibilities for the Orangewood Avenue Street and Bridge Widening Project and the City of Orange new water transmission main was previously approved by Orange City Council on February 13, 2018.

Amendment No. 1 (AGR-6575.1) approved by Orange City Council on May 14, 2024, increased City City of Orange Printed on 5/7/2026Page 1 of 2
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Item #: 3.8. 5/12/2026 File #: 26-0211
Amendment No. 1 (AGR-6575.1) approved by Orange City Council on May 14, 2024, increased City of Orange’s original funding estimate of $2,782,187 to $5,878,860 based on the engineering estimated construction cost. Phase 1 was completed at a total cost of $1,892,495.

On April 16, 2026, Anaheim Public Works opened bids for Phase 2 construction with the apparent low bidder being Guy F. Atkinson Construction, LLC. The City of Orange water main costs, including 10% construction contingency and 10% project management, are $1,857,876. Staff is requesting an appropriation of $1,860,000 to cover the construction cost of Phase 2. Per the Amendment No. 1 (AGR-6575.1), the City of Orange will provide funds to the City of Anaheim sixty (60) calendar days from the construction bid opening.

7. ATTACHMENTS
· Cooperative Agreement with the City of Anaheim
· Amendment No. 1 to Cooperative Agreement
· City of Anaheim Orangewood Avenue Bridge Widening Project Bid Tabulations City of Orange Printed on 5/7/2026Page 2 of 2
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Agenda Item
Orange City Council
Item #: 3.8. 5/12/2026 File #: 26-0211
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Transfer of $1,860,000 from Water (600) CIP current budget for the construction of a new 16-inch transmission water main along Orangewood Avenue from the Santa Ana River to Eckhoff Street

3. RECOMMENDED ACTION
Authorize the following budget transfers in Water (600):

From: 600-5802-85107-265081-20- Well 29 Construction $1,600,000 From: 600-5803-85106-265099-20- Reservoir Recoating $260,000 To: 600-5803-85103-265085-20- Pipeline Renewal Projects $1,860,000

4. FISCAL IMPACT
None

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

Amendment No. 1 (AGR-6575.1) approved by Orange City Council on May 14, 2024, increased City City of Orange Printed on 5/7/2026Page 1 of 2
powered by Legistar™
170
Item #: 3.8. 5/12/2026 File #: 26-0211
Amendment No. 1 (AGR-6575.1) approved by Orange City Council on May 14, 2024, increased City of Orange’s original funding estimate of $2,782,187 to $5,878,860 based on the engineering estimated construction cost. Phase 1 was completed at a total cost of $1,892,495.

7. ATTACHMENTS
· Cooperative Agreement with the City of Anaheim
· Amendment No. 1 to Cooperative Agreement
· City of Anaheim Orangewood Avenue Bridge Widening Project Bid Tabulations City of Orange Printed on 5/7/2026Page 2 of 2
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Guy F. Atkinson Construction, LLC
611 Anton Blvd, Suite 1100 1383 South Signal Drive 2900 Bristol Street, Suite D204 P.O. Box 15128 Costa Mesa, CA 92626 Pomona, CA 91766 Costa Mesa, CA 92626 Santa Ana, CA 92735 (949) 382-7145 (909) 622-2259 (951) 674-7352 (714) 835-4612 [email protected] [email protected] [email protected] [email protected] License No: 1004388 License No: 507561 License No: 720483 License No: 484452 Expiration: 6/30/2027 Expiration: 3/31/2027 Expiration: 7/31/2026 Expiration: 12/31/27 Bond: 10% Bid Bond Bond: 10% Bid Bond Bond: 10% Bid Bond Bond: 10% Bid Bond CA DIR: 1000027177 CA DIR: 1000011831 CA DIR: 1000009909 CA DIR: 10007814 City Estimate
ITEM
NO. ITEM DESCRIPTION UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 MOBILIZATION (5% MAXIMUM) 1 LS $1,065,000 $1,065,000.00 $1,100,000.00 $1,100,000.00 $1,100,000.00 $1,100,000.00 $1,275,000.00 $1,275,000.00 $2,950,000.00 $2,950,000.00 2 CONSTRUCTION INFORMATION SIGNS 2 EA $3,500 $7,000.00 $6,000.00 $12,000.00 $6,000.00 $12,000.00 $1,500.00 $3,000.00 $3,500.00 $7,000.00 3 SWPPP / NPDES REQUIREMENTS 1 LS $75,000 $75,000.00 $1,375,000.00 $1,375,000.00 $400,000.00 $400,000.00 $500,000.00 $500,000.00 $750,000.00 $750,000.00 4 TRAFFIC CONTROL 1 LS $300,000 $300,000.00 $404,914.00 $404,914.00 $270,000.00 $270,000.00 $1,183,646.00 $1,183,646.00 $8,000,000.00 $8,000,000.00 5 AS-BUILT PLANS 1 LS $10,000 $10,000.00 $20,000.00 $20,000.00 $3,000.00 $3,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 6 CLEARING AND GRUBBING 1 LS $25,000 $25,000.00 $40,000.00 $40,000.00 $50,000.00 $50,000.00 $750,000.00 $750,000.00 $20,000.00 $20,000.00 7 REMOVE EXISTING ASPHALT PAVEMENT 82 CY $250 $20,500.00 $300.00 $24,600.00 $460.00 $37,720.00 $440.00 $36,080.00 $750.00 $61,500.00 8 REMOVE EXISTING CONCRETE IMPROVEMENTS 120 CY $350 $42,000.00 $275.00 $33,000.00 $565.00 $67,800.00 $395.00 $47,400.00 $500.00 $60,000.00 9 REMOVE EXISTING FENCING 312 LF $35 $10,920.00 $35.00 $10,920.00 $16.00 $4,992.00 $31.00 $9,672.00 $30.00 $9,360.00 10 REMOVE EXISTING MBGR 795 LF $40 $31,800.00 $50.00 $39,750.00 $215.00 $170,925.00 $42.00 $33,390.00 $40.00 $31,800.00 11 REMOVE EXISTING 48" RCP 60 LF $125 $7,500.00 $60.00 $3,600.00 $550.00 $33,000.00 $175.00 $10,500.00 $750.00 $45,000.00 12 UNCLASSIFIED EXCAVATION INCL. RIPRAP 13,500 CY $100 $1,350,000.00 $105.00 $1,417,500.00 $65.00 $877,500.00 $65.00 $877,500.00 $175.00 $2,362,500.00 13 UNCLASSIFIED FILL 5,600 CY $100 $560,000.00 $15.00 $84,000.00 $16.00 $89,600.00 $44.00 $246,400.00 $25.00 $140,000.00 14 ASPHALT CONCRETE (T=2" OR T=4") 190 TON $250 $47,500.00 $640.00 $121,600.00 $675.00 $128,250.00 $270.00 $51,300.00 $500.00 $95,000.00 15 COLD MILL AC PAVEMENT 985 SY $64 $63,040.00 $30.00 $29,550.00 $18.00 $17,730.00 $14.00 $13,790.00 $40.00 $39,400.00 16 AGGREGATE BASE 50 CY $350 $17,500.00 $425.00 $21,250.00 $205.00 $10,250.00 $310.00 $15,500.00 $300.00 $15,000.00 17 ADJUST MANHOLE COVERS TO GRADE 4 EA $1,500 $6,000.00 $5,000.00 $20,000.00 $1,300.00 $5,200.00 $5,250.00 $21,000.00 $2,500.00 $10,000.00 18 TRAIL CONCRETE (INCLUDING BAR REINFORCEMENT STEEL) 300 CY $550 $165,000.00 $900.00 $270,000.00 $1,100.00 $330,000.00 $825.00 $247,500.00 $1,250.00 $375,000.00 19 CONSTRUCT 6" RETAINING CURB PER COA STD PLAN 111-3, DETAIL D. 100 LF $40 $4,000.00 $100.00 $10,000.00 $115.00 $11,500.00 $155.00 $15,500.00 $100.00 $10,000.00 20 4" PCC SIDEWALK PER COA STD PLAN 110 AND 118. 270 SF $20 $5,400.00 $60.00 $16,200.00 $30.00 $8,100.00 $55.00 $14,850.00 $65.00 $17,550.00 21 4" PCC SIDEWALK PER COO STD PLAN 118 100 SF $20 $2,000.00 $110.00 $11,000.00 $60.00 $6,000.00 $120.00 $12,000.00 $75.00 $7,500.00 22 CONSTRUCT ACCESS RAMP 5 EA $7,500 $37,500.00 $8,000.00 $40,000.00 $5,080.00 $25,400.00 $8,000.00 $40,000.00 $9,000.00 $45,000.00 23 8" PCC CURB AND GUTTER PER MODIFIED COA STD PLAN 120, TYPE A. 20 LF $100 $2,000.00 $320.00 $6,400.00 $165.00 $3,300.00 $290.00 $5,800.00 $450.00 $9,000.00 24 8" PCC CURB AND GUTTER PER COO STD PLAN 117, TYPE A. 20 LF $100 $2,000.00 $320.00 $6,400.00 $170.00 $3,400.00 $290.00 $5,800.00 $500.00 $10,000.00 25 CONSTRUCT PCC DRIVEWAY PER MODIFIED CITY OF ANAHEIM STD. PLAN 115-B, CASE 2. 460 SF $45 $20,700.00 $65.00 $29,900.00 $67.00 $30,820.00 $44.00 $20,240.00 $60.00 $27,600.00 26 CONSTRUCT PORTION OF SPANDREL PER MODIFIED CITY OF ANAHEIM STD. PLAN 121-A. (PORTION) 180 SF $75 $13,500.00 $150.00 $27,000.00 $38.00 $6,840.00 $82.00 $14,760.00 $100.00 $18,000.00 27 CONSTRUCT 6" AC BERM PER COA STD PLAN 120, TYPE E. 300 LF $65 $19,500.00 $90.00 $27,000.00 $87.00 $26,100.00 $35.00 $10,500.00 $40.00 $12,000.00 28 INSTALL LINDSAY TRANSPORTATION SOLUTIONS TAU-M TL-2 CRASH CUSHION OR APPROVED EQUAL. 1 EA $20,000 $20,000.00 $50,000.00 $50,000.00 $43,000.00 $43,000.00 $52,500.00 $52,500.00 $40,000.00 $40,000.00 29 INSTALL 18" RCP (D LOAD PER PROFILE). BEDDING PER COO STD PLAN 327. 100 LF $650 $65,000.00 $360.00 $36,000.00 $490.00 $49,000.00 $190.00 $19,000.00 $1,200.00 $120,000.00 30 INSTALL 48" RCP (D LOAD PER PROFILE). BEDDING PER COO STD PLAN 327. 50 LF $750 $37,500.00 $1,000.00 $50,000.00 $1,100.00 $55,000.00 $700.00 $35,000.00 $1,600.00 $80,000.00 31 INSTALL CHAIN LINK FENCE PER SPPWC STD. PLAN 600-2, H=6' 115 LF $100 $11,500.00 $130.00 $14,950.00 $121.00 $13,915.00 $110.00 $12,650.00 $120.00 $13,800.00 32 TEMPORARY FENCING 400 LF $40 $16,000.00 $80.00 $32,000.00 $98.00 $39,200.00 $75.00 $30,000.00 $75.00 $30,000.00 33 INSTALL 8' HIGH 358 ANTI-CLIMB WELDED WIRE MESH SECURITY FENCE PER DETAIL 125 LF $250 $31,250.00 $200.00 $25,000.00 $193.00 $24,125.00 $190.00 $23,750.00 $200.00 $25,000.00 34 CONSTRUCT INLET STRUCTURE TYPE GT1 PER 2018 CALTRANS STD PLAN D72D. 2 EA $9,000 $18,000.00 $25,000.00 $50,000.00 $19,400.00 $38,800.00 $25,000.00 $50,000.00 $25,000.00 $50,000.00 35 CONSTRUCT MANHOLE PIPE TO PIPE PER OCPW STD PLAN 320-2. 2 EA $15,000 $30,000.00 $38,000.00 $76,000.00 $14,400.00 $28,800.00 $15,000.00 $30,000.00 $30,000.00 $60,000.00 36 CONSTRUCTION TRANSITION STRUCTURE PER SPPWC STD PLAN 342-2. 1 EA $23,000 $23,000.00 $40,000.00 $40,000.00 $15,000.00 $15,000.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 37 CONSTRUCT OUTFALL STRUCTURE PER "STORM DRAIN DETAILS" ON SHEET 19. 1 EA $15,000 $15,000.00 $25,000.00 $25,000.00 $19,800.00 $19,800.00 $50,000.00 $50,000.00 $20,000.00 $20,000.00 38 CONSTRUCT 2'-3" X 5' RCB PER 2018 CALTRANS STD PLAN D80. 35 LF $750 $26,250.00 $1,900.00 $66,500.00 $1,180.00 $41,300.00 $1,050.00 $36,750.00 $1,000.00 $35,000.00 39 CONSTRUCT UNGROUTED RIPRAP BANK PROTECTION PER PLAN DETAILS 8,435 TON $179 $1,509,865.00 $140.00 $1,180,900.00 $157.00 $1,324,295.00 $75.00 $632,625.00 $150.00 $1,265,250.00 40 CONSTRUCT CLASS 5 GROUTED RIPRAP PER OCPW STD PLAN 1809 AND DETAILS ON THE PLANS 1,900 TON $186 $353,400.00 $250.00 $475,000.00 $275.00 $522,500.00 $215.00 $408,500.00 $200.00 $380,000.00 41 SIGNING AND STRIPING (INCLUDES REMOVALS 314-2.2) 1 LS $62,736 $62,736.00 $50,000.00 $50,000.00 $59,000.00 $59,000.00 $26,000.00 $26,000.00 $35,000.00 $35,000.00 42 INSTALL BRIDGE LIGHTING PER PLAN DETAILS 1 LS $302,500 $302,500.00 $200,000.00 $200,000.00 $178,000.00 $178,000.00 $212,000.00 $212,000.00 $200,000.00 $200,000.00 43 INSTALL ELECTRICAL SERVICE 1 LS $50,000 $50,000.00 $5,000.00 $5,000.00 $500.00 $500.00 $1,000.00 $1,000.00 $550.00 $550.00 44 16" DI PIPE (CL-52) TRENCH PER CITY OF ORANGE STD DWG NO. OWD-110 1670 LF $320 $534,400.00 $490.00 $818,300.00 $900.00 $1,503,000.00 $500.00 $835,000.00 $1,000.00 $1,670,000.00 45 16" DI PIPE (CL-52) INSTALLED IN BRIDGE 350 LF $350 $122,500.00 $350.00 $122,500.00 $1,110.00 $388,500.00 $900.00 $315,000.00 $900.00 $315,000.00 46 10" DI PIPE (CL-350) TRENCH PER CITY OF ORANGE STD DWG NO. OWD-110 23 LF $175 $4,025.00 $1,060.00 $24,380.00 $613.00 $14,099.00 $1,200.00 $27,600.00 $750.00 $17,250.00 BID QTY.

Plan Numbers: 39567-39616, 43187-43199, 39931-39937
Advertise Dates: 02/05/2026, 02/12/2026, 02/19/2026, 02/26/2026 Bid Date: 04/16/2026

CITY OF ANAHEIM
Orangewood Avenue Bridge Widening Project
BID #1
Over the Santa Ana River

CITY ESTIMATE
BID #2
Reyes Construction
Estimated Start:07/13/2026
Estimated Award: 05/05/2026
Estimated Completion: 05/31/2030
827-412-K940-7892
270-412-K940-7892
K940
BID #3
Beador Construction Company, Inc.

BID #4
Steve P. Rados, Inc.

Expiration: 6/30/2027
Attn: Ricardo Jimenez Attn: David Beador
Expiration: 6/30/2028 Expiration: 6/30/2026 Expiration: 6/30/26 Attn: Noe GuerrroAttn: Margo Gawelko
Printed on 4/23/2026 6:54 PM Page1 of 3 H:\DESIGN SERVICES 1\PROJECTS\Active Projects\K940 - Orangewood Ave Bridge over the SAR - SC\11 Bid\Bid Tabs & Encumbrance\Encumbrance Bid Tabs – Orangewood Ave. Bridge Widening 4-20-26 184
Guy F. Atkinson Construction, LLC
611 Anton Blvd, Suite 1100 1383 South Signal Drive 2900 Bristol Street, Suite D204 P.O. Box 15128 Costa Mesa, CA 92626 Pomona, CA 91766 Costa Mesa, CA 92626 Santa Ana, CA 92735 (949) 382-7145 (909) 622-2259 (951) 674-7352 (714) 835-4612 [email protected] [email protected] [email protected] [email protected] License No: 1004388 License No: 507561 License No: 720483 License No: 484452 Expiration: 6/30/2027 Expiration: 3/31/2027 Expiration: 7/31/2026 Expiration: 12/31/27 Bond: 10% Bid Bond Bond: 10% Bid Bond Bond: 10% Bid Bond Bond: 10% Bid Bond CA DIR: 1000027177 CA DIR: 1000011831 CA DIR: 1000009909 CA DIR: 10007814 City Estimate
ITEM
NO. ITEM DESCRIPTION UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTALBID QTY.

Plan Numbers: 39567-39616, 43187-43199, 39931-39937
Advertise Dates: 02/05/2026, 02/12/2026, 02/19/2026, 02/26/2026 Bid Date: 04/16/2026

CITY OF ANAHEIM
Orangewood Avenue Bridge Widening Project
BID #1
Over the Santa Ana River

BID #4
Steve P. Rados, Inc.

Expiration: 6/30/2027
Attn: Ricardo Jimenez Attn: David Beador
Expiration: 6/30/2028 Expiration: 6/30/2026 Expiration: 6/30/26 Attn: Noe GuerrroAttn: Margo Gawelko
47 24" STEEL CASING (3/8" THK.) PER DETAIL 2 ON SHEET 7 AND SIMILAR TO CITY OF ORANGE STD DWG OWD-114 75 LF $500
$37,500.00 $650.00 $48,750.00 $880.00 $66,000.00 $1,000.00 $75,000.00 $750.00 $56,250.00 48 16" MJ BUTTERFLY VALVE (MEGALUG) PER CITY OF ORANGE STD DWG NO OWD-101 AND SIMILAR TO OWD-108 5 EA $19,000
$95,000.00 $15,000.00 $75,000.00 $14,600.00 $73,000.00 $10,000.00 $50,000.00 $10,000.00 $50,000.00 49 10" MJ GATE VALVE (MEGALUG) PER CITY OF ORANGE STD DWG NO OWD-101 AND SIMILAR TO OWD-108 2 EA $12,000 $24,000.00 $11,000.00 $22,000.00 $8,150.00 $16,300.00 $6,000.00 $12,000.00 $8,000.00 $16,000.00 50 16" FLEXIBLE EXPANSION JOINT (FLEXTEND FORCE-BALANCED) 4 EA $52,000 $208,000.00 $50,000.00 $200,000.00 $43,400.00 $173,600.00 $28,000.00 $112,000.00 $40,000.00 $160,000.00 51 THRUST BLOCK PER CITY OF ORANGE STD DWG OWD-109 13 EA $3,000 $39,000.00 $2,500.00 $32,500.00 $1,215.00 $15,795.00 $2,500.00 $32,500.00 $1,200.00 $15,600.00 52 2" AIR-VAC ASSEMBLY PER CITY OF ORANGE STD DWG OWD-302 3 EA $3,500 $10,500.00 $18,000.00 $54,000.00 $46,700.00 $140,100.00 $17,000.00 $51,000.00 $15,000.00 $45,000.00 53 BACKFILL TRANSVERSE TRENCH WITH 150-E-100 CONCRETE SLURRY PER CITY OF ORANGE STD DWG NO. OWD-110 113 LF $60
$6,780.00 $200.00 $22,600.00 $210.00 $23,730.00 $140.00 $15,820.00 $125.00 $14,125.00 54 FIRE HYDRANT ASSEMBLY PER CITY OF ORANGE STD DWG OWD-102 AND OWD-103 2 EA $9,000 $18,000.00 $22,500.00 $45,000.00 $39,200.00 $78,400.00 $26,000.00 $52,000.00 $25,000.00 $50,000.00 55 JOIN EXISTING 10" WATER (SEE DETAIL 1 ON SHEET 6) 1 LS $15,000 $15,000.00 $15,000.00 $15,000.00 $152,600.00 $152,600.00 $50,000.00 $50,000.00 $20,000.00 $20,000.00 56 CONCRETE CAP PER DETAIL 3 ON SHEET 7 41 LF $350 $14,350.00 $200.00 $8,200.00 $245.00 $10,045.00 $770.00 $31,570.00 $300.00 $12,300.00 57 TRAFFIC CONTROL (TRENCH WATERLINE CONSTRUCTION) 1 LS $100,000 $100,000.00 $60,000.00 $60,000.00 $140,700.00 $140,700.00 $150,000.00 $150,000.00 $100,000.00 $100,000.00 58 ASBESTOS COMPLIANCE PLAN 1 LS $15,000.00 $15,000.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $50,000.00 $50,000.00 $15,000.00 $15,000.00 59 STRUCTURE EXCAVATION (BRIDGE) 3,092 CY $250.00 $773,000.00 $240.00 $742,080.00 $975.00 $3,014,700.00 $110.00 $340,120.00 $750.00 $2,319,000.00 60 STRUCTURE EXCAVATION (RETAINING WALL) 236 CY $200.00 $47,200.00 $170.00 $40,120.00 $130.00 $30,680.00 $170.00 $40,120.00 $350.00 $82,600.00 61 STRUCTURE BACKFILL (BRIDGE) 1,451 CY $225.00 $326,475.00 $150.00 $217,650.00 $350.00 $507,850.00 $290.00 $420,790.00 $100.00 $145,100.00 62 STRUCTURE BACKFILL (RETAINING WALL) 470 CY $175.00 $82,250.00 $130.00 $61,100.00 $210.00 $98,700.00 $145.00 $68,150.00 $50.00 $23,500.00 63 FURNISH STEEL PILING (HP10X42) 2,090 LF $70.00 $146,300.00 $65.00 $135,850.00 $69.00 $144,210.00 $55.00 $114,950.00 $75.00 $156,750.00 64 DRIVE STEEL PILE (HP 10 X 42) 60 EA $3,500.00 $210,000.00 $2,000.00 $120,000.00 $2,320.00 $139,200.00 $1,650.00 $99,000.00 $2,800.00 $168,000.00 65 FURNISH STEEL PILING (HP 14 X 89) 4,795 LF $150.00 $719,250.00 $105.00 $503,475.00 $142.00 $680,890.00 $100.00 $479,500.00 $110.00 $527,450.00 66 DRIVE STEEL PILE (HP 14 X 89) 95 EA $4,500.00 $427,500.00 $1,900.00 $180,500.00 $2,600.00 $247,000.00 $1,800.00 $171,000.00 $6,500.00 $617,500.00 67 24" CAST-IN-DRILLED - HOLE CONCRETE PILING 7,012 LF $325.00 $2,278,900.00 $284.00 $1,991,408.00 $285.00 $1,998,420.00 $500.00 $3,506,000.00 $1,500.00 $10,518,000.00 68 STRUCTURAL CONCRETE, BRIDGE FOOTING 1,191 CY $1,200.00 $1,429,200.00 $950.00 $1,131,450.00 $1,060.00 $1,262,460.00 $700.00 $833,700.00 $4,000.00 $4,764,000.00 69 STRUCTURAL CONCRETE, BRIDGE 986 CY $1,800.00 $1,774,800.00 $2,700.00 $2,662,200.00 $3,395.00 $3,347,470.00 $5,850.00 $5,768,100.00 $12,380.00 $12,206,680.00 70 STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER) 297 CY $2,000.00 $594,000.00 $1,700.00 $504,900.00 $2,100.00 $623,700.00 $550.00 $163,350.00 $7,500.00 $2,227,500.00 71 STRUCTURAL CONCRETE, RETAINING WALL 36 CY $1,200.00 $43,200.00 $3,000.00 $108,000.00 $2,700.00 $97,200.00 $4,000.00 $144,000.00 $3,500.00 $126,000.00 72 AGGREGATE BASE (APPROACH SLAB) 20 CY $1,000.00 $20,000.00 $600.00 $12,000.00 $650.00 $13,000.00 $500.00 $10,000.00 $100.00 $2,000.00 73 STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N) 83 CY $1,900.00 $157,700.00 $1,500.00 $124,500.00 $1,490.00 $123,670.00 $1,460.00 $121,180.00 $1,600.00 $132,800.00 74 STRUCTURAL CONCRETE, APPROACH SLAB (TYPE R) 194 CY $2,000.00 $388,000.00 $1,100.00 $213,400.00 $1,100.00 $213,400.00 $2,200.00 $426,800.00 $1,800.00 $349,200.00 75 DRILL AND BOND DOWEL 914 LF $60.00 $54,840.00 $210.00 $191,940.00 $70.00 $63,980.00 $50.00 $45,700.00 $275.00 $251,350.00 76 DRILL AND BOND DOWEL (CHEMICAL ADHESIVE) 1,372 LF $70.00 $96,040.00 $185.00 $253,820.00 $27.00 $37,044.00 $70.00 $96,040.00 $175.00 $240,100.00 77 JOINT SEAL (MR 1") 209 LF $80.00 $16,720.00 $150.00 $31,350.00 $115.00 $24,035.00 $120.00 $25,080.00 $120.00 $25,080.00 78 JOINT SEAL (MR 2") 65 LF $225.00 $14,625.00 $260.00 $16,900.00 $225.00 $14,625.00 $220.00 $14,300.00 $220.00 $14,300.00 79 BAR REINFORCING STEEL (BRIDGE) 682,934 LB $1.90 $1,297,574.60 $3.00 $2,048,802.00 $2.10 $1,434,161.40 $2.00 $1,365,868.00 $2.00 $1,365,868.00 80 BAR REINFORCING STEEL (RETAINING WALL) 5,292 LB $2.50 $13,230.00 $3.00 $15,876.00 $2.50 $13,230.00 $2.00 $10,584.00 $2.00 $10,584.00 81 BAR REINFORCING STEEL (EPOXY COATED) 961 LB $3.00 $2,883.00 $30.00 $28,830.00 $3.00 $2,883.00 $3.00 $2,883.00 $3.00 $2,883.00 82 HEADED BAR REINFORCEMENT 2,501 EA $100.00 $250,100.00 $33.00 $82,533.00 $33.00 $82,533.00 $40.00 $100,040.00 $35.00 $87,535.00 83 BAR REINFORCING STEEL (GALVANIZED) 92,233 LB $3.00 $276,699.00 $2.00 $184,466.00 $6.25 $576,456.25 $7.00 $645,631.00 $6.00 $553,398.00 84 BRIDGE REMOVAL (PORTION) 1 LS $125,000.00 $125,000.00 $325,000.00 $325,000.00 $300,000.00 $300,000.00 $549,025.00 $549,025.00 $650,000.00 $650,000.00 85 MISCELLANEOUS METAL (RESTRAINER-CABLE TYPE) 2,607 LB $50.00 $130,350.00 $40.00 $104,280.00 $63.00 $164,241.00 $30.00 $78,210.00 $22.00 $57,354.00 86 SEAT EXTENDER (PIPE TYPE) 3,284 LB $50.00 $164,200.00 $17.00 $55,828.00 $11.00 $36,124.00 $20.00 $65,680.00 $16.00 $52,544.00 87 MINOR CONCRETE (MISCELLANEOUS CONSTRUCTION) 1 CY $500.00 $500.00 $7,500.00 $7,500.00 $1,170.00 $1,170.00 $5,250.00 $5,250.00 $3,300.00 $3,300.00 88 MISCELLANEOUS METAL (BRIDGE) 9,448 LB $25.00 $236,200.00 $16.00 $151,168.00 $13.00 $122,824.00 $17.00 $160,616.00 $16.00 $151,168.00 89 CHAIN LINK RAILING (TYPE 7) 774 LF $250.00 $193,500.00 $80.00 $61,920.00 $68.00 $52,632.00 $70.00 $54,180.00 $65.00 $50,310.00 90 CABLE RAILING 64 LF $100.00 $6,400.00 $200.00 $12,800.00 $195.00 $12,480.00 $195.00 $12,480.00 $200.00 $12,800.00 91 CONCRETE BARRIER (TYPE 732SW) 395 LF $800.00 $316,000.00 $445.00 $175,775.00 $500.00 $197,500.00 $380.00 $150,100.00 $450.00 $177,750.00 Printed on 4/23/2026 6:54 PM Page2 of 3 H:\DESIGN SERVICES 1\PROJECTS\Active Projects\K940 - Orangewood Ave Bridge over the SAR - SC\11 Bid\Bid Tabs & Encumbrance\Encumbrance Bid Tabs – Orangewood Ave. Bridge Widening 4-20-26 185
Guy F. Atkinson Construction, LLC
611 Anton Blvd, Suite 1100 1383 South Signal Drive 2900 Bristol Street, Suite D204 P.O. Box 15128 Costa Mesa, CA 92626 Pomona, CA 91766 Costa Mesa, CA 92626 Santa Ana, CA 92735 (949) 382-7145 (909) 622-2259 (951) 674-7352 (714) 835-4612 [email protected] [email protected] [email protected] [email protected] License No: 1004388 License No: 507561 License No: 720483 License No: 484452 Expiration: 6/30/2027 Expiration: 3/31/2027 Expiration: 7/31/2026 Expiration: 12/31/27 Bond: 10% Bid Bond Bond: 10% Bid Bond Bond: 10% Bid Bond Bond: 10% Bid Bond CA DIR: 1000027177 CA DIR: 1000011831 CA DIR: 1000009909 CA DIR: 10007814 City Estimate
ITEM
NO. ITEM DESCRIPTION UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTALBID QTY.

Plan Numbers: 39567-39616, 43187-43199, 39931-39937
Advertise Dates: 02/05/2026, 02/12/2026, 02/19/2026, 02/26/2026 Bid Date: 04/16/2026

CITY OF ANAHEIM
Orangewood Avenue Bridge Widening Project
BID #1
Over the Santa Ana River

BID #4
Steve P. Rados, Inc.

Expiration: 6/30/2027
Attn: Ricardo Jimenez Attn: David Beador
Expiration: 6/30/2028 Expiration: 6/30/2026 Expiration: 6/30/26 Attn: Noe GuerrroAttn: Margo Gawelko
92 CONCRETE BARRIER (TYPE 842 MODIFIED) 379 LF $400.00 $151,600.00 $370.00 $140,230.00 $290.00 $109,910.00 $240.00 $90,960.00 $320.00 $121,280.00 93 UTILITY SUPPORTS 1 LS $100,000.00 $100,000.00 $150,000.00 $150,000.00 $210,000.00 $210,000.00 $250,000.00 $250,000.00 $200,000.00 $200,000.00 94 INSTALL PULL BOX TYPE 6E 2 EA $1,500.00 $3,000.00 $2,000.00 $4,000.00 $2,700.00 $5,400.00 $1,125.00 $2,250.00 $1,000.00 $2,000.00 95 INSTALL 3 INCH CONDUIT WITH PULL ROPE 75 LF $35.00 $2,625.00 $120.00 $9,000.00 $195.00 $14,625.00 $90.00 $6,750.00 $70.00 $5,250.00 96 ALLOWANCE TO ACCOMMODATE SITE CONDITIONS 1 ALW $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 97 COMMUNITY WORKFORCE AGREEMENT (MAY NOT EXCEED 3% OF BASE BID) 1 LS $660,000.00 $660,000.00 $700,000.00 $700,000.00 $125,000.00 $125,000.00 $156,420.00 $156,420.00 $50,000.00 $50,000.00 98 CONSTRUCTION SCHEDULE 1 LS $60,000.00 $60,000.00 $30,000.00 $30,000.00 $96,000.00 $96,000.00 $30,000.00 $30,000.00 $50,000.00 $50,000.00 99 PREMIUM TIME DIFFERENTIAL FOR WEEKEND WORK 670 MH $120.00 $80,400.00 $100.00 $67,000.00 $120.00 $80,400.00 $150.00 $100,500.00 $60.00 $40,200.00 GRAND TOTAL $22,396,678 $23,743,815.00 $26,307,334.65 $26,700,700.00 $59,610,469.00 Printed on 4/23/2026 6:54 PM Page3 of 3 H:\DESIGN SERVICES 1\PROJECTS\Active Projects\K940 - Orangewood Ave Bridge over the SAR - SC\11 Bid\Bid Tabs & Encumbrance\Encumbrance Bid Tabs – Orangewood Ave. Bridge Widening 4-20-26 186
Agenda Item
Orange City Council
Item #: 3.9. 5/12/2026 File #: 26-0279
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Award of Contract to Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. for Replacement of Rolling Garage Doors at Fire Station 7 and Corp Yard (Continued from April 28, 2026)

2. SUMMARY
Bids for the Replacement of the Rolling Garage Doors at Fire Station 7 and Corp Yard (SP-4321) were received and opened on February 12, 2026 (Bid No. 25-26.12). Three bidders responded to the notice inviting bids. The selected responsible bidder is Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. in the amount of $394,884.

3. RECOMMENDED ACTION
Approve the contract with Owen Walstead LLC, a California limited liability company, dba U.S. Door, Inc. in the amount of $394,884 representing the original amount of $358,985, plus a 10% contingency of $35,899 for Replacement of Rolling Garage Doors at Fire Station 7 and Corp Yard; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The expense for this agreement is $394,884 and will be funded through Prop 172 (400) and General Fund (100) respectively:
400-5601-80101-265096 Fire Station Apparatus Bay Doors $374,220.00 100-5601-56999- City Facility Improvements $20,664.00

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability

6. DISCUSSION AND BACKGROUND
The City Council authorized the advertisement for bids on January 13, 2026. The project was publicly advertised for three weeks, and bids were opened on February 12, 2026. Three bids were received, and they are as follows:

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Item #: 3.9. 5/12/2026 File #: 26-0279

1. Estate Design and Construction - $338,700

2. Owen Walstead LLC, dba U.S. Door, Inc. - $358,985

3. National Garage Door - $386,750
Estate Design and Construction was the low bidder. Staff found the firm non-responsive and non- responsible after conducting reference checks and evaluating qualifications. Staff identified a lack of comparable project experience, negative reference feedback regarding project delays, and inconsistencies in project value reporting. These concerns highlighted issues of transparency and reliability. Following Public Contract Code Section 20162, award of contracts to the lowest responsive and responsible bidder, the bidder must demonstrate the necessary experience, skill, and integrity for this work.

The next lowest bidder, Owen Walstead LLC, dba U.S. Door, Inc., was determined to be responsive and responsible, with demonstrated experience in similar work and satisfactory references.

Staff recommends awarding the contract to Owen Walstead LLC, dba U.S. Door, Inc., in the amount of $358,985, plus a 10% contingency of $35,899, for a total contract amount of $394,884.

This project will replace six garage bay doors at Fire Station 7 and one non-operable door at the Corporation Yard Fleet Building. The improvements will enhance operational reliability, reduce maintenance needs, and support uninterrupted emergency and public works services.

Construction is anticipated to begin in May 2026 and be completed by June 2026.

7. ATTACHMENTS
· Bid Abstract
· Contract with Owen Walstead LLC, dba U.S. Door, Inc.

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Agenda Item
Orange City Council
Item #: 3.9. 5/12/2026 File #: 26-0279
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services
Goal 2: Enhance Economic Development and Achieve Fiscal Sustainability

City of Orange Printed on 5/7/2026Page 1 of 2
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189
Item #: 3.9. 5/12/2026 File #: 26-0279

1. Estate Design and Construction - $338,700

2. Owen Walstead LLC, dba U.S. Door, Inc. - $358,985

The next lowest bidder, Owen Walstead LLC, dba U.S. Door, Inc., was determined to be responsive and responsible, with demonstrated experience in similar work and satisfactory references.

Staff recommends awarding the contract to Owen Walstead LLC, dba U.S. Door, Inc., in the amount of $358,985, plus a 10% contingency of $35,899, for a total contract amount of $394,884.

Construction is anticipated to begin in May 2026 and be completed by June 2026.

7. ATTACHMENTS
· Bid Abstract
· Contract with Owen Walstead LLC, dba U.S. Door, Inc.

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BID ABSTRACT: RFB 25-26.12 SP-4321
Replacement of Rolling Garage Doors at Fire Station 7 and Corp Yard (#10026655) Owner: Orange CA, City of
Solicitor: Orange CA, City of
02/12/2026 02:00 PM PST
Engineer Estimate Estate Design and Construction US DOOR INC National Garage Door Section Title Line Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Fire Station 7
1 Rytec Spiral FV High Performance Doors Ea 6 57,500.00$ 345,000.00$ $47,970.00 $287,820.00 $56,700.00 $340,200.00 $57,695.00 $346,170.00 Corp Yard
2 Rolling Garage Door Ea 1 36,000.00$ 36,000.00$ $50,880.00 $50,880.00 $18,785.00 $18,785.00 $40,400.00 $40,400.00 Base Bid Total: 381,000.00$ $338,700.00 $358,985.00 $386,570.00 191

CONTRACT
[Replacement of Rolling Garage Doors at Fire Station 7
and Corp Yard (Bid No. 25-26.12 SP - 4321)]

THIS CONTRACT (the “Contract”) is made and ente red into as of ___ ___________, 2026 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and OWEN WALSTEAD LLC, a California limited liability company, dba U.S. DOOR, INC. (“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 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);

(2) 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;”

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

(4) The Standard Plans; and

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

b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City’s Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Greenbook, the Special 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.”

192
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 Public Works Director, City’s Assistant Field Services Manager , Rachael Gomez (“Authorized City Representative”), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor’s performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City’s Public Works Director may designate from time to time, that Contractor shal l coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City’s Public Works Director.

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

ARTICLE 2
Commencement of Work

Contractor shall commence the Work provided for in this Contract within ten (10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within forty-five (45) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract.

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

ARTICLE 3
Compensation

a. Contractor agrees to receive and accept an amount not to exceed THREE HUNDRED FIFTY-EIGHT THOUSAND NINE HUNDRED EIGHTY -FIVE DOLLARS and 00/100 ($ 358,985.00) 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 193
3 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 suspensio n 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 THIRTY-FIVE THOUSAND EIGHT HUNDRED NINETY-NINE DOLLARS and 00/100 ($35,899.00) 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 THREE HUNDRED NINETY-FOUR THOUSAND EIGHT HUNDRED EIGHTY - FOUR DOLLARS and 00/100 ($394,884.00).

ARTICLE 4
Licenses

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

ARTICLE 5
Guarantees

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

b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any p art thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the 194
4 date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen (15) calendar days after the receipt of a demand from City.

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

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

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

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

ARTICLE 6
Water Quality

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

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 195
5 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, fu rnish 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 subcon tractors, 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 l eave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -term disability or workers' compensation insurance benefits.

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

ARTICLE 8
Public Work; Prevailing Wage

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

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

b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed 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.”

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6 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 lab or laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the W ork which is the subject of this Contract, Contractor shall bear all risks of payment or non -payment of state prevailing wages. “Increased costs” as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time t o time. The foregoing indemnity shall survive termination of this Contract.

ARTICLE 9
Equal Employment Opportunity

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

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

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

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

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. 197
7 ARTICLE 11
Indemnity

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

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

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

ARTICLE 12
Insurance

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

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.

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8 (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 Con tract are sufficient to cover the obligations of Contractor under this Contract.

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

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

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

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

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

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

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

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

ARTICLE 13
Termination

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

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

ARTICLE 14
Maintenance and Inspection of Records

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

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10 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.

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

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

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

ARTICLE 16
Governing Law and Venue

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

ARTICLE 17
Integration and Amendment

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

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

ARTICLE 18
Notice

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

Owen Walstead, LLC dba U.S. Door, Inc. City of Orange
21067 Commerce Pointe Dr. 300 E. Chapman Avenue
Walnut, CA 91789 Orange, CA 92866-1591

Attn: Brad Owen____________________ Attn: Rachael Gomez

Telephone: 909-598-5490 Telephone: 714-744-5588
E-Mail: [email protected] E-Mail: [email protected]

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12 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 electronically shall have the same effect as original signatures.

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

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X
204
13 “CITY”

CONTRACT, BONDS AND INSURANCE
APPROVED BY:

Nathalie Adourian, City Attorney

CITY OF ORANGE, a municipal corporation

By:

Daniel R. Slater
Mayor of the City of Orange

ATTEST:

Pamela Coleman, City Clerk

“CONTRACTOR”

OWEN WALSTEAD LLC, a California
limited liability company, dba U.S. DOOR, INC.

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

By:

Printed Name:

Title:

√

X
205

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

Section 1771. Payment of general prevailing rate

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

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. 207

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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) 208

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for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner's ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor's performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 . The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the con tractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors' State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors' State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. 209

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

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

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

Section 1775. Penalties for violations

(a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor.
(2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B)(i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor 211

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

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

(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey man, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771 , 1811, and 1815 for any work performed by his or her employees on the public works project. 212

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

The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft -Hartley trust fund ( 29 U.S.C. Sec. 186(c)(5) ) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor - management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.
(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number. 213

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

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

(a)(1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b)(1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or underg o testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written 214

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

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, i f requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a s ubcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator 215

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

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

The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of 217

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

Section 1815. Overtime

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

CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204

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

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and f ormed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. 219

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(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying w hat portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutu ally agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and conf er for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. 220

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(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behal f of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontrac tor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civi l action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. 221
Agenda Item
Orange City Council
Item #: 3.10. 5/12/2026 File #: 26-0268
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

1. SUBJECT
Second Reading and adoption of Ordinance No. 02-26 amending Chapter 8.13 of the Orange Municipal Code to impose strict liability on social hosts for allowing, facilitating, or failing to prevent the use or discharge of illegal fireworks, and establishing enforcement penalties and administrative fines

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on April 28, 2026.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 02-26.

4. ATTACHMENTS
· Ordinance No. 02-26
City of Orange Printed on 5/7/2026Page 1 of 1
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Agenda Item
Orange City Council
Item #: 3.10. 5/12/2026 File #: 26-0268
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Pamela Coleman, City Clerk/City Clerk Services Director

2. SUMMARY
The Introduction and First Reading of the above-entitled Ordinance was approved at a Regular Council Meeting on April 28, 2026.

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

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

3. RECOMMENDED ACTION
Adopt Ordinance No. 02-26.

4. ATTACHMENTS
· Ordinance No. 02-26
City of Orange Printed on 5/7/2026Page 1 of 1
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ORDINANCE NO. 02-26

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF ORANGE AMENDING CHAPTER

8.13 OF THE ORANGE MUNICIPAL CODE TO

IMPOSE STRICT LIABILITY ON SOCIAL

HOSTS FOR ALLOWING, FACILITATING, OR

FAILING TO PREVENT THE USE OR

DISCHARGE OF ILLEGAL FIREWORKS AND

ESTABLISHING ENFORCEMENT PENALTIES

AND ADMINISTRATIVE FINES
WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws; and
WHEREAS, California Health & Safety Code section 101450 empowers the City Council to take measures necessary to preserve and protect public health, including adopting ordinances, regulations, and orders that are not in conflict with general laws; and WHEREAS, the discharge of illegal fireworks is a common problem faced by many jurisdictions in California, including the City of Orange (“City”) and surrounding communities; and
WHEREAS, the upcoming holiday season, particularly Independence Day, and other celebrations such as New Year's Eve, present an immediate and recurring threat of catastrophic wildfires caused by illegal fireworks, especially given California’s extended fire season and climate conditions that create extreme fire danger; and WHEREAS, the City of Orange currently regulates fireworks pursuant to Chapter 8.13 of the Orange Municipal Code and is compatible with the State Firework Law (California Health and Safety Code Section 12500 et seq.); and
WHEREAS, the City of Orange only permits the use of safe and sane fireworks as defined by State law on July 4th of each year between the hours of noon and 10:00 p.m. in approved areas within the city limits; and
WHEREAS, the City’s Police Department responds to numerous firework complaint calls during holiday periods; and
WHEREAS, the City’s existing fireworks prohibition lacks adequate enforcement mechanisms to hold social hosts accountable, resulting in continued illegal fireworks activity that poses an immediate threat to life and property; and
224
2 WHEREAS, illegal fireworks can cause serious burns, eye injuries, and other traumatic injuries requiring immediate medical attention, and delayed implementation of this Ordinance would risk continued illegal fireworks activity during upcoming holidays, directly threatening public health; and
WHEREAS, the City’s Police Department has encountered operational difficulties in accurately identifying and citing responsible parties for violations of Chapter 8.13 when illegal fireworks are discharged or used at private residences or neighborhood block parties, particularly during large, crowded gatherings. To expand the enforcement tools available to both law enforcement and code enforcement, the City seeks to adopt “social host liability” regulations.

These regulations would impose strict liability on the property owner, host, or any person in possession or control of the property for permitting any individual to sell, possess, ignite, explode, project, discharge, or otherwise use illegal fireworks on property owned or controlled by that person in violation of this chapter, regardless of the owner’s, host’s or responsible person’s intent, knowledge, or negligence; and
WHEREAS, the City wishes to adopt this Social Host Liability Ordinance to help deter illegal fireworks activity and provide enhanced enforcement mechanisms during the upcoming holiday season; and
WHEREAS, the City Council has identified the discharge of illegal fireworks as a public nuisance, and finds that there should be an increase in enforcement and penalties for the discharge of illegal fireworks; and
WHEREAS, the City Council finds that illegal fireworks also pose significant year-round risks to public health, safety, and welfare, including fire hazards, property damage, and disturbances of the peace to residents.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I:

The subject Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact of the Ordinance demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" as defined in Guideline 15378 and the Ordinance regulates conduct and enforcement procedures and does not authorize or result in any physical development or change to the environment; any resulting enforcement activity is indirect, speculative, and not a reasonably foreseeable physical change.

SECTION II:

Section 8.13.020 of the Orange Municipal Code, “Health and Safety – Fireworks – Definitions,” is hereby amended to read as follows:
225
3 8.13.020 Definitions.

The following words and phrases, as used in this chapter, are defined as follows:
“Adjacent” means any public or private street, sidewalk, alley, parkway, park area, or other right- of-way that directly abuts the property where the activity occurs or is located within two hundred (200) feet of the host’s private property.
“City Manager” means the City Manager or his or her designee. “Code Enforcement Personnel” has the same meaning as defined in Orange Municipal Code Section 2.80.010, as may be amended.
“Dangerous fireworks” means "dangerous fireworks" as defined in Health and Safety Code Sections 12505 and 12561 and the relevant Sections of Title 19, Code of Regulations, Division 1, Chapter 6 as may be amended.
“Fire Chief” means the Fire Chief or his or her designee. “Fireworks” has the same meaning as California Health and Safety Code Section 12511, as may be amended.
“Fireworks stand” means any building, counter, or other structure of a temporary nature used in the sale, offering for sale or display for sale of safe and sane fireworks. “Fireworks wholesaler” means any person, other than an importer, exporter or manufacturer selling directly to wholesalers, who sells fireworks to a retailer or any other person for resale. “Gathering” is a party, gathering, event, or other social function where a group of three or more persons have assembled or are assembling for a social occasion or social activity. “Illegal fireworks” means any of the following:

1. Dangerous fireworks of twenty-five (25) pounds or less.

2. Altered safe and sane fireworks.

3. Any other combustible device or explosive substance the use, possession, or discharge of which is prohibited by applicable City, State, or Federal law. “Permit application” means a form provided by the City used to determine eligibility to participate in the safe and sane fireworks lottery.
“Permit” means a certificate issued by the Fire Chief that allows a qualified organization chosen by way of a lottery to sell safe and sane fireworks for the dates and times listed on the permit. 226
4 Issuance of a permit does not confer to permittee ANY PROPERTY RIGHT and the City may at its sole discretion, without notice or opportunity for hearing, revoke the permit. “Permittee” means a qualified organization that has received a permit to sell safe and sane fireworks.
“Property” means any of the following:

1. Any private property, including but not limited to any home, residence, yard, courtyard, grounds, balcony, porch, roof, parking lot, vacant lot, park, playground, field, apartment, condominium, townhouse, hotel, motel, other dwelling unit, hall, meeting facility, or any types of commercial or industrial premises, whether occupied temporarily or permanently; whether used as a dwelling or not, or for a private display, or gathering; and whether owned, leased, rented, or otherwise used, with or without compensation.

2. Public property, including but not limited to any publicly owned or controlled facility, area, right-of-way, sidewalk, street, alley, parking lot or grounds that are rented, reserved, permitted, or otherwise used for private display, or gathering, including space within a public park or other governmental facility, with or without compensation. “Public display of fireworks” means any event where the public is admitted or allowed to view the display or discharge of safe and sane fireworks, including private, theatrical or civic performances.
“Qualified organization” means any nonprofit, including, but not limited to, 501(c)(3) or other charity as defined by federal or state law, or a group which is an integral part of or recognized by a nonprofit or charity and in existence for at least one year prior to submitting a permit application or an elementary, junior high and/or high school and/or school district and recognized affiliates or public and/or private community college, college and/or university that serves, in whole or in part, the residents of the City and is located within the boundaries of the City. An organization either administratively or criminally guilty of violating any local, state or federal law or that had a permit revoked within 24 calendar months prior to the organization's submittal of a permit application shall not be a qualified organization.
“Response costs” means those reasonable and necessary costs directly incurred by Code Enforcement Personnel for a response to a violation of this chapter or other applicable provisions of this Code, and include the cost of providing law enforcement, firefighting, public work services and/or other emergency services at the scene of the violation, including, without limitation, the following:

1. Salaries and benefits of any Code Enforcement Personnel and/or other City Officials for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the response(s); and 227
5 2. The cost of any medical treatment to or for any Code Enforcement Personnel and/or other City Officials injured responding to, remaining at, or leaving the scene of the violation; and

3. The cost of repairing any equipment or material used by Code Enforcement Personnel, other City Officials or damage to City property, and the cost of the use of any such equipment and/or material, in responding to, remaining at, or leaving the scene of the violation; and

4. The costs associated with the handling, processing, photography, storage, transportation, and disposal of any illegal fireworks, including any reimbursement to the Office of the State Fire Marshal for fireworks seized pursuant to this chapter or applicable law. “Safe and sane fireworks” means safe and sane fireworks as defined in Health and Safety Code Sections 12529 and 12562 and Title 19, Code of Regulations, Division 1, Chapter 6 as may be amended.
“Social host” or “Host” means any of the following:

1. Any person responsible for private property in the City of Orange, including but not limited to an owner, landlord, lessee, trustee, tenant, property manager, or anyone lawfully in possession or control; and/or

2. Any person with the right to use, possess, or occupy public or private property by ownership, lease, permit, license, rental agreement, or contract or anyone lawfully in possession or control; and/or

3. Any person who hosts, organizes, supervises, officiates, conducts, controls, manages, permits, allows, promotes, sponsors, aids, abets, accepts responsibility, or is otherwise responsible for any spectators, private display, or gathering on private or public property, or on any adjacent public or private street.
“Spectator” means any person who is present at the time illegal fireworks are ignited, exploded, projected, discharged, possessed, sold, or otherwise used, for the purpose of viewing, observing, watching, gathering, participating in, engaging in, or otherwise witnessing such activity, whether occurring on private or public property, or on any adjacent public or private street. “Strictly liable” means legally responsible for a violation or wrongful act regardless of intent, knowledge, negligence, fault, or participation, and regardless of whether the person knew, reasonably should have known of, authorized, or failed to prevent the conduct giving rise to the violation or wrongful act.

SECTION III:

Section 8.13.030 of the Orange Municipal Code, “Health and Safety – Fireworks – Administrative Regulations,” is hereby amended to read as follows:
228
6 8.13.030 Administrative Regulations.

Unless specifically provided for in the Orange Municipal Code, the City Manager may from time to time adopt reasonable administrative policies, procedures, enforcement measures, rules, and regulations consistent with this chapter as necessary to implement, administer, and enforce its provisions. Such rules and regulations shall have the force and effect of law, and failure to comply shall constitute a violation of this chapter. All rules and regulations shall be published in advance and filed with the City Clerk for public inspection.

SECTION IV:

Section 8.13.140 of the Orange Municipal Code “Health and Safety – Fireworks – Seizure of Fireworks,” is hereby amended to read as follows:

8.13.140 Seizure of Fireworks.

The Fire Chief or any designated Code Enforcement Personnel may seize, take, remove, abate or cause to be removed, at the expense of the permittee, fireworks wholesaler, or any person, whichever is applicable, all stocks of fireworks offered, possessed, stored, or exposed for sale, or held in violation of this chapter or applicable law.

SECTION V:

Section 8.13.180 “Health and Safety – Fireworks – Host, Minor, and Spectator; Strict Liability,” is hereby added to the Orange Municipal Code to read as follows:

8.13.180 Host, Minor, and Spectator; Strict Liability.

A. A host is strictly liable for any violation involving the ignition, explosion, projection, discharge, use, possession, sale, or display of illegal fireworks, occurring on property owned, leased, occupied, or otherwise under the control of the host, or on any adjacent public or private street as defined in this chapter.

B. A host has an affirmative duty to take any and all reasonable steps to prevent the ignition, explosion, projection, discharge, use, possession, sale, or display of illegal fireworks, on private or public property, or on any adjacent public or private street.

C. This section shall not apply to:

1. The possession, manufacture, storage, display, sale, use, or discharge of fireworks authorized by applicable City, State, or Federal law.

2. Public displays or theatrical performances of fireworks activities conducted by pyrotechnic operators licensed by the State Fire Marshal operating pursuant to that 229
7 license with required City permits and approvals, including spectators lawfully present at such activities.

3. A host, property owner, or responsible person in possession or control of the property who, before any other person reports a violation, promptly contacts law enforcement or Code Enforcement Personnel to request assistance in removing any involved person, illegal fireworks, from the property or any adjoining public or private street, or in terminating the unlawful activity to achieve compliance with this chapter.

D. Any parent, guardian, or person with care, custody, or control of a minor under eighteen (18) years of age is strictly liable for any violation arising from the minor’s ignition, explosion, projection, discharge, use, possession, sale, or display of illegal fireworks, on private or public property, or on any adjacent public or private street. Presence at the time of the violation is not required to impose liability. Any such violation may also be separately attributed to the minor to the extent permitted by law.

E. Any person present as a spectator during the ignition, explosion, projection, discharge, use, possession, sale, or display of illegal fireworks, on private or public property, or on any adjacent public or private street, may be deemed a responsible person under this chapter when substantial evidence demonstrates active participation in, direction of, or material assistance in the violation.

F. Upon identifying the ignition, explosion, projection, discharge, use, possession, sale, or display of illegal fireworks, a law enforcement or other Code Enforcement Personnel may issue a written notice to any person, host, minor, spectator, or other responsible person stating that a violation of this chapter or other applicable provisions of this Code has occurred and that subsequent violations may result in enforcement action and/or the assessment of response costs.

SECTION VI:

Section 8.13.190 “Health and Safety – Fireworks – Block Party Permit or Special Event Permit Restrictions,” is hereby added to the Orange Municipal Code to read as follows:

8.13.190 Block Party Permit or Special Event Permit Restrictions.

A. Any person, firm, host, or corporation that applies for and receives a Block Party Permit, Special Event Permit, or other City-required permit, license, or approval pursuant to the City Code to reserve, use, close, or restrict access to a private or public property, or any adjacent public or private street, shall comply with all imposed conditions. Such conditions include, but are not limited to, taking any and all reasonable measures to prevent the ignition, explosion, projection, discharge, possession, sale, display, or other use of any illegal fireworks.

B. Any violation of a permit, license, or approved condition shall result in strict liability and constitute violation under this chapter.
230
8 C. Any person, firm, host, or corporation required to obtain, but failing to obtain, a Block Party Permit, Special Event Permit, or other City-required permit, license, or approval pursuant to the Code shall likewise constitute a violation under this chapter.

SECTION VII:

Section 8.13.200 “Health and Safety – Fireworks – Enforcement,” is hereby added to the Orange Municipal Code to read as follows:

8.13.200 Enforcement.

A. No limitation on other remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. This Chapter provides a nonexclusive and cumulative method of enforcement. The City may pursue any and all other remedies authorized by this Code and applicable law, whether concurrently, separately, or consecutively, including but not limited to administrative and criminal enforcement under Chapter 1.08 and/or 1.10, civil actions (including injunctive relief), and nuisance abatement procedures. This Chapter supplements all other remedies available under the Orange Municipal Code, state law, and other applicable regulations.

C. Strict liability offense. A violation of this chapter is expressly declared as a strict liability offense against any person, host, minor, spectator, or other responsible person including any and all response costs resulting from such violation or act.

D. Responsible persons; joint liability. For enforcement purposes, any person, host, minor, spectator, or other responsible person may be deemed a responsible person and cited separately and cumulatively. The City may issue citations to any and all responsible persons, including the individual who ignited, exploded, projected, discharged, possessed, sold, displayed, or otherwise used illegal fireworks, as well as the host.

E. Rebuttable presumption of notice. The record owner of the property, as shown on the County’s latest equalized assessment roll, and any person, host, or other responsible person in lawful possession or control of the property, shall be rebuttably presumed to have notice of any activity involving illegal fireworks, occurring or discharging on private property, or on any adjacent public or private street.

F. Any violation of this chapter or other applicable provisions of this Code may be remedied by a civil action brought by the City Attorney. The City may recover any response costs and reasonable attorney’s fees and costs of suit in any civil action brought by the City Attorney to remedy any violation of this chapter or other applicable provisions of this Code.

G. Any person found in violation of any applicable Sections 8.13.040, 8.13.050, 8.13.070, and/or

8.13.130 of the Orange Municipal Code may be subject to an administrative citation and/or misdemeanor in accordance with Chapter 1.08 and/or 1.10 of the Orange Municipal Code. 231
9 Each and every act of ignition, explosion, projection, discharge, possession, sale, display, permit, or other use of any fireworks shall constitute a separate violation and may be cited against any person, host, minor, or other responsible party.

1. Progressive fines as established by resolution of the City Council shall be as follows:
a. 1st Violation within a thirty-six (36) month period. b. 2nd Violation within a thirty-six (36) month period. c. 3rd and subsequent Violation within a thirty-six (36) month period.

H. Any violation of this chapter as it relates to any host, minor or spectator under Section

8.13.180, may be subject to administrative citation and/or misdemeanor pursuant to Orange Municipal Code Chapter 1.08 and/or 1.10. Each and every act of ignition, explosion, projection, discharge, possession, display, sale, or other use of any illegal fireworks, constitutes a separate violation.

I. Any person, firm, host, or corporation that violates this chapter in connection with a Block Party Permit, Special Event Permit, or any other City required permit or license under Section

8.13.190, including applying for and receiving such permit or failing to obtain such permit or license, may be subject to an administrative citation and/or misdemeanor pursuant to Orange Municipal Code Chapter 1.08 and/or 1.10. Each and every act of ignition, explosion, projection, discharge, possession, display, sale, or other use of illegal fireworks constitutes a separate violation.

J. Appeals of Fines. Administrative fines issued under this chapter may be appealed in accordance with Chapter 1.10 upon payment of an administrative appeal fee as established by resolution of the City Council. The appeal fee is intended to offset City costs associated with report preparation, evidence compilation, and hearing officer services. 232
10 K. Response Costs. In addition to any fines or penalties which may otherwise be levied by the City pursuant to this chapter, the City shall be entitled to recover from any person, host, minor, spectator, or other responsible person found to be in violation of this chapter or other applicable provisions of this Code, the City’s full response costs. Payment for response costs shall be remitted to the City of Orange within 30 calendar days of the date of the notice The amount of any response costs imposed shall be deemed a civil debt due and owing to the City that is collectible in any manner allowed by law.

1. Appeal of Response Costs. A challenge of the response costs may be made to the City Manager or designee. Such notice of appeal must be submitted in writing within 14 calendar days of receipt of the City's Notice of Response Costs and filed with the City Clerk's Office along with payment of an appeal fee in an amount established by resolution of the City Council. The notice of appeal shall briefly state the grounds of appeal and be signed by the appealing party. Said appeal shall be heard by the City Manager or designee as soon as practical. The appellant and any Code Enforcement Personnel shall be allowed to introduce evidence and call witnesses at the hearing. The decision by the City Manager or designee shall be in writing and shall be final.

L. State Fines. To the extent required by State law, any applicable fines collected pursuant to this chapter shall be administered in accordance with California Health and Safety Code section 12726, as may be amended from time to time. As provided therein, a specified percentage of all administrative fines or penalties collected by the City shall be remitted to the Controller of the State of California for deposit into the State Fire Marshal Fireworks Enforcement and Disposal Fund pursuant to California Health and Safety Code section 12728, as may be amended from time to time.

SECTION VIII:

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

SECTION IX:

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

ADOPTED this ____ day of ___________________, 2026.

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

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

Nathalie Adourian, City Attorney, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 28th day of April, 2026, and thereafter at the regular meeting of said City Council duly held on the day of , 2026 was duly passed and adopted by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
234
Agenda Item
Orange City Council
Item #: 3.11. 5/12/2026 File #: 26-0237
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorization of payment to Big Ben Engineering, Inc. for emergency water main repair and pavement restoration at various locations throughout the City

2. SUMMARY
During the labor stoppage in February and March 2026, the Public Works Department utilized the service of Big Ben Engineering, Inc. for emergency water main repairs, service leaks, and asphalt repairs. The total cost for these repairs is $128,435.81.

3. RECOMMENDED ACTION
Authorize the payment of $128,435.81 to Big Ben Engineering, Inc. for the repair of water main breaks, service leaks, and pavement restoration at various locations.

4. FISCAL IMPACT
The expense for this payment is $128,435.81 and will be funded through the Water Fund (600): 600- 5803-56102 - Repair/Maint Services-Facility

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

6. DISCUSSION AND BACKGROUND
During the labor stoppage in February and March 2026, Big Ben Engineering (BBE), Inc. was engaged to perform emergency repairs for the Water Utility. BBE has worked on multiple projects for the City in the past and they were available to respond quickly to emergency repair situations. There were five instances where BBE’sservice was needed including a major main line break near the intersection of Main Street and Collins Avenue. BBE promptly repaired the breaks and restored pavement on a time and material basis. Upon completion of these repairs, time and material tickets and invoices were submitted to the City for review. The total cost for these repairs is $128,435.81.

The repairs to the water mains, service lines, and roadway restoration have been completed satisfactorily. Staff are requesting authorization to make final payment to BBE, Inc. in the amount of $128,435.81.

7. ATTACHMENTS
City of Orange Printed on 5/7/2026Page 1 of 2
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Item #: 3.11. 5/12/2026 File #: 26-0237
· Big Ben Engineering Invoices
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Agenda Item
Orange City Council
Item #: 3.11. 5/12/2026 File #: 26-0237
TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Authorization of payment to Big Ben Engineering, Inc. for emergency water main repair and pavement restoration at various locations throughout the City

3. RECOMMENDED ACTION
Authorize the payment of $128,435.81 to Big Ben Engineering, Inc. for the repair of water main breaks, service leaks, and pavement restoration at various locations.

4. FISCAL IMPACT
The expense for this payment is $128,435.81 and will be funded through the Water Fund (600): 600- 5803-56102 - Repair/Maint Services-Facility

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

7. ATTACHMENTS
City of Orange Printed on 5/7/2026Page 1 of 2
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Item #: 3.11. 5/12/2026 File #: 26-0237
· Big Ben Engineering Invoices
City of Orange Printed on 5/7/2026Page 2 of 2
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Invoice No. Date Description Amount
2606-01 2/27/2026Repair 10" main break at 844 N. Main St. $38,488.25 2606-02 3/10/2026Service leak repair @ 434 E. Riverboat Wy. $7,636.98 2606-03 3/10/2026Service leak repair @ 3450 Shallow Brook Ln.$7,603.09 2606-04 3/11/2026Service leak repair @ 3018 E. Roberta Dr. $9,631.58 2606-05 3/12/2026Repair 12" main break at 6733 E. San Marcos Ct.$10,225.40 2606-06 3/23/2026Pavement restoration at various locations $16,382.93 2606-08 3/27/2026Pavement restoration at 2404 E. Chestnut Ave.$16,303.54 2606-09 4/6/2026Repair 12" main break at 2720 W. Chapman Ave.$22,164.04 Total $128,435.81
BIG BEN ENGINEERING, INC. INVOICES
239
TO:

JOB NAME:

OWNER:

TASK ORDER #:

We submit the following: ESTIMATE SCHEDULE OF COSTS In response to: QUOTATION REQUEST VERBAL REQ. ORDER TO PROCEED Scope of work includes:

T&M
#1
T&M
#2
T&M
#3
T&M
#4
Notes:

Exclusions:

11. This is only an estimate. It does not constitute an agreement or a contract.

12. No overtime or premium time included.

6. Repair to any existing unknown or unmarked conduits.

7. Striping.

8. Ground Water Removal.

9. Traffic Loops.

10. Traffic Control Plans.

PROVISIONS
Water Main Leak Repair
10,327.66$
17,200.69$
-$
38,488.25$ TOTAL
Dig and repaired 10" water leak underneath 60" storm drain on Main St.

Removed shoring and slurry fill leak repair. Cleaned up the job site.

Stripout asphalt, prepped to pave and cap. Paved flushed and cleaned the job site.

We propose to provide all material, labor, equipment, and services to complete the following project in a substantial and workmanlike manner according to standard practices.

TITLE:
10,959.90$

3. This proposal is based on one (1) move-in. Any additional will be $3,000 each.

4. Any engineering, testing or inspection.

5. Bonding.

1. This estimate will remain in effect for 30 days only.

2. Work to be done during normal business hours of 7:00 AM - 5:00 PM.

3. Surveying, testing, and permitting to be provided by City if needed.

1. Permits, licenses and permission from all authorities and private landowners prior to commencement of any work.

2. Any costs related to testing, permit or inspection fees.

BIG BEN ENGINEERING
N/A
2/27/2026
2606-01INVOICE:

Accounts Payable
884 N Main St, City OF Orange
City Of Orange
DATE:
4790 Irvine Blvd. #105-404, Irvine, CA 92620 | Tel.(949) 660-9400 | Fax (949) 333-3672 CA Lic. No. 774444 | DIR No. 1000007466 240
Task Order #: Foreman:

Project Name: Date of Work:

Customer: T&M #:

Description:

REG OT DT HOURLY

RATE TOTAL

6.0 4.0 135.00$ 1,620.00$

5.0 4.0 135.00$ 1,485.00$

6.0 4.0 103.00$ 1,236.00$

5.0 4.0 103.00$ 1,133.00$
5,474.00$

QTY HOURS HOURLY

RATE TOTAL
1 9.0 70.00$ 630.00$
1 10.0 35.00$ 350.00$
1 10.0 35.00$ 350.00$
1 2.0 57.26$ 114.52$
2 1.0 175.00$ 350.00$
1 10.0 120.00$ 1,200.00$
1 10.0 20.12$ 201.20$
1 1.0 800.00$ 800.00$
3,995.72$

UNIT QTY UNIT

PRICE TOTAL
-$
-$
-$
-$
-$
Tax: 10.25% -$
-$

UNIT QTY UNIT

PRICE TOTAL
EA 1 1,419.22$ 1,419.22$
1,419.22$
10,888.94$
TYPE AMOUNT 70.96$
MATERIAL 15%
SUB 5% 10,959.90$

MARK-UP TOTAL

TOTAL THIS REPORT
Sergio AvinaN/A
884 N Main St, City of Orange
City Of Orange
2/27/2026

TOTAL COST OF SUBCONTRACTOR
MARK-UP LABOR + EQUIP + MATERIAL + SUB TOTAL

TOTAL COST OF MATERIALS

SUBCONTRACTOR
Tool/Service Truck

TOTAL COST OF EQUIPMENT

MATERIAL

DESCRIPTION
Trench Plates
Dump Truck
Equipment Trailer
Equipment MOB/Demob

TOTAL COST OF LABOR

EQUIPMENT

DESCRIPTION
Loader Backhoe (70 - 99 Net HP)
Tool/Service Truck

SUBCONTRACTOR
Trench Shoring

T&M INVOICE
Dig and repaired 10" water leak underneath 60" storm drain on Main St.

LABOR

DESCRIPTION
1 Superintendent/Foreman
Operator
Laborer
Laborer
Flat Bed
4790 Irvine Blvd. #105-404, Irvine, CA 92620 | Tel.(949) 660-9400 | Fax (949) 333-3672 CA Lic. No. 774444 | DIR No. 1000007466 241
1 4000000808
TS 8' X 8' TRENCH BOX TS1350 - 3" WALL
02/27/26
03/02/26
263.67
(MINIMUM RENTAL 1 DAY, DAY 87.89, WEEK 263.67, 4-WEEK 791.00) 4 4030004100
TB SPREADER 4X4 X 10'
02/27/26
03/02/26

21.00 (MINIMUM RENTAL 1 DAY, DAY 1.75, WEEK 5.25, 4-WEEK 15.76) 8 4300009157

1.5" X 7" TB SPREADER PIN W/ KEEPER
02/27/26
03/02/26

0.00 (MINIMUM RENTAL 1 DAY)
1 1100000810
TRENCH TOP 8'X10' REGULAR
02/27/26
03/03/26

43.35 (MINIMUM RENTAL 5 DAY, DAY 8.67, WEEK 60.69, 4-WEEK 242.76) 4 1100000824
TRENCH TOP 8'X24' REGULAR
02/27/26
03/03/26
389.60
(MINIMUM RENTAL 5 DAY, DAY 19.48, WEEK 136.38, 4-WEEK 545.50) 1 4241000008
8'X 1/2" 4-LEG W/SHURLOC HOOKS, HARNESS
02/27/26
03/11/26

85.60 (MINIMUM RENTAL 1 WEEK, DAY 10.70, WEEK 42.80, 4-WEEK 128.40)

2.25 900000001

DELIVERY - BOOM TRUCK
-
-
346.50
DELIVERY RECEIPT # RDEL
20315132

SIGNED BY SERGIO AVINA
(RATE 154.00)

1.75 900000003

DELIVERY - BOOM/HLPR
-
-
269.50
DELIVERY RECEIPT # RDEL
20315133

SIGNED BY SERGIO AVINA
(RATE 154.00)
1 902000009

PICKUP - NO CHARGE
-
-

0.00 RETURN RECEIPT # RCOL
20451193

NO SIGNATURE
W/ RC
20244318
COMPTON · 310-327-5554 CORONA · 951-734-4290 LAKE FOREST · 949-454-0858 MOORPARK · 805-529-4614 FULLERTON · 714-879-1005 SAN DIEGO · 858-530-2500 BANNING · 951-849-1611 LAS VEGAS · 702-651-0920 BAKERSFIELD · 661-396-9160 FRESNO · 559-691-4123 SAN LEANDRO · 510-900-0595 SACRAMENTO · 916-290-4020 PAYMENT DUE DATE IS 30 DAYS FROM INVOICE DATE VIA CHECK OR EFT 1 ½ % PER MONTH LATE FEE WILL BE CHARGED ON BALANCES NOT RECEIVED BY DUE DATE CREDIT CARDS ACCEPTED-A PROCESSING FEE WILL APPLY. CALL FOR DETAILS CONTRACT NO. RC20244486
NO. RI20597346
14709
3/12/2026

TRENCH SHORING COMPANY
206 N. CENTRAL AVENUE
COMPTON, CA 90220

RENTAL INVOICE
CUSTOMER NO.

PO NO.

JOB NO.

JOBSITE

W COLLINS

SERGIO AVINA
W Collins Ave & N Main St
ORANGE, CA 92867
2606-01
PAGE 1 OF 2

BIG BEN INC
4790 IRVINE BLVD
SUITE 105-404
IRVINE, CA 92620

ON RENT DATE
02/27/26

ORDERED BY

SERGIO AVINA
NO.

EQUIPMENT
FROM
DATE
THRU
DATE
AMOUNT
QTY
SEQUENCE NO. 1
*NEW REMIT ADDRESS

TRENCH SHORING COMPANY
P.O. BOX 2970
SEAL BEACH, CA 90740
www.trenchshoring.com
242
1 902000009

PICKUP - NO CHARGE
-
-

0.00 RETURN RECEIPT # RCOL
20452623

NO SIGNATURE
W/ RC
20244318
1 902000009

PICKUP - NO CHARGE
-
-

0.00 RETURN RECEIPT # RCOL
20450734

SIGNED BY CRISTIAN B
W/ RC
20244028
(RATE 0.00)
1 902000011

CUSTOMER RETURNED TO YARD
-
-

0.00 RETURN RECEIPT #RCOL
20453813

SIGNED BY DANIEL PEREZ
(RATE 0.00)
EQUIPMENT REMAINING ON RENT AS OF - 3/11/2026
QTY
NO.

EQUIPMENT

NO ITEMS REMAINING ON RENT
RENTAL
803.22
TAX

0.00 TOTAL
1,419.22
COMPTON · 310-327-5554 CORONA · 951-734-4290 LAKE FOREST · 949-454-0858 MOORPARK · 805-529-4614 FULLERTON · 714-879-1005 SAN DIEGO · 858-530-2500 BANNING · 951-849-1611 LAS VEGAS · 702-651-0920 BAKERSFIELD · 661-396-9160 FRESNO · 559-691-4123 SAN LEANDRO · 510-900-0595 SACRAMENTO · 916-290-4020 SALES
616.00
PAYMENT DUE DATE IS 30 DAYS FROM INVOICE DATE VIA CHECK OR EFT 1 ½ % PER MONTH LATE FEE WILL BE CHARGED ON BALANCES NOT RECEIVED BY DUE DATE CREDIT CARDS ACCEPTED-A PROCESSING FEE WILL APPLY. CALL FOR DETAILS CONTRACT NO. RC20244486
NO. RI20597346
14709
3/12/2026

TRENCH SHORING COMPANY
206 N. CENTRAL AVENUE
COMPTON, CA 90220

RENTAL INVOICE
CUSTOMER NO.

PO NO.

JOB NO.

JOBSITE

W COLLINS

SERGIO AVINA
W Collins Ave & N Main St
ORANGE, CA 92867
2606-01
PAGE 2 OF 2

BIG BEN INC
4790 IRVINE BLVD
SUITE 105-404
IRVINE, CA 92620

ON RENT DATE
02/27/26

ORDERED BY

SERGIO AVINA
NO.

EQUIPMENT
FROM
DATE
THRU
DATE
AMOUNT
QTY
SEQUENCE NO. 1
*NEW REMIT ADDRESS

TRENCH SHORING COMPANY
P.O. BOX 2970
SEAL BEACH, CA 90740
www.trenchshoring.com
243
Task Order #: Foreman:

Project Name: Date of Work:

Customer: T&M #:

Description:

REG OT DT HOURLY

RATE TOTAL

4.0 135.00$ 810.00$

4.0 103.00$ 618.00$
2,238.00$

QTY HOURS HOURLY

RATE TOTAL
1 4.0 70.00$ 280.00$
1 4.0 35.00$ 140.00$
1 4.0 57.26$ 229.04$
1 4.0 60.00$ 240.00$
1 4.0 35.00$ 140.00$
1 1.0 800.00$ 800.00$
1 4.0 20.12$ 80.48$
1,909.52$

UNIT QTY UNIT

PRICE TOTAL
CY 25 52.50$ 1,312.50$
EA 1 3,675.00$ 3,675.00$
-$
-$
-$
-$
Tax: 7.75% 386.53$
5,374.03$

UNIT QTY TOTAL
-$
9,521.55$
TYPE AMOUNT 806.10$
MATERIAL 15%
SUB 5% 10,327.66$
Laborer

T&M INVOICE
N/A Sergio Avina
884 N Main St, City OF Orange 2/28/2026
City Of Orange 2
Removed shoring and slurry fill leak repair. Cleaned up the job site.

LABOR

DESCRIPTION
Superintendent/Foreman
Operator
Loader Backhoe (70 - 99 Net HP)

TOTAL COST OF LABOR

EQUIPMENT

DESCRIPTION

DESCRIPTION
Tool/Service Truck
Flat Bed
Loader Backhoe (100 - 129 Net HP)
Tool/Service Truck
Equipment MOB/Demob
Equipment Trailer

TOTAL COST OF EQUIPMENT

MATERIAL

TOTAL THIS REPORT
Please see Robertson's Invoice

TOTAL COST OF MATERIALS

SUBCONTRACTOR

SUBCONTRACTOR
Soil/Dump Fees

TOTAL COST OF SUBCONTRACTOR
MARK-UP LABOR + EQUIP + MATERIAL + SUB TOTAL

MARK-UP TOTAL
4790 Irvine Blvd. #105-404, Irvine, CA 92620 | Tel.(949) 660-9400 | Fax (949) 333-3672 CA Lic. No. 774444 | DIR No. 1000007466 244
245
Task Order #: Foreman:

Project Name: Date of Work:

Customer: T&M #:

Description:

REG OT DT HOURLY

RATE TOTAL

8.0 3.0 135.00$ 1,687.50$

8.0 3.0 103.00$ 1,287.50$

8.0 3.0 103.00$ 1,287.50$
6,837.50$

QTY HOURS HOURLY

RATE TOTAL
1 11.0 70.00$ 770.00$
1 11.0 120.00$ 1,320.00$
1 11.0 35.00$ 385.00$
1 11.0 38.60$ 424.60$
1 11.0 30.00$ 330.00$
1 1.0 800.00$ 800.00$
1 11.0 20.12$ 221.32$
4,250.92$

UNIT QTY UNIT

PRICE TOTAL
EA 3 300.00$ 900.00$
EA 1 2,949.41$ 2,949.41$
EA 18 20.00$ 360.00$
-$
-$
-$
Tax: 7.75% 256.48$
4,465.89$

UNIT QTY TOTAL
EA 1 930.00$
930.00$
16,484.31$
TYPE AMOUNT 716.38$
MATERIAL 15%
SUB 5% 17,200.69$
Asphalt Dump Fees

TOTAL COST OF SUBCONTRACTOR
MARK-UP LABOR + EQUIP + MATERIAL + SUB TOTAL

MARK-UP TOTAL

TOTAL THIS REPORT
Please see RJ Noble Invoice
Base

TOTAL COST OF MATERIALS

SUBCONTRACTOR

SUBCONTRACTOR
Mulder Concrete

DESCRIPTION
Dump Truck
Tool/Service Truck
Roller
Hydraulic Breaker, Backhoe
Equipment MOB/Demob
Equipment Trailer

TOTAL COST OF EQUIPMENT

MATERIAL
Loader Backhoe (70 - 99 Net HP)
Laborer
Laborer

TOTAL COST OF LABOR

EQUIPMENT

DESCRIPTION
Laborer

T&M INVOICE
N/A Reynaldo Munoz
884 N Main St, City OF Orange 3/3/2026
City Of Orange 3
Stripout asphalt, prepped to pave and cap. Paved flushed and cleaned the job site.

LABOR

DESCRIPTION
Superintendent/Foreman
Laborer
4790 Irvine Blvd. #105-404, Irvine, CA 92620 | Tel.(949) 660-9400 | Fax (949) 333-3672 CA Lic. No. 774444 | DIR No. 1000007466 246

INVOICE REPRINT
Engineering Contractors
P.O. Box 620 Orange, California 92856 Invoice #: 271245 (714) 637-1550 Fax (714) 637-6321 03/03/2026Invoice Date:

Delivered To: Address N/A
N/A, N/A 00000-0000
Sold To: Big Ben Construction Customer No: 1000
4790 Irvine Blvd. #105-404 Customer PO No: 2606-01
Irvine, CA 92620 RJN No:

UM Matl
Total
Tax % Tax TotalUnit
Price
Units Haul
Total
Sales
Date
Ticket Description Env
Fee
906.00TON E 830.83 0.00 65.17IIIB-2 R20% PG64-10 WMA03/03/2026 10.00 0.07751190539 10.01 83.00 830.83 10.00 65.17 906.00 10.01
1,454.22TON E 1,339.62 0.00 104.60IIIC-3 R20 PG64-10 WMA03/03/2026 10.00 0.07751190553 16.14 83.00 736.97TON E 673.96 0.00 53.01IIIC-3 R20 PG64-10 WMA03/03/2026 10.00 0.07751190568 8.12 83.00 2,013.58 20.00 157.61 2,191.19 24.26

64.65GAL E 60.00 0.00 4.65Emulsion03/03/2026 0.00 0.0775Pc1725 5.00 12.00

60.00 4.65 64.65 5.00

16.16GAL E 15.00 0.00 1.165 Gallon Bucket03/03/2026 0.00 0.0775Pc1726 1.00 15.00

15.00 1.16 16.16 1.00
Total Invoice:

Units Matl Total
(Taxable)
Haul Total
(Non-Taxable)
Env Fee
(Taxable)
Tax TotalTax %
3,178.00 228.59 2,919.41 0.00 30.00 0.0775 40.27
DUP Pay Terms Due Upon Presentation
Payment Type: On Account
For your convenience, we are now accepting credit cards payments! (all credit card payments are subject to 4% convenience fee).R.J.

Noble will charge NSF fees of $30.00 for every check returned. Fees are subject to change at any time.

Page 1 of 1247 ends

Orange City CouncilMay 12, 2026

Orange City Council
May 12, 2026