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HomeMy WebLinkAbout FULL PACKET_2019-07-16REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: ORDINANCE SECOND READING: ZONING ORDINANCE AMENDMENT NO. 2019-03 TO AMEND CERTAIN DEVELOPMENT AND DESIGN STANDARDS APPLICABLE WITHIN THE TRANSIT ZONING CODE (SPECIFIC DEVELOPMENT NO. 84) ZONING DISTRICT - CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NO. 3, 2; 5, 3) . ,% WFel CITY7MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On July 2, 2019, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4-0 (Sarmiento absent and Pulido abstained): ORDINANCE NO. NS-2970 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ZONING ORDINANCE AMENDMENT NO. 2019-03 AMENDING SECTIONS 41-2009, 41-2010, 41-2011, 41-2012, 41-2013, 41-2014, 41-2015, 41-2020, 41- 2021, 41-2022, 41-2023, 41-2024, 41-2025, 41-2026, 41-2027, 41-2028, 41-2029, 41-2030, 41- 2031, and 41-2032 OF THE SANTA ANA MUNICIPAL CODE IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT TO MODIFY HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING In summary, the ordinance amends various sections of the Transit Zoning Code (Specific Development No. 84) of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). Specifically, Sections 41-2009, 41-2010, 41-2011, 41-2012, 41-2013, 41-2014, 41-2015, 41- 2020, 41-2021, 41-2022, 41-2023, 41-2024, 41-2025, 41-2026, 41-2027, 41-2028, 41-2029, 41- 2030, 41-2031, and 41-2032 of the Santa Ana Municipal Code as articulated within the Specific Development No. 84 zoning district would be amended. These revisions are proposed in an effort to continue to establish high -quality development standards. 11 A-1 Zoning Ordinance Amendment No. 2019-03 — Transit Zoning Code Amendments July 16, 2019 Page 2 The attached Ordinance has been edited to comprehensively identify all the section of the Transit Zoning Code (TZC) that were amended and as approved by the City Council on July 2, 2019. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency Exhibit: 1. Ordinance No. NS-2970 11 A-2 EXHIBIT 1 LS 7.2.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING ZONING ORDINANCE AMENDMENT NO. 2019-03 AMENDING SECTIONS 41- 2009, 41-2010, 41.2011, 41.2012, 41-2013, 41-2014, 41- 2015, 41-2020, 41-2021, 41-2022, 41-2023, 41-2024, 41- 2025, 41-2026, 41-2027, 41.2028, 41-2029, 41-2030, 41- 2031, and 41.2032 OF THE SANTA ANA MUNICIPAL CODE IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT TO MODIFY HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high -quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 (Zoning) of the SAMC specifically found in the Transit Zoning Code (Specific Development No. 84). B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations that are practical for the City and developers to implement through high -quality and safe building designs. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on homeowners, business operators and developers. C. At its adjourned regular meeting on May 14, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-03. Ord, NS 2019-XXXX Page 1 11 A-3 D. At its regular City Council meeting on June 4, 2019, the City Council by a vote of 6:0 continued the public hearing for Zoning Ordinance Amendment (ZOA) No. 2019-03 for 30 days. E. The City Council, on July 2, 2019, held a duly noticed public hearing on this zoning ordinance and amendments, and has considered all testimony presented thereto. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 etseq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment (Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3, Sections 41-2009, 41-2010, 41-2011, 41.2012, 41-2013, 41-2014, 41-2015, 41-2020, 41.2021, 41-2022, 41-2023, 41-2024, 41-2025, 41-2026, 41-2027, 41-2028, 41.2029, 41-2030, 41-2031, and 41-2032 of the Santa Ana Municipal Code in the Transit Zoning Code/Specific Development (SD) No. 84 zoning district are hereby amended and attached hereto as Exhibit A and incorporated by reference as though fully set forth herein. Section 4, If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: - -i Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ord. NS 2019•XXXX Page 2 11 A-4 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ord. NS 2019-XXXX Page 3 11 A-5 TRANSIT ZONING CODE :Table A: Contents and Organization TABLE OF CONTENTS AND CODE ORGANIZATION This Code is organized as Identified below: Nal ,1.6 uthoiity and 1.6 - es I:I TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Ana, California 11 A-7 Table Ai,Cgntents and..UrgaolzationtonVd TRANSIT ZONING CODE i:Z SPECIFIC DEVELOPMENT 94 City of Santa Ana, California 11 A-8 '.TRANSIT ZONING CODE :General Provisions ARTICLE XIX. THE TRANSIT ZONING CODE, SPECIFIC DEVELOPMENT Sec. 41.2001. Application of Article NO, 84 (a) The Transit Zoning Code, as authorized by Chapter 41, Division 26, Section Division 1. General Provisions 41-593 at seq., of the Santa Ana Municipal Code, is subject to the standards and regulations contained In this Article for the express purpose of establlsh- Ing land use regulations and standards. All other applicable chapters, articles, SeC.4L2000. PUr o5e and intent. P and sections of the SAMC and any other regulations adopted by the City Council shall apply unless expressly stated or superseded by this Article, All (a) This article provides detailed regulations for development and land uses within terms contained herein shall be defined by the SAMC, unless specifically the specific development area, and describes how these regulations will be defined in this Article, used as part of the City's development review process. This article is Intended to provide for the Integration of new development and rehabilitation of exist- (b) Proposed development, including the construction, reconstruction or struc- ing structures with new and existing public transit Infrastructure. This article tural alteration of a structure, subdivisions, and new land uses within the spe- wlil provide for: cific development area shall comply with all the applicable regulations estab- lished by this article. (p Amizture of development and open spaces that situates commerce, work places, residences, and civic buildings within walking distance of transit and oneanother. (2) Streets that meet the needs of many transit modes including public transit, pedestrians, cyclists and automobiles. (3) Development that Is maximally transit supportive. (4) New and remodeled buildings to work together to define the pedestrian - oriented space of the public streets to support and strengthen the existing character ofthe neighborhoods in which they are located. (5) The repair and stabilization of the area's existing urban fabric, characterized by an interconnected gridded street pattern and a mixture of architectural styles and uses, In order to support the successful expansion of public tran sit and compatible development. Sec. 41-2001.5 Organization (a) Regulating Plan and Zones Established: Sections 41.2006 through 2008 defines the zones within the Specific Development ISM boundaries, the par- cels Included within each zone, and describes, zone by zone, the standards for building placement, design, and use consistent with the permitted uses Identi- fied in Table 2A. (b) Use Standards: Table 2A Identifies the land use types allowed by the City In each of the zones established by the Regulating Plan. A parcel within the Specific Development (SDI boundaries shall be occupied only by land uses Identified as allowed within the applicable zone and the type of City approval required by Table 2A. (c) Urban Standards by Zone: Sections 41 -201 0 through 2015 regulates the fea. tures of buildings that affect the public realm. The urban standards regulate building and parking placement, height, and profile, and vary according to the parcel's zone applied by the Regulating Plan. Standards for items not explicitly described in this section, Including but not limited to, walls and fences, mechanical equipment, trash bin enclosures, heliport and helipad, underground utility, installation of dish antennas, loading areas, parking lot design standards, refer to Chapter41 of the Santa Ana Municipal Code and the CRywide Design Guidelines, (d) Architectural Standards: Sections 41-2020 through 2039 regulates the man- ner in which individual parcels and blocks are developed to create diverse and pedestrian -oriented development, through the use of three main com- ponents: (1)Sectlons 41�2020 through 2032 building types feg., duplex, rowhouse, courtyard housing) (2)Sectlons 41-2033 through 2039 frontage types (e.g., front yard/porch, stoop, arcade, shopfront) (3)Section 41-2040 (Table 4.3A) architectural styles (e.g., Main Street Commercial, Mission Revival, Art Deco, Folk Victorian, Craftsman, California Contemporary). (a) Sign Standards: Section 41.2050 regulates all signage within the SO hound- alres to be consistent with the character described for each zone. (f) Subdivision Guidelines: Establishes guidelines for the creation and mainte- nance of a finely grained and walkable network of blocks punctuated by Integral and varied open spaces. (g) Street Network Concepts: identifies conceptual location and guidelines for the street network. This section rprovides guidelines the rights -of -way alignment, and width in plan and section with the corresponding details. IN Definitions: Sections 41-2080 identifies and defines the terms used in this Code. 1:3 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 0 City of Santa Ana, California 11 A-9 to Applicebtlfty of Code, conVId Sec. 41,2002. Nonconforming buildings, structures and uses (a) A nonconforming building, structure or use shall comply with Article VI as modified as follows: (1) A building or structure that does not conform to the architectural style or story height requirements at the time of the adoption of this Article shall not cause the structure to be nonconforming. (2) Sections 41-661.1 through 41-681.4 shall hat apply to this Article. (3) Rehabilitation, enlargement or exterior structural alterations of any noncon- forming structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may be rehabilitated as follows: a. Rehabilitation limited to structural or non-structural alterations without any building expansion Is permitted If: 1. All signage on the structure and the site on which it Is located shall be brought Into conformity with the signage requirements of this Chapter. 2. All outdoor storage shall be screened by a solid screen wall not to exceed 8 feet In height Outdoor storage shall not exceed the height of the screen wall. 3. There shall be no increase in the number of dwelling units unless the site on which the structure is located complies with the off-street pa riding and open space requirements of this Chapter. 4. Architectural massing, features and detailing shall be modified to bring the structure Into closer compliance with the architectural standards of this code, as deemed appropriate by the Executive Olrector of the Planning and Building Agency, or their designee. D. Rehabilitation may Include expansion when the total floor area of all expansions occurring in any five-year period does not exceed ten (10) percent of the floor area as It existed tithe beginning of the five years, provided that the following conditions are met: to the following: a. Structural alterations and additions may he made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as It existed at the beginning of said time, provided the number of dwelling units Is not Increased; and no new nomaonformances with the requirements of this code are created. b. Structural alterations and additions which exceed forty (40) percent of the total floor area as It existed at the beginning of a five-year period; or remodeling which Involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the following conditions are met: 1. Off-street parking shall be provided In conformance with the require. merits of this Chapter. 2. No new nonconformltles with the requirements of this Chapter are created. 3. A minimum ofelght hundred(800) square feet of usable, continuous, non -front yard open -space, excluding driveways and parking areas Is provided. Any open space with a minimum dimension of fifteen 05) feet by fifteen (15) feet shall be deemed continuous open space. c. Where rehabilitation of a building Involves more than fifty (50) percent ate building wall which encroaches Into a front orslde yard setback and Is demolished or Is structurally altered, the remainder of the building wail shall be demolished. Any subsequent building wall shall conform to all provisions of this Chapter. d. An existing two -car garage with a minimum dimension of eighteen If 8) feet by eighteen (IS) feet exterior dimension shall be considered con- forming. e. Remodel shall mean tommnstrucq or to make over in structure or style, but shall exclude re -roof, window replacement, exterior finish replace- ment and repair or similar modifications. Sec. 41-2003. Affordable Housing Development Incentives, 1. All signage on the structure and the site on which It Is located shall be brought Into conformity with the requirements of this chapter. Any affordable housing project may use any or all of the following incentives pursuant to an Affordability Covenant Permit: 2. There shall be no loading or unloading of vehicles between the hours of 10 pm and 7 am. 3. All outdoor storage shall be screened by a solid screen wall not to exceed 8 feet in height. Outdoor storage shall not exceed the height of the screen wall. 4. There shall be no enlargement which would Intrude into any required yard. 5. There shall be no enlargement which would result in a new noncon- formity with the requirements of this Chapter. 6. Off-street parking shall be provided in conformance with the requirements of this Chapter. 7. Landscaping shall be Improved to bring the site on which the strut ture Is located Into closer compliance with the landscaping require- ments of this Chapter, as deemed appropriate by the Executive Director of Planning and Building Agency, or their designee. 8. Architectural massing, features and detailing, shall be modified to bring the structure Into closer compliance with the architectural standards of this Chapter, as deemed appropriate by the Executive Director of Planning and Building Agency, or their designee. (4) Rehabilitation, enlargement or exterior structural alterations of buildings occupied by a single family and two-family dwellings is permitted subject (a) Parking Design Incentive: Allows for tandem parking not to exceed 30 per- cent of the required parking per residential unit. Sh Private Open Space Incentive: For purposes of meeting the private open space requirement the private open space Incentive allows for encroach ment Into required front or side setbacks for porches that project from the main building facade up to 50 percent of the required setback, provided that the remaining setback area Is not less than 5 feet. (c) Density Bonus Incentive: The state density bonus law, (California Government Code sections 65915 through 6S938, as It may be amended from time to time) allows developers who guarantee that a portion of their residential development will be available to low Income, very low -Income or senior households to construct additional units beyond that permitted by the general plan land use element. This Specific Development does not place a limit on the number of units allowed provided that the project com- plies with the specified limitations on height, setbacks, floor area, open space, massing and other zoning regulations. a. For purposes of this section, the maximum density allowed shall be based on the highest number of the density range shown on table BT-0, b. All requests for density bonus shall follow the procedures and regulations established by Article %VI.I. TRANSIT ZONING CODE 1:4 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11A-10 TRANSIT ZONING CODE :Applicability of Code, contd Sec. 41.2004. The Industrial Overlay (I-OZ) Zone (a) The Industrial Overlay Zone (I.OZ) Is applied to areas zoned M1 or M2 and occupied with an Industrial use at the time of the adoption of this Article. The zoning for the Individual parcels shall be determined by Sectional District Map number 7-5-9 as It appeared on May 1, 2010. (b) The I-OZ allows the MI and M2 regulations to apply to said parcel until such time as the property owner applies to modify the zoning district. The Regulating Plan identifies the boundaries of the applicable zoning district (Le. Transit Village, Urban Center, Corridor, Urban Neighborhood I or Urban Neighborhood 2) within theTranalt Zoning Code. (c) A property owner may apply to develop the parcel consistent with the appli- cable zoning district within theTfansitZoning Code.The applicant shall receive all the necessary site approvals including, the approval ofthe overlay zone site plan pursuant to Article III, Division 28 prior to development. (d)The uses In the I-OZ shall be subject to the regulations ofthe Ml and M2 zones (SAMC 41, Article III, Divisions 18 and 19), as applicable. Sec. 41-2005, Application for Discretionary Approvals (a) Site Plan Review shall mean specific development plan and shall comply with Sections 41-593.4 through 593.6. Sections 41-593.4 through 593.6 shall only apply to structures over four (4) stories In height. (b)Conditional use permits, variances and minor exceptions. Conditional use permits, variances and minor exceptions shall be subject to ArticleV, except for the permit thresholds for minor exceptions shall be as Identified in Table 18. 1:5 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, Callfornia 11A-11 TABLE LI: PERMITTING PRDCESS: PLANNING nEmrvNE5 AmU A.LL OMew Pxxcl$S OVER THEL(OUNTER RENEW 'FUSES WTA0.. APPLKAr1UN N COMPLIANCE WRHAPMKARTI.N.'so .vexcht AUT101171 PLANNINe PFAMIr PNOCE55 DEVELOPMENT PON REVIEW WON GAAOMINISIMTOP LMmaRqY I I PtANNW6L<OMMISSION I I AIF COMM15MR1.aY I I PIANNING COMMIi510N CC City Council PC Planning fommisslon WIC Historic Resources Commission ZA Zoning Administrator Planning: Executive Director f PEA or their designee [11 Review Authority The Review Authority Iden- tified In Table -18 has the Il. Vadance, authority to grant approval Requests that exceed the Lin. of, ar make P recommenda- Its Identified in Table IN, but Lion to the next higher Review that are within the Intent of Authority on the permit types this code, are to be processed as described. by Planning with a mcommen- nation for review and actlon 121 Development Approval by the Planning CamITISS on, Applications that are conzls. subject to the required find - tent with the applicable stan- Ings in the SAMC, dards of this code, and as fur- ther permitted by Table ZA, 14l Code Amendment Prato beapprovedadministra. 0.peAme of a Code Lively Amendment, subject to the required Endings In the [3] Modification of Standards SAMC, shall be considered by I, Minor Exception. the City Council upon recom- Upon determination by mandation by the Planning Planning that the request, as fommisslon. authorized by Table l E, and is consistent with the required (5)Filing Fees. findings In the SAMC, the submitted pursu- Identified standards may antplications to this code shell be filed be modified by the Zoning per the Planning Division's p g Administrator. Prat processing fees In effect at the time of fees In effect application. Pavl wAuh rry tilt+ L! NRC Agar late For'I'.UCusesln Table2A typelnter- Minor Exceptians(31 (all permit thresholds are the maximum minor exception permitted) (1)Lot Width/Depth (2)Setbacks 15% (3)BWking Haight lc% (4i Building Sant/Massing ORL A)OdvewayA.M 15% (6)Open Spell Area 1596 (7)Slon Height RMdth IOW (a) Wallsand Fences IS% Conditional Use Permit foY'CUP'uses In Table 2A,asautho- rized by the Planning Commission Conditional Use Permit forCUP' uses In Table 2A, except as above Sire Plan Approval _noted far'SPR'uses in Table 2A Tentative Tract Map >4 Parcels Variance request is in excess of limits estab- lishedfor minor exception Modigc to Historic Structures Placement on Historic Register TRANSIT ZONING CODE 1:6 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11A-12 T R A N S I T Z O N I N G C O D E : Regulating Plan and Zones Established Division 2. Sec. 41-2006. Zones Established (a) Purpose. This section establishes the zones applied to property within the plan area by the Regulating Plan. The Regulating Plan divides the plan area into separate zones that are based on a transact of intensity within the plan area Bud ranges from the most urban types of development and land use to the least urban types, with most zones providing far a significant mixture of land uses within them. This approach differs from conventional zoning maps that typically cavort cities into zones that rigidly segregate residentla( commercial, industrial, and Institu- tional uses into separate areas, and thereby require resldents to drive for nearly all daily activities. The use of zones based on development intensity (instead of land use :oats) as the spatial basis for regulating development directly reflects the functions of, and interrelationships between, each part of the plan area. The zones also effectively Implement the 01y's urban design objectives for each part of the plan area, to establish and maintain ahradlve distinctions between each zone. This Is why some parcels are zoned with more than one nine. In such cases, the zoning is divided along a clear boundary such as the middle of a bock The zones of this Regulating Plan allocate architectural types, frontage types, and land uses within the plan area, as well as providing detailed standards for building placement, height and profile. The diagram to the right identifies the 9 zones applied within the plan area as they relate to existing rigMs-of-way and parcels (b) Zones established. The following zonesare applicable to this specific plan, and applied to property within the boundary as shown on the Regulating Plan. (1) Transit Village (TV) Zone. The Transit village zone is Intended to provide standards for compact transit - supportive mixed-use/residential development This zone is characterized by a wide range of building intensity, Including mixed -use tower -on -podium build- ings, flex blocks, linen, stacked flats, and courtyard housing. The zone accom- modates retail restaurant entertainment and other pedestrian -oriented uses at street level, with offices and flats above in the mixed-Dse building types at high Intensifies and densitles The landscape palette is urban, with shading and accent street trees in parkway strips along Santa Ana Boulevard, and in sidewalk tree wells where on -street parking is provided. Parking is acco riZ dated on -street, in structures with finer buildings and underground. Figure 2.1 iRegulatingPlanwith Existing R.O.W. e L_r_nw_J L 11 �11AL-L MiN =m ■ (2) GovernmencCenter Zone. I �� ■ This area accommodates a woe vatlery of chic uses, including Federal, State, and Imalgovernmentofficesand services, libraries, museums, communitycem tern,aMotherdvic assemblyprogrammed by ythlties� Buildingtypes overnmnt agencies for their � ■ public purpose, are programmed by the various governments agendes for their k specific Sims, and therefore are not coded by the Transit Zoning code(SD4MA — I and SD 84B). The landscape style is urban, emphasizing shading street trees In sidewalk hem wells, and in landscaped public plazas. (3) Downtown (DT) Zone. This zone Is applied to the historical shopping district of Santa Ana, a vitat pedestrlanodented area that Is defined by multi -story urban building types (flex blocks, the -work stacked dwellings, and courtyard housing in the Downtown edges) accommodating a mixture of retail, office, light service, and residential uses. The standards of this zone are intended to reinforce the form and character represented by pre -World War It buildings and recognized as a National Historic District through restoration, rehabilitation, and context - sensitive infill. The standards also facilitate the replacement ar improve- ment of post-war development that eliminated the pedestrian orientation of various downtown blocks (for example, parking structures with no features of pedestrian Interest along their entire lengths). The landscape style is urban, emphasizing shading and accent street trees in sidewalk tree wells. Parking is accommodated on -street and may also be in structures with liner buildings, underground, and within block centers in surface lots not visible from sheets. (4) Urban Center (LIQ Zone This zone is applied to the area surrounding the Downtown, which serves as a transitional area to the surrounding lower intensity neighborhoods and to other areas where mixed -use and multiisnit residential buildings create a pedestrian -oriented urban fabric The zone provides (or a variety of non-res- idential uses and a mix of housing types at medium intensities and densities. Besides accommodating community serving businesses this zone may also serve the daily convenience shopping and service needs of nearby residents. Building types include mixed -use Flex Blocks, stacked Bats, live -work row - houses, and courtyard housing. The landscape is urban, emphasizing shading sheet trees in sidewalk tree wells. Parking is accommodated on -street and may also be in structures with liner buildings and underground in areas adjacent to the DT zone, and in surface lots away from street frontages. 2:1 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 64 City of Santa Ana, California (5) Comldor (CDR) Zone. This zone Is applied to properties fronting existing commercial corridors and provides standards to Improve pedestdanorientation In a transit -supportive, mixed usearea. Mixetlrsse Rex blockand live -work building types are ator near the sidewalk and accommodate street level retail, service, and office uses, whir office and residential above. The landscape style is urban, emphasizing shad- Inggreat treat insidewalk treewells, Parking is accommodated on -street and In screened surface lots between buildings, or away from streets, with no more than hall the she frontage occupied by parking. (6) Urban Neighborhood 2 (UN-2) Zone. This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with Some opportunities for live -work, neighborhood - sewing retail, and cafes. Appropriate building types include single dwellings, duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and live. work In some areas, the more Intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with nelghbodng properties (see Regulating Plan). The landscape Is appropriate to a neighborhood, with shading street trees in parkway strips, and Shallow - depth landscaped front yards separating buildings from sidewalks. Parking is on -street, and in garages located away from street frontages (7) Urban Neighborhood 1 (UN-1) Zone. This zone Is applied to existing primarily residential areas and Is intended to strengthen and stabilize the low intensity nature of these neighborhood& 11A-13 Regulating Plan and Zones Established, cont'd Key Appropriate building types Include single dwellings, duplexes, tri- Transit Village (TV) . Specific development Boundary plexes, and quadplexes, and live -work The landscape is appropri- ate toaneighborhood, with shading street trees in parkway strips Government Center fGC) Itl Industrial Overlay Zone(1.OZ) and landscaped front yards separating buildings from sidewalks. Parking is onetreeq and in garages located away from street front- Downtown (Or) . FOZ-M1 ages. Urban Centtt (UQ ®" 1-02-h12 (8) Industlal Overlay"Z) Zone. Thel-0Z is applied to areas curtentlyzoned MI or MZ and occupied Corridor (CDR) with an industrial use, to allow the types of land use activity and development permitted by existing MI and M2 zoning to continue Urban Neighborhood 2 NN-21 ❑ until such time that the owner chooses to apply the new Zones �u,N"m""t°t'x°n where Hybdd caunrypeualbwN identified in Figure 2.1. In order to determine if the MI or M2 land useactivityand development apply Loa particular parcek fire l-0Z is Urban Neighborhood 10i further Identified as I-OZ-MI or WZ.M2. Until the property owner applies to modify the zoning district. property In the I-OZ shall be Open Space (0)pj ■ regulated by the provisions of the MI and M2 Zones (SAMC 41, Article lit Divisions 18 and 19), as applicable. (9) Open Space (0) Zone. This zone identifies areas reserved for community parks and other open spaces. Allowable structures in this zone are limited to those DI Idemified, butnot regulated by this Code, necessary to support the specific purposes of the particular open Refer to City re,u rements as Identified in space area (e.g., sport -court enclosures and multi -purpose build- SAMCChapter4l. ings in active parks, and trails within passive parks). TRANSIT ZONING CODE 22 SPECIFIC DEVELOPMENT 94 City of Santa Ana, California 11A-14 TRANSIT ZONING CODE Uses Permitted Sec. 41.2007. Uses Permitted. (a) Allowable Land Use Types. A parcel or build- ing within the Specific Development area shall be Occupied by only the land uses allowed by the table entitled Use Standards (hereinafter Use Standards Table) within the zone applied to the site by the Regulating Plan. (b) Garage sales are allowed In compliance with Section 41-193. (c) Temporary outdoor activities are allowed In compliance with Section 41-195.5. (d) Youth amusement dies are Permitted In compliance with Section 41-366 for Cl districts. (e) Drive -through facilities shall not be permit - led. Sec. 41-2008. Operational Standards. (a) All property shall be maintained in a safe, sanitary and attractive condition including, but not limited to, structures, landscaping, parking areas, walkways, and fresh enclosures. (b) All business activities shall be conducted and located within an enclosed building, except as allowed by Section 41-195 of the SAMC and except that the following business activl- ties may be conducted outside of an enclosed building: (1) Newsstands (2) Flower Stands (c) There shall be no manufacturing, processing, compounding, assembling or treatment of any material or product, other than that which is clearly incidental to a particular retail and ser- vice general enterprise, and where such goods are sold on the premises. (d) There shall be no work inside of a structure that generates noise that exceeds 60 dB CNEL measured at the axterlor wall of the unit. (e) Storage of goods and supplies shall be lim- Red to those sold at retail an the Premises at utilized in the course of business (f) Public utility structures, including electric distribution and transmission substations shall be screened by a solid wall at least eight (8) feet high, except as restricted by Sections 3645, 3646, and 3647. (g) Any activity permitted shall be conducted In such a manner as not to have a detrimental effect on permitted adjacent uses by reason of refuse matter, noise, light or vibration. (h) Small scale industry uses shall require a solid wall or fence not less than eight (8) feet in height along any rear or side lot line. (B All business activities, including, but not Bm- itedto, compounding, processing, packaging or assembly of articles of merchandise and treat- ment of products shall be conducted within a completely enclosed building. No ancillary vehicle maintenance or repair shall be allowed on site. U) Loading areas shall not be visible from streets. Loading areas not facing a street shall be setback at least thinyllve (35) feet from the property line. 2:3 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, Callfornia Table 2A - Use Standards Land Use Type Permit Required by Zone UC CDR UN-2 I UN-1 eerto Key to Zone Sym5oE to eon RloFgpage forzone description and use Rota ors RESIDENTIAL Uve-Work Use/Joint living -working quarters _L P(2) P(2) P(2) P(2) CUP CUP 1 Care Homes CUP CUP CUP CUP CUP CUP Single Dwellirsg -- P P [Mufti -Family Dwellings P(1) P(1) P(1) P(1).,_..P P CommurNly assembly Health/fitness; facility — Ubrary,museum Schools Studio Theater, cinema or performing arts -tommwoll mKR0rV11 tl "O"'m { Pill P(1) P(1) P CUP CUP P P P P CUP P P P P P CUP P(1) P(1) P(1) P CUP CUP P P P P CUP CUP P P P P — — CUP CUP CUP -- — RETAIL General retail, except with any of the following features P P P P P(2) — Floor area over2(kO8Dper tenant CUP CUP PEating establishments I P P P P P(2) — Autoormotorvehicleservice — — P P — — SERVICE GENERAL i Banquet fadhity/Wtering,,,b. to 41,199.1 W through (d) Child day care- more than 8 and up to 14 children Child day ore center Adult day care center -subject to 41.199.2 of the SAMC Hotel, Sad. transient residential hotel and long term stay Mortuaries, funeral homes j Personal services Personal services - restricted Tattoo/Body An Establishments - subject to 41.1993 of the SAMC 11A-15 CUP CUP CUP CUP(l) . - — P(3) P(3) P P LUC(2) LUC P (3) P(3) PP P—�CUP CUP P (31 P(3) V V P — — — CUP P -- -- P P P P P(2) P(2) — — CUP CUP CUP -- P P P P — — Uses Permitted, confd Table 2A - Use Standards Permit Required by Zone Land Use Type UC -CDR UN-2 UN4 SERVICES -BUSINESS -FINANCIAL -PROFESSIONAL Bank, financial services P Busislesssupportservke P Pwpo)-pp - PO) P(2) P Cllnk.urgenture — — — — Doctor, demist, cMropractacek, afRce Pill %/ I - Eatendedam ► P P P I CUP — Professional /administrative/service office Pill Pill Pill Seal I Kral F MnHCTRV Arthomforaft product manufacturing CUP CUP CUP — CUP — FurnitmearldRxturemanufacturing, Cabinet shop P(3) — Is (3)t___C__Ur Laboratory-medical-analytical — P(1) P(1)Manufacturing-ligNt P(3) — P(3)P P Pit)Printingandpublishing — Pill PResearchanddevelopment P(3) — P(3) — TRANSPORTATION, COMMUNICATION, INFRASTRUCTURE Kalstaps CUP CUP — — — — Parking facility -public orcornmeMal P P P P — — TumatstationorterMnal CUP — — CUP — — Public utility strucNrc, excluding wireless corrunla, tion facilities — — — — CUP — MISCELLANEOUS Arty structure over four N)starlesin height SPA SPR SPA Staff SPR — Buskwsses operating between 12 and lam CUP CUP CUP CUP CW CUP Akohok beverage sales or consumption CUP CUP CUP CUP Cut - Key to Zone Symbols TmnsttVlllage - Corridor Downtown UN-2 Urban Neighborhood 2 Urban Center UN-1 Urban Neighborhood 1 Key (1) Use permitted only on second or upperfloors, or behind retail or mr- vice ground floor use. (2) Permitted only as part of a vertical mixed use project, with upper floor residential (3) Permitted only as part of a mixed use project with a commercial or Widen- tialcomponent P use is permitted subject to compliance with all appli- cable provisions the Santa Ana Municipal Code WC use Is permitted subject to the approval of a Land Use Certlficate. CUP use Is permitted subject to the approval of a Conditional Use Permit SPR use is permitted subject to the approval of 5ite Plan Review. — use not permitted in particular zones. (k) No business activity that generates noise or Albritton shall be conducted between BOO Pm. and 7:00 a.m. Monday through Friday and 8:00 p.m. and lOdo a.m. Saturday and Sunday. (1) Operational standards for automobile servicing. (1) No automobile servicing shall be con- ducted before 7.00 a.m. or after BOO p.m. Monday through Friday and before 10:00 a.m. or after B:OO p.m. Saturday and Sunday. (2) All work shall be concluded Inside an enclosed structure. (3) Outdoor or overnight vehicle storage is not Permitted. TRANSIT ZONING CODE 2M SPECIFIC DEVELOPMENT 64 City of Santa Ana, California 11A-16 TRANSIT ZONING CODE :Urban Standards by Zones Division 3. Building and Parking Placement, Building Height and Profile, Encroachments, and Parking Summary A. Requirements 1. purpose. This Division identifies the standards and requirements for new build. ings, or buildings to be modified, for each zone within the Code area to ensure that proposed development is consistent with the Drys goals for building form, character, and quality within the Code area. The zones are organized by inten- sity from the most intense (TV) to the least intense (UN-U. Unless stated other- wise, all requirements are expressed as'minimums' and may be exceeded leg, 2 parking spaces required and 3 provided) in compliance with all applicable provisions of this code and Chapter 41. 2. Applicability. Each proposed Improvement and building shall be designed in compliance with the standards of this Division for the applicable zone, except for public and institutional buildings, which because of their unique disposition and application are not required to comply with these requirements and are reviewed by a special permit and procedures. 3. Requirements by zone. Each proposed building shall be designed according to the urban standards Identified per the zone In which the property is located. B. Summary of Zones At right, In Table 3A, are the six zgnes (see Note below) organized In descend. ing order according to their role and intensity within the Cade area and as they appear in this Chapter: -TransitVillage (TV) Downtown(DT) • Urban Center (UQ • Corridor (CDR) • Urban Neighborhood 2 (UN-2) • Urban Neighborhood 1 (UN-1) Note: the Government Center District and Open Space Zones are identified in this Code but regulated by the Santa Ana Municipal Code. Table 3A: ZONE SUMMARY OF STANDARDS Intent and Character of TVZone I Intent and Character of DT Zone BYlldln9 Types Max Stories tail Building Types Max Stories tail (see Chapter4.l for standards) gee Chaplel4.l fo nadards) Tower-onPodNm 25 - nexubck s flex akxk tsned Blwk 5 unedekM Slg $laded Dwellinnx 6 StahM Dwetll ma I auiking Setbarks I in feet I ,From yard 0.10I11 side street 0 10111 "'. We yard "' o L, Rear Yard._ 15_ 'i. Alley mar ,d I _ 3 Dur I Grand Aw-Min 15{ From crent slow Reyto Table3A . 1 �hadan ce,, nacre're t permated' le thezone. ' means notapplicable In the zone. laid Max Stories for all zones refer to the total number of stories permdtted per Zone. The massing for all buildings are sublect to size and massing standards, as deaudbed in Building Type Standards for each building type (Section 41-2020), as indicated In the example table below r e• AaRo of Each story In %q grmxM floor. srohr t : a 4 s .7 e a m sm m 3:1 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 64 otesconnnue onnextpage City of Santa Ana, California 11A-17 Building Setbacks. In feet nomyam o 'SiMAreet 0.ID Side yard 0 Rear yard 15 Alley rear yam 3_ J Urban Standards by Zone, cont'd Intent and Character of JC Zone Building Types I Max Str0rn al (see Chapter 4.1 for standards) Flex Blo k 5 Lined Black 5 Stacked Dwellings 5 uel Courryaw Nodding 5 Use-...........__.._....J1 i work 3 I fladrws �� Tuds4lMa 3 1 IU nle er Olp len( 4 -dnl^x Shopfoot Y peCOJrt Y Stoop FarNya d & Parch I Y 'Setbacks In feet . F,entyaN _0 Slaesbeat _ Oro 5wey�ard 0 Rearprd Is ABeyrearyard 3 Parking per DUrsq W or Sq Ft G0 GunYr RawenBal 3 0.15 LRo`waA E 0.15 N 01 t - M41euFire, Ae faP 9➢Lp01w m _L. �.. Intent and Character of CDR Zone Building Types I Max Storiesw (see Chapter, 4. l fors[andardsl FI Block 3 M D..e I. ,y.bed Coun R-' hauae T k U,der B 1 f url D I IT,,Ptex q cpler FmntageTypes Allowed (see Chapter4l for standards) I Gallery ISh p0pnt Y Forewurt Y _. &iilding Setbacks in feet Fmntyard s 15111 Side Steet n1o[11 dyd 0 Rear yard 15 Afley ar yard 3 Ill Gran Aye -Min Sfrom anent Now Puking Per DU °or Sq Ft W/Sq FI + Gunn Residential 2 025 Ln,y Work 2 T 025 N flesweMiel I� oPumEw IR00 Notes: The above table Is a summary of the requirements by zone. Refer to the following chapters ofthis code for the full requirements per building type. Thezones are arranged on a continuum of Intensity with the most Intense at left and the least Intense at right. Each zone is aimed at generating or maintaining a distinct character through the alloca- tion of appropriate building and frontage types and the placement of those types on parcels. Intent and Character of U N 2 Zone BullsfinaTiones I Max5trariy,171 l L d RI ch I 5t 4dOwoll I - CoudYard Hants 4 Dem4Yak 3 Rowhoure 3 —_ — TIxkUMer 3 aurpalaYceurt 2 Duplex/Triplex/ 3 Forecourt Y sro p Y Fronnard&P h Y Front yard 10[11 Side Street 10 51de prd 1 story 5 2 story 5 3 story B 4 story t2 Atarpw 15 I Mkyr-rYard 3 11 [I I G auad Aee: Min 25' hum current R.O.W. Parkinq per Durso Ft Gunn DU or Sq Ft Ruldentixl 2 oZS LlveImal, 2 025 NonA swetw I/300 1 M{Mufee IIIBIp1L[6I m 1 Intent and Character of UN Zone Frontya 0 20 $idesoect to Sideprd 5.[n _ — Rearya d 0 Mkyndoyard 3 (11 Ovens Pantry per WISq FI + DV or Sq Ft even Residential 2 025 lwo-Work 2 ! 025. Nors-Residentw ESod 1 )s0-t2W rf I _ 1200 t pnBo- b4ku m r »oVmlbl TRANSIT ZONING CODE 32 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11A-18 TRANSIT ZONING CODE Urban Standards -Zone Requirements (a) Permitted buiding types and mini- mum and maximum height. Table TV-1, entitled Building Types and Mimimum and Maximum Height identifies the approved building types and the minimum and maximum height that is permitted for each building type within the TV zone subject to compliance with all applicable standards. Table TV-1. Building Types and Minimum and Tasver-on-Podium 3 25 Hex Block 3 5 Uned Block Stacked Dwellings _ j 3 i 5 3 6 Hybn6Cacvt gas allowed�no[allowed. Courtyard Housing 3 5 Uve-Work 3 —3 Ra t o t 'd n all sder Housing Tuck -Under 3 !_ 3 9ung11 v Cour: of II ed I not rll w d Ui ,I ITilplex atail wedgy ,.t all> (d) Parking. (1) Driveway Standards. TableTV-4 identifies the ral,irmon and coo,hourn yedin fdrivewsjo permitted parking on driveways. 1 1. a. Table TV-S Identifies the minimum off-street parking spaces that shall be provided. All free - Cons shall be rounded up to the next whole number. Table TV-S-Off-Street Parking Standards Residential lb) 12/unit min 10.15/unit I guest t- Park:000 Program W saturyThe Parking rawlia- sl l u Ing senlor housing will b, parked at 1 space Per unit minimum. b. Vehicular access to the off-street parking isper- mined only from an alley or side street when present Vehicular access to the off-street park- ing may be taken from primary street only when an alley or side street is not present. 3:3 TRANSIT ZONING CODE so, CIFIC DEVELOPMENT 84 City of Santa Ana, California (b) Buildinq Setbacks. k,,a _ Ic It ii e ! I Ste enLrpaCllment5 II ie— Table TV-2 Identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table TV-2- Building Setback Standards. (ta)Hontyw O[al@I to' (1 b)1 Street Side Via) [b] t0- (1Q Sldeymd 0' li, Not applicable ! (to) I Rearyard_ 15 _ Notapplicable [a] In situations where the existing sidewalk is 10 feet or less In width at the discre0an ofthe City of Santa Ana, a setback greater than iden- tified in the above table may be required W effectively rtwB In a 10 feat wide sidewalk Nl Setback at Grant Ave Is 15' minimum -25' maximum measured from the rightofway as It edsu In IWI12009. 2d 19 l 2e ►iIt a 2c � I la i 21b r- Parking Permitted c. Parking setback standards. TableTV-6 identifies the minimum setback standards for the off-street parking. The setbacks shall apply to all stories of a building. Table TV- Parking Setback Standards. (la)Frontyard I Min.Mdengn I 0'mM. Dd Side yard Omin. O'min. (2d)BearyaN IO'min. 3'min. Qet Allev vard I 3'm1n. I X.M. 11A-19 (c) Frontage Requirements. T R.O.W.— Properly Lin Per Table Setback Line TV.1 Frontage heightand other re- quirements per Section 41-2033 Portable TV-3 if parcel has side street frontage The ground Boor fronting a street or other right- of-way (not including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thonsgh 41-2039 and the Table TV-3 enti- tled Permitted Frontage Types. Table TV-3- Permitted Frontage Types Arcade mia50 Gallery _ mm.50 Shopfront min.75 _ Forecourt _' _ s Max. 50, remainder of (e) Encroachments. .e Allowable &O.w�. A-Pmperty Un Encroachment Setback Une pertablebelow a 2 c — —2c —2c I2a,b .. 2b 2a,b CURB --I �—Min2'clearofcurb (1) Outdoor dining Such encroachments per approval of PBA (Nanning & Building Agency) and PWA Directors, separate permit and agreement Per SAMC. (2) Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indentified in Table TV-7, entitled Encroachments. Table TV-7 Encroachments Urban Standards -Zone Requirements, cont'd (a) Permitted building types and minimum and maximum height Table DT-1, entitled BuildingTypes and Mimimum and Maximum Height identifies the approved building types and the minimum and maximum height that B permitted for each building type within the DT zone subject to compliance with all applicable standards, Including Table DT-3 entitled Building Height Table DT-1. Building Types and Minimum and Maximum Height. (d) Parking. ((t)Drlveway Standards. Table DT-5 identifies the minimum and maximum width of driveways and Table DT-5 Driveway Standards a. Table DT-6 identifies the minimum off-street parking spaces that shall be provided. All frac- tions shall be rounded up to the next whole num- ber. Table DTL. Off -Street Parking Standards. 2/unitmin 10.15/unit) guest 2/unitmin minimum b. The parking requirements found In Table DT-6 shall apply only to new buildings, additional building area on existing buildings or con- version of existing building area to a new use. Conversion of building area of an historically designated building to a new use, where the building envelope Is not Increased in size shall have no parking requirement until such time as the City determines that 95 percent opacity on the five existing City controlled parking struc- tures in the downtown has been reached. (b) Bulb ing Setbacks. A Table DT-2 identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stodes of a building. Table DT-2. Building Setback Standards OuI%etwed Vtal a' om saeetsMe aGl to Ilq I Side Y+k a I Xowqukemmt I Itm Rearpk 15' ! Nerequirement (le) Mtrywk 9' 'rawwkemem! (at In situations where the existing skkwaa h 10 feet or less in width, A Me disnAion of the City of Santa Ana, a setback greater Nan Identified In the above table may be required to effectively result in a 10loot wide sidewalk ■ Paridng Fwarifted c Vehicular access to the off-street Parking is per- mitted only from an alley or side street when present. Vehicular access to the off-street park- ing may be taken from primary street only when an alley or side street is not present. d. Parking Setback Standards -Table OT-7, entitled Parking Setback Standards Identifies the mini- mum setbacknandardsfortheOff-street parking. Table DT-7. Parking Setback Standards W Front yard min 4mb lot O'min depth 12b)Street side 10'min amin Otl Sldeyard O'mkl amin (2d)Reeryad lamin 3•min fie) Alley yak Tmin 3'min (c) Building Height and Frontage Require- ments. (1) Building Height Table DT-3. Building Height Table VF3 entitled f h Building Height Idenufesthe 6 '`(dtWd[h maximum building <son height permitted 51 to tuft basetl upon the lot 125 m 175f width and as per- mittedbyindNidtgl - buildingType = (2)The ground Boor Table DT-4. hooting a street or other right -of - my {net including alleys) shall comply Arcade e i with the frontage Gekery requirements per ShOPhre t 7 Section 41-2039an Forecourt per the Table DN, entitled frontage Requirements. 4stories Min.50 Min.50 Min. 75 Max.50, remain, deraffmWage per permitted W: ^' Allowable no.w PrapeMure e4u,bo mem Mr SNWckllre Nbkaebw 2c 2c -�2a,b; 2b t r C11R8 �^ iw�Mln 2'ckwraieum (1) Outdoor dining - Such encroachments per approval of PEA and PWA Directors, separate permit and agreement. (2) Encroachments. Awnings, Signage, Balconies, Say windows and Frontage Types may encroach Into the required setback subject to the standards indentified inTable DT-S, entitled Encroachments Table DT-8 Encroachments ISEaseaeovwtlm l'oflxsxNMbrc TRANSIT ZONING CODE 14 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-20 TRANSIT ZONING CODE :Urban Standards -Zone Requirements (a) Permitted building types and minimum and maximum height Table VC-1, entitled Building Types and Mimimum and Maximum Height identifies the approved building types and the minimum and maximum height that is permitted foreach building type within the UC zone subject to compliance with all applicable standards. Table UC-1. Building Types and Minimum and Maximum Height. (d) Parking. (1) Driveway Standards. Table UC<Identifiesthe minimum and maximum width of driveways and Permitted parking on driveways. Table UC4. Driveway Standards 1 vaay B' 2-way 20' lid Parking not permitted rot d [al FYlM as madifled to meetflre and trash service (2) - re, par mgstan ar s a. Table UC-S Identifies the minimum off-street parking spaces that shall be provided. All frac- Bons shall be rounded up to the next whole number. Table UC.S. Dff-Street Parking Standards. xesldentialf* 12/unnmin I0.15/unkA 9ge6L I Non-xesklentxl l 1/300 so It l Conversion of building area of an historically designated building to a new usew�rs h Whims not increased'n! shall have no parkin reaulrement until such time as the City determines that 95 percent capaCN on the five existing ON controlled Dark no struc- tures in the downtown has been reached. Vehicular access to the off-street parking is per mitted only from an alley or side street when present Vehicular access to the off-street park (b) Building Setbacks. we emmadvnentss� I rj idy I I 1 �I V l Ic 4 � _ _.-.-+_._. '..,encroachmene I gg ` I § I 'te+I I ATM.. to �1 CC tiaetslae Table UC-Z entitled Building Setback Standards identifies the minimum setbacks required and, where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table DC-2. Building Setback Standards. (1a) Front Yad a[a) tl _) j (tb) Street Side a [a] ltl !�tU Siderad a No regnrc ! 0d1 I kearyard i IS- Noregmt [a] In situations where the existing sidewalk Is 10 feet or less In width, at the discretion of the Cry of Santa Ana a setback greater than iden- tifled in the above table may be required to effectively result in a 10 foot wide sidewalk. r------ 2d'-�1.- I I it I 2e w l I tea I BI g 6treet5ide Panting Permitted e.M Parking setback standards. Table UC4identi- fies the minimum setback standards for the off-street parking. Dri)homymd auri!? btd1th s'min 12b15beet side 6'min 6'm0 QU Sidi, yard 5'nrcn 5'min Rm Rear yam VW. s',aan —Noy Yard 3'run ]'min (c) Frontage Requirements. r aow —+ t-waPerty we la e-Sesbxkline Frontage aelgMand otherrequire memsvn SMion<S 2a ........... s if panel M1m We unethomage The ground Boor fronting a street or other right-of-way, (not Including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thomgh 41-2039 and the Table UC-3 entitled Permitted Frontage Types, Table UC-3. Permitted Frontage Types j Shopfmnt min 65 Forecourt max50,Iwwinderof ! frontageperallowed types !,Stoop max5D Frontyardf➢orch maxlap (e) Encroachments r� Nbwabk POW — ii,Nopttlyuna hnroachmmtpe, Se16aQ tine table below Yy 2c y X r T +� 2a,b• 21, CURB —at �MIn2'deaaW cwh (1) Outdoor dining - Such encroachments per approval of PEA and PWA Directors- separate permit and agreement. (2) Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards Indentifled In Table UC-7, entitled Encroachments. Table lA-7. Encroachments [tl Eaveallaa,xd to 3' W ProWry Nne. SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-21 Urban Standards - Zone Requirements, cont'd : Urban Standards -Zone Requirements (a) Permitted building types and maximum height Table CDR-1, entitled Building Types and Maximum Height identifies the approved build- ing types and the maximum height that Is per- mitted for each building type within the CDR zone subject to compliance with all applicable standards. Table CDR-1. Building Types and Maximum Height. (d) Parking. (1) Driveway Standards. Table CDR4 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table CDR-4. Driveway Standards T11—.... Min Mimi M 'dth. ��Eaa a Table CDR-5, entitled Off -Street Parking Standards identifies the minimum off-street park- ing spaces that shall be provided. All fractions in the parking calculations shall be rounded up to the next whole number. Table CDR-5.Off-Street Parking Standards. (a) Permanent Special Need Housing inciudiy senior howln%MR be looked at 1 space per unit min. is) Vehicular Access. Vehicular access to the off- street parking is permitted only from an alley or side street when present. Vehicular access to the off-street may be taken from primary street only when an alley or side street Is not present, (b) Building Setbacks. ee enaroarnmem-1 ln+ I I j lei la � tl I _Z irmenss sbeetso. Table CDR-2, entitled Building Setback Standards Identifies the minimum setbacks required and where noted, maximum setbacks permitted. The setbacks shall apply to all stories of a building. Table CDR-2.Building Setback Standards. tM (1a) rrontyard i V[a] lbl 15'@) Db) St..tside Y W W urk] 0c) Smeyard W Notapplicabk Hill Rearyard IV NotaPPRmble (Ie) Alley yad 3' Not applicable lal m os aXom where me edi ddesma b 10 lest or less in width, 9 the discretion of the City of Santa Are, a setbak greater than Wen Grid in the above table may be required to effectively resurt in a 10 Root wide sidewak [b) Setback at Grand Ave H 2W In -30' maz roes zoned from RQW as It his In Me. [c] SNbackat Grand Ave. Is IT min -2T mes sores from ROM as It exists In 2009. ® Parking Permitted (4) Parking Setback Standards. Table CDR-6, enti- tled Parking Setback Standards Identifies the minimum setback standards for the off -dread parking. Table CDR-6. Parking Setback Standards Oan Fremyard s'Ire501:dbtwieh DaDfmMyad 30Nof lottlepm br5msdbtwWm Q6lsbensde S'min nosaeyeu smin ONReayad s'min Uri AN"Vol 3'min (c) Frontage Requirements. 0.0.w �!-Property LlM j 8P-snleaklm. FRmpe • ___ Might I Table CDR-1 I Tabk--------- -- CDR-3 pa¢el has stle I vreer6ema9e The ground floor fronting a street or other right. of -way (not including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 thorugh 41-2039 and the Table CDR-3 entitled Permitted Frontage Type6 Table CDR-3- Permitted Frontage Types Gallery _ min 65 Forecourt max So; remainder ol(rontage per a Ibwed types Shapfront min 65 (e) Encroachments Raw. —alp-Njyerryune IovMle � t�-seamck we nemxhment Per bkbelaw 2yc 42C ;e- 21 1yb I �- ia,b I (1) Outdoor dining. Such encroachments per approval of PEA and PWA Directors, separate permit and agreement (2) Encroachments. Awnings, Sgnage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the stan- dards indentified In Table MR-7, entitled Encroachments. Table MR-7. Encroachments [sl Faa peammedro3'Mlxopny Ma. TRANSIT ZONING CODE 3� SPECIFIC DEVELOPMENT 34 City of Santa Ana, California 11 A-22 TRANSIT ZONING CODE Urban Standards - Zone Requirements (a) Permitted building types and maximum height. Table UN2-1, entitled Building Types and Maximum Height identifies the approved building types and the maximum height that Is permitted for each building type within the UN-2 zone subject to com- pliance with all applicable standards. Table UN2.1. Building Types and Maximum Height jai SN Ikgukting Plan for allmvaWe laatlm (d) Parking (11 Driveway Standards. Table UN24 identifies the minimum and maximum width of driveways and permitted parking on driveways. Table UN26. Driveway Standards 1-way 6' 12' o widthof Table 1.11,12-5, entitled OR -Street Parking Standards identifies the minimum off-street parking spaces that shall be provided. All fractions in the parking calculations shall be rounded up to the next whole number. Table UN2-5.Off-Street Parking Standards. Residentiall1 2/unmirt I0.25/unit Live -Work I 2/unkmin 0.15/unit Non -Residential I 1 /300sgft [a) Permanent special Need Housing InaluAkrg senior housing, will te Parked at 1 spam per unit min (3) Vehicular access to the off-street parking Is permit- ted only from an alley w side street when present. Vehicular access to the off-street may be taken from primary street only when an alley or side street is not present 3:7 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Ana, California (b) Building Setbacks. r-see encroachments ld— le.! ! c !! tia 41c y a ! inC MhId 7 - sueetSMe Table UN2.2, entitled Building Setback Standards Identifies the minimum setbacks required and, where wed, maximum setbades permitted. The setbacks shall apply to all stories of a building. Table 1042-2.Building Setback Standards. Isa) Frontyad w'ltl 25'min IGui Ave 20otrowl (No S.Lode Da side"ad to, [.I T-Instwy Notappkrabk r-3 Arm12'i scorns (Id) Rewyak is Not applkable (le) AReyyad T Not iWificabk lal In sauauons when the existing sidewalk 1s 10 feet or less In width, at the discretion of the City of Santa Ana. a setback greater than khm, tried in the above table may be «qulred to effectively result In a 10 font wide sidewalk Parking Permitted (4) Parking Setback Standards -Table 1.11426, entitled Parking Setback Standards identifies the minimum setback standards for the off- street parking. Table UN26. Parking Setback Standards GIN Front yad 504,bt 10'm1n depth pb)SUeetskfe awmin Won. Dd Sdeyad 5'min 5'min (2d)Rearyard 5'min 5'min (le)Alieyyad 8min 3'min 11 A-23 (c) Frontage Requirements Rnw. y�Nopeny Nrc ! :e-Seroxk Dne Frontage ___ andanp q o1P1n � Table: re IUNZ-1; Table UN23T _ 1 dWmd hasz de,. IRNhO taae The ground floor fronting a street or other dght-of-way (not including alleys) shall comply with the standards far the applicable frontage type, Sections 41-2033 thorugh 4/-2039 and the Table UN2-3 entitled Permitted Frontage Types Table UN2-3. Permitted Frontage Types I, Shopfront minas Forecourt ?mix WrNfrcint.,o p , I alowed types St—P ( max so Frontyard/Porch max 1W (a) Encroachments anw. m✓_��___ AlowaMe—�iPioPwd Drc E.hmentper Setbark Lne vaMeberow I _ 2c y 2, 2b I SlEewalk _�� �_ 1. Outdoor dining - Such encroachments per approval of PBA and PWA Directors, separate permit and agreement 2. Encroachments. Awnings, Signage, Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the SOI dards Indumi ied In Table UN2-7, entitled Encroachments. n I bve allowed to 3' of property line TRANSIT ZONING CODE Urban Standards - Zone Requirements, cont'd (a) Permitted building types and maximum height Table 1,11,114, entitled Building Types and Maximum Height identifies the approved build- ing types and the maximum height that is per- mitted for each building type within the UN1 zone subject to compliance with all applicable standards. Table UN1-1. Building Types and Maximum Height (d) Parking (1) Driveway Standards. Table UNli identifies the minimum and maximum width of driveways and pemlitted parking on driveways. Table UNt 4. Driveway Standards 6' 1Y orwimn of al' (2) Off-street parking standards Table UN1-S, entitled OR -Street Parking stan- dards identifies the minimum of strast park ing spaces that shall be provided. All fractions In the parking calculations shall be rounded up to the next whole number. Standards NenAaidenatk050 rqh 1/unitmin NonflnWentlak Jsl-120gxgk 3/unitmin NenA6keMMt l101.ISeptgft 3a05/500 - Ing will be parketl at t space per unit min. (a) Vehicular access to the offsbeet parking Is per. caused only from an alley or side street when present. Vehicular access m the off-street may be taken from primary street only when an alley or side street Is not present (b) Building Setbacks. Tab]eUN1-Z entitled Building Setback Standards Identifies the minimum setbacks required. The set- backs shall apply to all stories of a building. Table UNl-2. Building Setback Standards. (la) (lb) I ItJ I (1d) (1-1-7 I - zn+1 I I t21 ; I 2c Tl 21, it speet5lde EParking Permmed (4) Parking Setback Standards -Table UNI-6, enti- tled Parking Setback Standards identifies the minimum setback standards for the offstreet parking. Table UNI B. Parking Setback Standards (a)Front yard 20%lot depth (b)Sweet side IIF min (c)Sideyard O'min (d)Rearyard IT min (a)Alley yard train 11 A-24 (c) Frontage Requirements. Ow. flopMyLln —F ,r—SM+d Line 4-2a to -- - itParcerhasside meethonLagP Frae naiamandoma, regwremeerenu per sernon ax The ground floor fronting a street or other dght-of-way (not including alleys) shall comply with the standards for the applicable frontage type, Sections 41-2033 momgh 41-2039 and the Table UN 1-3 entitled permitted Frontage Types. Table UNIT-3- Permitted Frontage Types musairo stoop max50 Frcntydrdlporch 1 max 100 (e) Encroachments ow PmperbtMe -i �- re—sNbah Line I Alkmabk ErcroaNment 2a,b2a,c 1. Outdoor dining - Not permitted. 2. Encroachments Awnings Signege,Balconies, Bay windows and Frontage Types may encroach into the required setback subject to the standards indendfied In Table UN1-7, trained Encroachments Table UN1-7. Encroachments INI!I'� (gal Pprtl1 max5' see4t- 3039 12M BaywMday.bakom max2' memltl (2c) Sldeyard mart meave[f] Rearyard S' toeave[t] AEey maryam 3' to save D] Ol Ea�eabwetl b3'afprapnryMr� TRANS IT ZONING CODE 3A SPECIFIC DEVELOPMENT 84A a 840 City of Santa Ana, California TRANSIT ZONING CODE :4.0-Architectural Standards Division 4. Architectural Standards/Building Types. Sec. 41.2020. Building Types, General Provisions. (a) Each proposed building shall be designed in compliance with the standards of the applicable building type. (b) Subject to the requirements of the applicable zone, a proposed building shall be designed as one of the building types permitted by the applicable Zone by Table BT-1 entitled Permitted Building Types. 1ab4BT-1. Pnmttad BoaMItil ra WNlrpTyq Finalr ors m o.ry Ra,ae w IwoagK la W Ye,b BWldlnpTypn AtlaN�dbyZaaM A.Taweraniadium YES YES 15-So min -mu ma..ma "i'a .a. v L"Y Or UC - CDR - "UN-2'UN-1 - &nexMod, [YEf04%pm 6 Y Y Y - - C.tlrledBlock YES Ml5-b Ia8]pQ'Mn 115' Sm " Y Y Y - C.StictudCanall a YES YEs p-50 'min : 11r-Sao Y Y Y - ENybrWCoud YES YFE 45-50 1 1W4ar s YM - Ecourt"WHuudng YES M W-xo IW4W I35'-E01Y 5 ! V Y Y Y - GSMgWpk No YEf IxaS IaaaaD' )s•-m' a 1 Y Y r r Y Y N. 110.1hoM I YES 7-18 Iar40tl n'-ISO S - I - V - LTucWElaaer 6. WE YES 12-12 7Y"n WM 5 Y Y Y - Y - 2.ayngaimcayrt YE$ YES 10-15 IN.In :IW-IW 2 Y Y icoupiec Tslpsaw YES Quadpiv YES 10-15 IOOmM • W-125' S - - Y YIN LHoutt I No YES 5-2 1'. WiO 2 4:1 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California t\ r OM. HOUSE LDUPUEX,TRIPUE K. BUNGALOW a OUADPLEX COURT 1�tALK-UP ACCESS Flex Block ® Rowhouse Y=Permitted -=Not Permitted [11 The degree of mixed use depends on the particular zone in which the building is located. RIM dwelling units per acm(du/ac). Each type is sub- ject to the maximum stories allowed in each zone and the particular building size and massing require- ments. (31 Measured along the front property line of the lot [41 This building type can be used on lots that have resulted from a legal subdivision provided there is a minimum frontage of 40 feet. [51 Allowed an specific locations only y FZi Line Block permitted to a maximum of I0-storiez'n O (.TUCK -UNDER I. ROWHOUSE H.LIVE\ HOUSING WORK � o � 0 4 �❑ Cl i 44 n_ 11 A-25 F ❑ ❑ l 4.0 - Architectural Standards, cont'd 0 Unad Black Bungdow Court Below: This diagram Identifies the range of building types used in the Code. The individual types are arranged on a continuum of 'intensity with the least intense at left and the most intense at right. Each type is allowed as identifietlon table BT-t and its requirements are described on the following pages. Stacked Dwellings 0 Tuck -under Housing 0 Duplex/ ripledOUddpN% Key for Ifiuoaiw Nan Diagram Diract-Across(Walkup access) ® Point-Access(Non-walk-up access) ® Point-Acceas(Tower) See Sectao BA fordefinintons O House A F.000RTYARD E. HYBRID COURT D. STACKED C. LINED B.FLUBLOCK HOUSING DWELLING BIACK WALK-UP ACCESS L _J ( A'KLIaNll'' 0 A.TOWER-ON-PODIUM TRANSIT ZONING CODE 42 SPECIFIC DEVELOPMENT BI City of Santa Ana, California C 11 A-26 TRANSIT ZONING CODE :Architectural Standards (c) All building types are subject to the following: (1) Lot width and Depth: a. The width and depth shall be determined as described below: All buildings shall be designed to an Individual lot as required In Table BT-t.The lot Is for design purposes and may be made permanent through the regular process for parcel or tract maps. Lot width and depth shall be determined as described below. I. Front (Lot Width): Primary (Principal) Frontage 2-Side (Lot Depth) 3- Rear (Lot Width) r r y b. On corner lots fronting two streets, either street frontage may be used to comply with the lot width/frontage required per building type. C. Lots that have resulted from a legal subdivision but are less than 40 feet in width may be developed with standards that apply to lots 40 feet In width. (2) Access Standards: a. Where an alley is present, parking and services shall be accessed through the alley, b. Where an alley is not present parking and services shall be accessed from the street through or alongside the building as permitted In the zone and this division. C For corner lots without alley access, parking and services shall be accessed from the side street through or alongside the building. (5)Parking Standards: a. Entrances to garages, subterranean structured garages or driveways shall be located as close as possible to the side or rear of each lot. IN. Surface parking lots shall not encroach into any required yards, (4) Service Standards: a. Services, Including all utility access, above ground equipment, and trash enclosures shall be located on alleys b. Where alleys do not exist servicesIncluding utility access, above ground equipment, and trash enclosures shall be located In compliance with the building location standards for the zone and this division, a No trash enclosure shall be located inrequired landscape areas, within direct view of streets or in traffic or pedestrian aisles, d. Services and their appurtenances shall be screened from and shall not be located in required setback or landscaped areas. e. Each residential unit shall have access to on -site laundry facilities. f. Each development shall provide a trash area, g. Multiple family, commercial and industrial developments with common parking areas shall provide trash enclosures per 41,623, h. Residential development providing Individual trash containers shall provide an area that measures minimum of 3.5'x 7$ outside of required setbacks and yards, to store and place out for pick up. 1, Individual trash bins located In a garage shall not encroach into the required parking area (S) Open Space Standards: a. Balconies am permitted in any setback yard as provided In the encroach- ment requirements of the applicable zone. b, private patios may be provided at the side and rear yards. c. The area of any patio covers, gazebos and other roofed shade structures with at least 2 sides fully opened to the outside may be counted towards the required open space. d, Corridors, walkways, Passes, driveways, parking courts, lobbies and other such spaces shall not be Included in the required open space cal- culations. (6) Landscape Standards: a. All setbacks, yards and shared common open spaces shall be land- scaped. b. A landscape buffer of not less than 5 feet shall be provided to separate any parking lot from an adjacent property. e. Surface parking lots shall be landscape per the City's Commercial area landscape standards. (7) Frontage Standards: a. Frontage shall comply with the applicable standards set forth in Sections 41-2093 through 2039. I$) Building Size and Massing Standards: a. Buildings shall be constructed with a varied massing approach, Each building type contains an allowed massing by story table identifying the maximum ratio for each building story. Table BT-A ldentifles the Infor- mation contain within each of these allowed massing by story tables. r Allowed Massie by5tory _ STOAYa Ground flwt 1 3 9 s 6 ) a Percentage 100 Percentage number refers to the ofground percentage of the ground flocrby Boor footprint of the puiltl- story Ino area that Is permitted for this particular story b. The maximum permitted ground floor footprint shall be determined as described In Figure BT-8 c. Storyhelghts 1. A story means a habitable level within a building from finishedfloor to finished telling, Specific requirements for a story in various con- figurations are Identlfled In Table BT-2 Permitted Height by Story Type: Type location MintraVasBu MrIlmum R) All building types, excluding house, duplex, Upper Floods) 9 14 triplex, and quadplex All building types, _ excluding house, duplex, Ground Floor 10 16 h(plex,andquadplex House, duplex, triplex, upper Floor a 14 and quadplex Houseduplextriplex, _ Ground Floor 9 12 and quadplex Garage Upper Flaar(s) a 14 Ground Floor Equal to adjacent Garage (podium) ground Floor of building, 16 or 8 feet lfdotached 2. A basements shall not be considered a story for the purposes of determining building height where the finished surface of the floor above the basement Is less than six feet above grade plane 3. Attics shall not be considered a story for the purposes of determining building height. 4. Above ground garages occupying a level shall be considered a story for the purposes of determining building height. d. Dwelling Unit Types There are three basic dwelling unit types. 1. The flat Is a single story unit. 2. The loft is a double -story heingt unit that may have a mezzanine. $. A townhouse is a two or mare story unit. These dwelling units types may be used In any combination through- out a building, as permitted by the various buildings types. (9) Accessory Dwellings: a. Second dwelling units shall comply with the requirements established in Section 41494 of the Santa Ana Municipal Code. (10) Accessory Structures: a. The area occupied by accessory structures shall be included in the floor area ratio calculation. b. An accessory structure shall not encroach into any required open space or setback, except that a detached garage may be located 3 feet from the rear and Interior side property line. 4:3 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Ana, Califbrala 11 A-27 e4h �3t 'ao? "i ,cyA' 2 fAsw its �xr 5; f. t fi yr : b C L ^`' :?{tT .,-, mot;,., + F. v ,xx T•�^"_ rvu +u"at+sv. r5y �'�.a. "le �' �4,Tk � `sx`_wuX` _'a, Street Pei Fq 2.0 iv Street Street Step l: Existing Site ............... Step 2: Apply Lots •••••••••••••••••) Step 3: Apply Building Setbackr....... 1a. If existing site meets subsection i or 2a. Per allowed building types identified 3a. Per the standards in Division 3, apply if below, apply Table 6A. Subdivision In Table Bi select building typefs); the required setbacks to the lot(s). Guidelines to generate a blodls): 1. Site is not In compliance with Fig- 2b. Apply lot standards for each selected 3b. The result is the allowed building me 2.1 or as adjusted by Street building type and Identify lot(A to placement area on the lot(s). Network Concepts, section B,C. receive a building. II. Site exceeds the block dimensions perTable 6A, Subdivision Guidelines. 1 Is. Ifexisting she already complies with the subdivision guidelines and street .,......a.......�a..... ,-s sn.t...o Stripe. Apply open space requirements. See Figure BTRC U. Per the Open Space Standards of the applicable Building Type, subtract the required area to lot (e.g. 15%). Lot go receive a building) (-) minus setbacks required (-) minus open space area required (=) equals 100%Ground Floor Footprint 4b. Apply Ground Floor Footprint to the allowed massing scenario to Identify the maximum square footage permitted for the building. Illustrative Example: Plan Diagram Two adjacent courtyard housing buadings / lots I lustrative Example: Axonometrk Diagram Two atljacenteurry rd housing Wa ings/ ... Step S. Apply Individual design 5a. Design the building(s), per the individual requirements of the selected building types) in Division 4. The example above (plan and axonometric diagrams) shows two courtyard housing loft being designed for one courtyard housing building each. Figure BT{ Open W,V ex,u nint.pen"o, rust be subna¢ea fmm the Int e¢a xhnaer¢ nm the open ew¢ u at 9i ¢ an a podium ® WronBfoaiPun XiNekand Opmtpaee o G rag. nonal vd F. ,iviSM pbnne ei1Mra ra�adppn,impaubaerreteengarapewMtthe dackuMngaspen Nrequbedownsw¢ Aninuaiae coupe: Subraonean sense WWI dickulprinpranurgassia.arruii,enaliasian pusball¢ Wenple PodiumgaogewXhdeQ a garage r.ruing u wn a reaulrtd awn Street TRANSIT ZONING CODE e4 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-28 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Axonometdc Diagram Illustrative Phobic Tower on Podium Illutrative Photo: Tower with shop front Left Illustrative Photo:Tower-on podium Sec. 41-2021.Tmer-on Podium Building Type (a) Tmweron-Podium Is a multi -level building organized around a central core with the first two to five Boron expressed as a podium building. (b) Lot Width and (1) Entrance to the tower shall be through a street level lobby. (2) Entrance to each ground floor unit shall be directly from the street at West every 50 feet. The entrance to each podium floor unit shall be directly from the podium. (3) Access to all other units shall be through a lobby and elevator. (41 Access to each unit above the third level, not accessed through a podium, shall be through a central interior corridor of at least 6 feet in width with recessed doors Or seating alcmes/off. sets at least every 100 het. (5) Each level of the building shall have access to the garage via an elevator. (6) Entrance to the residential portion of the building shall be through a dedicated Street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (d) Parking Standards (U Required parking shall be in a completely concealed garage. If the garage Is partially or wholly on the ground, then It shall be lined by a commercial or residential units. (2) Dwellings shall have Indirect access to their parking stall(s). (a) Service Standards (1) Utility meters shall be screened from view from the street and shall Not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape cur setback areas or detract from the primary entrance to the development. (f) Open Space Standards (1) A quadrangle -shaped common open space (heremaher'quarl) of at least 20 percent of the lot shall be located on the ground level, on a podium or on a roof garden. The quad shall be open to the sky. (2) Minimum dimensions for the quad shall be 60 feet in each direction. Permitted frontage types and architectural projections are permitted on all sides of the quad provided that the overall minimum dimension of quad Is maintained. (3) Private open space shall be provided for each residential unit and shall be no less than 50 square fear with a minimum dimension of 6 feet In each direction. (4) Private open space may be substituted for additional Common open space or common inte- rior space, the size of which will be equivalent to the displaced private open space. The minl- mum dimension of this space shall be 20 feet in each direction. (g) Landscape Standards (1) A minimum of four (4), 36-Inch box canopy trees shall be planted per quad. (2) where side yards are present, one (1) 24-inch box tree per 30lineal feat to protect privacy of neighbors. The trees may be placed In groups In order to achieve a particular design. (3) Smaller quads in interior courtyards will require shade tolerant plant materials. (4) Six (6), five -gallon size shrubs, ten (10) one -gallon size herbaceous perennlals/shrobs and turf or acceptable dry, climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Arcades, galleries, shopfront and forecourt may not encroach Into the required minimum dimension of a quad. (B Building Size and Massing Standards (1) Buildings shall be composed of bases and towers. Bases shall be 2 to 5 stories with towers rep. resenting a proportionally smaller footprint as specified In Table BT-3, entitled Maximum Ratio for each Tower -on -Podium Story and composed as bundles of different heights to enrich the Skyline of the city. (2)Buildings may contain any of types of dwellings: flats, townhouses and lofts. (3) Units may be as repetitive or unique as deemed by individual designs. (4) Buildings may be composed of one dominant volume, flanked by secondary ones. (5) The Towerson-Podium shall comply with the height ratios established In Table 87--3: Table BT-3. Maximum Ratio for Each Tower -on -Podium Story Mavlmum Ratio of each Tower -on -Podium Story STORY Ground Floor 2-5 6 G(or middle 3/5 of the 2135(on top 1/5 of 35% %ofgrood! 1" 10096 Small) [11 For any percentage less than 100%, the percentage rehrs to the percentage of the ground floor footprint of the building area that is permitted for this particular story. (j) Accessory Dwellings. Accessory dwellings shall not be permitted. BU Accessory Structures. Accessory structures shall not be permitted. 4:5 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-29 Architectural Standards -Building Types, cont'd .1 TO CONfIGUPFTION EXAMPLES ❑ Point access podium(walk-upaccess permitted) LlTower (point -access) Ground Floor access — — — — required per frontage typestandards PERMITTED USES The vxlauF floors WTowerenPOElum are available fur the uses identified In the. diagram Mow subject to Me repuiremenn In table EA. Land Use Staodiaf&. KEY USE O OFFICE UPT COMMEKALI REWIL x R RESIDENTIAL Below: Examples of allowed Toweran-Podium site configurations Central Asymetrical Distributed ______________ --Nrax ZSP-'t Primary street 11 Mm 200' Primary street Min 20O' Max 25O' Primary street TRANSIT ZONING CODE IE SPECIFIC DEVELOPMENT aA City of Santa Ana, California 11 A-30 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Axonometric Diagram Illustrative Photo: Flex Block with shopfront frontage Sec 41-2022. Flex Block Building Type (a) Flex Block Is a building generally of a single massing element, designed for occupancy by recall, service, cr office uses on the ground Ram with upper floors also configured for those uses or for Id n S. (b) Lot width and Depth. feet.w of He The minimum and maximum lot width and the minimum let depth shall be as prescribed in TableBT-1 Mercerized Buildino Twesl W Access Stan ar s (0 The main entrance to each ground floor unit shall be directly from the street (2) Entrance to the residential portions shall be through a dedicated street-levd lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (3) Access to each unit above the second level, not accessed through a podium, shall be through an Interior corridor of at least 6 feet in width with recessed doors or seating alcovesrofhets at at least 100 feet (4) Each level of the building shall have access to the garage via an elevator. (it) Parking Standards (1) Required parking shall be accommodated In an underground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings shall have Indirect access to their parking stall(,). (a) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mall boxes shall not be located In any required open space, landscape or setback areas or detract from the primary entrance to the development. If 0 e c m o o en sp ce hall Ig e as u at 'o In front as a forecourt.This area shall be equal to 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium. Side yards may also be formed to provide outdoor patios connected to ground floor commercial uses to serve as tlo al n mimum courrya dimensions a be etw enthe bngaxis t ecourtyar Isori- ented EW and 30 feet fora INS orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 2/3 of the court's perimeter. Horizontal shifts in upper floors adjacent to a court may not exceed 1/2 the height of each upper floor. (3) In 40 foot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of40 feet is main- tairsed. Frontages and architectural projections are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet Is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet In each direction. (5) Private open space may be substituted for additional common open space or common inte- rior space the size of which will be equivalent to the displaced private open space. The mini- mum dimension of this space shall be 15 feet in each direction. (g) landscape Standards (1) Where rear yards are present, at least one (1) 364nch box Canopy tree per 30 lineal feet shall be planted directly in the ground. (2) Courtyards located over garages shall be designed to avoid the sensation of forced podium hadscape. (3) Sideyard trees shall be placed to Create a particular sense of place at a rate of one (1) 24-Inch box tree per 30 lineal feet. (4) Where a front yard is present at least one (1) 24inch box tree per 25lineal feet shall be plant- ed. The trees may be placed in groups in order to achieve a particular design. (5) One 364nch box specimen tree is required per courtyard that meets the minimum i imen- slons. For courtyards that exceed the minimum dimensions, two or more 24-Inch box smaller size trees may be substituted for the 364nch box tree. (6) Six (6) 5-gallon sized shrubs, ten 110) me -gallon size herbaceous perennials/shmbs and turf or acceptable dry climate ground covershall be planted for every required tree. (7) Where rear yards are present, at least one (1) 361nch box canopy tree per 30 lineal feet shall be planted directly in the ground. (N Frontage Standards (1) Entrance doors and social moms, such as living rooms and dining rooms located on the ground floor, are oriented fronting toward the courtyard(s) or street when fronting to one. (I) Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (2) Buildings may contain any of three types of dwellings: flats, townhouses and lofts. (3) Units may be As repetitive or unique as deemed by Individual designs. (4) Buildings are allowed to be composed of one dominant volume. (5)The Flex Blocks shall comply witht the height ratios established in Table BT4 entitled _Maximum Ratio for Each Flex Block Story. Ta y'd' aximum Ra to fE ch le s k j. .?R1 STORY Gm nd Floor %ifbvund flocir 100% 100% BaUVERW st. dells% ERW Forasry percenage less than lW%, the percentage refers to the percemage of Me ground Floor footprint of Me building area that is permitted for this particubrstor, (k) Accessory Structures. Accessory structures shall not be permitted. 47 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Ana, California 11 A-31 Architectural Standards -Building Types, cont'd REYTOCONFIGURATIONE%ANI . Point access podium (walk-up access allowed) Ground Floor access Required per --�- frontage type standards ®i Min. too if setback from all rights ofway for stories 6-10 Below:anamples of allowed ilex Block site Configurations STREET I I I 1 I i I e I Parking I ®j I I I I Ilustrative Plan Diagram -E amole A STREET I _ 1 I I I I� oq Curt I < I Court I I I 1 I = I alive Plan Diagram -Example C STREET PERMITTED USES The man floors of Flex Blocks areavaibble for them er identified in the diagram below subject to the requirements In Table 2A, Land Use Standards. KEY USE O OFFICE AFT aswrr-- C/RT COMMEROAL/RETAIL61e— R RESIDENTIAL r" ass as oin I 1 ( OA WP lar Illustrative Plan Diagram -Example B STREET ~I Mn 130' It I I i I g 1 � I 1 w Forecourt I¢1 � I 1 I I 1 I r I Illustrative Plan Diaoram -Example D TRANSIT ZONING CODE 4EI SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-32 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Axonometric Diagram: Lined Block Illustrative Photo: Lined block with shopfronts and street Photo:Lined block with shophont frontage 4.9 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 04 City of Santa Ana, California Sec. 41-2023. Lined Block Building Type (a) Lined block is a building that conceals a public garage or other faceless buildings, designed for occupancy by retail, service. or office uses on the ground flow, with upper floors also configured (b) Lot Width and Depth. . The minimum and maximum lot width and the on nifinum [at A nth shall be as prescribed in Tablell (Permitted Buildina7vised. (C Access Stan a s (1) The main entrance to each ground floor shall be directly from the street. (2) Entrance to residential portions of the building shall be through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (3) Access to each unit above the second level, not accessed through a podium, shall be through an Interior corridor of at least 6 feet in width with recessed doors or seating alcoves/offsets at least every 100 feet. (4) Each level of the building shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated in an underground or above -ground garage, tuck under parking, or a combination thereof (2) Dwellings shall have indirect access to their parking mall(s). (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape or setback areas or detect from the primary entrance to the development. ( ee of polo a sp cesh 11 e�xyamd I as o u an , i th front as a forecourt. This area shall be equal to 15 percent of the lot and shall be open to the sky. Courtyardsmrybelooted on the ground or on a podium. Side yards may be formed to pI I'll a 11111111 oo p do c1111111, 1 d, ty g51 d oo c t as I`ll . In mum courtyard Pie:, on she l be I feet when t e ong ans o the courtya is oI ented EW and 15 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 213 of the county penm- wer. Horizontal shifts in upper floors adjacent to a court shall not exceed 1/2 the height of each upper floor. (3) In 20 foot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 20 feet Is main- tained. Frontages and architectural projections arc permitted on one side of a 15 foot wide courtyard provided an overall minimum width of 15 feet Is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common Inte- rior space the size of which will be equivalent to the displaced private open space. The mini- mum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Where a front yard is present one (1) 24'box sire tree per 25 lineal feet shall be provided. The trees may be placed in groups in order to achieve a particular design. (2) Six (6) 5-gallon size Shoal ten (10) one -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (3) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscape. (4) Trees In the front yard shall be of small scale that do not exceed 12-1 S' height at maturity and sumble for buill-in concrete planters or containers with a 36-Inches minimum width. (5) One 36-Mch box specimen use is required per courtyard that meets the minimum dimen- sions. For courtyards that exceed the minimum dimensions, two or more 244nch bens smaller size trees may be substituted for the 36-inch box tree. (6) Where rear yards are present at least one ill36-Inch box canopy tree per 30lineal feet shall be planted directly in the ground. (7) When side yards are present at least one (1) 244nch box tree per 30 Meal feet shall be plant- ed to protect privacy of neighbors. The trees may be placed in groups in order to achieve a particular design. (h): Frontage Standards (1) Entrance doors are oriented fronting toward the courtyards) or the street when fronting to (I) Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access to Common or private open space. (2) Buildings may contain any of three types of dwellings: flats, townhouses and lofts. (3) Units may be as repetitive or unique as deemed by individual designs. (4) Buildings may be composed of one dominant volume. (5) A Lined Block shall comply with the height ratios established in Table BT-5, entitled Maximum Ratio for Each Lined Block Story. vw It) For any percentage less than 100%, the percentage refers to the Percentage oithe ground floor footprint of Me building area that Is permitted for this particular scary. Illustrative Table aT-5 ach tined 01uck Story Floor WMRatio % I as%D73ea5% 0) Accessory Dwellings. Accessory dwellings shall not be permitted. (it) Accessory Structures. Accessory structures shall not be permitted. 11 A-33 Architectural Standards - Building Types, cont'd KEYTOCONFWUnATION IXAMPIEs . Point access podlum(walk-up access allowed) Walkup access portion of building Ground Floor access ---- required per frontage typestandards PERMITTED USES The vawracroon M LMe l Blocks a x.vellxble for the uses M..6.d In the dla,nm hose Point to the repunemess inTeble M, Land Use standards. KEY USE O OFFICE CIRT COMMERCIM./RETAR. R RESIDENTIAL U"'..fie.az ---'— peeminedby x.xe and table I I we am an mrwncmawa ------- is. IR.Steative Section Configuration Diagram Below, Examples of allowed Lined Block site configurations STREET If Min 170Max perblock,trndeds It — I �I SurfaceParking,Park- I Once Garage, Retailer, I Cinema, etc I Min 30' y Illustrative Plan Diagram - Example A STREET I-MinLJo' Max perblockstandards +I ' ................................. A.. I Through a Liner f w Surface Parking, w Park -Once Garage, Retailer,Cinema, Min 30 E y Ilustratiere Plan Diagram - Example C STREET Min 170' Max pe,b IAccess Through Line I Surface Parking, Park- a Onre GaagisfEanka Cinema, etc Min 30 I I II.,mitive Plan Dlaoram- Example B STREET I- Men 170' Max per block standards ............................... t w I Anchor Detail with direct acres I I to street I I I Min 30' I r Ilusnative Plan Diagram - Example D F TRANSIT ZONING CODE 4:10 SPECIFIC DEVELOPMENT Aa City of Santa Ana, California 11 A-34 '.TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo. Slacked Dwellings Illustrative Photo: Stacked Dwellings with a stoop entry Illustrative Photo: Stacked Dwellings with stoops Sec. 41-2024. Stacked Dwellings Building Type. (a) A Stacked Dwelling is a structure of single4loor or multAraor dwellings of similar configuration either above or below that are stacked. (1) Enhance to Me residential portions of the building shall be through a street level lobby, court- yard access, or through a combination of streebpodlum lobby directly accessible from the street. (2) The main entrance to each ground floor unit shall be directly from the street Secondary access shall be through an elevator and corridor. (3) Access to each unit above the second level, not accessed through a podium, Is through an Inte- rior corridor of at least 6 feet in width with recessed doors or seating alcoves/offsets at least every 100 feel (4) Each level of the building shall have access to the garage via an elevator. (d) Parking Standards (1) Required parking shall be accommodated In an underground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings shall have Indirect access to their parking stall(s). (a) Service Standards (1) UtiNty meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (2) Mall boxes shall rat be looted In any required open space, landscape or setback areas or debact from the primary enhance to the development (f) e co ru n p n s a s all be rd e gr d s co r aI ria mon open space shall be equal to 15 percent of the lot and open to the sky. Counyards may 1 caedon hegr un oronapodlum Sr 1de yadsma #m ass co �n us, egardens. I I C /WHen't sdnehte and 30 feet for a NS orientation. Courtyard proportions shall not be less than 7:1 between the width of the courtyard and the height of the building for at least 2/3 of the court's perimeter. Horizontal shifts In upper floors adjacent to a court shall not exceed 1/2 the height of each upper floor. (3) In 40 foot wide courtyards, homages and archrectural projections are permitted on two opposing sides of the courtyard provided a minimum courtyard width of 40 feet Is maintained. Frontages and architectural projections are permitted on one skit of a 30 foot wide courtyard provided a minimum courtyard width of 30 feet is maintained. (4) Private open space shall be provided for each residential unit and shall be no less than 50 square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet In each direction. (g) Landscape Standards (1) Front yard over shall not exceed the height of the buildings at maturity, except at the margins of the lot where they may be used to frame and separate the building from its neighbors. The trees shall be planted at the rate of one (1) 24-Inch box Ime per 25 lineal feet affront yard. The trees may be placed In groups in order to achieve a particular design. (2) In the may yard, at least one (1) 36-Inch box canopy tree per 30 lineal feet shall be planted directly in the ground. (a) Courtyards located over garages shall be designed to avoid the sensation of forced podium hardscape. (4) One 36-Inch box specimen tree is required per courtyard that meets the minimum dimers- store. For courtyards that exceed the minimum dimensions, two or more 24-irrch box smaller size trees may be substituted for the 364nch box tree. (5) Six (6) 5-gallon size shrubs, ten (10) one -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required bee. (6) Side yard vines shall be placed to create a particular sense of place at a rate of one 24inch box tree per 30 lineal feet IN Frontage Standards (1) Living rooms, dining rooms and bedrooms are oriented fronting toward the courtyard(s) or street Service rooms are oriented backing to corridors. (b) Stoops up to 3 feet in height may be placed above subterranean parking, provided the area (B Building Size and Massing Standards (1) Buildings may contain any of 3 types of dwellings: flats, townhouses and lofts. (2) Units may be as repetitive or unique as deemed by individual designs. (3) Buildings may be composed of one dominant volume, Banked by secondary ones. (4) Each unit shall have at least one side exposed to the outdoors with direct access to common or private open space. (5) A Stacked Dwellings shall comply with the height ratios established in Table BT8 entitled Maximum Ratio for Each Stacked Dwellings Story. [1] For any percentage less than 100%, me percentage rates tothe percentageofthegroundfbor footprint of the building area that Is permined for this particular story. Table Bi4 Miximum Ratio of ach Stacked DwNkngs Story UI Accessory Dwellings. Accessory dwellings shall not bepermitted (k) Accessory Structures. Accessory structures shall not be permitted. 4:11 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-35 KEYTOCONFWURATION BAMPLES Non -walk-up polntaccess portion ofbuilding Ground Fluor access --- required perfmntage typestmdards Relow:Examples ofallowed Stacked Dwelling ske configuations PERMIII£OUSES Tdhaegvraam behowwsubject rsubleRtW the rewpeulliirengmsms in tlalabblek EkA,rlbaMe VUse lShoda Nd sIn. Me KEY USE _ qurcu,ebek ate M O OFFICE __ t C/RT COMMERCIAL/RETAIL _ a R RESIDEMIAL - wnuenaire ssecl i Illustrative Section Configuration Diagram I I I I I I I j n _ I I � d I I — I I I I I I I I 'it �Mi. 125' Max20G PRIMARY STREET ustran"an iagram-Example ALLEY WHERE DCCURS 1 -------------------- Win 12V Max 2U0 E PRIMARYSTREET ALLEYWHERE OCCURS PARKING j t-- -- +1 Min 12�Max 200 fit' PRIMARY STREET ustraUve Plan Diagram- Example TRANSIT ZONING CODE 4:12 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-36 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Hybrid Court access to the second level 4.13 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California Sec. 41-2025. Hybrid Court Building Type. (a) Hybrid Court is a building composed of two building types, the stacked dwelling and couryard housing, arranged around a courtyard(s). This building type combines a point -access portion ofthe stacked dwelling building type (access through a double loaded mNldor) with a walk-up portion of the courtyard housing building type (access directly from the street or courtyard). The building may be designed for occupancy by retail, service, or office uses on the ground Boor, with upper floors also configured for those uses or for residences Ib) Lot Width and Depth Se"The minimum and ma d (c) Actess5tandards (1) The main entrance to each ground Boor unk shall be directly from the street (2) Entrance to the residential portions of the stacked dwelling element shall be through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard. (3) Access to each unit above the second level In the stacked dwelling element not accessed from the podium Is through an interior, double -loaded conldor of at least 6 feet In width with recessed doors madding akoves/oflsets at least every loot feet Forotherunits, access shall be directly of a common courtyard or through Mira serving up to 3 dwell- Ings. (4) Elevator access shall be provided between the garage and each level of the stacked dwell- ings portion of the building. (d) Parking Standards (1) Required parking shall be accommodated in an underground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings shall have indirect access to their parking stall(s). (e) Service Standards (1) Utility meters shall be screened from vlewfrom the street and shall not be located within any required landscape or setback area. (2) Mail boxes shall not be located in any required open space, landscape or setback areas or cletact from the primary entrance to the development. If) Open Space Standards (4) The common open space shall be designed as a central courtyard or partial, multiple, separated or Interconnected courtyards. This area shall equal to 15 percent of the lot and shall be open to the sky. Courtyards may be located on the ground or on a podium. Side yards may be formed as common use gardens. (2) Minimum courtyard dimension is 40 feet when the long axis of the courtyard is oriented EW and 30 feet for a NS orientation. Courtyard proportions shall not be less than 1:1 between the width of the courtyard and the height of the building for at least 2/3 of the courtCs pelmet ar Horizontal shifts in upper floors adjacent to a court shall not exceed 112 the height of each upper floor. (3) In 40 hoot wide courtyards, frontages and architectural projections are permitted on two opposing sides of the courtyard provided that an overall minimum width of 40 fear is maintained. Frontages and arthitectural projections are permitted on one side of a 30 hoot wide courtyard provided an overall minimum width of 30 feet is maintained. (4) Private open space is required for each residential unit and shall be no less than So square feet with a minimum dimension of 6 feet in each direction. (5) Private open space may be substituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet in each direction. (g) landscape Standards (1) Where a front yard is present, one (1) 24-inch box tree per 25 lineal feet shall be planted. The trees may be placed in groups in order to achieve a particular design. (2) Courtyards located over garages shall be designed to avoid the sensation of forced podi- um hardscape. (3) Side yard trees shall be placed to Create a particular same of place at a rate alone (1) 24-Inch box tree per 30 lineal feet (4) One 36Anch box specimen time is required per courtyard that meets the minimum dimen- sions. For courtyards that exceed the minimum dimensions two or more 24-Inch box smaller size trees may be substituted for the 364nch box tree. (5) Six (6) 5-gallon size shmbs ran it o) one -gallon sin herbaceous perenniau/shrubs and hurt or acceptable dry climate ground cover shall be planted for every required we. (6) In the rear yard, at least one (1) 24-iach box canopy tree per every 25lineal feet planted directly in the ground. (7) Front yard trees shall be of small scale that shall not exceed 12-15' height at maturity and arc suitable for built -In concrete planters or containers with a 36' minimum width. (h) Frontage Standards (1) Entrance doors and social rooms, such as living rooms and dining rooms are oriented fronting toward the courtyard(s) or the street when fronting one. Service rooms am ori- ented to the degree possible backing to Condition in the Stacked Dwellings portion and to side yards, service yards and rear yards In the courtyard housing portion. (2) Stoops up to 3 feet In height may be placed above subterranean parking, provided the area adjacent is landscaped and the stoops are scaled to the street and building. (I) Building Size and Massing Standards (1) Each unit shall have at least one side exposed to the outdoors with direct access private or common open space. (2) Buildings may contain any of three types of dwellings: flats, townhouses and lofts. (3) Units may be as repetitive or unique as deemed by individual designs. 11 A-37 Architectural Standards -.Building Types, cont'd (4) The Stacked Dwellings portion of the building may be composed of one dominant volume flanked by secondary ones. The courtyard housing portion of the building shall follow the courtyard housing standards. (5) A Hybrid Court shall comply with the height ratios established in Table BT-] entitled Maximum Ratio for Each Hybrid Courts Story. Table BT-T Maximum Ratio of Each Hybrid Court Story STORY Ground fMw fa of ground floor by story igD9a 11M% 1 0% sg% 4M 111 For any percentage less than 10g%, the percentage refers to the percentage of the ground floor footprint of the building area that Is permitted for this particular story. fl) Accessory Dwellings. Accessory Dwellings shall not be permitted. 0 Accessory Structures. Accessory structures shall not be permitted. Detached garages shall be permitted KEY TO CONFIGURATION EXAMPLES iNon.walk-up(point) access portion of building ElW.11cc, access portion of building Ground Floor, access — — — — required per frontage type standards ® Minimum of l access point required from street directly to courtyard (total number of access points as determined by PEA). PERMITTED usES Theo us doors at Hybrid Cinn,Ae ava.Lblx for the ... x id.t,fied in the s . diagram btlow subixtYo the rariub meets in table 3A, Land Una Standards. I r m^m%=mzxl KEr___ usE I�}ew.er. O OFFICE CART COMMERCIAL I RETAIL i pro I oe R flf51DEN11AL I., nx hse-s Illustrative Section Cca figueatlon Below: Examples of allowed Hybrid Court sltewliRguratlonS , y Single Court Illustrative Plan Diagram - Example A Multiple Courts sTREET .1 mi. lcu Ma. s5o .......... -. ® N E6 Illustrative Plan Diagram- Example B STREET Minna `M�ax'3`irt`�j ® rl � b'p TRANSIT ZONING CODE 4.14 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-38 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustaftin Photo: Courtyard with aguan linking two court- Sec. 41-2026. Courtyard Housing Building Type (a) Courtyard Housing is a building type consisting of residences that may be arranged in four pos- sible configurations: townhouse, townhouses over flats, flats, and flats over flats. The structures are and (1)The main entry to each ground floor unit shall be directly off common courtyard or from the street (2) Access to second story units not accessed directly from a podium shall be through stairs, serving up to 3 units. (3) Elevator access, 0 any, shall be provided between the garage and courtyard/podium only. (d) Parking Standards (1) Required parking shall be accommodated in an underground or aboveground garage, surface parking, tuck under parking, or a combination thereof. (2) Dwellings may have direct of indirect access to their parking stall(s), or direct access to stalls enclosed within the garage. (e) Service Standards (1) Utility meters shall be screened from view from the street and shall not be located within any required landscape or setback area. (f) Open Space Standards (1) The common open space shall be designed as a central courtyard or partial, multiple, separated or Interconnected courtyards. The common opne space shall be at least 15 percent of the lot and must be open to the sky. (2) Courtyard proportions shall not be less than 1:1 between the width of the courtyard and height of the building for at least 2/3 of the count's perimeter. Horizontal shifts in upper floors adjacent to a court shall not exceed 1/2 the height of each upper floor. In a project with multiple court- yards, at least two of the courtyards shall conform to the patterns above. (3) In 40 foot wide courtyards, frontages and architectural projections are permitted on two oppos- ing sides of the courtyard provided that an overall minimum width of 4a feet is maintained. Frontages and architectural projections are permitted on one side of a 30 foot wide courtyard provided an overall minimum width of 30 feet is maintained. (4) Courtyards shall be connected to each other and to the public way by zaguares or pamos. (5) Private open space Is required for each residential unit and shall be no less than 90 square feet with a minimum dimension of 6 feet in each direction. (6) Private open space may be substituted for additional common open space or common Interior space, the size of which shall he equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet In each direction. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots or the shopfrunt of ground floor flex space. Front yard trees shall not exceed 1.5 times the height of the porch at maturity, except at the margins of the lot, where they may be no more than 1S times the height of building at maturity. Trees shall be planted at the rate of one (1) 36-inch box tree per 251ineal feet of front yard. Trees may be placed In groups in order to achieve a particular design. Win the rear yard, at least one (1) 24-inch canopy tree per 25 lineal feet shall be planted directly in the ground. (3) One 364nch box specimen tree is required per courtyard that meets the minimum dimensions. For courtyards that exceed the minimum dimensions, two or more 24-Inch box smaller size trees may be substituted for the 364nch box tree. (4) In courtyards over garages, one (1) 244nch box size tree of small scale (12-15' height at maturity) or similar tall shrubs shall be used in planters with a 36" minimum dimension. (5) Side yard trees shall be placed at a rate of one (1) 244nch box me, Per 30 lineal feet for privacy of neighbors. (6) Six (6) 5-gallon size shrubs, ten (10) one -gallon size herbaceous perennials/shubs and turf or acceptable dry climate ground cover shall be planned for every required Over. IN Frontage Standards (1) Entrance doors and social rooms such as living roans and dining rooms are oriented toward the courtyard(s) and the fronting street Service rooms shall be oriented backing to side yards, ser- vice yards and rear yards to the degree possible. (2) Frontages and architectural projections or features such as towers, loggias and entry stairs shall rent rammxh Into the required minimum dimension of a courtyard. (3) Stoops up to 3 feet In height may be placed above subterranean parking, provided the area adja- cent Is landscaped and the stoops are staled to the street and building. III Building Size and Massing Standards (1) Buidings shall be composed of one, two and three story masses, each designed to house wale, and not necessarily representing a single dwelling. (2) 3etory buildings shall be composed of single story and stacked units. In this case, the visibility of elevators and of exterior corridors at the third story shall be minimized by incorporation into the mass of the building. (3) Buildings may contain any three types of dwellings: flats, townhouses, and lofts. (4) Units may to be as repetitive or unique as deemed by Individual designs. (5) 4 and 5-Story masses shall be minimized inside courtyards and apparent on street frontage, (6) The [Merit of these standards Is to provide for courtyard housing projects with varying building heights. Courtyard housing shall comply with the height ratios established in Table 8T-8, entitled Maximum Ratio for Each Courtyard Housing Sto, Table BF-8 Maximum Ratio or Eaah Courtyard Housing Story 5TORY Ground Floor 2 3 4 5 %cfground floor by story 10g% 10016 85%111 55% 40% D) For any Percentage less than t00%, the percentage refers to the percentage fthe ground floor footprint of the building area that is permMed for this particular story. (j) Accessory Dwellings: Accessory dwellings shall not be permitted 4:15 TRANSIT ZONING CODE (k) Accessory Structures shall not be permitted. Detached garages shall be permitted. SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-39 Architectural Standards -Building Types, cont'd KEY TOCONFIGURATION EXAMPLES Walkup access portion of Ground Floor --- access required per frontage type standards PERMITTED U5E5 The.a furors of<oug, are available for the uses identifies In tM diagram below subject to the rtqulrementx In table ]A: U" Use StaMd/d> KEV USE _ 0 OFFICE _ Din COKIMERCIAL I RETAIL R RESIDENTIAL >i vim. warnu.�. a,o Is wo....w�.. �ior «r Td -0- 1 Try 1' „T. Mn .GrrPi aM 40.'Jt. Illustrative Section Configuration Diagram: Surface Parking Illustrative Section Configuration Diagram: Subterranean Below: Examples of allowed courtyard housing siteconfgurations Single Court Multiple Courts STREET Min 130' Max 250' 1 I a 1 ry H I E F I Q [ n 6 � � 1 i 1 1 i a I i I Illustrative Plan Diagram - E zmple A STREET -� Min 130' Max 250' I I I I 1 I zi a Illustrative Plan Diagram - Example C Min 130' Max 250' G I i Y Illustrative Plan Diagram- Example E STREET Min 130' Max 250' 1 ¢ 1 I y f 6 I I 1 I Illustrative Plan Diagram -Example B STREET Min 130 Max 250' 1 1 o � f I< i Illustrative Plan Diagram -Example D Min 130' Max 250' DRIVE�� r a R M _ e p II DRIVE R I� i Required Nome to courtyard dire<ty from street (minimum 1 access point total number of access pomb as dea mload by PBA). TRANSIT ZONING CODE 4:16 SPECIFIC DEVELOPMENT is City of Santa Ana, California 11 A-40 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Live -work type with office and retail front - Sec. 41-2027. Live/Work Building Type. (a) LIVeAa/ork Is an Integrated residence and work space flouted on the ground floor), occupied and utilized by a single household in an array of at least 3 such structures, or a structure with at least 3 units arranged side by side along the primary frontage, that has been designed or structurally (b) Lot Width and Depth. feet. The mini mum and maximum lot width and the minimum lot depth shall be as prescribed in Tablegl`-1 (Permitted Building T SI. (1)The main entrance to the ground floor work space shall be accessed directly from and face the street. (2) The upstairs dwelling shall be accessed by a separate entrance, and by a stair or elevator. (3) For lots without alleys, garages and services shall be accessed by a driveway 8 to 10 Are in width with 24opt planters on each side when serving a private 2-car garage and 18 to 20 feet in width with 2-foot planters on each side when serving more than one private 2-car garage. (4) Accessibility should be accommodated between a pair of units and not in the front yard to the degree possible. (d) Parking Standards (1) At least one required parking space shall be In a garage, attached to or detached from the dwelling. (2) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (1) Services (including all utility access, aboveground equipment and trash containers) shall be located on an alley when present or in the rear of the lot for those lots without alley -access. g) Open Space Standards (1) For all buildings, except for those with a tuck -under garage, the private open space shall be In the rear yard of each unit. The private open space shall be no less than 15%of the area of the lot or portion of the lot allocated for the unit. The private open space shall be of a regular geometry and open to the sky. The minimum dimension of each rear yard shall be 15 feet. (2) For buildings with tuck -under garage, one primary common open space of a regular geom- etry shall be provided. This common open space shall be equal to 15 percent of the lot and shall be open to the sky. The minimum dimension for the common open space shall be 30 feet in each direction. Additionally, private open space shall be provided for each unit. The private open space shall be equal to 50 square feet per unit. Private open space may be sub- stituted for additional common open space or common Interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of the substb toted common open space shall be 15 feet in each direction. r ■ ■ ■ — — — . (9) landscape Standards I— ■ ■� -- '— ■� ■ (ll landscape shall not obscum front yards on adjacent lots or the shopfront of ground floor flex -- — ■ ■ — : space. Front yards trees shall not exceed 1.5 times the height of the porch at maturity, except ■ 111111,41 at the margins of the lot wherethey maybe no more than 1.5 times the height of building �^ . ■ — — . at maturity. Trees shall be planted at the rate of one (1) 36-Inch box tree per 2511neal feet of ® Bit — . front yard. Trees may be placed in groups in order to achieve a particular design. (21 In each unit's rear yard, at least one (1) 244nch canopy tree shall be provided for shade and privacy. �J (3) Side yards trees shall or placed a rate of one (1)244nch box tree per 301ineal feet to protect the privacy ofnelghborx . �� r7. •� -- (4)Six (6)55allon size shrobS, ten (10) one -gallon size herbaceous perennials/shrubs and turf or I acceptable dry climate ground cover shall be planted for every required tree. Illustrative Photo: Live -work type with shopfront frontage IN Frontage Standards (1) Each livetwork unit shall be designed so that social areas (e.g. Irving room, family room, din- ing room, etc), rather than sleeping and service rooms, are oriented toward the fronting street or to the courtyard. (i) Building Size and Massing Standards (1) Buildings shall be composed of 2 or 3-story volumes In compliance with the standards for the applicable mac. (2) Buildings on Conner lots shall be designed with two front facades. (3) The minimum unit frontage shall be 21 feet. (4) A live/work shall comply with the height rations established in Table ITT-9, entitled Maximum Ratio for Each Live/Work Story. Table BT-9 Maximum Ratio of each UwVwmk Story ` All Zones Except UN-1 Is UN-2 Zones Story Grountl Floor 2 3 %ofground floor by dory 100% Ioye loon UN -I aUN-2 Zones lOp% 90%(q 50% [0 For any percentage less than 1 W%, the percentage refers to the percentage of the ground flc ,r footprint ofthe building area that is permittetl for this particular story. (j) Accessory Dwellings. Accessory dwellings shall not be permitted. (k) Accessory Structures. Accessory structures shall be permitted. 4.17 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 94 City of Santa Ana, California 11 A-41 s re a� s I s KEY TO CONFIGURATION EXAMPLES Walk-up access portion of building Ground Floor access —^ mariredperfrantege typestandards Ekl�aw.Bxamples a�Y811dwed 4lva Warktypeshardntfgtdrattorrs' _ , a f —❑ a c � I Street Illustrative Plan Dlagram: Street access- Example p PERMITTED USES Thevarious floors of Live -Work buildings are availabiefor the uses identfied in the diagram belowsublect to the requirements in table dA; Land Use Standards KEY USE o 0IFFICE_ Gfl_f.OMMOMMEflCIAL/PETAL _ Vpper stories ds RRESIDEMIAL_ 1" permitted by2oneand u ET- i I t T p K $ Illustrative Section Configuration Diagram Illustrative Plan Diagram -Example A Alley Access� a f o v s. -:STAYS' MaxiB' Street Illustrative Pion Diagram -Example 8 Alley Access 0 Illustrative Plan Dlagram- Example C TRANSIT ZONING CODE 4:18 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-42 TRANSIT ZONING CODE :Architectural Standards -Building Types Illustrative Photo: Rowhouse building with stoop frontages �I Illustrative Photo: Rowhouse Building with direct sidewalk access 4:19 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 94 City of Santa Ana, California Sec. 41-2028. Rowhouse Building Type (a) Rowhouse is an indivdual structure on a parcel with a pdwte rear yard and Individual garage accessed from an alley, occupied by one primary residence In an array trial least 3 such structures ore structure of 3 multipletownhouse unittypes arranged side by side along the primary frontage. (b) Lot width and Depth. feet. The minimum and maximum lot width and Lhe minimum lot depth shall be as prescribed in TableBT-1 (Permitted Building Tvces) (p Access Standards (1)The main entrance to each unit shall be accessed directly from and face the street. (2) Garages and services shall be accessed from an alley. (3) Accessibility should be accommodated between a pair of units and not In the front yard to the degree possible. (d) Parking Standards (I) Required residential unit parking shall be in a garage, which may be attached to or detached from the dwelling. (2) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (1) Services, Including all utility access, aboveground equipment and trash containers shall be located on an alley when present or on the rear tithe lot for those without alley access. (f) Open Space Standards (1) Private open space shall be located in the rear yard of each unit The private open space shall be no less than 15%of the area of the lot or portion of the lot allocated for the unit The pri- vate open space shall be of a regular geometry and open to the sky. The minimum dimension for the private open space shall be 15 feet In each direction. (g) Landscape Standards (1) Landscape shall not obscure front yards on adjacent lots. Front yards trees shall not exceed 15 times the height of the porch at maturity, except at the margins of the lot where they may be no more than 1.5 times the height of building at maturity. The trees shall be planted at the rate of one (1) 3&Inch box tree per 25 lineal feet of front yard. The trees may be placed In groups in order to achieve a particular design. (2) At least one (1) 241nch Canopy tree shall be provided in each private open space for shade and privacy. (3) Side yards trees shall be placed a rate of one (1) 24inch box tree per 30lineal feet for privacy ofnelghbors. (4) Su (6) S-gallon size shrubs, ten (10) one -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each rowhouse ground level shall be designed so that social areas such as the living room, family room, dining room, rather than sleeping and service rooms, are oriented toward the fronting street or to the courtyard to the degree possible. III Building Size and Massing Standards (1) Buildings shall be Composed of 2 or 3-story volumes in compliance with the standards for the applicablezone. (2) Buildings on ..at lots shall be designed with two front facades. (3) Each rowhouse building shall have direct access to yards. (4) In a 3-story building, a townhouse dwelling may be stacked over a ground floor flat In this case, the flat shall be accessed by Its own front door at the frontage, and the townhouse dwelling shall be accessed by a separate front door and a stair. (5) The minimum unit frontage shall be 21 feet. (6) A rowhouse shall comply with the height ratios established In Table BT-10, entitled Maximum Ratio for Each Rowhouse Story. Table BT-10 Maximum Ratio ofeach Rowhouse Story All Zones Except UN-1 & UN-2Zones Story Ground Floor 2 3 100% 1o0% 100% %obyundstory UN-1&UN-2 Zones floor by 1006 Bo%111 So% It) For any percentage less than lW(i, the Percentage refers to the Percentage of the ground floor footprint of the buiMing area that is permitted for this particular story. 0) Accessory Dwellings: Accessory dwellings are not permitted, except in compliance with SAMC section 41-194, Second Dwelling Units. (it) Accessory Structures: Accessory structures are permitted. 11 A-43 Architectural Standards - Building Types, cont'd Walkup access portion of building Ground Flooraccess -- required per frontage type standards Top Pow: Fxainplas of allowed Rowhouse site conBguostiom Bottom flow: Examples of accomodating Accessibility per Standard (c)(3). —EE y� 100 In 200 Sc<9h • xz3c'accMz - • •' slandaNs x I w r 7 a i F • � y I ....i F STREET T Illustrative Plan Diagram - Example A: Rowhouses in 2 buildings a — ee zc'aaess iurd, l PERMITTED USES The various floors of Rowhouses are avallable for the uses identified In the diagram below subject to the requbemeMS latable 2A, Land Use Standards. HEY _ USE 0 OFFICE VRT COMMERCIAL! RETAIL R RESIDENTIAL Upperucnia, as —permitted by mne , nd table OLIO 1 I nw I Illustrative Section Configuration Diagram STREET ee eb u 6.: x 34'a<cezz I ztandaNs' I - r' - "T ' a 4 a 3 a 2 � I i � 1 , L Illustrative Plan Diagram -Example 8:6 Rowhouses in building TRANSIT ZONING CODE 420 SPECIFIC DEVELOPMENT as City of Santa Ana, California 11 A-44 TRANSIT ZONING CODE : Architectural Standards -Building Types Illustrative Photo: Tuck -under with stoop frontage Illustrative Photo: Alley providing service and garage access Illustrative Photo: Architecture of two Individual tvckander build. ings combined at the alley access that separates the two buildings Sec. 41-2029. Tuck -Under Housing Building Type. (a) Tuck -under housign is an individual structure on a parcel with no private our yard and where its garage is tucked under the rear of the house and accessed by an alley. The structure Is occupied by one primary residence arranged with at least 4 such structures or at least 4 multiple townhouse units types arranged side by side alon the rim, Roma e. (b) Lot Width and Depth. . The minimum and maximum lot k Acceas Stan (1) The main entrance to each unit adjacent to a street shall be directly from and face the street. The main entrance to all other units shall be from a courtyard. (2) Garages and services shall be accessed from an alley. (3) A back entry from the alley, and beside each garage shall be required for each unit. These entries art to be set back into the lot at a minimum distance of 5 feet so as not to be flush with the alley -facing garage doors. (4) Buildings at a street corner may span across the alley provided emergency access is Them- talned and all required clearances are maintained. (5) Accessibility should be accommodated between a pair of units and not in the front yard to the degree possible. (d) Parking Standards (1) Required residential unit parking shall be in a garage that is attached to the dwelling. (2) All garages shall be accessed from a parking court separate but adjacent to the alley right-of- way. (31 The garage for the dwellings at the end of the structure shall not be accessed directly from the alley. They should be access from parking court. (4) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (a) Services, Including all utility access, aboveground equipment and trash containers shall be located on an alley when present or on the rear of the lot for those without alley access. (f) Open Space Standards (1) One primary common open space of regular geometry is required. This area shall be equal to 15 percent of the lot and shall be open to the sky. The common open space may be located can the ground or on a podium. The minimum dimension for this area shall be 30 feet in each director. (2) Private open space shall be provided for each residential unit The private open space shall be rho less than 90 square feet with a minimum dimension of 6 feet in each direction and shall be open to the sky. (3) Private patios are permitted in front yams, subject to encroachments permitted per zone, in building interiors, and on upper floors (4) Single loaded courtyards adjacent to alleys or Interior lot Imes shall be at least 20 feet in width. The length of such courtyard shall equal to the length of the building frontage. (5) Up to 50 percent of the private open space may be substituted for additional common open space or common interior space, the size of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet in each direction. (g) Landscape Standards (1) Landscape shall not obscure front yard on adjacent lots Trees shall be planted at the rate of one (1) 36-Inch box tree per 25lineal feet of front yard. The trees can be placed in groups in order to achieve a particular design. (2) Where rear yard setbacks are present at least one (1) 24-inch canopy tree per unit shall be provided for shade and privacy. (3) Side yard trees shall be placed at a rate of one (1) 2+Im h box tree per 30lineal feet for privacy of neighbors. (4) Six (6) 5-gallon shrubs, ten (10) me -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required Use. (h) Frontage Standards (1) Each dwellings ground level shall be designed so that social areas such as the living room, family room, dining room rather than sleeping and service rooms, are oriented toward the fronting street to the degree possible. (0 Building Size and Massing Standards (1) Buildings shall be composed of 2 or 3-story volumes in Compliance with the standards for the applicable zone. (2) Buildings on corner lots shall be designed with two front facades. (3) Each building shall maintain setbacks from property lines and in compliance with the stan- dards for the applicable zone, providing as much direct access to yards as possible. (4)The minimum unit frontage shall be 21 feet. (5) A tuck -under shall comply with the height ratios established in Table BT-11, entitled Maximum Table 6T-1t Maximo m Ratio of each TucleurMet Story Story Ground Floor 2 3 %dSoar by rtory 9round 100ak 01 For any pecentage less than Iona, the percentage refers to the percentage of the ground floor footprint ofthe building area that Is persi for this particular story. (j) Accessory Dwellings Accessory dwellings shall not be permitted. (k) Accessory Structures Accessory structures shall not be permitted. 421 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-45 Architectural Standards -Building Types, cont'd KEY TO CONFIGURATION EXAMPLES ImWalktip access Portion of building Ground l'Inmaccess ---- required per frontage type standards (Section Below. Examples of allowed tudaudder type site configurations PERMITTEDUSES The various floors of Tuck -Under housing are avoidable or the uses klentified in the diagram below subject to the requirements In Table 2A, Land Use Slandad, Upper stories KEY USE f as permittedb .- t zone and tab( O OFFICE ° an I I C/RT COMMERCIALIRIfAIL axmrm R RESIDENTIAL Illustrative Section Configuration Diagram J2J3']4' Alley 2.- __�ti r. Min 94'Max 250 1 it 1~ Primary Street Illustrative Plan Diagram.5 units in building. ,.. All,Ir + BT 7 1' T Z 3 4 5. 6 g +� Kim, 94 Max2-- SO --if Primary Street Illustrative Plan Diagram: Wth drive lane iilumative Plan Diagram:6 units in building with paseo. Alley -V- 1 1 I 1 I P, i�.. Mac 250' �~ —}— Primary Street Illustrative Plan Diagram: 10 units in 2 building, TRANSIT ZONING CODE 41 2 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-46 TRANSIT ZONING CODE : Architectural Standards - Building Types 4:23 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT $4 City of Santa Are, California Sec 41-2030. Bungalow Court Building Type (a) Bungalow court is a configuration of single units arranged around a common, shared courtyard that Is wholly open to the street. The individual buildings are arranged next to each other to form theb n al ulkdin F Lot Width and Depth. The minimum and maximum lot (c) Access Standards (1) Entrance to units shall be directly from the front yard or from the courtyard. (2) Where an alley Is not present, parking and services shall be accessed by a driveway 8 to 10 feet wide, with 2-foot planters on each side when serving a private 2-car garage, and 18 to 20 feat in width with 2-foot planters on each side when serving more than one private 2-car garage. (3) On a corner lot without access to an alley, parking and services shall be accessed from the side street (d) Parking Standards (1) Required residential unit parking shall be within individual garages, which shall contain up to four cars. (2) Garages Dan corner lots without alleys shall front onto the side street and shall have 1-car garage doors and driveways no more than B feet wide that are separated by planters at least 2 feet wide. (31 Garages shall not fromthe primary street (4) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (1) Services, Including all utility access, aboveground equipment and hash Containers shall be located on an alley when present (2) Where an allay is not present, utility access, above ground equipment and trash containers shall be located in a side or rear yard, at least 10 feet behind the front of the house, and be screened from view from the street with a hedge or solid fence. (f) Open Space Standards (1) The common open space shall be designated as a central courtyard. This area shall be at kart 15 percent of the lot of a regular geometry and shall be open to the sky. (2) Minimum courtyard dimensions are 40 feet when the long axis of the courtyard Is oriented East/West and 30 feet when the courtyard Is oriented North/Scuth. (3) In 4o ton wide courtyards, frontages and architectural projections are permitted on two opposing sides of the Courtyard provided that an overall minimum width of 40 feet Is main- tained. frontages and architectural projections arc permitted on one side of a 30 foot wide Courtyard provided an overall minimum width of 30 feet is maintained. (4) Each dwelling shall have a private open space of at least 150 square feet, which maybe locat- ed in a side yard, rear yard, or adjacent but separate from the courtyard. (5) The private open space shall be at least 10 feet in each direction and enclosed by a fence, wall ce hedge. (6) Up to 50 percent of private open space may be substituted for additional common open space or common intedor space, the siu of which will be equivalent to the displaced private open space. The minimum dimension of this space shall be 15 feet in each direction. (7) Each unit shall be separated from the adjacent dwelling by at least 10 feet. (8) Porches and stoops may encroach Into the required yard setbacks as permitted by the urban standards for the zone. (9) Private patios arc permitted in any yard. (g) Landscape Standards (1) landscape shall not obscure front yards on adjacent lots. Front yards Nees shall not exceed 1.5 VMS the height of the porch at maturity, except at the margins of the lot where they maybe no morethan 1.5 times the height of building at maturity. The Nees shall be planted at the rate done (1) 36-inch box time per 25lineal feet of front yard. The trees maybe placed In groups In order to achieve a particular design. (2) At least one (1) 24 mch canopy tree shall be provided in each unit rear yard for shade and pri- vacy. (3) Side yards trees shall be placed a rate of one (1) 24-inch box tree per 30 lineal feet to protect the privacy of neighbors. (4) Six (6) 5-gallon size shrubs, ten (10) me -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required time. (5) One 36-inch box specimen tree Is required per courtyard that meets the minimum dimensions. Above and to the left: Illustrative Photos: Individual houses fronting a court with the entry porch and/or stoop encroach- ing Into the common space. 11 A-47 Architectural Standards -Building Types, cont'd (h) Frontage Standards Fc(Ilkfiactyrt'deNhg's!g[eeddlfe.IFlidnYlbedlesiglsatllsotHset(1p6eteoeasDlsbkhstlhe fisMl¢rotl¢e.dweN room, and dining may beaohgtteadnvrthai36rglahmao4ee.rooms, are oriented toward the fronting street Or to the courtyard. (B Building Size and Massing Standards (1) Buildings shall be composed of one or two story volumes and messed as houses. (2) Building elevations abutting sideyards shall be designed to provide at east one horizontal plane break of at least three (3) feet and one vertical break of at east two (2) feet. (3) Dwellings within the buildings may be flats or townhouses. (4) Buildings on corner lob shall be designed with two front facades. (5) A Bungalow Court shall comply with the height ratios established in Table BT-12, entitled Maximum Ratio for Each Bungalow Court Story. Tabe BT-12 Maalmum Ratio oleash aurlgalowcourtstay Ground Floor 2 %of grod^d Ruwrbystory 100% 60%D) 11 Par any percentage asst ant %,t epercentege ersro epercenWge ofthe ground Noa footprint of the building area that is permitted fa this parficularstory. (I) Accessory Dwellings: Accesssory dwellings shall not be permitted. (k)Accessory Structures: Accessory structures shall be permitted. Below. Examples of allowed bungalowcourt type site configurations i ^4n m l�J 1 1 � 1 1 1 1 I 1 1 I 41j4 1 1 1 1 100'to 1a0' if Primary Street IllustratPie Plan Diagram: Street Access Alley 0 FP -1 Illustrative Plan Diagram: Alley Access space. PERMfTTED USES Thevarioue floors.! Bungalow Courts are available for the uses identified in the diagram below subject to the requirements in Table 2A, Land Use Standard,. Upper stories as permitted KEY USE r— by zone and table RE-12 _. 11 D OFFICE _ ...SIDE fl _ RESIDENTIAL 1 I 1 ;i 1) 1 1 1 1 I, � 11 a�tm Primary SVeet Illustrative Plan Diagram: Non Alley Access Illustrative Sachon Configuration Diagram KEYTOCONFIGUPATION EXAMPLES Walk-up access portion of Ground Floor access -- me iced perfrontage type standards (Section TRANSIT ZONING CODE 414 SPECIFIC DEVELOPMENT 34 City of Santa Ana, California 11 A-48 TRANSIT ZONING CODE :Architectural Standards -Building Types Illustrative Photo: Duplex with Porch Frontage Illustrative Photo: Duplex with frontyard and Porch Frontage Illustrative Photo: Quadplex with stoop frontage Sec. 41-2031. Duplex, Triplex, and Quadplex Building Type (a) Duplex, triplex, and quadplex are multiple dwelling types that are architecturally presented as large single-family houses In their typical neighborhood setting. Such buildings may be used for residential, office, retail, or in combination as permitted by the applicable zone. *(ckAcces.sStm *as The minimum and maximum lot width and the minion -m 1� depth shall be as prescribed in Tableftl`4 (Permitted Buildina Tyms), (1)The main entrance to each ground floor unit shall be accessed directly from and face the street Access to second ROUT units shall be by a stair, which may be open or enclosed, but shall not face the street (2) Where an alley Is not present, parking and services shall be accessed by a driveway 8 to 10 feet wide with 2-foot planters on each side when serving a private 2-car garage and 18 to 20 feet In width with 2-100t planters on each side when serving more than one private 2-car garage. (3) On a comer lot without access to an alley, parking and services shall be accessed from the side street. (d) Parking Standards (1) Required residential parking shall be within Individual garages which shall contain up to four cars. (2) Garages on comer lots without alloys may front onto the side street only 9 Provided with 1-car garage doors and driveways up to 8 feet wide that are separated by planters at least 2 feet wide. WA streetfacing garage mayaccommodate no morethan 2 cars and shall have 1-cargaragedoors and driveways no more than 8 feet wide that are separated by planters at least 2 feet wide. (4) Additional required parking spaces may be enclosed, covered or open. (a) Service Standards (1) Where an alley is not present services Including, utility access, above ground equipment and bash containers shall be located at least 10 feet behind the front of the house, and be screened from view from the street with a hedge or solid fence. (1) Open Space Standards (1) One primary common open space of regular geometry is required. This area shall be equal to 15 Percent of the lot shall be open to the sky and may be looted on the ground or on a podium. The minimum dimension for the common open space shall be 15 feet in each direction. (2) Private open space is required for each ground floor residential unit. The private open space shall be rw less than 150 square feet with a minimum dimension of 10 feet in each direction, enclosed by a fence, wall or hedge and open to the sky. (3) Porches and stoops may encroach into a required yard, as specified in the urban Standards for the zone. (g) Landscape Standards (T) Landscape shall not obscure front yards on adjacent lots. Front yards trees shall not exceed 1.5 times the height of the Porch at maturity, except at the margins of the lot where they may be no more than 1.5 times the height of building at maturity. The trees shall be planted at Me rate of one (1) 3 Ira h box tree per 25lineal feet of front yard. The trees may be placed in groups in order to achieve a particular design. (2) In the rear yard, at least one (1) 24-Inch canopy tree shall be provided for shade and privacy. (3) Side yards trees shall be placed a rate of one (1) 244nch box tree Per 30 lineal feet to protect the privacy of neighbors (4) Six (6) S-gallon size shrobs, ten (10) me -gallon size herbaceous perennials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) Each dwelling's ground level abutting front yards shall be designed so that social areas such as the living room, family room, dining room rather than bedrooms and service rooms, are on- ented toward the fronting street to the degree possible. (2) On comer lots, entrences to triplex and quaciplex dwellings shall be located on both street frontages (1) Building Size and Massing Standards (1) Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least 3 feet and one vertical break of at least 2 feet (2) Buildings on comer lots shall be designed with two front facades (3) Buildings shall be massed as large houses, composed principally of 2-story Volumes, each designed to house scale. (4) Dwellings within buildings may be flats or townhouses. (5) Duplex, Triplex, and Quadplex shall comply with the height ratios established in Table ST-13 adpkx Story. Table BT-t3 Maximum Ratioofea4hDupk�TripiaxandQuadplGroundFloor 96ofgrourd Bear by story 1MN6 T5 [1] For any percentage less than lop%, the percentage refers to the Percentage of the ground floorfootprint of the building area that is permitted for this particular story. 0) Accessory Dwellings. Accessory dwellings shall not be permitted. 40 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-49 Architectural Standards - Building Types, cont'd KEY TO CONFIGURATION:XAMPLES Walk-up access portion oftauilding Ground Flow access ---- requiredperfrontage typestdndards Below: Examples of allowed duplexAriple dquadplex site configurations, PEFM11-IEO USES The various neors of duplezrtriple./quadplexes are available for the uses lden5fied in the diagram below subject to the requierments In Table 2A, Land Use Standards. p RESIDENTIAL Upper Aeries as allowed by zone and table BT-13 xen Illustrative Section Configuration Diagram of a triplex AIIeY A i3 1 I 1 it 2 It b I r f r �t t r ji, Max 125' Prima Street Illustrative Plan Diagram of a triplex: Alley access Upper stories as r allowed by zone m i Itable So 13 -- a xzr Illustrative Section Configuration Diagram of duplex Alley -+ Min 50' f� la' Max 125- Prima Sheet IllustnWe Plan Diagram of a duplex: Alley access Upperstories as permitted by r zone and table + BT-13 ur I ..;vc. Illustrative Section Confiquration Diagmm of quadplex Alley Jr i( E i 13 r � 1 i Min 50'i� ji Max BS' Illustrative Plan Diagram of a quadplex: Aney access Upper stories as ibwed by zone and table ITT 13 Illustrative Section Configuration Diagram of duplex P s 'e MD50'aryb—-_-y�Max125' PrimdNSteast Illustrative Plan Diagram ofa dupkse Street Access TRANSIT ZONING CODE 416 SPECIFIC DEVELOPMENT 94 City of Santa Ana, California 11 A-50 TRANSIT ZONING CODE :Architectural Standards -Building Types Illustrative Photo: Single dwelling with frontyard frontage Illustrative Photo: Single dwellings with frontyard frontage Sec 41.2032. House Building Type. (a) House is a Structure Occupied by one primary residence that aim accommodates commercial and office uses as permitted allowed. Such buildings may be used for residential, office, retail or in combination as permitted by the applicable zone. (1) The main entrance to the house shall be accessed directly from and face the street. (2) Where an alley is not present parking and services shall be accessed by of a driveway 8 to 10 feet wide, and with 2-foot planters on each side. (3) On a corner lot without access to an alley, parking and services shall be accessed from the side street. (d) Parking Standards (1) Required residential parking shall be within a garage. (2) Street facing garage may accommodate no more than 2 can side by side or 3 cars in a tandem configuration. (3) An alley -accessed garage may accommodate up to three cars side by side. (4) Additional parking may be provided in the driveway. (5) A street -facing garage shall have 1<ar garage doors ant driveways no more than 8 feet wide that are seperated by planters at least 2 feet wide. let Service Standards (1) where an alley Is not present, services including utility access, above ground equipment and trash containers shall be located at least 10 feet behind the from of the house and be screened from view from the street with a hedge or mild fence. (f) Open Space Standards (1) Private open some shall be located In the rear or side yard and shall be no less than 15 per- cent of the area of the lot, of a regular geometry and open to the sky. The minimum dimen- sion for this area shall be 15 feet In each direction. (2) At least one side yard shall be designed to provide an open area no less than 10 feet by 10 feet. (3) Pouches and stoops may encroach Into a required yard, as Specified by the zone requirement Section. (g) Landscape Standards (1) landscape shall not obscure front yards on adjacent lots. Front yards trees shall not exceed IS times the height of the porch at maturity, except at the margins of the lot where they may be no more than 1S times the height of building at maturity. Trees shall be planted at the rate of one (1) 361nch box tree per 25 lineal feet of from yard. Trees may be placed in groups In order m achieve a particular design. (2) In the rear yard at least one (1) 244nch Canopy tree shall be provided for shade and privacy. (3) Side yard trees shall be planted in required yards a rate of one (1) 24-mch box tree per 25Im- "I feet to protect the privacy of neighbors. (4) Six (6) 5'gallon shrubs, ten (10) one -gallon size herbaceous pemnnials/shrubs and turf or acceptable dry climate ground cover shall be planted for every required tree. (h) Frontage Standards (1) A houses ground level shall be designed so that social areas such as the living room, family room, dining room rather than sleeping and service rooms, are oriented toward the fronting street (1) Building Size and Massing Standards O) Building elevations abutting side yards shall be designed to provide at least one horizontal plane break of at least three feet, and one vertical break of at least two feet. (2) Houses on corner lots shall be designed with two front facades. (3) Buildings shall be composed of one and/ or two story volumes, each designed to house scale. (4) A house shall comply with the height ratios established In Table ST-14, entitled Maximum Ratio for Each House Story. Table BT-14 Maximum Ratio ofeach He use St` 44L" r11om Grountl Floor 2 %ofground by Seery 1W% Ismaili DI Per any perentage less man looe, the Percentage refers to the percentage of the ground floor footprint of the building area that is permitted for this particular story. 0) Accessory Dwellings Accessory dwellings are permitted subject to the requirements of Sec. 41-194 - second dwelling units. (it) Accessory Structures Accessary structures are permitted. 417 TRANSIT ZONING CODE SPECIFIC DEVELOPMENT 84 City of Santa Ana, California 11 A-51 11 A-52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE DESTRUCTION OF PUBLIC WORKS AGENCY OBSOLETE CITY RECORDS AS OUTLINED IN RESOLUTION 2013-014 (STRATEGIC PLAN NO. 5, 1) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY M AGER RECOMMENDED ACTION Approve the destruction of obsolete records from the Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents (Exhibit 1). The Citywide Records Retention Schedule (Schedule) has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 19C-1 Public Works Agency Records Destruction Per Retention Schedule Outlined in Resolution 2013-014 July 16, 2019 Page 2 FISCAL IMPACT There is ro fiscal impact associated with this item. Fuad S. SNeiss, PE, PLS Executive Pirector of Public Works Agency Norma Mitre Acting Clerk of the Council Exhibit: 1. Request for Destruction of Records — Public Works Agency 19C-2 MEMORANDUM Sonia R. Carvalho To: City Attorney Date: J Fuad Swelss From: Executive Director, PWA Subject: 11,2019 The Public Works Agency requests your consent to destroy city records on the attached listing, in accordance with retention schedule outlined in City Council Resolution 2013-014. Please review this report and return a signed and dated copy of the attached pages approving the destruction of these records. Note: 2nd signature request due to date change on signature page. Also changed description for Street Work, Utility, and transportation wide/load permits. Attachment Cc: Taig Higgins, Principal Civil Engineer 19C-3 2019 Destruction of PWA Project Files RECORD RECORD RECORD DESCRIPTION RECORD START DESTRUCTION CATEGORY SERIES DATE / PERIOD RETENTION PERIOD Development Development Public Works Completion of Engineering Projects requirements of approval Project or Folder for private development Expiration of 2013 & Prior projects and site plans. Development Includes copy of bond Agreement, release letter whichever is later I 5 years Development Certificate of Proof of Liability insurance Date Received / Engineering Insurance and endorsement Project completion 2008 & Prior + 10 years Development Street Work and Encroachment Permits Completion Date / Engineering Utility Permits 5 years 2013 & Prior Development Transportation/Wide Oversized Vehicles Completion Date / Engineering Load Permits 3 years 2015 & Prior Development MCT Miscellaneous Gash Date Issued / 3 Engineering Transaction -Contains years 2015 & Prior Specific Notes i Fuad Sweiss Date Executive Director Public Works Agency DESTRUCTION OF THESE RECORDS APPROVED BY: So '6 R. Carvalho Date City Attorney -fir- DESTRUCTION OF THESE RECORDS VERIFIED BY: Taig Higgins Date Principal Civil Engineer 19C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE APPROPRIATION ADJUSTMENTS AND AWARD A CONSTRUCTION CONTRACT TO C.S. LEGACY CONSTRUCTION, INC., IN THE AMOUNT OF $990,743 FOR THE CENTER STREET URBAN GREENING PROJECT, FOR A TOTAL DELIVERY COST OF $1,238,430 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I8t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For (PROJECT NO. 17-2674) {STRATEGIC PLAN NO. 6, 1G} CONTINUED TO rM FILE NUMBER —�— — CITY MAID ER RECOMMENDED ACTION Approve an appropriation adjustment recognizing $420,000 in Residential Development District 4 prior year fund balance and appropriating the same amount into the District 4 Acquisition & Development expenditure account. 2. Approve an appropriation adjustment recognizing $53,942 in Capital Outlay prior year fund balance and appropriating the same amount into the Park Improvements expenditure account. 3. Approve an appropriation adjustment recognizing $93,045 in Parks, Recreation and Community Services Agency Fee & Donation (Carnival Revenue) prior year fund balance and appropriating the same amount into the Parks, Recreation and Community Services Agency Fee & Donation expenditure account. 4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $990,743, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Center Street Urban Greening Project, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,238,430, which includes $990,743 for the construction contract; $148,612 for contract administration, inspection, and testing; and a $99,075 project contingency (approximately 10% of the construction contract amount), paid with State of California Natural Resources Agency grant, District 4 Acquisition & Development funds, Capital Outlay funds, and Parks, Recreation and Community Services Agency Fee & Donation funds. 20A-1 Award Contract to C.S. Legacy Construction, Inc. Center Street Urban Greening Project July 16, 2019 Page 2 DISCUSSION Several years ago, bollards were installed to close Center Street between McFadden and Monta Vista Avenues to address safety concerns from children running across the street mid -block to access park space on both sides of the street (Exhibit 1). Staff thereafter, with community support, agreed to transform the abandoned street into a permanent, aesthetically pleasing area connecting and expanding open space for park use. Staff developed the concept for the Center Street Urban Greening Project and successfully obtained a grant for about 40 percent of the total cost. The project would dramatically improve the area by converting approximately 33,000 square feet of asphalt roadway into a passive, landscaped open space. Project improvements include asphalt removal and infill with a permeable walkway, bio-swales, drought -tolerant landscaping, drip irrigation, lighting, and other site amenities (Exhibit 2). The initial project funding was $615,600 from the combination of Proposition 84 State Water Bond grant and Park Acquisition & Development funds, as approved in the Fiscal Year 2016-17 Capital Improvement Program. The project design was completed and advertised for construction bids. Before staff may recommend proceeding with construction, supplementary funding in the amount of $727,926 must be authorized to match the proposed construction expenditures. Due to the Proposition 84 grant funds which must be spent by December 31, 2019, staff is recommending award of the construction contract so that construction may begin in time to meet this deadline. Once completed, this project will improve the appearance of the Jerome Park area and, effectively, increase the usable park space. When the Citywide carryforward requests are considered by the City Council in August, funds would be sufficient to cover the project administrative and contingency costs. This is further discussed in the Fiscal Impacts. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register on April 18 and 25, 2019, and bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on May 20, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 291 vendors, including 15 located in the City of Santa Ana, were notified of the project via PlanetBids. 32 vendors requested bidding documents and 2 bids were received. No bids were received from Santa Ana contractors. 20A-2 Award Contract to C.S. Legacy Construction, Inc. Center Street Urban Greening Project July 16, 2019 Page 3 Bid Results Summary RANK BIDDER'S NAME 'LOCATION BASE BID 1 C.S. Legacy Construction, Inc. Ontario, CA $990,743 2 Aramexx Construction Claremont, CA $1,007,965 Both bids received were deemed responsive. C.S. Legacy Construction, Inc., submitted the lowest responsive bid in the amount of $990,743 (Exhibit 3). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to C.S. Legacy Construction, Inc., in the amount bid (Exhibit 4). Project Delivery In order to deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project must include construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As shown in the table below, the estimated total construction delivery cost of the project is $1,238,430. Construction Contract 1 $990,743 Construction Administration, Inspection and Testing $148,612 Contingencies $99,075 ESTIMATED CONSTRUCTION DELIVERY COST $1,238,430 These amounts will cover all staffing costs for delivery of this capital project and no additional funding will be used. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2013-94 was filed for the project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in 20A-3 Award Contract to C.S. Legacy Construction, Inc. Center Street Urban Greening Project July 16, 2019 Page 4 coordination with the Community Investment (e.g., neighborhood streets, traffic improvements, etc.)). FISCAL IMPACT The table below provides a summary of the initial and supplementary funds to complete the project, and the total funding to be made available matches the proposed expenditures. PROJECT FUNDS Initial Funds Available FY 16-17 Prop 84 State Water Bond $539,388 FY 16-17 Parks Acquisition & Development (District 4) $76,212 Expended for Design -$105,096 Balance Remaining $510,504 Council Request Appropriation Adjustments July 16, 2019 Parks Acquisition & Development (District 4) $420,000 July 16, 2019 Capital Outlay— Park Improvements $53,942 July 16, 2019 PRCSA Fees & Donations (Jerome Park Carnival Revenue) $93,045 Pending PRCSA General Fund Carry Forward $160,939 Sub -Total $727,926 Total Project Funds 1,238,430 If approved, the requested appropriation adjustments will authorize the following transactions 1) Recognize $420,000 from the prior year fund balance in the Residential Development District 4, Acquisition & Development revenue account (No. 31413002-50001) and appropriate the same amount into the District 4 Acquisition & Development expenditure account (No. 31413620-66220); 2) Recognize $53,942 from the prior year fund balance in the Capital Outlay Miscellaneous Revenue account (No. 05113002-50001) and appropriate the same amount into the Park Improvements expenditure account (No. 05113263-66220); 3) Recognize $93,045 from the prior year fund balance in the PRCSA Fees & Donation (Carnival Revenue) account (No. 02213002-50001) and appropriate the same amount into the PRCSA Fee & Donation expenditure account (No. 02213200-66220). The following table summarizes the accounting details for funds available and funds budgeted for the construction phase of this project: Accounting Unit - Fiscal Year Account No. Fund Description Accounting Unit - Account No. Amount (Project No.) Description FY 2019-20 16113262-66220 State Resources Agency Grant - (17-2674) PRCSA Capital Grants Improvements Other Than $456,278 Funded FY 16-17 Building 20A-4 Award Contract to C.S. Legacy Construction, Inc. Center Street Urban Greening Project July 16, 2019 Page 5 Fiscal Year Accounting Unit- Account No. Fund Description Accounting Unit - Account No. Amount (Project No.) Description FY 2019-20 31413260-66220 (17-2674) Residential A&D District 4 - Improvements $54,226 Funded FY 16-17 Development District 4 Other Than Building FY 2019-20 31413260-66220 Residential A&D District 4 - Improvements $420,000 (17-2674) Development District 4 Other Than Building FY 2019-20 05113263-66220 Capital Outlay Fund Park Improvements - Improvements Other Than $53,942 (17-3-66 Building FY 2019-20 022132(17-00-6600-66220 PRCSA Fees & PRCSA Fee & Donation - 2674) Donation Improvements Other Than $93,045 (Carnival Revenue) Buildings Total Funds Available: $1,077,491 PENDING CARRYFORWARD REQUEST FY 2019-20 01113250-66220 General Fund PRCSA — Park Facilities - Improvements Other Than $160,939 (17-0-66 Buildings Total Construction Delivery Cost. $1,238,430 All available funds are scheduled for expenditure in Fiscal Year 2019-20. Fuad S. �weiss, PE, PLS Executiv Director Public W(*ks Agency n Lis udloff ecutive Director Parks, Recreation, and Community Services Agency EWG/TC/MO Exhibits: 1. Location Map & Photo 2. Concept Drawing 3. Bid 4. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Dowfis, CPA 061 01) �-2-1-,514,3a hS Executive Director r,,r 01 Finance and Management Services Agency 20A-5 20A-6 EXHIBIT 1 HICHLANO 51 NISTEATA PL WOW St 1� Jul NCNTA VESTA AV Jerome Conuuiuuty Center L----J MC FADDEN AV IFAIRVIEN) LE END ® PROJECT LOCATION SANTA ANA Ptu PUBLIC WORNSAGENCY Monte Vista Elementary School Jerome Park Project No. 17-2674: Center Street Urban Greening Project 20A-7 EXHIBIT 2 3 z City of Santa Ana Page 1 Center Street Urban Greening (17-2674), bidding on May 29, 2019 2:00 PM (Pacific) Printed 06/13/2019 Bid Results EXHIBIT 3 Bidder Details Vendor Name C.S. Legacy Construction, Inc. Address 1704 Unit B S Grove Ave Ontario, CA 91761 United States Respondee Richard Gonzales Respandee Title Estimator Phone 909-590.2626 Ext. Small rlchard@csisgacy.net Vendor Type CADIR License # 828870 CA DIR Bid Detail Bid Format Electronic Submitted May 29, 2019 12:14:34 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 178570 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Forms City of Santa Ana - Bid.pdf General Farms Ownership Affidavit City of Santa Ana - Ownership Affidavit (2).pdf Ownership Affidavit (Notary Public)- REQ Original Hard Copy Submittal In Addition Bid Bond City of Santa Ana - Bid Bond (2).pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal In Addition Non -Collusion Affidavit Clty of Santa Ana - Non - Collusion Affldavlt.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Line Items Type Item Code UOM City Unit Price Line Total Comment Base Bid Items " 1 Unclassltled Excavation CY 2000 $76.16 $162,320,00 2 Clearing and Grubbing LS 1 $77,528.00 $77,628.00 PlanetSids, Inc. 20A-9 City of Santa Ana Page 2 Center Street Urban Greening (17-2674), bidding on May 29, 2019 2:00 PM (Pacific) Printed 06/13/2019 Bid Results Type Item Code uom City Unit Price Line Total Comment 3 AC Pavement SF (1200 $6.80 $42,160.00 4 Strlping LS 1 $4,111.00 $4.111.00 5 Grant Signage EA 1 $1,348.00 $1,348.00 6 Rough Grading SF 83800 $0.76 $48,488.00 7 PCC Curb and Gutter LF 265 $33.00 $8,415.00 8 PCC Cross Gutter LF 77 $40.00 $3,080.00 9 Parkway Culvert Drain EA 2 $3,966,00 $7,930.00 10 Utility Adjustment to Grade LS 1 $8,674.00 $8,674.00 11 4" PCC Sidewalk SF 1560 $0,45 $10,0$2.00 12 6" Plaza Paving (Type 1) SF 4825 $12.00 $67,900.00 13 6" Plaza Paving (Type 2) SF 1895 $36.00 $08,220.00 14 Interlocking Pavers SF 6502 $18.00 $118,110.00 15 Pedestrian Bridge SF 640 $37.00 $19,980.00 16 Vegetated Bloswale and Bloretentlan Area with drainage LS 1 $110,981.00 $110,981.00 17 Boulders A EA 17 $345.00 $6,865.00 16 Boulders B EA 17 $362.00 $6,154.00 PlanotBids, Inc. 20A-10 City of Santa Ana Page 3 Center Street Urban Greening (17-2674), bidding on May 29. 2019 2:00 PM (Pacific) Printed 06/13/2019 Bid Results Type Item Code UOM Oty Unit Price Line Total Comment 19 Decomposed Granite SF 11692 $3.00 $35,070.00 20 Metal Edging LF 1515 $7.00 $10,605,00 21 6" Concrete Mow Curb LF 56 $34.00 $1,904.00 22 Benches -4"'Vega" EA 6 $1,807.00 $10,842.00 23 Bollards - Fixed EA 7 $11830.00 $12,610,00 24 Bollards - Collapsible EA 5 $2,244.00 $11,220.00 25 Interpretive Sign EA 1 $4,321.00 $4,321.00 26 Soil Amendments CY 115 $59.00 $6,185.00 27 Flne grading SF 17505 $0.25 $4,376.26 26 Irrigation System LS 1 $56,562.00 $56,562.00 29 Trees -15 gallon EA 29 $155.00 $4,495.00 30 Shrubs - 5 gallon EA 253 $25.00 $6,325.00 31 Shrubs -1 gallon EA 492 $14.00 $6,888.00 32 Grasses - 5 gallon EA 103 $25.00 $2,576.00 33 Grasses - 1 gallon EA 1139 $14.00 $15,946.00 34 Wydroseeding-BiofiltratlonMix @801b/AC SF 4400 $0,70 $3,125.50 PlanotBlds, Inc, 20A-11 City of Santa Ana Page 4 Center Street Urban Greening (17.2674), bidding on May 29, 2019 2:00 PM (Pacific) Printed 06/1312019 Bid Results Typo Item Code UCN oty Unit Price Line Total Comment 35 Hydroseeding- Blofiltration Mix@161b/AC SF 3535 $0.72 $2,545,20 36 Hydroseeding- Aquawise SF 2390 $0.99 $2,366.10 37 Native Maw Free Fescue SF 1000 $1.13 $1,130,00 38 Turf SF 900 $1.12 $1,008.00 39 SWPPP (Erosivity Waiver)/Erasion Control LS 1 $10,695.00 $10,695.00 40 Landscape & Irrigation 180-Calendar Day Maintenance Period LS 1 $14,723.00 $14,723.00 41 As -Built Plans LS 1 $3,088.00 $3,088.00 42 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 - Subtotal $990,743.05 Add Alternate Bid 1: NOT part of Base Bid Calculation 43 Walkway Lighting - Light Pole Standards EA 6 44 Walkway Lighting - Wiring LF 1530 45 Walkway Lighting - Connection LS 1 Add Alternate Bid 2: NOT part of Base Bid Calculation 46 Bench - 4' "Wave" EA 4 47 Blke Rack EA 1 Add Alternate Bid 3: NOT part of Base Bid Calculation 48 Raised Play Mounds with concrete mow curb EA 3 PlanetBids, Inc. 20A-12 $6,246.00 $37,470.00 $2.56 $3,947.40 $14,096.00 $14,09500 Subtotal $55,518.40 $1.646.00 $6,584.00 $2,035.00 $3,035.00 Subtotal $9,619.00 $6,360.00 $16,050.00 Subtotal $16,050.00 City of Santa Ana Center Street urban Greening (17.2074), bidding on May 29, 2019 2:OQ PM (Paciflc) Bid Results Type Item Code uoM Qty Add Alternate Bid 41 NOT part of Base Bid Calculation 49 Gablon Circular Seat LS 1 Add Alternate Bid 5: NOT part of Base Bid Calculation 50 Concrats Block Bench Cluster LS Page 5 Printed 06/1312019 Unit Price Line Total Comment $16,980.00 $16,980.00 Subtotal $16,980.00 1 $24,776.00 Subtotal Total PlanotBids, Inc. 20A-13 $24,776.00 $24,770.00 $1,113,686.45 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMSERS Oacilia Iglesias David Penaloza Vicente Samnianto Jose Solodo i PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-22) Santa Ana, California 92701 mmmantaaina-ur May 16, 2019 CITY MANAGER Kristine Rldge CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mitre SUBJECT: PROJECT NO. 17-2674: CENTER STREET URBAN GREENING The following changes have been made for the subject project: Specifications: Page Alt "NOTICE INVITING BIDS": Revise first sentence of first paragraph to read as follows: "NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive bids electronically via Planetbids on or before the hour of 2:00.59 pm, May 24, 2019. All other terms and conditions remain the same. FOR THE GITY= ANA Edwin "William" Gal z, P.E. City Engineer SANTA ANA CITY COUNCIL Miguel A Purido Juan vNegas %AwIle somlento David Penaloae Jme somo Vacant GasiOa lgieca. Maya Mayor Pro Tern, Ward 8 Ward i Ward Y Ward a Ward d Ward U �1$Q4 .anvaerra ory G-01149Sfl agnL:aD9,919 vsarmlenwBdappta:9p6,q[g grar"I ia.Y'Js.nta:,:na cv,-Iavlorlod3santa ana vm fl�st �a nee 20A-14 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Vliagas COUNCILMEMSERS Cecilia Iglesias David Penaloza Vicente Sarmiento Jose Solaria CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-22) Santa Ana, California 92701 "n Santa-ana ara May 23, 2019 ADDENDUM NO TWO CITY MANAGER Kristine Ridge CITYATTORNEY Some R. Corvallis ACTING CLERK OF THE COUNCIL Norma Mitre SUBJECT: PROJECT NO. 17.2674: CENTER STREET URBAN GREENING The following changes have been made for the subject project: Plans Delete Sheets GN-01, GR-01, RA-01, LC-02, LC-03, LP-01 and LP-02 and replace with new sheets GN-01, GR-01, RA-01, LC-02, LC-03, LP-01 and LP-02, imifieations: Page vii, "NOTICE INVITING BIDS": Revise first sentence of first paragraph to read as follows: "NOTICE IS HERESY GIVEN that the City of Santa Ana will receive bids electronically via Planetbids on or before the hour of 2:00:59 pm, May 29, 2019. 2. Delete page 25 and replace with new page 25. 3. Delete page "P-1 of P-1" and replace with new page "P-1 of P-1". 4. Delete 'Technical Specifications" section in its entirety and replace with new Technical Specifications, 5, Appendix A: Definition of Bid Items: Delete "Appendix A: Definition of Bid Items, Pages 1- 3 (of 9)" and replace with new Appendix A: Definition of Bid Items, Pages 1-3 (of 9). 6. Appendix E: add "State of California Grant Sign Guidelines" exhibit to Appendix E, for new grant signage. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Edwin "William" Galvez, P.E. City Engineer SANTA ANA CITY COUNCIL Miguel X Pinion Juan villagas vicente sarmionto David Pension Mayor Mayer Pro Tom, Ward 5 Ward Ward2 v¢uL9� ^�.+,l�nsrsrg �Igauentas�a>msra rsarnil t as a. 9.an�lvti�„�,.._. 20A-15 Joao solodo vacant cocilia Iglesias visas Ward Ward6 itelAtlsl�7.gCas-Ingsra cin�oal^=tm=-nta „m Oru Im 1.01 W 1.03 1.04 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING SPECIAL PROVISIONS - CONSTRUCTION ROCK PRODUCTS Alternate rock products, asphalt concrete, Portland cement concrete (PCC), and untreated base material shall be alternate rock material — Type S per Section 400 of the Standard Specifications. RELATIVE COMPACTION TESTS The following test methods shall be used for determining relative compaction: California Test 216 (Sand Cone Method) California Test 231 (Nuclear Gauge Method) The Contractor will be provided with compaction test at locations deemed necessary by the Engineer. If compaction fails to meet the contract specifications, then the Contractor shall make the necessary adjustments and is responsible for the cost of additional compaction tests until compaction per the specifications is met. CLEARING AND GRUBBING Clearing and Grubbing shall be performed in conformance with the provisions of Section 300-1 of the Standard Specifications and these Special Provisions. The following is added to Section 300-1.2 Preservation of Property: Modify and/or repair existing sprinklers in project area that are damaged due to the Contractor's operation within 24 hours. UNCLASSIFIED rACAVATION This section shall conform to Subsection 300-2 and 300-4 of the Standard Specifications and these Special Provisions. Unclassified excavation shall consist of all excavation including sawcutting and removal of roadways, bituminous pavement, concrete pavement, pavement fabric, and the removal of curbs, sidewalks, driveways, alleys, cross -gutters, earthwork, sod, etc. as shown on the plans. Any cores provided are included in the Appendix for reference purposes only and are not part of the contract documents. The AGENCY will not be held responsible for existing conditions that differ from any core logs that may be provided. It is the Contractor's option to take his/her own core samples to verify the existing conditions. 26A-16 CITY OF SANTA ANA BIDPROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING BII? PROP-05A LL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: C,.`> �tej <=JYI�(�uCH , Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: BASE BID: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation 2,000 CY $ -1 1 $ 8 zo cx� 2 Clearing and Grubbing 1 LS _ $ 3 AC Pavement 6,200 SF $ �, �,� 4 Striping 1 LS $q,Iil•c $ S GrantSr`gnage 1� EA 6 Rough Grading 63,800 SF $y .� $ ,��+� 7 PCC Curb and Gutter 255 LF $ 33.c� $ 9 }1S 8 PCC Cross Gutter 77 LF $ 4o.00 $3,M6.m 9 Parkway Culvert birain —2 1 EA YLS $ $ 13 10 Utility Adjustment to Grade 11 4" PCC Sidewalk 1 560 $ 8o Dz e o 12 6" Plaza Paving (Type 1) P-12tT _17 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING Item Description Qty Unit Unit Price Amount 13 6" Plaza Paving (Type 2) 1,895 IF $ 3k,�uo $ l,g , �Z70. 00 14 Interlocking Pavers 6,562 IF $ I do $ 91 g 1110,00 15 Pedestrian Bridge 540 IF $ 3 7 $ ! cIr�ta 16 Vegetated Bioswale and Bioretention Area with drainage 1 LS $i10 $,'1dj�/ 17 Boulders _ 17 EA $ a5 r $ 5 g� 18 Boulders B 17 EA $ 3k,2- c $ i,, rsq. r 19 Decomposed Granite 11,692 IF $ co $ 3 r 6.7 Co 20 Metal Edging 1,515 LF $ 1 (5D $ ! 1005. 00 21 6" Concrete Mow Curb 56 LF $ 3, OD $ 1, 9 oa 22 Benches —4' "Vega" 6 EA $ 23 Bollards - Fixed 7 EA $ l8go. rX) $ ta,�lFaca 24 Bollards — Collapsible 5 EA $ 22-4 o $ ,! ! zap CO 25 Interpretive Sign 1 EA ${ $ 26 Soil Amendments 115 CY 27 Fine grading 17,505 IF $ 6 zs $ �� z 28 Irrigation System 1 LS 29 Trees —15 gallon 29 EA $ p $ 30 Shrubs — 5 gallon 253 _ EA $ $ s. 31 Shrubs —1 gallon 492 EA $ $ W $ 32 Grasses — 5 gallon 103 EA $ �� M $ S-7s - Cb CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING Item Description Qty IInit Unit Price —Amount 33 Grasses —1 gallon 1,139 u EA $ 1'�'. $ ! 5,9 °f a7. cry uo 34 Hydroseeding—Biolfiltration Mix @801b/AC a• 70 g, m5: 5a 35 Hydroseeding—BiofiltrationMx 3,535 SF $ $ @161b/AC 0-"12- 2-15,4S: as 36 Hydroseeding - Aquawise 2,390 SF $ $ 0-`lq 2,31P ID 37 Native Mow Free Fescue 1,000 SF $ 38 Turf 900 SF $ $ �. is i1 003. cc 39 SWPPP (Erosivity 1 LS $ $ Waiver)/Erosion Control so. "Sco !o, togs-. ob 40 Landscape & Irrigation 180- 1 LS $ "i $ 'i Calendar Day Maintenance Period N , a.3 • ob 23, cr, 41 As -Built Plans 1 LS $ $ p�Ci S, '� 3, G n8,m , c 42 ALabor Agreement Oversight 1 LS $ 10,000 $ 10,000 TOTAL BASE BID $ 9 q �� OS ADD ALTERNATE BID 1: Item Description ^ Qty Unit Unit Price Amount 43 Walkway Lighting -Light Pole Standards 6 � EA $ �z 4� � � $ 3 � 4� � � 44 Walkway Lighting —Wiring 1,530 LF $ 2• s8 $ 141. ty 45 Walkway Lighting —Connection 1 LS $ s�"d37" $ IS ao TOTAL ADD ALTERNATE BID 1 $ r fit, ry ,�o CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING ADD ALTERNATE BID 2: Item Description Qty Unit Unit Price Amount 46 Bench — 4' "Wave" 4 EA $ i $ tP r S�¢ cis 47 Bike Rack 1 EA $ 3635-:06 $ sows 00 TOTAL ADD ALTERNATE BID 2 $ c w f ej ADD ALTERNATE BID 3: Item Description Qty Unit Unit Price Amount 48 Raised Play Mounds with concrete mow curb 3 EA $ 3 $ f, 650. 00 TOTAL ADD ALTERNATE BID 3 $ ADD ALTERNATE BID 4: Item Description Qty Unit Unit Price Amount 49 Gabion Circular Seat 1 LS $f� f9�sD• oa $! TOTAL ADD ALTERNATE BID 4 $ f tp , �q S-o. cr ADD ALTERNATE BID 5: Item Description Qty ~ Unit Unit Price Amount 50 Concrete Block Bench Cluster 1 LS $ '741 N xo $ 2-4 cri warn TOTAL ADD ALTERNATE BID 5 $ y4 Ica CITY OF SANTA ANA BIDPROPOSAL PROJECT NO,: 17-2674 CENTER STREET URBAN GREENING TOTAL BASE BID $ 99 -1 4 3 a TOTAL ADD ALTERNATE BID I 55151,8. + TOTAL ADD ALTERNATE BID 2 $ tot co TOTAL ADD ALTERNATE BID 3 $� TOTAL ADD ALTERNATE BID 4 $ 1� TOTAL ADD ALTERNATE BID 5 $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). " The quantity for this bid item is shown forbid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60)workin days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,000 per calendar day. The undersigned bidder hereby proposes to complete all requirements and items outlined in the most current Construction General Permit, within sixty (60) working days after the date stated in the Notice of Completion. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,000 per calendar day./ Name of Firm dYt Signature of BIDDER `T`VPASM-ev-, Marti Title F�Up�icjbn� -�( r,.en,: C�'na .G- -..- an individual, so state. If a lir ` r co -partite ship, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Sec ary, Treasurer a d Manager, thereof.) P-i C- AfMA OW (12sA (tS - "e C£ 1tt CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth. in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BIDDER Title (If an individual, so state. If a fin . or co -partnership, st to the firm name at give the nan es of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) 'fie CY�e-�r.� � � t2 i c � r.� s- e( Crcm ✓1 "zit lP P-6 of P-19 20A-22 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: C Business Address: 00 Vh1+ (�. - Cs"ve PrVL C}n}cttl E—A_ cfl-71P/ Business E-Mail Address: Telephone: 2 cl S 10 '.-2 Gp 2-tp State Contractor's License No. and Class: ,F2, (D 9--1 0 f, r 1 License Expiration Date: l O i 'a 1 State Dept. of Industrial Relations (DIR) Registration No.: (j o 000 State Dept. of Industrial Relations (DIR) Registration Expiration D _ �3 0 2-0 Signed: Title: h2ihF P-7 ofP-19 20A-23 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER. STREET URBAN GREENING PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name Signs Title (if an P26 1�4 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) being duly sworn, deposes and says: [J INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership Finn designated as: acrd who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of nc-i deIqA _ _ a corporatian which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one ofthe parties matting the foregoing proposal as a joint venture, mid the he/she has been and is duly vested with the authority to execam instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage gain t the City of Santa Ana or any person interested in the proposed contract, for himself or at dt4 r person. Signature of Bidder s .. S�U4 - pre*jctWl! t, Subscribed and sworn to be ore me this 20 Signature of officer Administering otary Public) P WAt925 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit of that document, State of California County of SAN BERNAR[)TNO On MAY 16, 2019 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, GIARIA AACIAS WITNESS m hand and official seal. Notary Public• California y San Bernardino County 'Como slon k 2284219 Ay Lamm. Expires Apr 2, 2023 r Signature t (Seal) 20A-26 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING a tt KNOW ALL PRESENT that, _ ,.._. C.S. Legacy Construction, Inc. uterlcllb lnsurnnce Com tan __> as BIDDER, and I F as SURETY, are held and of am unt rtl unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten percent of amount �td _ Dolhus $ 10% of amount bid of the total amomat bid by BIDDER to AGENCY for the above -stated project, for pay payme percent o6oaf which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF TIIIS OBLIGATION ARE SUC14 that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and centered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall of AGENCY. xomaiu in full force and e1i'ect in favor IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this rbthday ofMav_______._. .,2019, BIDDER* By: sworn to before me **"'see attached acknowledgment _.-____.. , 20,, ` _ _ this Signature: Notary Public inand for the County of _ _ _ State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title., address, and telephone, number of authorized representative. P-10 of P-19 20A-27 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State f California Countyof SAN BERNARDINO�� On MAY 16, 2019 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. ee- 20A-28 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valld"fthat,document. State of California County of _._____Orange On May 10, 2019 before me, Brandon K. Grindel, Notary (insert name and title of the officer) — personally appeared Kevin P. Reed, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BRANDON X' 681NOEL Notary Public - California - Orange County Commission # 2243619 My Comm. Expires Jun 18, 2022 + Signatur (seal) 20A-29 GREAT AMERICAN INSURANCE COMPANY Administrative Office: 301 E 4TH STREET ° CINCINNATI, OHIO 45202 * 613-369.5000 0 FAX 513-723-2740 The number of persons authorized by Nilspowerofattorneyisnotmmctliati THREE No.0 14866 POWER OE ATTORNEY KNOWAIX MEN BYTHESE PRESENTS: Thatilne OREATAMERICANINSURANC1ECOMfANY,awrl>oratiouorganlzedandrxistingnnder mud by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually ifnnore dun one is named, its true mid lawfid anomcy-fit-Pact, f21r it and in its name, place and stead to execute on behalf of the said Company, as emery, any and all bonds, undertakings andcontracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed tinder this authority shall not exceed the limit stated below. Nance Address Limit of Power KEVIN P. REED ALL OF ALL MARCUS A. REED SANTA ANA, CALIFORNIA $100,000,000.00 JON ROSBURG This Power ofAttorney revokes all previous powers issued on behalf of the attorney(s)-nr-faot named above. IN WITNESS WI-IE2EOF the GREATAMERICAN fNSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20TH day of MARCH 1 2018 Attest GREAT AMERICAN INSURANCE COMPANY tl 0 X44 Asxlsranr Senmmry DMv,k al Sector Plea hrodow STATE OF OHIO, COUNTY OF IIAMILTON - as: DAVID c. (1 MHIN (s77-3n-2405) On this 20TH day of MARCH 2018 , before me personally appeared DAVE) C. KITCHIN, to me known, being didy sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the suit affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-laws of said Company, mid that he signed his name thereto by like authority. M1S41\ r 1 �.i.rs�o� • i.... . �I.r This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors ofGremAin©rimm Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: 'That the Divisional President, the several Divisional Senior Rce Presidents, Divisional Per, Presidents and Divisonal Assislanl Vice Presidents, or arty one of them, be and hereby is aedhoriaed, from lime to time, to appoint one or more Aimrneys-in-Fact to execute on behatfof the Company, as srottry any and all bonds, undertakings and contracts ofsao etyshtle or other written obligations in the nature thereof, to in esc ibe their respective duties and the. respective lbnits o/'their authority; and to revoke any such appointment at any time. RFSOLVGD FU1t771ER: That the Company seal and the signature of any of the aforesaid officers and any S'eeretaty or Assistant Secretary of Bite Compatty rmpr be taxed by,facehnile to pray prover of rdtorney or certificate of either given for the exzcatiorr of any band undertaking, enritract o fsrsretyshiy, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company av the original signature oJ'such officer and the origintd seal of the Company, to be valid and binding upon the Company with the same force and q(%ct as though manually affixed. CERTIFICATION I, STEPHEN C. BERAFIA, Assismat Secretary of Great Amedemn Insurance Company, do hereby certify that the the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in flail force and effect. Signed and sealed this �,vauyk SiDmAr(0611) IOfY day of /]OAq A,,awnt Sevremry 20A-30 *mas°® s wassummonsm C.S. LEGACY CONSTRUCTION_ C.S. LEGACY CONSTRUCTION, INC. MINUTES OF BOARD OF DIRECTORS MEETING A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF C. S. LEGACY CONSTRUCTION, INC, A CALIFORNIA CORPORATION, WAS HELD AT 1704 UNIT B. S. GROVE AVE ONTARIO, CA 91761 ON JANUARY 14, 2019. THE BOARD OF DIRECTORS OF TFIE CORPORATION: GREGG STRUMPF DIRECTOR CONSTITUTING ALL OF THE MEMBERS OF THE BOARD OF DIRECTORS WERE PRESENT AT THE MEETING. THE MOTION WAS DULY MADE, SECONDED AND CARRIED THE FOLLOWING RESOLUTION WAS ADOPTED: RESOLVED, GREGG STRUMPF, PRESIDENT, IS SOLELY VESTED FULL AUTHORITY TO SIGN ANY AND AN ALL CONTRACTUAL DOCUMENTS FOR THE CORPORATION, AND THEREFORE HAS THF. FULL AUTHORITY TO OBILIGATE THE CORPORATION IN ALL CONIRACTURAL MATTERS. THE UNDERSIGNED, RICHARD GONZALES, SECRETARY, CERTIFIED THAT GREGG STRUMPF IS THE DULY APPOINTED PRESIDENT OP C.S. LEGACY CONSTRUCTION, INC. AND THAT THE ABOVE IS A TRUE AND CORRECT COPY OF THE RESOLUTION DULY ADOPTED AT A MEETING OF BYLAWS OF SAID CORPORATION ON JANUARY 14, 2019. IN WITNESS THEREOF, I HAVE AFFIXED MY NAME AS SECRETARY OF THE CORPORATION, AND HAVE ATTACHED THE SEAL OF C.S. LEGACY CONSTRUCTION, INC. TO THIS RESOLUTION. DATA: JANUARY 14,2j619 RICHARD GONZALES-SECRETARY 1704 Unit S 9. Grove Ave Ontario, Ca 9176 (909) 590-2626 (909) 5904117 fax 20A-31 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING LIST OF SUIT -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: V2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Y2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone `htq Type Of Work Amount $ Name Sw License #/ExI5, DIR Reg. #/Lxp. License # Location Phone Type Of Work Amount $ Name License DIR Reg License Location Phone Type Of Amount $ Signature of III S UYV42 dl 1�1 e�. crca Name ire License #/Lxp. DIR Reg. #/Exp. Location Phone qo Type Of Work Amount $ Name — rtrr Past c f-ric: Inc License #/Exps'ji DIR Reg, #/Exp. 1t7s ci � *f c 4 License# -1ag5)S 11311Iq Location +3,;Z 141bcr5 ±sJau rl'na -Ito Phone _ �jo�. iclA-54-70 Type Of Work Amount $ + } , "Dtr ts,CO Name License #/Exp. DIR Reg. #/Exp. License # cp Location Phone Type Of Work Amount $ 6v 6b�A nTr- Y we i rti P&X-12 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING LIST' OI SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/% of the bid or $10,000, whichever is greater a Buildings, parks, or other projects: '/% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Name License #Bxp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg, #/Exp. License # Location Phone Type Of Work Amount $ P-20A1933 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/2%of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %:% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the fl ms listed below: Name License #/Exp, DIR Reg. #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Atnount $ Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ t Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature ofBid,l C-W P�1f k!U CITY OF SANTA ANA BID PROPOSAL, PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. 2. 3, - I'aC?__ G f 2 tr7r . (32pr lsz�{zx rat• `1 �11 "1 Address of Name and Telephone Number of person familiar with project. Contract Amount Type of W rk Name an Address of owner. Name and Telephone Nun Contract Amount ne and Address of owner. Name and Telephone Nulnb 32 5 tsv Contract Amount k of person familiar with project. Type of Work �kl Datepleted Date Completed REM Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. L IM V) MVT , SS v I e o t-C@ If' cf e r ), G ;_Bard, SS ) -3l„- 0000 P`20A'g35 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING ADDITIONAL REEEREP, M The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. [o 9 3. Address Name and Telephone Number of person familiar with project. 2yario!4j }-> I� lru tt Contract Amount Type of Work Date Completed Name Name and Telephone Number of person familiar with project. t � 7�d•rm l r Iw d-7 Contract Amount Type of Wo k Date Completed co�� -'s . vC.k'-?1`t`1 Ct Fl-(JP . Cod'a-tfyq 2A&2 Name a d Address of owner. Name and Telephone Number of person familiar with project. sidowduc -+—t5% lr 7 14a Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. $;ate•-13�•e:� a 9 AXON onso mumm 1Mummum'nr1o1m,B C.S. LEGACY COMt TRVCTION, INC. Please Reference Page P-13 of P-19 Paramount Blvd. Urban Renovations City of Paramount 16400 Colorado Ave Paramount, Ca 90723 Contact: Bill Paget 562-220-2108 Completed 8/2016 Original Contract $3,316,409.95 1704 S. Grove Avenue Unit B, Ontario, CA 91761 (909) 590-2626 (909) 590-4117 fax 20A-37 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -co usion Affidavit is part of the Proposal. BIDDERS are cautioned that making a fats ce�+cation may subject the certifier to criminal prosecution. Signed State of California County of __ Subscribed and sworn to (or affirmed) befor me in th' day of 20_ by ----_—,___--,proved tome on t b 's satisfactory evidence to be the person(s) who appeared before me `` O Q✓ Notary Public Signature Notary Public Seal PIOWM ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit of that document. State of California SAN BERNARDINO County of j On MAY 16, 2019 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Nrnia GLORiAMAnAs i SanrBernaridino County E Commission M 2284219 ' My Comm, Expires Apr 2, 2023 Signature— s (seal) 20A-39 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employmenl because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action 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 fonus of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 1 The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided. advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 1.1.246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24,1965, and by rules, regulations, and orders of the Secretary ofLabor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CEN'1"ER. STREET URBAN GREENING The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939,.and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital statu , or x of such persons, except as provided in Section 1420, and any contractor of ublic wo gs v lating this Section is subject to all the penalties imposed for a violation of the Chaote i a Signed: Title: Firm: Date: i�c1B P-12OW-941 CITE' OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING STATEMENT RFGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of 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. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other .ontractors, except contractors not signatory to the trust agreement shall pay a like amount to(Ahe ga%ifornia Apprenticeship Council. Signed: Title: Firm: Date: ti'i t c� P2'jpW_142 CATY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING STATEMENT REGARDING "ANTI -KICKBACK" RFQLIIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited fi-om inducing, by any means, any person employed in the construction or repaii of pu lie work, to give up any part of the compensation to which he/she is otherwise entitled. JJ fit, Signed: Title: Firm: t? . u&: c(I Date: a P- UN-43 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 17-2674 CENTER STREET URBAN GREENING PUBLIC CONTRACT CODE SECTION 10162 C)UESTIONNAIIiE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire; Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a Proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. W P-2®i-144 REFERENCES 1. Eagle Glen Corner Drainage Improvements Eagle Glen Apartments LLC c/o Mr. Michael S. Aimola J & M Realty Company 1651 E. Fourth St. Suite 250 Santa Ana, Ca. 92701 (714)285-1170 (714) 285-1178 FAX Completed March, 2004, $56,000.00 2. Santa Ana Zoo DG Howard S. Wright Construction Mr. Greg Ahman 18500 Von Karman Ave. Suite 420 Irvine, Ca. 92012 (949) 567-1909 (949) 567-1917 FAX Completed April, 2004 $52,000.00 3. Canada Vista Park Parking Lot Expansion City of Rancho Santa Margarita Jacque Niemi 30211 Avenida de las Banderas Suite 101 Rancho Santa Margarita, Ca. 92688 (949) 635-1800 (949) 635-1840 FAX Completed May, 2004 $351,577.49 4. Crown Valley Park Synthetic Soccer Field City of Laguna Niguel Nicholas Renn 27911 La Paz Road Laguna Niguel, Ca. 92677 (949)362-4341 (949) 362-4385 FAX Completed June 2004 $539,217.49 20A-45 5. Freeman, Bell, & Thornburg Park Playground Renovation City of Gardena Dave Negrete P.O. Box 47003 Gardena, Ca. 90247 (310) 217-9500 (310) 217-9876 Completed June 2004 $355,069.90 6. Delta Plant Fencing & Landscaping City of Monterey Park Mr. Elias Saykali 320 W. Newmark Ave. Monterey Park, Ca. 91754 (626)307-1320 (626) 307-2500 FAX Completed July 2004 $120,580,00 7. Eagle Glen Street Improvements Eagle Glen Apartments, LLC c/o Mr. Michael S. Aimola J & M Realty Co. 1651 E. Fourth St. Suite 250 Santa Ana, Ca. 92701 (714)285-1170 (714) 285-1178 Completed July 2004 $153,250.00 8. Ayala Park Temporary Parking Lot City of Chino Carolyn Baltzer, Asst. Project Coordinator P.O. Box 667 Chino, Ca. 91708 (909)627-7577 (909) 464-0799 FAX Completed 9/04 $95,730.00 9. Site Prep for 2 Relocatables @ New Ventures Huntington Beach Union High School District Nelson M. Cayabyab Director of Facilities 10251 Yorktown Ave. Huntington Beach, Ca. 92646 (714)964-3339 (714) 963-7684 FAX Completed 9/04 $227,455.00 DSA Inspected 417 - . 10, SR 79S Sidewalk Improvement Project City of Temecula Avlin R. Odviar Asst. Engineer P.O. Box 9033 Temecula, Ca. 92589 (951)694-6411 (951) 693-3929 FAX Completed 9/04 $147,328.00 11. Lincoln Ave. Median Landscape Improvements City of Buena Park Wood Nousome Asst. Engineer IMIN.S11119r Buena Park, Ca. 90622 (714) 562-3676 (714) 562-3677 FAX Completed 6105 $816,000.00 12. Floe Packer Landscape Improvement City of Lake Forest Steve Velasco, Engineer (949) 461-3480 (949) 461-3511 FAX 25550 Commercentre Drive Lake Forest, Ca. 92630 Completed 5/05 $91,974.32 13. Replacement of Lang Park Play Equipment City of Laguna Beach Derek Wieske, Asst. City Engineer 505 Forest Ave. Laguna Beach, Ca. 92651 (949) 497-3311 (949) 497-0771 FAX Completed 1105 $182,299.00 14. Edison High School SAC Addition 15. Huntington Beach High School Elevators Huntington Beach Union High School District 10251 Yorktown Huntington Beach, Ca. 92646 Nelson Cayabyab Director of Facilities (714)964-3339 (714) 963-7684 FAX Edison High School Completed 5/05 $391,576.42 Huntington Beach Elevators Completed 05/06 $780,956.00 20A-47 16. Talega Recreation Center Phase 3 "Talega Partners 951 Calle Negocio Suites D San Clemente, Ca. 92673 Charlie Mallon Project Manager (949) 498-1366 (949)369-7659 Complete 6105 $490,679.55 17. Rancho San Jacinto Play Areas Imp. City of San Jacinto 201 East Main St. San Jacinto, Ca. 92583 Ray Sanchez / Pam Stull (951) 487-7342 (951) 654-3728 FAX Completed 3/05 $294,836.00 18. Shady Grove Park City of Chino 13220 Central Avenue Chino, CA 91708-0667 Mike Knolling (909) 464-0768 (909) 464-0799 FAX Completed 10105 $1,344,705.00 19.Pinacate Middle School Perris Union High School District 155 East Fourt Street Penis, Ca 92570 Jeremy Chou (909)987-0909 Completed 2005 $298,182.00 DSA inspected 20.Monte Vista Splashpad City of Chino P.C. Box 667 Chino, Ca 91708 Arlene Salazar (909)464-0770 (909) 590-5581 Fax Completed 4/06 $227,187.12 KO -• 21.Playground Retrofit City of Chino 13220 Central Ave. Chino, CA 91708-0667 Carolyn Baltzer (909)627-7577 (909) 464-0799 FAX Completed 12/05 $285,965.00 22.Starshine Park City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Ryan Wright (909) 839-7072 (909) 861-3117 FAX Completed 06/05 $269,337.00 23.Sycamore Canyon Park City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Ryan Wright (909) 839-7072 (909) 861-3117 FAX Est. Completion 01/06 $462,373.52 24, Rancho San Jacinto Basins City of San Jacinto 201 East Main St. San Jacinto, Ca. 92583 Ray Sanchez / Pam Stull (951)487-7342 (951) 654-3728 FAX Completed 07/05 $868,589.12 25.Child Development Center Playground Santa Monica -Malibu Unified School District 1651 Sixteenth Street Santa Monica, CA 90404 J. Wallance Berriman (310) 450-8338 (310) 450-1667 FAX Completed 08/05 $359,551.76 20A-49 26.Granada Streetscape City of San Clemente 910 Calle Negocio Ste. 100 San Clemente, CA 92673 Gary Voborsky (949)361-6100 (949) 361-8316 FAX Completed 12105 $197,243.91. 27.Victoria Gardens Lane Median City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 Jerry Dyer (909) 477-2700 (909) 477-2849 FAX Completed 12/05 $155,482.00 28.MM O'Neil Park City of Mission Viejo 200 Civic Center Mission Viejo, CA 92691 Keith Rattay (949)470-3000 (949) 581-0983 FAX $718,029.96 29.ATL Building Irrigation & Landscape Chaffey College 5885 Haven Ave. Rancho Cucamonga, CA 91737 Sarah Riley (909) 477-8547 (909) 477-8571 FAX Completed 05/06 $286,910.61 30. YMCA Daycare Center City of Mission Viejo 200 Civic Center Mission Viejo, CA 92691 Jerry Hill (949)470-3052 (949) 581-0983 FAX Completed 04/06 $239,542.00 20A-50 31.Grass Playtields Long Beach Community College 4901 E. Carson Street Long Beach, CA 90808 Sandy Mathis (562) 938-4111 (562) 938-4118 FAX Completed 05/06 $520,247.88 32.La Habra Landscape & Electrical City of La Habra 201 E. La Habra Blvd. La Habra, CA 90631 Contact: Sam Makar (562)905-9720 (562) 905-9643 FAX Completed Ol/06 $862,344.87 33.Yucca Park City of Los Angeles 200 N. Spring Street Los Angeles, CA 90012 Contact: Richard Chang (213)978-1912 (213) 978-1901 Fax Completed 10/06 $574,960.24 34. Fullerton High School Landscape 35.Fullerton High School Site Work Erickson -Hall Construction Co. 1021 W. Bastanchury #110 Fullerton, CA 92833 Contact: Santosh Mhapsekar (714) 738-4995 (714) 738-5194 Fax Fullerton High School Landscape Completed 03/06 $1.13,051.00 Fullerton High School Site Work Completed 03/06 $239,422.00 36.Sidewalk, Curb & Gutter City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663-3884 Contact: Frank Tran (949) 644-3340 (949)644-3308 Fax Completed 05/06 $595,341.00 20A-51 37.Brea Blvd. Median Landscape City of Brea I Civic Center Circle Brea, CA 92821 Contact: Raul Lising (714) 671-4450 (714) 990-2258 Fax Completed 08/06 $1,344,650.00 38.Villegas Park Improvements 39.Monroe Street Wall 40.Sidewalk Curb & Gutter City of Riverside 3900 Main Street Riverside, CA 92522 Contact: Daniel J. Simmons (951) 826-5591 (951) 826-5542 Fax Villegas Park Imp. Completed 2006 $306,523.00 Monroe Street Wall Completed 10/2006 $200,679.00 Sidewalk Curb & Gutter Completed 10/2006 $948,142.00 41.West Chapman Ave. Parking Lot Expansion City of Fullerton 303 West. Commonwealth Ave. Fullerton, CA 92832-1775 Contact: Mehrdad Miralaie (714)738-6866 (714)738-3115 Fax Completed 2006 $353,903.0 42.Teen Square Improvements City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Contact: Jorge Roque (310) 603-0220 (310) 635-0493 Fax Completed 10/06 $470,047.00 20A-52 43.Harbor Hills Community Center Community Development Commission of LA County 4800 E. Cesar E Chavez Ave. Los Angeles, CA 90022 Contact: Bill Yee (323) 260-3412 (323) 266-5930 Fax Completed 09/06 $209,034.00 44.Patricia Lane Park Improvements City of Santa Ana 20 Civic Center Plaza M-22 Santa Ana, CA 92702 Contact: Ed Torres (714) 647-5018 (714)647-5058 Fax Completed: 10/06 $456,181.00 45.La Palma Play Area Rehabilitation City of La Palma 7822 Walker Street La Palma, CA 90623-1771 Contact: Ismile Noorbaksh (714)690-3310 (714)523-2141 Fax Completed: 10/06 $245,372.00 46.Freeway Beautification City of Riverside 3900 Main Street Riverside, CA 92522 Contact: Daniel J. Simmons (951) 826-5591 (951) 826-5542 Fax Completed 09/06 $245,685.00 47.Veterans Memorial City of Paramount 16400 Colorado Ave. Paramount, CA 90723-50t2 Contact: Jack Perich (562)220-2000 (562) 630-6731 Fax Completed 10/06 $995,680.77 20A-53 48.Ray Moore Stadium Improvements CAL K-12 32598 Oak Glen Road Yucaipa, CA 92399 Contact: Nolan Ballard (909) 795-9169 (909) 795-9432 Fax Completed 09/06 $594,464.00 49.Fountain Valley Sidewalks City of Fountain Valley 10200 Slater Ave. Fountain Valley, CA 92708 Contact: Harry Drake (714)593-4606 (714) 593-4494 Fax Completed09/06 $150,230.00 50.Civic Center Hardscape City of Apple Valley 14955 Dale Evans Parkway Apple Valley, Ca 92307 Contact: Gina Whiteside (760) 240-7000 Completed 02/07 $698,802.96 51.Mpower Parking Lot City of Bellflower 16600 Civic Center Drive Bellflower, Ca 90706 Contact: Paul Zweip (562) 804-1424 (562) 925-8660 Completed 01/07 $317,361.06 52.Loma Linda Tennis Courts City of Loma Linda 25541 Barton Road Loma Linda, Ca 92354 Contact: Eleazar Alex Rubalcava (909) 799-2800 (909) 799-2890 Fax Completed 12/06 $351,278.42 20A-54 53.Adelanto Road Imp. City of Adelanto 11600 Airbase Road Adelanto, Ca 92301 Contact: Wilson So (760)246-2300 Completed 11/06 $967,788.90 54.Perris Blvd. Median City of Moreno Valley 14177 Frederick Street Moreno Valley Contact: Ben Rahimian (951)413-3130 (951)413-3170 Fax Completed 12/06 $96,967.05 55.Highland Sidewalks City of Highland 7231 Boulder Avenue #531 Highland, Ca 92346 Contact: John G. Egan (909) 748-0010 (909) 748-0016 Fax Completed 01/07 $283,989.03 56.Lincoln St. Park City of Lake Elsinore 130 S Main St. Lake Elsinore, Ca 92530 Dave Solomon (951) 674-87-61 (951) 674-3124 Fax Completed 3/07 $769,634.40 57.Shirpser Elementary School El Monte City School District. 3540 N. Lexington Ave. El Monte, Ca 91731 Contact: Lila Hoverman (909) 305-2332 (909)305-2180 Completed 03/07 $160,391.68 20A-55 58.Mistietoe Park Imp. City of San Jacinto 248 E. Street San Jacinto, Ca 92583 Contact: Mike Emberton (951) 654-4041 (951) 487-7382 Completed 02/07 $220,966.60 59.Allendale Park City of Pasadena 100 N. Garfield Ave. Pasadena, Ca 91105 Contact: Alba Iraheta (626) 744-4124 Completed 02/07 $278,093.32 60.Ramsey Street Medians City of Banning 99 E. Ramsey Street Banning, Ca 92220 Contact: Arturo Vela (951) 922-3130 (909)922-3141 Fax Completed 05/07 $914,522.00 61.Boeing St. City of Moreno Valley 14177 Frederick Street Moreno Valley, Ca 92552 Contact: Christopher L. Wiberg (951)413-3135 (951) 413-3170 Fax Completed 02/07 $281,834.81 62.Alicia Parkway Medians City of Laguna Hills 24035 El Toro Road Laguna Hills, Ca 92653 Contact: Kenneth Rosefield (949) 707-2650 (949)707-2633 Completed 05/07 $434,021.89 20A-56 63.Cesar Chavez Park Imp. City of South Gate 8650 California Avenue South Gate, Ca 90280 Contact: Adel Freij Willdan (323) 357-9657 (323) 563-9572 Fax Completed 05/07 $1,503,328.08 64.Chino Concrete Repair City of Chino 13220 Central Avenue Chino, Ca 91710 Contact: Jerry Perez (909) 627-7577 (909) 591-6829 Fax Completed 06/07 $362,006.00 65.Chapman Ave. Streetscape City of Stanton 7800 Katella Ave Stanton, Ca 90680 Contact: Patricia A. Simpson (714) 379-9222 (714) 890-3123 Fax Completed July 2007 $905,480.50 66.1naperial Highway County of Los Angeles 900 South Fremont Avenue Alhambra, Ca 91803 Contact: Hector Hernandez (626) 458-51.00 Completed June 2007 $333,355.35 67.Fairplex Park &c Ride County of Los Angeles 900 South Fremont Avenue Alhambra, Ca 91803 Contact: Jose Pon (626)458-5100 Completed 2007 20A-57 68.Holifield Park City of Norwalk 127000 Norwalk Blvd, PO Box 1030 Not -walk, Ca 90651 Contact: Brenda L. De Jager (562)929-5700 (562) 929-5773 Fax $96,987.50 69.Veterans Park Walkway City of Yorba Linda 4845 Casa Lorna Ave. P,O. Box 87014 Yorba Linda, Ca 92885 Contact: Steve Campbell (714) 961-7100 Completed 04/07 $139,643.00 70.Foothill Blvd. Medians Lewis Operating Corporation 1156 North Mountain Ave. P.O. Box 670 Upland, Ca 91785 Contact: Stacy Lin (909) 985-0971 Completed 05/07 $166,373.29 71Xoothfil Blvd. Perimeter Lewis Operating Corporation 1156 North Mountain Ave. P.O. Box 670 Upland, Ca 91785 Contact: Stacy Lin (909) 985-0971 Completed 05/07 $475,333.22 72.Chino Hills Pkwy Monument City of Chino Hills 2001 Grand Avenue Chino Hills, Ca 91709 Contact: Anne Dutrey (909)364-2760 (909)364-2791 Fax Completed 4/07 $300,175.00 20A-58 73.Civic Center Park Landscape City of Apple Valley 14955 Dale Evans Parkway Apple Valley, Ca 92307 Contact: Gina Whiteside (760) 240-7000 Completed 08/07 $534,283.01 74.Friendship Park City of Bellflower 16600 Civic Center Drive Bellflower, Ca 90706 Contact: Paul Zweip (562) 804-1424 Ext.2250 (562) 804-4465 Fax Completed 11/07 $919,500.00 75.Ke.ssler Park County of San Bernardino157 W. 5"' Street San Berardino, Ca 92415 Contact: Greg Bacon (909) 387-6076 (909) 397-5968 Completed 9/07 $456,152.00 76.13arstow High School Landscape City of Barstow 551 South Avenue H Barstow, Ca 92311 Contact: Steve Prince Phone: (909) 989-9979 Completed 08/07 $326,412.00 77.Lagrma Niguel Amphitheater City of Laguna Niguel 27791 La Paz Road Laguna Niguel, Ca 92677 Contact: Nicholas Renn (949)362-43414 Completed 5/07 $157,900.00 20A-59 78.Valley High School PCM3 1801 S. Greenville Street Santa Ana, Ca 92704 Contact: Pamela Goodrich (714) 662-0227 (714) 662-0233Fax Completed 10/07 $234,830.00 79.Chapman Ave and Katella Ave Streetscape City of Stanton 7800 Katella Ave Stanton, Ca 90680 Contact: Sean Crumby (714) 379-9222 Ext. 204 (714) 890-3123 Fax Completed July 2007 $905,480.50 80.Cerritos Ave Streetscape City of Stanton 7800 Katella Avenue Stanton, Ca 90680 Contact: Sean Crumby (714) 379-9222 Ext.204 Completed 9/07 $1,059,468.62 81.Rivera Park City of Pico Rivera 6767 Passons Blvd. Pico Rivera, Ca 90660 Contact: Jose Rico (562)802-4432 Completed 8/07 $237,592.00 82..San Gabriel Blvd City of San Gabriel 425 S. Mission Drive San Gabriel, Ca 91776 Contact: Mark Moreno (714)293-0278 (714)973-2263 Fax Completed 11/08 $228,927.00 20A-60 83..Tree Removal and Sidewalk City of Bellflower 16600 Civic Center Drive Bellflower, Ca 90706 Contact: Paul Zwiep (562)804-1421 Ext.2250 (562) 804-4465 Fax Completed 6/07 $183,182.00 84.Grace Street Reconstruction City of Barstow 220East Mountain View Street Barstow, Ca 92311 Contact:William Henderson (760)255-5157 (760) 760-256-1750 Fax Completed 6/07 $297,741.00 85.Recreation Trail Improvements City of Villa Park 17855 Santiago Blvd Villa Park, Ca 92861 Contract: Blane Frandsen (714) 973-2230 Completed 9/07 $144,242.32 86.Veterans Memorial Park City of Stanton 7800 Katella Avenue Stanton, Ca 90680 Contact: Sean Crumby (714) 379-9222 Ext. 204 Completed 12/07 $1,096,382.35 87.Santa Fe High School Whittier Unified School District 9401 S. Painter Ave. Whittier, Ca 90605 Contact: Dan Romo (562) 698-8121 (562) 693-5371 Completed 10/07 $349,309.00 DSA Inspected 20A-61 88.Curbs, Gutters & Sidewalks City of El Segundo 350 Main Street El Segundo, Ca 90245 Contract: Maryam Jones (310)524-2361 Completed 9/07 $182,201.00 89.Yucca Park City of Indio 100 Civic Center Mall Indio, Ca 92201 Contact: Connie Allen (760) 391-4005 Completed 03/08 $1,044,965.00 90.Foglesong Park City of Barstow 220 East Mountain View Street Barstow, Ca 92311 Contact: Jeanette Hayhurst (760)255-5146 (760) 760-256-5621 Completed 02/08 $381,825.00 Percent Completed 100% 91.Las Flores Park City of Malibu 23815 Stuart Ranch Road Malibu, Ca 90265 Contact: Arthur Aladjadjian (310) 456-2489 (310) 456-3356 Fax Completed 09/08 2,040,673.00 92.Imperial Median City of La Mirada 13700 La Mirada Blvd. La Mirada, Ca 90638 Contact: Steve Forster (562)902-2371 Completed 12/07 $990,381.00 20A-62 93.Rialto Concrete City of Rialto 150 South Palm Ave. Rialto, Ca 92376 Contact: Naddem Syes (909) 421-4986 (909) 421-7210 Fax Completed 11/07 $170,701.00 94.UCR Parking Lot The Regents of The University of California 3615A Canyon Crest Drive Riverside, Ca 92507 Contact: John A. Friedrach (951) 781-0811 (951)781-8435 Fax Completed 12/07 $357,924.00 95.Serrano Creek Play Structure City of Lake Forest 25550 Commercentre Dr. Lake Forest, Ca 92630 Contact: Jesse Caballero (949) 855-5764 (949)855-7050 Fax Completed 12/07 $417,545.32 96.Azusa Ave. Medians City of West Covina 1444 West Garvey Ave. West Covina, Ca 91793 Contact: Sam Guitierrez (626) 939-8734 (626)939-8660 Fax Completed 12/07 $325,320.00 97.Thonipson Basketball Park City of Oxnard 305 West Third Street Oxnard, Ca 93030 Contact:Patricia C. Friend (805) 385-7821 (805)805-385-8329 Fax Completed 11/07 $200,462.85 20A-63 98.College Park City of Oxnard 1060 Pacific Avenue. Building 2 Oxnard, Ca 93030 Contact: Patricia C. Friend (805)385-7821 (805)385-8329 Fax Completed 4/08 2,343,473.50 99.Warner Basin City of Anaheim 200 S. Anaheim Blvd. Suite 276 Anaheim, Ca 92805 Contact: Caster D. Williams (714) 765-5176 (714) 765-5225 Fax Completed 3/08 1.66,199.00 100.Dog Park City of Culver City 9770 Culver Blvd. Culver City, Ca 90232 Contact: Hong Wang (310) 253-5604 (310) 253-5626 Fax Completed 3/08 $123,102.00 101.Maxwell Park Renovation City of Anaheim 200 S. Anaheim, Ca 92805 Contact: Robert Palacologus (714) 765-5175 Ext 5711 Completed 11/08 $1,669,901.50 102.Whittier High School Quad Whittier Union High School District 9401 So. Painter Ave. Whittier, Ca 90605 Contact: Doug Orndorff (562) 698-8121 Ext 1537 Completed 08/2008 $1,009,783.00 20A-64 103.Meadows Park City of Lynwood 11330 Bullis Road Lynwood, Ca 90262 Contact: Arsenio Frontela (310)603-0220 (310) 635-0493 Completed 9/08 $1,473,593.20 104.Hesperia Civic Plaza City of Hesperia 9700 Seventh Ave. Hesperia, Ca 92345 Contact: David R. Burkett (760) 947-1202 Completed 9/2008 $3,500,000.00 105.PCH Roadway Improvements City of Dana Pont 33282 Golden Lantern Dana Point, Ca 92629 Contact: Todd Niemann (949) 213-4231 Completed 09/2008 $712,343.30 106.Dateland Park City of Coachela 1515 Sixth Street Coachella, Ca 92236 Contact: Mark Chappell (760) 398-5744 (760) 398-1630 Completed 10/2008 $1,679,765.61 107.Thornton & Windsor Parks City of Santa Ana P.O. Box ,1988 Santa Ana, Ca 92702 Contact:William Albright (714) 647-5029 Completed 9/2008 $331,240.00 20A-65 108. Dotson Park City of Stanton 7800 Katella Avenue Stanton, Ca 90680 Contact: Sean Crumby (714) 379-9222 Ext. 204 Completed 12/08 $1,866,279.00 109.Garcia Park City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, Ca 91729 Contact: Karen Emery Meguire (909) 477-2740 Ext. 4080 (909)477-2746 Fax Completed 09/08 $1,831,717.25 110.Estudillo Parking Lot City of San Jacinto 595 S. San Jacinto Ave San Jacinto, Ca 92583 Contact: Holly Binkley (951) 654-3592 (951)651-3672 Completed 8/08 $215,783.00 111.Memorial Park Walkway & Walkway Lighting City of Pasadena 100 North Garfield Ave Pasadena, Ca 91109 Contact: Reny Q. Quijano (626) 744-6741 (626) 744-3892 Completed 09/2008 $130,000.00 11.2.Oak Glen Park Improvements County of San Bernardino 157 West Fifth Street San Bernardino, Ca 92415 Contact: Greg Bacon (909) 387-5940 (909) 387-5968 Completed 2008 Original Contract $911,488.00 r 1 M .., 113.Westmister H.S. Parking Lot Huntington Beach U.H.S.D 5832 Bolsa Ave., Huntington Beach, Ca 92646 Contact: Celia Taylor (714)903-7000 (714)372-8105 Completed 01/09 $854,832.00 114.1000 Palms Community Park Riverside County Redevelopment C/O Ian Davison Landscape Architecture, Inc. 3744 Tenth St. Suite 200 Riverside, Ca 92501 Contract: Ian Davison (951) 683-1282 (951) 683-4352 Completed 12/08 $ 775,000.00 115.Centennial H.S. Softball Park Compton U.S.D C/O DelTerra 13181 Crossroads Pkwy North Ste. 200 City of Industry, CA 91746 Contact: Lisa Estrada (626) 839-9300 (626)592-3595 Completed 11/08 $310,000.00 116.Moorpark College Walkway Ventura Community College C/O Heery 103 Durley Avenue Camarillo, Ca 93010 Contact: Dick Jones (805) 384-8152 (805)384-8155 Completed 12/08 $359,956.00 20A-67 117.Sky Water Trail Sidewalk City of Cathedral City 68-700 Avenida. Lalo Guerrero Cathedral City, CA 92234 Contact: Mitchell J. Nieman (760) 770-0348 (760) 202-1460 Completed 10/08 $143,021.00 118.Playfzeld Expansion Pomona Unified School District 800 S. Garey Ave Pomona, Ca 91766 Contact: Ava Hill (909) 397-4800 (909) 397-5050 Completed 11/2008 Original Contract $257,205.00 119.13anning Parking Lot City of Banning 99 E. Ramsey Street Banning, Ca 92220 Contact: Holly Stuart (951)922-3138 (951)922-3141 Completed 12/08 $961,941.00 120.13all Jr. High Concrete Anaheim Unified School District 501 Crescent Way Anaheim, Ca 92803 Contact: Ralph Figueroa (714) 999-2188 (714)520-5741 Completed 8/2008 $198,698.00 121.Slauson Ave Median Los Angeles County 900 South Fremont Ave 8th Floor Alhambra, Ca 91803 Contact: Irma V. Serna (626)458-4951 (626)458-2197 Completed 08/2008 $ 698,729.00 417 122.Cypress St. Improvement City of Highland 27215 Base Line Highland, Ca 92346 Contact: Etta R. Pulce (909) 890-1255 (909) 890-0995 Completed 09/09 Original Contract $437,389.00 123. Huntington Beach HS Tennis Courts Huntington Beach Union High School District 5832 Bolsa Ave Huntington Beach, Ca 92649 Contact: Celia Taylor (714) 903-7000 (714)372-8105 Completed 03/2009 $1,475,370.00 124. Downtown Infrastructure City of Indio 100 Civic Center Mall Indio, Ca 92201 Contact: Mariano Aguire (760) 541-4230 (760)391-4021 Completed 09/2009 $3,550,000.00 125.Soecer Field Beverly Hills Unified School District 255 S. Lasky Drive Beverly Hills, Ca 90212 Contact: Arturo Arce (310) 550-8049 (310) 551-0287 Completed 05/2009$363,935.00 126.Community Services Parking Lot City of Westminster 8200 Westminster Boulevard Westminster, Ca 92683 Contact: Jake Ngo (714) 898-3311 (714) 895-4499 Completed 10/09 Original Contract $237,314.00 20A-69 127.Veterans Park Sports City of Colton 650 N. La Cadena Dr Colton, Ca 92324 Contact: Thomas I Williams (909)370-5099 Completed 11/2009 $3,046,000.00 128. South Laguna Streetseape City of Laguna Beach 505 Forest Ave Laguna Beach, Ca 92651 Contact: Lisa M. Perna (949)497-0792 Completed 11/2009 $848,282.00 129. Challenger Youth. Center County of Los Angeles 900 South Fremont Avenue Alhambra, Ca 91803 Contact: Brian Soria (626)459-5100 Completed 06/09 Original Contract $101,294.00 130. Tierra Bonita Park City of Lancaster 44933 Fern Avenue Lancaster, Ca 93534 Contact: Jon H Manager (661) 723-6000 Completed 07/09 Original Contract $101,294.00 131. Marina High School Courts Huntington Beach U.H.S,D 5832 Bolsa Ave Huntington Beach, Ca 92649 Contact: Celia Taylor (714) 903-7000 Completed 10/2009 $1,268,639.00 20A-70 132.Thundersky Park City of Riverside 3900 Main Street Riverside, Ca 92522 Contact: Andy Emery (951) 826-5311 Completed 10/2009 $1,259,000.00 1.33.Mary Van Dyke Park City of South El Monte 1415 N. Santa Anita Avenue South El Monte, Ca 91733 Contact: Norma Macias (626) 579-6540 Completed 1.2/2009 $1,259,000.00 134.Prime Desert Pavilion City of Lancaster 44933 Fern Ave Lancaster, Ca 93534 Contact: Neal Knopik (661)72-6000 Completed 10/2009 $145,674.00 135.Robinson Park City of Pasadena 100 North Garfield Avenue Pasadena, Ca 91109 Contact: Steven L. Wright (626) 744-7389 Completed 12/2009 $ 2,459,699.00 136.Westminster H.S. South Parking Lot Huntington Beach Union High School District 5832 Bolsa Avenue Huntington Beach, Ca 92649 Contact: Celia Taylor (714)903-7000 Completed 10/2009 $ 1,065,526.00 137.Huntington Beach H.S. Fire lane Huntington Beach Union High School District 5832 Bolsa Ave Huntington Beach, Ca 92649 Contact: Nelson Cayabyab (714)903-7000 Completed 10/2009 $664,687.00 20A-71 138. Villa & Singer Restroons City of Pasadena 100 North Garfield Avenue Pasadena, Ca 91109 Contact: Steven L. Wright (626) 744-7389 Completed 7/2010 $458,855.00 139.Lake Skinner Improvements Riverside County Regional Park & Open - Space District 4600 Crestmore Rd Riverside, Ca 92509 Contact: Jason Plotkin (951)955-0169 (951)955-1383 Completed 7/2010 $4,162,378.55 140.West Downtown Pedestrian Improvement City of Santa Barbara 630 Garden Street Santa Barbara, Ca 93102 Contact: Eric Maple (805) 564-5377 (805) 897-2613 Completed 04/2011 $2,299,220.00 141.Fairmount Park Universal Play Area City of Riverside 3900 Main Street Riverside, Ca 92522 (951)826-2000 (951) 826-2005 Contact: Andy Emery Completed 06/2010 $2,207,907.00 142.Palm Dr & Pierson Streetseape City of Desert Hot Springs 65-950 Pierson Blvd Desert Hot Springs (760) 329-6411 (760) 288-0606 Contact: Jonathan Joy Completed 06/2010 $3,221,889.93 20A-72 143.Eastside Box & Woodward Parks City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, Ca 92885 Steve Campbell (714)961-7168 Completed 06/2010 $1,067,515.41 144.Peck Park City of Los Angeles 1149 South Broadway Los Angeles, Ca 90015 (213) 8474922 Contact: Mary Carter Completed 09/11 Original Contract $3,636,946.00 145.Pioneer High School Sitework — Quad Whittier Union High School District 9401 S Painter Ave Whittier, Ca 90605 (562)698-8121 Contact: Stephanie Rutembeck Completed 09/2010 Original Contract $1,088,487.00 146. El Toro Park Renovation City of Lake Forest 25550 Commercentre Dr Suite 100 Lake Forest, Ca 92630 (949)461-3400 Contact: Luis Estevez Completed 09/2010 Original Contract $ 563,681.00 147. Van Wig Courtyard Renovation Bassett Unified School District 904 N. Willow Ave La Puente, Ca 91746 (626)839-9300 Contact: Wilson Vasconez Completed 10/2010 Original Contract $ 648,276.00 20A-73 148. Hunter Hobby Park City of Riverside 3900 Main St Riverside, Ca 92522 (951)826-2012 (951) 826-2038 Contact: Ewina Lau Completed 12/2011 Original Contract $4,754,813.00 149. Costa Mesa High School Newport — Mesa Unified School District 2985 — A Bear Street Costa Mesa, Ca 92626 (714)424-5000 Contact: James Lamond Completed: 09/201.0 Original Contract $ 369,072.00 150, Sepulveda Basin Sports Complex City of Los Angeles 221 N. Figueroa St. Ste 1510 Los Angeles, Ca 90012 (213)202-2640 Contact: Mary E Alvarez Completed 01/2012 Original Contract $ 7,301,548.00 151. Corona Del Mar high School Newport Mesa Unified School District 2985 —A Bear Street Costa Mesa, Ca 92626 (714)424-5000 Contact: Jeffery Trader Completed 02/2011 $916,155.00 152. Multi -Site Track & Field Improvements Huntington Beach Unified H.S.D. 5832 Bolsa Ave Huntington Beach, CA 92649 (714) 903-7000 x 4359 Contact: Celia Taylor Completed 05/2011 3,208,884.00 20A-74 153.Atwater Park City of Los Angeles 221. N Figueroa Street Los Angeles, Ca 90012 (213)202-2640 Contact: Mary E Alvarez Completed 12/2011 Original Contract: 2,170,632,00 154.Pier Bowl Lighting City of San Clemente 910 Calle Negocio San Clemente, Ca 92673 (949)361-8267 Contact: Tim Shaw Completed 07/11 Original Contract: 1,326,322.00 155.411 Avenue Park County of Los Angeles 4800 Cesar E Chavez Avenue Los Angeles, Ca 90022 (323) 260-3449 Contact: Jeffrey Biben Completed 5/12 Original Contract: 3,866,188.00 1.56. College Park City of Oxnard 1060 Pacific Avenue Oxnard, Ca 93030 (805) 385-7821 Contact: Ralph Alamillo Completed 1/12 Original Contract: 11,056,475.00 157.Doty Trust Park City of Riverside 3900 Main Street Riverside, Ca 92522 (951) 826-2000 Contact: Andy Emery Completed 5/12 Original Contact: $3,531,462.00 20A-75 158.Gibson Mariposa Park City of El Monte 11333 Valley Blvd El Monte, Ca 91731 (626)580-2058 Contact: James Enriquez Completed 01/12 Original Contract 2,905,629.00 159.Huntington Beach High School Athletic Field Imp Huntington Beach Union High School District 5832 Bolsa ave Huntington Beach, Ca 92649 (714)903-7000 Contact: Celia Taylor Completed 12/2011 Original Contract $ 2,235,567.00 160.Cucamonga Elementary School Site Imp Cucamonga School District 8776 Archibald Ave Rancho Cucamonga, Ca 91730 (909)484-1009 Contact: Lynn Ashton Completed 08/11Original Contract: $212,426.00 161.Costa Mesa High School Paving & Landscape Newport — Mesa Unified School District 2985 — A Bear Street Costa Mesa, Ca 92626 (714)424-5079 Contact: Jeffery Trader Completed 09/11 Original Contract $ 467,692.00 162.Don Julian Elementary Path of Travel Basset Unified School District 904 N Wilson Ave La Puente, Ca 91746 (626)931-3000 Contact: Wilson Vasconez Completed 08/11 Original Contract $ 779,654.00 20A-76 163.Atlantis Splash Pad City of Garden Grove 11222 Acacia Parkway Garden Grove, Ca 92842 (714)741-5040 Contact: Sandra Segawa Completed 03/12 Original Contract $ 668,192.00 164.Costa Mesa H.S. Utilities Newport — Mesa Unified School District 2985 —A Bear Street Costa Mesa, Ca 92626 (714)424-8950 Contact: Craig P. Scaringi Completed 09/11 Original Contract $ 1,215,274.00 165.Copper Hill Park County of Los Angeles 900 South Fremont Ave Alhambra, Ca 91803 (626)300-2329 Contact: Claire Chang Completed 5/2012 Original Contract $ 795,555.00 166.Florenee Ave. Parking Lot County of Los Angeles Community Development Commission 1616 E. Florence Ave Los Angeles, Ca 90001 (323) 864-2574 Contact: Chen Kao Completed 1/2012 Original Contract $364,104.00 167. Full Half Width County of San Bernardino 222 W. Hospitality Lane San Bernardino, Ca 92415 (909)386-8775 Contact: Arthur L Rivera Completed 10/2012 Original Contract $ 2,696,336.00 20A-77 168.Tequesquite Park Imp. City of Riverside 3900 Main St Riverside, Ca 92522 (951) 826-2000 Contact: Andy Emery Completed 6/2013 Original Contract $7,016,220.00 169.Arlington H.S. Field Upgrades Riverside Unified School District 3380 14th Street Riverside, Ca 92501 951-352-6729 Contact: Chenchira (Jane) Jumnongslip Completed 11/2012 Original Contract $3,092,452.00 170.Roosevelt II Elementary School San Bernardino City Unified School District 777 N. F Street San Bernardino, Ca 92410 909-384-1785 Contact: Andres Ramirez Completed 12/12 Original Contract $1,088,938.00 171.Poly High School — Stadium Improvements Riversde Unified School District 3380 14`h Street Riverside, Ca 92501 951-788-7147 Contact: Janet Dixon Completed 01/12 Original Contract $1,223,921.00 172.Monterey Ave Entrance Desert Community College District 43-500 Monterey Ave Palm Desert, Ca 92260 760-346-8041 Contact: Karen LeSassier Completed 08/2013 Original Contract $1,201,040.00 20A-78 173.North Campus Front Quad Landscape Long Beach Community College District 4901 East Carson Street Long Beach, Ca 90808 562-938-4947 Contact: Margie Padron Completed 5/2013 Original Contract $2,271,564.25 174.Magnolia high School Anaheim Union High School District 501 Crescent Way Anaheim, Ca 92803 714-999-3511 Contact: Jennifer Ellmore Completed 12/2012 Original Contact $1,427,100.00 175. Fitness Park City of Paramount 16400 Colorado Avenue Paramount, Ca 90723 562-220-2000 Contact: Bill Pagett Completed 4/2013 Original Contact $3,767,348.23 176. Bagdouma Park City of Coachella 1515 Sixth St Coachella, Ca 92236 760-398-5744 Contact: Gordon Fisher Completed 4/2013 Original Contract $2,447,971.00 177. Hwy 18 Imp Town of Apple Valley 14955 Dale Evans Pkwy Apple Valley, Ca 92307 760-240-7000 Contact: Christopher Moore Completed 4/2013 Original Contract: $967,933.41 20A-79 178.Valley College San Bernardino Valley College District 114 S. Del Rosa Dr San Bernardino, Ca 92408 Contact: Charlie NG 909-382-4000 Completed 4/2013 Original Contract: $1,356,776.00 179.Orange Grove Park Community Development Commission County of Los Angeles 700 W. Main St Alhambra, Ca 91801 (323) 260-3449 Contact: Jeffrey Biben Completed 01/14 Original Contract: $1,756,889.72 180.1) Street Improvements City of Perris 101 N D Street Perris, Ca 92570 Contact: Michael Morales 951-956-2120 Completed 11/2013 Original Contract: $ 1,723,873.60 181.Chittiek Field City Of Long Beach 333 West Ocean Blvd 10`h Floor Long Beach, Ca 90802 Contact: Marily Surakis 562-570-6283 Completed 5/2014 Original Contract: $7.1 MM 182.Avocado Heights Trail County of Los Angeles 900 S Fremont Ave Alhambra, Ca 91803 Contact: Irma Vasquez 626-458-4951 Completed 7/2014 Original Contract: $4,038,400.00 r1 M :1 183.Rimrock Road City of Barstow 220 E Mountain View Street Barstow, Ca 92311 Contact: JoAnne V. Cousin 760-256-3531 Completed 2/1014 Original Contract: $ 7,547,936.24 184. Median Improvements Town of Yucca Valley 58928 Business Center Dr Yucca Valley, Ca 92284 Contact: Alex Qishta 760-369-6579 Completes 5/2014 Original Contract: $2,161,147.00 185. Cedar Avenue County of San Bernardino 825 E. Third St San Bernardino, Ca 92415 Contact: Johnny Gayman (909)387-8104 Completed 06/2014 Original Contract: $ 811,969.00 186. Rexford Intersection Imp. City of Beverly Hills 455 N. Rexford Drive Beverly Hills, Ca 90210 Contact: Alan Schneider (310) 285-2400 Completed 5/2014 Original Contract: $ 396,624.00 187.CDBG Sidewalk Imp City of Corona 400 S. Vicentia Avenue Corona, Ca 92882 Contact: Barry Ghaemi (951) 739-4961 Completed 7/2014 Original Contract $422,893.00 20A-81 188. W. San Grabriel River City of Lakewood 5050 N. Clark Ave Lakewood, Ca 90714 Contact: Kimberly McDowell 562-866-9771 Completed 11/2014 Original Contract $912,903.00 189. Royal High School Track & Field Simi ValleyU.S.D 875 E. Cochran St Simi Valley, Ca 93065 Contact: Pedro Avila 805-306-4500 Completed 11/2014 Original Contract $1,845,235.00 190. Curb & Sidewalk Imp City of Rialto 335 W. Rialto Ave Rialto, Ca 92376 Contact: Marcus L. Puller 909-820-2525 Completed 1.0/2014 Original Contract $ 407,827.00 191. Ballfield No.S City of Buenaventura 501 Poli Street Ventura, Ca 93002 Contract: Melissa Yanez 805-654-7870 Completed 11/2014 Original Contract $ 610,809.62 192.Oso Parkway Widening City of Mission Viejo 200 Civic Center Mission Viejo, Ca 92691 Contact: Kimberly Schmitt 949-470-3052 Completed 7/2015 Original Contract $ 3,481,376.71 20A-82 193. East Village Park City of Oxnard 1060 Pacific Ave Oxnard, Ca 93030 Contact: Ralph Alamillo 805-385-7821 Completed 512015 Original Contract $ 1,396,440.00 194. Crown Valley Community Park City of Laguna Niguel 30111 Crown Valley Parkway Laguna Niguel, Ca 92677 Contact: Hal Ghafari 949-362-4384 Completed 8/2015 Original Contract $4,599,485.88 195. Roxbury Park City of Beverly Hills 345 Foothill Road Beverly Hills, Ca 90210 Contact: Alan Schneider 310-285-1188 Completed 5/2015 Original Contract $996,626.00 196. Whitewater Park City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, Ca 92234 Contact: John A. Corella 760-770-0340 ' Completed 8/2015 Original Contact $ 2,499,241.00 197.Rutiand & Gramercy Streets City of Riverside 3900 Main St. Riverside, Ca 92522 Contact: Danny Cwiak 951-826-5341 Completed 04/2015 Original Contract $368,657.00 r1M 198. D Street Imp. Phase 6 City of Perris 101 N. D Street Perris, Ca 92510 Contact: Michael Morales 951-956-2120 Completed 05/2015 Original Contract: $495,498.20 199. Grijalva Park City of Orange 300 E. Chapman Ave Orange, Ca 92866 Contact: Don Esquitz 714-532-6464 Completed 04/2015 Original Contract $ 337,809.00 200. La Mirada Blvd Median Nose Imp. City of La Mirada 13700 La Mirada Blvd. La Mirada, Ca 90637 Contact: Lori Wolfe 562-943-0131 Completed 5/2015 Original Contact $ 290,578.00 201.. Lynwood Linear Park City of Lynwood 11330 Bullis Rd Lynwood, Ca 90262 Contact: Bruno Naulls 310-603-0220 Ext253 Completed 10/2015 Original Contract $ 4,683,273.00 202. Civic Center Conservation Park City of Ontario 303 East B. Street Ontario, Ca 91764 Contact: Carolyn Bell 909-395-2622 Completed 9/2015 Original Contract $ 1,985,083.00 203.Orange Splash Pad Zone City of Paramount 16400 Colorado Ave Paramount, Ca 90723 Contact: Sarah Ho 562-220-2000 Completed 9/2015 Original Contract $591,701.00 204. Perris Sound Wall Perris Elementary School District 143 East I" Street Perris, Ca 92570 Contact: Gloria Gonzales 951-657-3118 Completed 8/2015 Original Contract $ 558,772.00 205.Calipatria Capital Imp. City of Calipatria 140 West Main St Calipatria, Ca 92233 Contact: Jack 760-337-3883 Completed 8/2015 Original Contract $643,784.00 206.Oxford Retention Basin County of Los Angeles 900 S. Fremont Ave Alhambra, Ca 91803 Contact: Rick Sun 626-458-5911 Completed 6/2016 Original Contract $8,004,089.00 207.Beverly hills Concrete, Curb & Gutter City of Beverly Hills 345 Foothill Rd Beverly Hills, Ca 90210 Contact: Tristan D Malabanan 310-285-2512 Completed 3/2016 Original Contact $ 996,981.00 410 208.Ridgecrest Corp. Yard City of Ridgecrest 100 W. California Ave Ridgecrest, Ca 93555 Contact: Mike Bustos 760-499-5083 Completed 5/2016 Original Contract $869,734.00 209. Los Feliz Dr. Sidewalk City of Thousand Oaks 2100 Thousand Oaks Blvd Thousand Oaks, Ca 91362 Contact: Mike Tohidian 805-449-2400 Completed 6/2016 Original Contact $881,446.00 210. Via Verde Avenue City of San Dimas 245 East Bonita Avenue San Dimas, Ca 91773 Contact: Steve M. Farmer 909-394-6200 Completed 7/2016 Original Contract $766,956.00 211. Pearbloosom Park County of Los Angeles 900 S. Fremont Ave Alhambra, Ca 91803 Contact: David Palma 626-458-2180 Completed 8/2016 Original Contract $1,082,272.00 212.Orange Blossom Trail City of Redlands 35 Cajon Street Redlands, Ca 92373 Contact: Gregory Brooks 909-798-7698 Completed 8/201.6 Original Contract $692,783.00 41 213. Multi Parks City of Oxnard 305 West Third Street Oxnard, Ca 93030 Contact: Ralph Alamillo 805-385-7803 Completed 6/2016 Original Contract $588,097.00 214. Paramount Blvd, Urban Renovations City of Paramount 16400 Colorado Ave Paramount, Ca 90723 Contact: Bill Paget 562-220-2108 Completed 8/2016 Original Contract $3,316,40995 215. HRPP Grant Parks City of Indio 100 Civic Center Mall Indio, Ca 92201 Contact: Mike Edgar 760-391-4000 Completed 6/2016 Original Contract $1,069,040.00 216. CDBG Sidewalk Imp. City of Corona 400 S. Vicentia Ave Corona, Ca 92882 Contact: Barry Ghaemi 951-739-4961 Completed 7/2016 Original Contract $746,235.00 217, Tierra Bonita Park City of Lancaster 44933 Fern Ave Lancaster, Ca 93534 Contact: John Loomis 661-723-6237 Completed t0/2016 Original Contract $514,032.30 20A-87 218. Richmar Park City of San Marcos 201 Mata Way San Marcos, Ca 92069 Contact: Michael Edwards 760-744-1050 Completed 02/2017 Original Contract $1,617,252.00 219. Landmark / Mountain View R & R Moreno Valley Unified School District 25634 Alessandro Blvd Moreno Valley, Ca 92553 Contact: Veronica Castro 951-571-7679 Completed 11/2016 Original Contract $505,303.00 220. Drake Chavez Park City of Long Beach 333 W. Ocean Blvd 7"' Floor Long Beach, Ca 90802 Contact: Teri Luce 562-570-6200 Completed 5/2017 Original Contract $2,474,478.00 221. Moreno Valley H.S. Fencing Moreno Valley Unified School District 25634 Alessandro Blvd Moreno Valley, Ca 92553 Contact:Josie H. Ripoly 951-571-7500 Completed 5/2017 Original Contract $2,564,296.00 222. Carolyn Rosas Splash Pad County of Los Angeles 900 S. Fremont Ave Alhambra, Ca 91803 Contact: Loydi Nguyen 626-458-5100 Completed 10/2017 Original Contract $ 1,244,194.00 223. Los Robles Splash Pad County of Los Angeles 900 S. Fremont Ave Alhambra, Ca 91803 Contact: Loydi Nguyen 626-458-5100 Completed 10/2017 Contract $ 1,192,048.00 224. Mojave Riverwalk Town of Apple Valley 14955 Dale Evans Pkwy Apple Valley, Ca 92307 Contact: Richard Pederson 760-240-7000 Completed 2/2017 Original Contract $750,623.25 225. Futsal Court City of Paramount 16400 Colorado Ave Paramount, Ca 90723 Contact: Bill Pagett 562-220-2108 Completed 5/2017 Original Contract $442,709.00 226. Digiorgio Action Park City of Arvin 200 Campus Dr. Arvin, Ca 93203 Contact: Adam Ojeda 661-854-3134 Completed 2/2017 Original Contract $454,911.00 227. Paradise Creek Educational Park City of National City 1243 National City Blvd National City, Ca 91950 Contact: Stephen Manganiello 619-336-4241 Completed 8/2017 $612,243.00 r1 M •• 228. Firebaugh H.S. & Lynwood Middle School Lynwood Unified School District 11321 Bullis Road Lynwood, Ca 90262 Contact: Cecilia Ginoza 626-839-9300 Completed 7/2017 $1,812,083.00 229. Jack Bulik Courtyard City of Fontana 16489 Orange Way Fontana, Ca92335 Contact: Luis Villalobos 909-350-6696 Completed 5/2017 $566,583.00 230. Southwinds Park City of Oxnard 305 W. Third St. Oxnard, Ca 93030 Contact: Renee Hatcher 805-200-5289 Completed 8/2017 $933,120.00 231. Main St. Lighting Imp. City of El Centro 1275 Main St. EL Centro, Ca 92243 Jack Fleming 760-337-4515 Completed 8/2017 $1,799,971.00 232. Miles Ave Park City of Indio 100 Civic Center Mall Indio, Ca 92201 Contact: Mike Edgar 760-391-4000 Completed 8/2017 Original Contract $1,311,487.00 20A-90 233. Kellogg Park Trust for Public Land 135 W. Green Street 2"d Floor Pasadena, Ca 91105 Edna Robidas 323-223-0441 Completed 1/2018 $2,044,438.00 234. Various Parks Improvements City of Pomona 505 S. Garey Ave Pomona, Ca 91769 Dan Drake 909-620-2261 Completed 11/2017 $1,124,520.00 235. O'Farrell Charter School — Whole Site Modernization San Diego Unified School District 2351 Cardinal Lane San Diego, Ca 92123 Contact: Judith Stark 858-522-5864 Completed 9/2018 $2,817,474.00 236. Julian Fisher Park City of Monrovia 415 S. Ivy Avenue Monrovia, Ca 91016 Contact: Lauren Marshall 626-932-5575 Completed 11/2017 $474,635.00 237. Windrow Dog Park City of Oxnard 305 W. Third St Oxnard, Ca 93030 Contact: Renee Hatcher 805-200-5289 Completed 11/2017 $320,181.00 20A-91 238. Wash Stabilization City of Lake Havasu City 2330 McCulloch Blvd N. Lake Havasu City, AL 86403 Contact: Diane Libby 928-854-0779 Completed 6/2018 $3,256,325.00 239. Cordova Park Lighting Renovation City of Mission Viejo 200 Civic Center Mission Viejo, Ca 92691 Contact: Jerry Hill 949-470-3085 Completed 3/2018 $181,710.00 240. North Beach Playground City of Santa Monica 1685 Main Street Santa Monica, Ca 90401 Contact: Marcelo Serrano 310-458-2205 Completed 8/2018 $1,824,677.00 241. Brookhurst Security Fence Anaheim Union High School District 501 Crescent Way Anaheim, Ca 92803 Contact: Jennifer Keys 714-999-2380 Completed 4/2018 $673,507.00 242. Bus Bench Shelter Imp. City of Redondo Beach 415 Diamond St. Redondo Beach, Ca 90277 Contact: Nik Boas 310-318-0661 Complete 7/2018 $800,341.00 20A-92 243. Wells Arlanza Sidewalks City of Riverside 3900 Main Street Riverside, Ca 92522 Contact: Alex Ramirez 951-826-5294 Completed 9/2018 $1,578,520.00 244. Torrance Splash Pad City of Torrance 3031 Torrance Blvd Torrance, Ca 90509 Contact: Nina Schroeder 310-781-7140 Completed 9/2018 $892,095.00 245. Civic Center & Community Center Imp. City of Stanton 7800 Katella Ave Stanton, Ca 90680 Contact: Guillermo Perez 714-379-9222 Completed 9/2018 1,179,072.00 246. Buena Park HS Stadium Fullerton Joint Union High School District 1051 W. Bastanchury Rd Fullerton, Ca 92833 Contact: Maria Rafael 714-870-2819 Currently Working on $13,80t,330.00 247. Hollister/Kellogg Park City of Goleta 130 Cremona Dr. Goleta, Ca 93117 Contact: JoAnne Plummer 805-562-5505 Completed 3/2019 $3,592,171.00 20A-93 248. Clover Park Restroom Replacement City of Santa Monica 1685 Main Street Santa Monica, Ca 90401 Contact: Marcelo Serrano 310-458-2205 Currently Working on $2,101,827.00 249. Laguna Beach Village Entrance City of Laguna Beach 505 Forest Avenue Laguna Beach, Ca 92651 Contact: Robert Echavarria 949-497-9000 Ext 252 Completed 5/2019 $8,432,668.00 250. Alpine Park City of Los Angeles 221 N. Figueroa St. Los Angeles, Ca 90012 Contact: Javier Gonzalez 213-847-4725 Currently working on $6,388,000.00 251. South Victoria Park Land for Public Trust 135 W. Green St Pasadena, Ca 91105 Contact: Edna Robidas 323-223-0441 Ext 15 Currently Working on $1,247,927.00 252. Lake Havasu Ave Reconstruction City of Lake Havasu City 2330 McCulloch Blvd N. Lake Havasu City, AZ 86403 Contact: Shannon Blakey 928-854-0779 Currently Working on $3,570,372,59 20A-94 2.53. Commons heritage Park City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, Ca 92234 Contact: John A Corella 760-770-0360 Currently Working on $1,666,567.00 20A-95 'wI sue, 4 � � u7 CL C b N n ] 1f✓ "tip b c dj L M m y ro N :3 a N V dIA � c b c ro ro CD �O .ac ub V) � a CL u a L. a a) o G c b rL W ro s ��l w a man* awwwwwaso �wwrw�wwww���w�e� C.S. LEGACY CONSTRUCTION. 4NC Please Reference Section 321443 1.3 A Laguna Beach Village Entrance Phase 1 City of Laguna Beach 505 Forest Avenue Laguna Beach, Ca 92651 Contact: Robert Echavarria rechavarria@griffinstructures.com 949-497-9000 Ext 252 Completed 5/2019 $8,432,668.00 General Contractor — C.S. Legacy Construction, Inc. 1704 Unit B. S Grove Ave Ontario, Ca 91761 909-590-2626 Contact: Gregg Strumpf RIM @7 cMlcgacy.ra t Hollister/Kellogg Park . City of Goleta 130 Cremona Dr. Goleta, Ca 93117 Contact: JoAnne Plummer jplummer@cityofgoleta.org 805-562-5505 Completed 3/2019 $3,592,171.00 General Contractor — C,S. Legacy Construction, Inc. 1704 Unit B. S Grove Ave Ontario, Ca 91761. 909-590-2626 Contact: Gregg Strumpf grgg c cslegaov.rlet 1704 S. Grove Avenue Unit B, Ontario, CA 91761 (909) 590-2626 (909) 590-4117 fax 20A-97 w wa�wla�i�1 NNEWENNINIK f■ri!■anwow G.S. LEGACY CONSTRVeTtON. [NtL Civic Center & Community Center Imp. City of Stanton 7800 Katella Ave Stanton, Ca 90680 Contact: Guillermo Perez C3>�erez ci,�tanton.�a.us 714-379-9222 Completed 9/2018 1,179,072.00 General Contractor — C. S. Legacy Construction, Inc. 1704 Unit B, S Grove Ave Ontario, Ca 91761 909-590-2626 Contact: Gregg Strumpf re g&S—le acv.net Lake Havasu Ave Reconstruction City of Lake Havasu City 2330 McCulloch Blvd N. Lake Havasu City, AZ 86403 Contact: Shannon Blakey BlakeyS cr ]hcaz.gov 928-854-0779 Currently Working on $3,570,372,59 General Contractor— C.S. Legacy Construction, Inc. 1704 Unit B. S Grove Ave Ontario, Ca 91761 909-590-2626 Contact: Gregg Strumpf &ggg@osle aov.net 1.704 S. Grove Avenue Unit B, Ontario, CA 91761 (909)590-2626 (909)590-4117 fax r1M •• CITY OF SANTA ANA EXHIBIT 4 CONSTRUCTION CONTRACT PROJECT 17-2674 CENTER STREET URBAN GREENING PROJECT This CONSTRUCTION CONTRACT is made and entered into this 16`h day of July, 2019.by slid between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and C.S. Legacy Construction, Inc. (hereinafter "CONTRACTOR'). WY17N.ESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Center Street Urban Greening Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in Rill payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nine Hundred Ninety Thousand Seven Hundred Forty-three and Five Cents ($990,743.05), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. wv.09/01/2017 Page 1 of 20A-99 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL. (Exhibit "A") including connnencing construction witbin the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more folly described in the CWA. The CWA may be found on the City's website at: htti)://www.saiita-an,i.or2/t)wa/documentsfCWA.jv3 shall, after award of this Contract, firrnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (1001/6) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to .Five Hundred Thousand. Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10"%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 20A-100 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year test above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of'the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: I IN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR; C.S. Legacy Construction, Inc. NAMErr TITLE: 20A-101 Page 3 of 3 20A-102 EXHIBIT 5 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO, 17-2674: CENTER STREET URBAN GREENING Construction Contract $ 990,743.05 Contract Administration $ 53,611.95 Ins ection and Testing $ 95,000.00 Contingencies $ 99,075.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,238,430.00 20A-103 20A-104 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: AMEND THE FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT PROGRAM AND AWARD A CONSTRUCTION CONTRACT TO VIDO SAMARZICH, INC., IN THE AMOUNT OF $495,750 FOR THE LOCAL STREET CURB RAMP IMPROVEMENTS PROJECT ESTIMATED DELIVERY COST: $619,708 (PROJECT NO 20-7532) (STRATEGIC PLAN NOS. 6, 1B AND 1G) —CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program adding the Local Street Curb Ramp Improvements Project and $619,708 in Community Development Block Grant funding. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $495,750, for construction of the Local Street Curb Ramp Improvements Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $619,708, which includes $495,750 for the construction contract, $74,383 for contract administration, inspection and testing, and a $49,575 project contingency (approximately 10% of the construction contract amount), paid with Community Development Block Grant funding. DISCUSSION On June 18, 2019, the City Council approved the Fiscal Year 2019-20 Community Development Block Grant (CDBG) Program (Exhibit 1). The $2,150,323 CDBG allocation for the Public Works Agency included $620,000 for the installation of ADA curb ramps at various locations in the City of Santa Ana, adjacent to the Walker, Martin, Madison, Fremont, and John Adams Elementary Schools, and at Edna Park (Exhibit 2). Improvements include replacement of damaged and 23A-1 Award Contract to Vido Samarzich, Inc. for Local Street Curb Ramp Improvements Project July 16, 2019 Page 2 deteriorated concrete sidewalk; and installation of curbs, gutters, and wheelchair ramps. The work will be performed on an as -needed basis. Also at the June 18, 2019, City Council Meeting, Council approved the Fiscal Year 2019-20 Capital Improvement Program (CIP). Approval of this recommended action will add the Local Street Curb Ramp Improvements Project to the Fiscal Year 2019-20 CIP so that project construction can begin as soon as possible (Exhibit 3). Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register on May 3 and 10, 2019, and bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on May 21, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 126 vendors, including 5 located in the City of Santa Ana, were notified of the project via PlanetBids. 26 vendors requested bidding documents and five bids were received, including one from a Santa Ana contractor. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Vido Samarzich, Inc. Rancho Cucamonga $495,750 2 L.C. Paving & Sealing, Inc. Escondido $515,000 3 EBS General Engineering Inc. Corona $523,000 4 Hardy & Harper, Inc. Santa Ana $551,000 5 Gentry General Engineering Inc. Rancho Cucamonga $627,250 All five bids received were deemed responsive. Vido Samarzich, Inc., submitted the lowest responsive bid in the amount of $495,750 (Exhibit 4). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Vido Samarzich, Inc., in the amount bid (Exhibit 5). Project Delivery In order to deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection 23A-2 Award Contract to Vido Samarzich, Inc. for Local Street Curb Ramp Improvements Project July 16, 2019 Page 3 includes construction management, implementation of the City's Community Workforce Agreement requirements, inspection of the Contractor's work to ensure contract compliance, workmanship, and quality and material testing. As indicated in the Cost Analysis (Exhibit 6) and as summarized in the table below, the estimated total construction delivery cost of the project is $619,708. Construction Contract $495,760 Construction Administration, Inspection, and Testing $74,383 Contingencies $49,575 ESTIMATED CONSTRUCTION DELIVERY COST $619,708 Project funds will cover all staffing costs for delivery of this capital project. No additional or separate funding will be used. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users).; and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment (e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-57 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 6), the estimated total construction delivery cost of the project is $619,708, which includes construction, contract administration, inspection, testing, design engineering, and an authorized contingency of $49,575. The following table summarizes the funds available and funds to be incorporated into the Fiscal Year 2019-20 Capital Improvement Program to deliver construction of this project: 23A-3 Award Contract to Vido Samarzich, Inc. for Local Street Curb Ramp Improvements Project July 16, 2019 Page 4 Accounting Unit — Accounting Unit - Account Fiscal Year Account No. Fund Description No. Description Amount (Project No. 13518783-66220 Community CDBG Programs - FY 2019-20 (20-7532) Development Improvements Other Than $619,708 Block Grant Buildings Total $619,708 APPROVED AS TO FUNDS AND ACCOUNTS: n Fuad S. S eiss, PE, PLS Kathryn Downs, CPA Executive irector Executive Director Public Wor t Agency Finance and Management Services Agency FSS/TC/MO Exhibits: 1. FY 2019-20 CDBG Funding Plan (Approved June 18, 2019) 2. Location Map 3. Amended FY 2019-20 CIP Project Sheet 4. Bid 5. Construction Contract 6. Cost Analysis 23A-4 EXHIBIT 1 PROGRAM APPROVED REQUESTED APPROVED FY 18-19 FY 19-20 FY19.20 ADMINISTRATION S, PLANNING $ 1,163,391 $ 1,140,230 Adninlstration and Planning 1,101,150 1.080.230 Fair Housing 62,241 60,000 CODE ENFORCEMENT $ 815,644 $ 790,664 Community Preservation Code Enforcement 765.664 765,664 Community Preservation Legal Services 49.980 25,000 ECONOMIC DEVELOPMENT $ 72,926 $ 72,926 New Business Start -Up 72,920 72,926 NONPROFIT PUBLIC SERVICES $ 872,543 $ 872,543 Achievemnellns$hdeofScientiflo Studes - - ALSI 61,557 America on Track 45,000 45,000 BoysBG&Clubof Santa Ana - 40.000 Charitable Ventures of OC - 30.000 Community Action Partnerships 30,D00 Community Health lniLat!W Orange County 38,499 30.000 Count Appointed Special Advocates - 30,000 Dell Center (Family Economic Success lnTaare) 71.568 93,205 DeN Center (Teem Engaged In Learning and Leadership) 58,776 68.461 Dell Center/AL81 - 61,557 Heatage Museum of Orange County - 31.320 Legal Aid Society of00(Clean Stale Prgect) 44,227 - Legal Aid Society ofOC (Domestic Vlolenm Pmventlon Project) 36,374 38,000 Lutheran Social Services of So. Cal. - 30.000 We How(dba Neutral Ground) SNL 51.959 60.000 NaEs House late Neutral Ground) 45,865 - DCChildrenkTherapeutic Arts Center 69,609 70,000 Public Law Center(Caosumm) 35,807 30,000 Pubic Law Center(Housing) 37,084 30,000 Pure Game _ _ Soft Ana Xtreme - - Second Chance Orange Caunty 30,000 50.000 Teter San Jose Hope Builders 49,125 30,000 The Cambodian Family 43.459 45,000 The Chrysalis Center _ - The Illumination Foundation 48,559 - WISEPIare 39,066 - Young Men's Christen Associalion of Orange County 3D,000 CRY CAPRAL RIPROVE6NEN78 $ 1,892,455 $ 3,635,323 Park Improvements 921,227 1.435,000 Rm $11a asm! lttheaWe01ml MRrrowme d, 921.228 215g,32$ Neighborhood Sponsored Improvements 50,000 60,000 HOUSING $ 1,000,000 $ 635,000 Single Family Rehab-Chty 850,000 300,000 Mu10 Family Rehab 150,000 175,000 Homebuyer Down Payment Assistance 200,000 160,000 TOTAL $ 5,816,959 $ 7,146,606 CDBG ALLOCATION $ 5.816.959 $ 5.701.154 CDBG ANTICIPATED PROGRAM INCOME $ - $ 275.039 CDBG RE -ALLOCATION -AVAILABLE $ $ 1,170.493 SURPLUS/(DEFICIT) $ - $ 0 $ - ADMINISTRATION CAP 20%OF ALLOCATION $ 1,163,391 $ 1,140,231 ADMINISTRATION PROPOSED $ 1,163.391 S 1.140,231 SURPLUS/(DEFICIT) $ - a�(0) $ PUBLIC SERVICE CAP 15%OF ALLOCATION PLUS PROGRAM INCOME NOT TO EXCEED 15% $ 872.543 $ 872.543 PUBLIC SERVICE PROPOSED $ 872.543 $ 872,643 SURPLUS/(DEFICIT) $ - $ 23A-5 U °; c E o m Ni cni 2 �a Of� CL i/i C� •_ E t0 E N O N N C N N U t0 y 0> C O C R C v N N c v a h d 3 E T N y0 N O > Q v? r n N m o O N w U Q a c > d= 3 Q o oCf o =o NN y c t e d E W t ;m w O U m n E o o m V O Ol N U O N L a } c a ?i N t0 a `oc 'O C a1Oia�E y O 'y L> cc N N Q C a� c m w 0 rra ammo a=u) c o m v m ii 3 m N N (V N N Z Z Z `o c o a V v m C C =O m'm E 2 c'oU m U T N O C N o m E a .c H 2 H li U O E m 0 rn m y O q c d N a Q O � c Q m c LL E ¢ Q m c w m 22 m a }a m e = 6 N N c a c O c H o.y d a 0 �.oc >n�� E-8 E -E! 'S = .O 0 Na�NE E oa o a- L M m C C O � n m rn a N c 3 `o c rn m v m da c a a �� 015 m m o m Tg C7 c Q o> c y 0 9 a� — 0 E y a� m mU C OF N cf0 u E y c i5 a y d r C C t9 N U lO N =E d voo�3y Rm a E d 3 c coi a� H�3 =cc w o Em um E C C C$ C N C N O N E N '0 0= m O > E1O n�aEi23.� >� .0 15 E m o m c tO N ^y .� O C C 9oR 46 Eu c'm N�21 M o m 8 E y <O N c w U C c c E—vo,Q L T a 3 m f0 N C m N L pJ n — OI zaa �d3m°aci zo u N c W R m �a Sri �c N in z z z G QC A U ¢ Q N C U Q c o E Q C O d U .... 1C0 (n c2 E N N= O O oYaZ oa o00 aci U m m� U d Q U U D Q �yy N N ~ > C C g E �� E n E n`. mho N q .acmo c .00 n a c E z m E 23A-6 EXHIBIT 2 VETAAV T { Us ® 44, 6 'v A HAYENAV I] b u 1 L'LARA , A2 all 10 ,PINS,' - WESlMWS WASNM4IUR AV =' •�. J 93 ItE: 21 CM .. C ITM Us J 2 LIZ SANiA K 15T'ST - _ MCFAUO■N AV y �■ Jss � �■� IA I ■. �i N MCCO r 1 �m tT i� t■ 3T 95 W RAV tl Is - k� SE6EPSTRdI . a IF n D Y 0 'G %. 1 hq 741, Miles SANTA ANA Project No. 20-7532: Pl Local Street Curb Ramp Improvement PUBLIC WORMSAGENCY Project 23A-7 23A-8 EXHIBIT }} ( f \ ( zOL e � K 00: 2 et§{ § \ § Q} g j g co IL IL � { § § § § § B § § § N 2 § § [ � § \ \ § } } � § � § d _ \ a k LIL W o @ ( ( ( k \ \ \ LN \ \ $ w w w x aY Up o� �F �U w (y 0 a H cw i (t0 ir iL U� aH Q U 23A-10 N City of Santa Ana Page 1 Local Street Curb Ramp Improvements (20-7532), bidding on May 28, 2019 2:00 PM (Paolfic) Printed 06/13/2010 EXHIBIT 4 Bid Results Bidder Details Vendor Name Ado Samandch, Inc. Address 6829 Blllings Place Rancho Cucamonga, CA 91701 United States Raspondee Vldo L Samarzlch Respondvo Title Vice President Phone 909-987-6377 Ext. Email vidosam@yahco.com Vendor Type CADIR License# 433210 CA DIR Bid Detail Bid Format Electronic Submitted May 28, 2019 11:54:23 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 179871 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Does Bid Does for Santa Ana Curb Rampa.pdf General Forms Santa Ana Ownership Affidavit Santa Ana Ownership Affidavlt,pdf Ownership Affidavit (Notary Public)- REQ Orlglnal Hard Copy Submittal in Addition Santa Ana Bid Band Santa Ana Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Santa Ana Non -Collusion Affidavit Santa Ana Non -Collusion ATdavit.pdf Non -Collusion Afdavit (Notary Public)- REQ Original Hard Copy Submittal In Addition Line Items Type Item Code UOM city Unit Price Line Total Comment Section 1 1 Remove and Construct PCC Curb Ramp SF 25000 $16.00 $400,000.00 2 Remove and Construct PCC Sidewalk (T=4") SF 3000 $9.00 $27,000,00 PlanetSids, Inc. 23A-11 City of Santa Ana Local Street Curb Ramp Improvements (20-7532), bidding on May 26, 2019 2:00 PM (Pacl9c) Bid Results Type Item Code UOM City Unit Price 3 Remove and Construct PCC Curb & Gutter (A-2-6) LF 1250 $55.00 Subtotal Total PlanotOlds, Inc. 23A-12 Page 2 Printed 06/13/2019 Llneiotal Comment $68,750.00 $495,750,00 $495,750.00 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF TI lE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that fhey have examined the Contract Documents in its entirety and hereby proposes to tarnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the Unit price(s) or lump sunt(s) set forth in the Ibllowing schedule: Item Description — Qty Unit Unit Price Amount 1 Remove nntt Construct PCC Curb 25,000 T� Ramp 2 Remove and Construct PCC Siticwallt 3.000 SF $ _- 3 Rumovc anti Construct PCC Cw b & 1,250 LP $ $ Gutter (A-2-6) TOTAL BAST BID ,$ S F�E' The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). TIME: FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within eighty (30) working clays after the commencement date stated in the Notice to Proceed. The liquidated damages amount, ht lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $500 per calendar day. Name of Firm Signature of Bit (I an individual, so state. If a tirnt orco-partnership, state the firm name and give the names of all individual co-partners composing the firm, lra corporation, state legal naive of corporation, and names of President, Secretary, Treasurer and i onager, thereof.) iJtDo ,SAAAA2l`t( I'-1 ol'11-I5 iyc9awkq �ras�stcra-SF�Rr�7"AR�y VIDO (,.. 54AV-xioi _ Vtc PREFta�,��� f y, CITY OF SANTA ANA PROPOSAL PROXCf NO.: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent C0nstrtletio(1 Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only alter it has been accented by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the COLlnCil, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting ,his approval of the form of this document, and its execution, and when it or an exact copy of it his been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the fiords, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the propertyof the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of'the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted inlieu thercorshatl be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth In the bid schedule are solely for the purpose of comparing bids, and that final compensation tinder (lie contract will be based upon the actual quantities of work satisfactorily completed. 'File BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty ofpeijury that the' foregoing is true and correct. Name of firm Signature of Bil 'title VIDE. Pkaloewg— (Ifan individual, so state. If firm or co -partnership, state the firm name and give die names of all individual co-partners composing the firm. If a wr )oration state legal name of corporation, and names orPresident, Seeretary,'freasurer and anager, thereof.) (IN Vtoo rV!AuW2.(C.g Mgvlk4 �Ak9R2.fLFF U11Db C. SAMBA2(c.0 V(� �Restv�NT � -tk'�KwReR. P-2 o f P-15 23A-14 CITY OF SANTA ANA PROPOSAL PROJECI' NO.: 20-7532 LOCAL STREET CURES RAMP ►MPROVEMEWS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: 1 m �ts2icN . ING. Business Address: Z,?ack St ea i p4 FV_F_ _�zvab ZG /Q4.0,/4 ca • 7CJi Business E-Mail Address:vl pp $ sl n Telephone: T �cY?�$ State Contractor's License No. and Class: W33 a (o License Expiration Date: iZ 13t ;oA6 State Dept. of Industrial Relations (DER) Registration No.: State Dept, of Industrial Relations (DIR) Registration Expirati i Datc' 6 3c V20(`� �' 61� Signed: i7t/1 bn 1. 94ewr4sGaw r�9 Title: (%lG�l.Es(bF�1r— P-3 of P-15 23A-15 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENT'S PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations,, 'title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates an([ the performance of other requirements on "public works" and "maintenance" projects, Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages far each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of BI Title (lS (ifan individual, so P-4 of P-1 S 23A-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF-CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA j _,_ -V aQ L-. �$Ag/)R-a&W , being duly sworn, deposes and says: []INDIVIDUAL That he/sho is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been later is dilly vested with the authority W milks and execute instruments for the co -partnership by: who constitute the other mee(n��tbcis of the co -partnership. �— CORC'OfW'[ON That he is of.'�IACa c�ArMR/e21G�( _gt{( n corporation which is malting the foregoing proposal: ❑ JOINT VEN`PURE That he is of. one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute insnvmonts for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the propose nh' t, or himself or any other person. "e QV Ii'j 4.. �t'MEl2'L1 Cr^y Signature of - udder Subscribed and sworn to before me this day of 20 _ SSE iAc U Signature of officer Administering Oath (Notary Public) P-5 of P- l S 23A-17 notary public or other officer completing this rtificate verifies only the identity of the individuG io signed the document to which this certificate attached, and not the truthfulness, accuracy, of State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 23RD day of MAY 20 19, by VIDO L. SAMARZICH proved to me on the basis of satisfactory evidence to be the person�vrwho appeared before me. ;,unnl„hy ummnnllmnounmonunmmmmn <v;.'.. nESN}nNP9.WARRENREN COMM.8Y19b534 e >LL Nolnry Pu611�•Catfta(nla E Rlvmalde County. ` ry Qomm. E u resApr. 0, 2021 K nlllllNlll I IIIIIIIII IIIIIINIIIIIIIIIIIIII'I IIIIIIIINIIINIIIIIIIIIIIII .• (Seal) Signature 23A-18 Bond No.: VIDSA-2010 CITY OF SAINTA ATNA PROPOSAL PROJECVNO;; 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS BID BOND KNOW ALL PRESENT that, Vido Samarzich, Inc. as BIDDER, and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal stun of _ Ten Percent Of The Total Amount Bid Dollars ($ 10% Of Bid ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted :and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in fill force and effect in favor of AGENCY. IN WITNESS WHEREOF the patties hereto have set their names, titles, hands, find seal this 16th day of May , 20 99. BIDDER* 6829 Billings Place SURETY* )1 777 S. Figueroa'Street, Suite 3900 _Subkr. bed -and sworn to before me this day of 5i�nature:_ Notary Public in end for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the nafne,.title, address, and telephone number of authorized representative. 1'-6 of P-15 ZURICH AMERICAN INSURANCE. COMPANY COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY 11DELITY AND DEPOSIT COMPANY OF MARYLAND PONVER OF ATTORNEY KNOW ALL MEN BY THESE PRESBNTS: Than the ZURIC II AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President; in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are gel forth Oil the reverse side hereof find Are hereby certfied to be in full force and effect oil lire date hereof, do hereby nominate, constitute, laid appoint Bandy SPOHN, Ashley M. SPOHN, Matthew It. DOIIYNS and Hamilton KENNEY, all of Santa Ann, California, EACH, fls true and Inwfid agent and Attorney -in -Fact, to make, execute, seal and deliver, fox, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonus or undertakings in pursuance of these presents, shall be as binding upon said Companics, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZU RICH AMERICAN INSURANCE COMPANY at its office in Now York, Now York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office illOwings Mills, Maylaud:,-and tire regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Mayland., in their own proper poisons. Tire said Vice, President does hereby certify (lint the extract set forth oil the reverse side hereof is it tine copy of Article V, Section 8, of the By -Laws of said Companies, slid is now in force. IN WITNESS WIIBREOF, ire said Vice-president has hereitawsubsoribed-his/her• names maid affixed the Corporate Seats of the said 7.URICII AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY. COMPANY, and FIDELITY AND DEPOSFI' COMPANY OF MARYLAND, this 15tb day of May, A.D. 2019. w Last, r roar tJ1"�it hhh4l *Vp,"�, ATTEST: ZURICH AMERICAN INSURANCL COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: RobertD.Murray - Vicepresideint 8v: Dawn E. Brown - Secretary Shlte.o1'Marylan<1 - _ .,, Comity of Baltimore - on this 1501 (lily of May, A.D. 2019, before the subscriber, it Notary Public of the State of Maryland, duly commissioned fled qu¢dlftedPRoger6). Murray, Vino President and Dawn E. Brown, Secretary of the Coinlaulies, to ire personally known to be the individuals and officers described in and who cxoeuted the preceding insmmeluuu, and acknowledged the execution of same, and being by ae duly sworn, deposeth still saith, that he/she is the lard officer of the Company aforesaid, and that the seals affixed to the preceding instrument are tho Corpm'ato Seals of said Companies, sad that (tic still[ Corporate Seals and the sigmatw'o as meh officta were duty aftixod and subscribed to die said imsnunrcnt by the authority and direction of the said Corporntiais. 1N IES-I'IMONY W11EM10F, t have h=111110 set ny hall([ laid affixed my Official Sold Ilia dray and year first above written. f r1+ry r '`t'>iln y ` �wt�I1N�r.Y'i s'I~h x eft ��� � 4�",,.�3 F Couetxace A. llaw, Notary Public ,��s`` My Commission Expires: July 9, 2019 23A-20 EXTRACT FROM BY-LAWS OF THE COMPANIES "At'ticle. V, Section 8, Altorneys-in Jrtu,,t. The Chief Executive Officer, the President, or any Executive Vieo President or Vice Illosident may, by written instrument under file attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recogaizances, stipulations, undertakings, or other like instruments on behalf of the Company, and rally authorize any officer or any such attorney -in -fact to affix the corporate seat thereto; and may with or without cause modify of revoke any suchappointment or authority at any time," CERTIFICATE 1, the tandersiguod, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect of the dato of this certificate; and I do furthor certify that Article V, Secl'ion 8, of the By -Laws of the Companies is still in force, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly culled and held on the I Stb day ofDecemller 1998, RESOLVED: "That the signature of the President or a Vice President and the attesting signature of it Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power. of Aunt ney ... Anysuch Power or any certificate thereof hearing Such Facsimile signature and seat shall be valid and bindingon the Company." ']Tits Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution or the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held oil the Soh day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990, RESOLVED: "That the facsimile.or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Seoretay, or Assistant Secretary of. the Company, whether made heretofore or hereafter, wherever appearing upon it certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name aid affixed the corporate seals of the said Companies, this +air _day of M"v , 2019_ �r'"jy�rta'.e 9aBR � Mr Brian M. Hodges, Vice President TO REPORT A.CI,AIM NVITII REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL, ON THE BOND, THE BOND NUMBER, AND YOUR-CON'rACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196.1056 www.Ni orts clainis@ urichrE e� om 900-626.4577 23A-21 . ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, ar validity of that document. State of CALIFORNIA County of ORANGE ..... — On May 1601, 201.9 before me ASHLEY MARIE SPOHN NOTARY PUBLIC, personally appeared MATrHEML R. DOBYN5 ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the ASIILEY iVIARI-E sr 01I IKI instrument the person(, or the entity upon behalf of which the person(s) S�OIflM t 2/188666 NornlavPUBLIC cni.iroaNln acted; executed the instrument. s k ORANak GUUIV rY N d, Myanmm,explrnroM . 7 20 1 R I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons Belying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: — SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On MAY 28, 2019 before me, DESMOND G. WARREN (insert name and title of the officer) personally appeared _ VIDO L. SAMARZICH who proved to me on the basis of satisfactory evidence to be the personl,)-Whose name(a')'is/ subscribed to the within instrument and acknowledged to me that he/s4ethey executed the same in his/>dthetrr authorized capacity(iess•)'and that by his/11eVf4eirsignature,(84-on the Instrument the personK, or the entity upon behalf of which the personKacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. �Innnllll 1111111111111f11111111P4111111111111111�11111)IIUI11111111111� Y oeayoNo o. a aagaN CdORRM. N2fA 534 '� Notary Public• Callldrnly ems�i' M �River&Ida County IIIUllllall 11a1111111n11111uIWIIliI1RilfillresfAIpllNilllel l Signature (Seat) 23A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7532 LOCAL STREET CURE RAMP IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all Subcontractors with the bid for all subcontract work, exceeding the 1•0llowing amount: o Streets, highways including bridge projects: ''/2%oftile l)id or $10,000, whichever is greater o Buildings, parks, or other projects: %2°/n of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of 111(iusn9al Relations (DIR). BIDDER proposes to Subcontract certain portions ofthe workto the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone 'type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp License # Location Phone Type Of Work Amount $ Name License #/Exp _ DIR Reg. # _,xp. Liccns Lo ion Type Of Work Amount $ Gv 1170 C. s4 oAx'cM Si store oi' I: d er Name License #/Rxp. DIR Reg. #/Exp. Location Phone — Type Of wee __.—. Amount N• e License #/Exp. DIR Reg. WExp. License # Location Phone Type Of work Amount $ Name License #/Exp. DIR Reg. #/Exp, License # Location Phone Type Of Work Amount $ P-7 of P-15 23A-24 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. and Telephone Number of person familiar with pro.jeet. Contract Amount 2. Name and Addre: Name and Teleph Contract Amount 3. Name an ddres to and Teleph Contract Amount of owner. of owner. Type of Work�� rrk� person familiar with prglcct. Type of Work Date Completed Date Completed Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. t633 s7-, sLrre :5AnrrA- AuA,Cfi ' af;001 68 sg1-Dc 11-8 of P-15 23A-25 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 COMPLETED CONSTRUCTION PROJECT REFERENCES 1. Project Name: Wilshire Avenue Bicycle Blvd Improvements Owner: City of Iaullerton Phone Number: (714) 738-6853 Engineer/Contact: Mr. David Grantham Contract Amount: $2,100,000.00 Date of Completion: 2019 2. Project Name: l,Y 17-18 ADA Access Ramp Improvements at Various Locations Owner: City of Rancho Cucamonga Phone Number: (909) 774-4070 Engineer/Contact: Mr, Romeo David Contract Amount: $975,000.00 Date of Completion: 2018 3. Project Name: Wilshire Avenue Water and. Sewer Improvement Project Owner: City of Fullerton Phone Number: (714) 738-6895 Engineer/Contact: Mr. Gar Huang Contract Amount- $550,000.00 Date of Completion: 2018 4. Project Name: Elm/Malden Area. Street, Sewer and Water Improvements Owner: City of Fullerton Phone Number: (714) 773-0049 Engineer/Contact: Mr. Joseph Hernandez Contract Amount: $2,200,000.00 Date of Completion: 2018 5. Project Name: Anaheim Hills Road Water Main Replacement Owner: City of Anailieim. Phone Number: (714) 863-8020 Engineer/Contact: Mr. Luis Tapia Contract Amount: $600,000.00 Date of Completion: 2018 Page l of 5 23A-26 VID® SAMARZICH, INC. General Engineering Contractor No.433210A 6829 BILLINGS PLACE, RANCI-10 CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 6. Project Name: CD13G ADA Wheelchair Access Ramp Rep]acerrieint at Various Locations Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $204,300.00 Date of Completion: 2018 Project Name: 2017 Citywide Curb Ramp Improvements Owner: City of Laguna Beach Phone Number: (949) 497-0741 Engineer/Contact: Mr. 'Fri Nguyen Contract Amount: $285,000.00 Completion Date: 2017 8. .Project Name: Safe Routes io School Improvements, Phase 3 Owner: City of Glendale Phone Number: (818) 402-0225 Engineer/Contact: Mr. Gary Edsall Contract Amount: $908,000.00 Date of Completion: 2017 9. Project Name: Heirn Ave at Canal St Storm Drain Improvements Owner! City of Change Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $99,000.00 Date of Completion: 2017 10. Project Name: Citywide Sidewalk Repair Project FY 15-16 Owner: City of Santa Monica Phone Number: (951) 522-4505 Engineer/Contact: Mr. Craig Wheeler Contract Amount: $878,000.00 Date of Completion: 2017 11. Project Name: FY 16/17 Curb Access Ramp Installation Project Owner: City of Huntington Beach Phone Number: (714) 536-5259 Engineer/Contact: Mr. Joe Fuentes Contract Ambient: $679,000.00 Date of Completion: 2017 Page 2 of 5 23A-27 VINO SAMARZICH, INC. General Engineering Contractor No. 433210A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 12. Project Name: Comstock Avenue Water Main Improvements Owner: City of Whittier Phone Number: (562) 567-9302 Engineer/Contact: Mr. Carl Ilassel Contract Amount: $578,000.00 Date of Completion: 2017 13. Project Name: Monterey Road Street Improvements Owner: City of South Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mn•, Alex Chou Contract Amount: $1,550,000.00 Date of Completion: 2017 14. Project Name: Fletcher Avenue Iteeonstrnotiun Owner: City of South Pasadena Phone Number: (702) 204-4025 Engineer/Contact: Mr. Mark Peterson Contract Amount: $878,000.00 Date of Completion: 2016. 1.5. Project Name: Patterson Street Reconstruction Owner: City of Fullerton Phone Number: (714) 732-9060 Engineer/Contact: Mr. Pete Acosta Contract Amount: $675,000.00 Date of Completion: 2016 16. Project Name: Magnoha/Bolsa Intersection Widening Owner: City of Westminster Phone Number: (714) 548-3464 Engineer/Contact: Ms. 'fheresaIran Contract Amount: $975,000.00 Date of Completion: 2016 17. Project Name: 2015 Water Main Improvetments Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr, Tian Pham Contract Amount: $1,100,000.00 Date of Completion: 2016 Page 3 of 5 23A-28 VIDO SAMARZICH, INC. General E tigineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO 7CAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 18. Project Name: Red Hill Labe Modernization Owner: City of Rancho Cucamonga Phone Number: (909) 477-2740 Euglneer/Contact: Mr, Romeo David Contract Amount: $300,000.00 Date of Completion: 2016 19. Project Name: 2015 Concrete Improvements Owner: City of Inglewood Phone Number: (714) 468-7319 Engineer/Contact: Mr. Hunter Nguyen Contract Amount: $425,000.00 Date of Completion: 2015 20, Project Name: 1'1 Centro Avenue Rehabilitation Owner: City oCSouth Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mr. Alex Chou Contract Amount: $I,1.00,000.00 Date of Completion: 2015 21. Project Name: Concrete Bus Pads Owner: City of Rancho Cucamonga Phone Number: (71.4) 548-3456 Eugincer/Contact: Curt Billings Contract Amount: $175,000.00 Date of Completion: 2015 22. Project Name: AIOA Wheelchair Ramps Owner: City of Orange Phone Number: (714) 744-5566 Eagineer/Contact: Mr. Matthew Lorenzen Contract Amount: $275,000.00 Date of Completion: 2015 23. Project Name: 2014 Water Improvement Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr. TUan Pham Contract Amount: $1,1O0,000.00 Date of Completion: 2015. Page 4 of 5 23A-29 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 24. Project Name: ADA Sidewalk Improvement Owner: City of Artesia Phone Number: (951) 314-6984 Engineer/Contact: Mr, Chuck Burkhardt Contract Amount: $200,000,00 Date of Completion: 2014. 2.5. Project Name: Y;l.,HS Park Bryant Cross Feeder Pipeline Owner: Yorba Linda Water District Phone Number: (714) 701-3104 Engineer/Contact: Mr. ,Foe Polimino Contract Amount: $675,000.00 Date of Completion: 2013 26. Project Name: County Road Storm Drain Owner: City ofPornona Phone Number: (909) 322-7471 Engineer/Contact: Mr. Dave Barron Contract Amount: $570,000,00 Date of Completion: 2013. 27. Project Name: Adams Square Park Owner: City of Glendale Phone Number: (818) 548-2864 Engineer/Contact: Mr. ) Iagop ILassabian Contract Amount: $1,100,000.00 Date of Completion: 2010 28.11roject Name: Various Public Work. Purchase Orders and Contracts 2000-2013 Owner: City of Pasadena Phone Number: (626) 484-5640 Engineer/Contact: Mr.'Dale Torstenbo - dtorstcnbo@cityofpasadena.riet Contract Amount: $2,500,000.00 Date of Completion: 2000-2013 29. Project Narnc: Mise Ptak Improvements From 2000-2010 Owner: City of Glendale Engineer/Contact: George Balteria— (951) 201-2710 Peter Vierheilig— pvierheilig cci.glendale.ca.us Contract Amount: $3,500,000.00 Date of Completion: 2000-2010 Page 5 of 5 TELEPHONE 909-987-6377 FAX 909-987-8988 23A-30 CITY OF SANTA ANA PROPOSAL PROJ ECT NO,: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS ADDITIONAL REPERENCES The following are the manes, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. Name and Name and'Pelephone Number of person familiar with proj( Contract Amount Type of Work `� t-a� 2. 3. Name and Telephone Number of person Familiar ) oject. Contract Amount r/ Type of Work Name of owner. and Telephone Number Contract Amount project. Date Completed Date Completed Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. 2tARIC ti — c%n i5 $aAr7iay! 2td/•*�?EI.JC�t/fie IG33 E "IT'Id cg scx 21� i P-9 o f P- 15 23A-31 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS NON-C( 1j_USIONAFFIDAVIT (Title 23 United States Code Section 412 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bill is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER. has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to Put in -a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agrecnent, cominunication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost elenreat of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; Mid, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository; or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is Bart of the Proposal. BIDDERS are cautioyed that making, a False certification may subject the certifier to criminal Signed State of California County of ____ Subscribed and sworn to (or affirmed) before me on this _ day of ___, 20_, by _> proved to nie on the basis of satisfactory evidence to be tine person(s) who appeared before, ine Notary Public Signature Notary Public Seal P-10 ofP-15 23A-32 notary public or other officer completing this :rtificate verifies only the identity of the individu€ io signed the document to which this certificate attached, and not the truthfulness, accuracy, or lidity of that document State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 23RD day of MAY 120 19 , by ViDO L. SAMARZSCH proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, p11111111110.IIIIIIIIIIIIIIIIIIIIII'ISIx111HIIIINIIIIIIIIxIl01111111xN E3ES 06ffig10ND0. WARRBN C 534 nxllgNl. NxxI6 Notary P.ubjjo. jdN6 nlq RiWaNde County Ex "2 i0 yMxuApIHI(Seal) Signature r - 23A-33 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. "file Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action 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 ter training, including apprenticeship. The Contractor agrees to post in Conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. 'file Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor anion or workers' representatives of the Contractor's connitnents under thus section, and shall post copies of the notice in conspicuous places available to employees and applicants 'for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and orthe rules, regulations, and relevant orders of the Secretary of Label-. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible far further (lovernment contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-I I ofP-15 23A-34 CITY OF SANTA ANA PROPOSAL 1'1110JEC'I'NO.: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS 'rhe Contractor shall include the portion or the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect [lie interests of the United Stales. 8. Pursuant to California Labor Code Section '1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Cer. Signed: ha �/ 117� �, rq,,7str�ztcri 'rhic: !tf FS11) A)T 7}-�(j /`'/� Firm: _ V'bQ -QQi4&AN2(6 TJV Date: P-12 of'P-15 23A-35 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of 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. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she 'employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other coi tractors, except contractors not signatory to the trust agreement shall pay a like amount to c Cali ornia Apprenticeship Couneil. Signed: b Title: Vlef 1`f��stAFnlr Firm: _ VtAc> SroyRa�c(E trVc, Date: y✓ltl-p 7 W, `Zo a� P-13 of P-15 23A-36 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS STATEMENT REOARDINO "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor rcgulalions (29 Cf R, Part 3). This acf provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwi entitled. Signed: � � IQ�wa td 5.4�-rA. �(Gy Title: VIA PzIDEVI— firm: 1f 1�G �.6fAn42.(G�f Zye-, Date: Y 4-f 7,11 P-14 ofP-15 23A-37 CITY OF SANTA ANA PROPOSAL PRO,1 ECT NO.: 20-7532 LOCAL, STREET CURB RAMP IMI'ROVEMF.NTS PUBLIC CONTRACT CODE SECTION 10162 QUE-S'FIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of pe"JUM the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation Of 1aw Ora safety regulation? Yes No __Je. If the answer is yes, explain the circamslances in the following space P-15 of P-15 23A-38 ws /aryl," ANRWWAYTO SIGN IN- lfyou Already have Login EIu n FAM Acvounl, uec ymu GAIN enmil Cur IoRdu.gm•, M1ritS1 MR le,b'in.lVS FAQs th vnll .... dl_Rtend„nxl-t R.'Il"I, d,{Il y� a. nnoenbnul rhangox In thr nalall,d R'tIll l',,I....... ruodnlAersYdem imp..... ta. ALIR1': BAM.guv,vlll hr Aown fnrvdbe, nh:d :nnintenm:, NAemhy, o6/Ivamo, Imn, ha,o AM :o l:oo 1-m P.DI I ALIJtI (AllR lcp:o9calh xpui.¢Iha higl ,luu-+f:VJsma':IDn:-0Lamo9 mg than 611t. m'Ar:'I ehi.h Rny are:'xxh',L RI¢I;our cl lalm.nslNonllu,, CAl14: 'roPocld.o„pnn Mll he..... rvJ Ly CAf„R,if,reresxary, far unq addlllon:d intnnn.nlen. Sill Results I)tll'I'Cilt Scareb Terms: VIDO SAMAR%101I, INC' ltstal revnrdsa $aye PDE Export Results_ 17l t, Reeull Page 1 Nort Lc Ralevonce (?rdm� Le' E-- . -=Deseendng C-=_J � Ymn'netvch for VIVO 5AMAR`/.[C:Ft,INC."r[ftnruc�1 tLe. Golloa�nq resells... Ena:J' Vitlo FnSIa4s: Adll,• '1 ----� mm�aluh, [.I,-. DUNS; r fgNfs66 CAL`P.Qele: gO(ai¢ vMw. DIMM,, IIanA 11 L.:.h ionl: No IMAMA(: --a EOIMtlon OxR4 m/o4boole la1s9ollj WOffict?; No 13nrpnaoof RMlgtmRcn: All AWnvlls Result Pal"': 1 save PDF Export Reeu65 Print l ibih1 Ill111.,uv Dn All,,, A .11 4 mdly r.'l.F vJ1AIt Chi s 4 S(auu Puvue Rllic} GbAgul' ALoul UYA.P,ov ittAi-F'<rznle3l5-lPfl Fiq,lp l4ll'N';i t _ • ,ll �i 1 I:"I.'".,i .. ..� ,,,I::: I 1 :t 1 11 1•I. .�I., II yin ny„1 nv lr,... Ie l��w,.l �.. .�. 23A-39 dun&brads treet Weiwme Ndn SAmnrzic6 I'�19rS.Q4l Government Update \ VAQS Contact un Usdr p[pfile Transaction fiisRory Hems "'u'°aateMaln"^A"° d!Update Main Menu ®Tile following companies are associated with Your prnflle. 'eleq the ctmpanY You would like In revl,w, then select arl option from the menu hclmv. ' D- u�N-SiA Company Address, City, State 0 1026486266IVlnn SAMARZIfth INC.II6829 Rilhngs PI, itancho Cucamonga, CA _. , y" ° Sued Upd f.j".u.,,a + 001. UpdAta Vniicine nntl FAQ. > 6 We. l Print Cannp¢ny Report > Urar Orn111a > 0 nun F Bradstract, Ls., 2000-2015. All iights reserved. FAQ,, I Camilla 0, 23A-40 City of Santa. Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts A. The work to be performed trader this contract number-%J�',i by and between the City of Santa Ana, hereinafter referred to as City" ands/Lpy g&xf j--T liercinalter referred to as "Contractor", is subject to the requirements of Section 3 of the (lousing and Urban Development Act of 1968, as amended 12 U,S.C7. 170lu (section 3). The purpose (if Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons. U. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them fi•om complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the Contractor has an agreement or other understanding; if any, a notice advising the labor organization or workers' representative of the Contractor's commitments trader this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set lath minimum rwniber andjob titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and tine naive and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will riot subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Con tractor is se leered but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CPR part 135 require employment opportunities to be dir ected, were riot to circumvent the Contractor's obligations under 24 CFR part 135. F, Noncompliance with regulations in 24 CFR. Part 135 ❑ray result in sanctions, termination of this contract for default, and debarnnent or suspension from future 1-tt1D assisted projects. The Contractor by this signature affixed hereto declares trader penalty ofperjury: Contractor has read City requirements and accepts all its requirements contained therein for all of his/her operations within the City of Santa Ana. I/ 14 t, /j— ---- Vipo L 71, ZOP7 signature orc n ractor Print Name and Title Date Contractor License Number & Designation Federal DUNS Number 23A-41 EXHIBIT 2 City of Santa Ana Section 3'New Hire Calculation Fornt Project Nantc: %aa r 1y0. aA- 753 1, 4ocm- S7RcFiCuRd h�lgyyEo-rr�iP $ Project Location: City State ContractorN¢une;—_ U(Dp .WVi7 C-9 �Zpie Contractor Contact: V (DO (" , �'.4nrl�Pz� q Contractor Telephone Number: JOT- W?- 63 Contractor Lpial l Address: 000 5,4 ffo0. GGit, Section 3 Resident Hiring Goals Trade/Crall Number of New hires Total Number of New Hires: Q Total number of Section 3 resident new hires necessary to comply with contract: --Q— I/,,] J - VIVO L. SAmAA7160V —M/p/ 7 11 9igua ure ofC n actor Date 23A-42 EXHIBIT 8 Contractor's Section 3 Affirmative Action. Flan ']R9--va e^ta � sEO-Er_CfARR a44,p 1�pxou ;vzs Protect Numbcr and Title The undcrsigncd contractor agrees to implement the fbilowing affirmative action steps directed at ,increasing the utilization of lower income residents and business concerns located within the County of Orange. I. 'fake affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin, 2. Send it notice of the contractor's Section 3 con minnent to each labor organization or representative of workers and p ost a copy of the notice at a conspicuous place available to employees and appl icants for employment or training, 3. To the greatest extent fcasible, make a good faith effort to recruit for employment or training lower income residents from the County, and to award contracts to business concerns which are located in or owned in substantial pat by persons residing in the County through use of: local advertising media, signs placed at the project site and notification to community organim ions and public or private institutions operating within or servhng the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Contracted Employment Program, U.S. Employment Service, Chamber of Commerce, labor unions, trade associations and business concerns. 4. Maintain a file of at] low-income area residents who applied for employment or training either oil their own or on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the County who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies ofcorrespondence., memoranda, etc., which document that affirmative action steps have been taken. 7. Incorporate the Se etion 3 clause provisions in all subcontracts, and require subcontractor(s) to submit a Section 3 Affirmative Action Plan. Company Name Signature of C niractnr 4�1N^`�IIL/Nk-$ �P-r,V�11L4FFb L&A, e-4 ItApY? I— t7diM,Fj��dC.F� Address: Street, City, State, Zip ctlr)at Printed Name DUNS Number 1 itte 23A-43 EXHIBIT 9 City of Santa Ana Section 3 Contract Award Consideration Bidder's Nance: � 6 ;�Q vtAk r ..r Please cliecic the numbered statement that is applicable to your business: I . — My business qualities as a Section 3 business concern: If you have checked statement NtiMl3CR i please read the attached Section 3 fOnsnress Concern A'YZIrc'nce - Ridding Requirenunts, (Please cheek the applicable gnolffleadon fir statentertt number }) 51% owned by Section 3 residents; or Permanent, full-time employees include at least 30% Section 3 residents; or Will subconbact more than 25% of the dollar award of all subcontracts to be awarded to business concern(s) that meet either ol'the two preceding qualifications, Note: You are required to list all subcontractors and owner -operators in your Irid statement. 2• zmy business [toes not quality as a Section 3 business concern. Note: Section 3 business concern jLWIffitim fire located in this project's ContractDocitments & 5pecific(jjiOn.T Manual frthinthe section titled Section 31s'cnrroinle Opportimuies flan. Signature of u. nesA s —owner Date Print Name 23A-44 EXHIBIT 12 CITY OF SANTA ANA WOMEN OWNED/MINORHYBUSINESS OWNED ENTERPRISES (W/MBE) GOOD FAITH EFFORTS Pl•o'Oct Nalne: LOr-AL CT cu pip ,rF mrwe„•r,g Project Number: Z0 — F yr Project Location: Aqa Pt11•snattt to 24 CFR Part 85 § 8536 (e) of Code of Federal ltegulahons, contractor mist take all necessary affirmative steps to assUU ro that minority business firms, wonica's business enterprises and labor surplus firms are used whenever possible. Contractor s11411 submit the following information to demonstrate that a goof' faith efflort has been made to comply with the above section of the Code of Federal Regulations. Submittal of this form, in and of Itself, may nut provide sufficient documentation to demonstrate that goof faith effort Was made. Documentation Stich as copies of adverttsmuent, letters of solicihation, telephone logs, rejected quotes, etc. shou ld acbouyagy tills form. I. The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for W/MBE participation for this project was placed by the bidder: Names of News a per bate of Advertisement NONE or+E 2. The names and dates of written notices sent to W/MBE soliciting bids for this project and methods used for following up initial solicitation to determine with certainly whether the W/MBE were interested. Dates of Solicitation Follow -tip Methods and Dates Rm�f Zo I Han�E r- Az z. i 3. The items of work which the bidder made available to W/MBE firms, inchading, where appropriate, any breaking down of the contracts into economically feasible Units to facilitate W/MBE participation, and the information furnished to W/MBE such as plans, specifications, and requirements for the work. Ilcros of Work! +Sftw C,v'T'r I,,v & OF JtgvnPS $�oA mKA C, A 6 -re& Breakdown of ltcros: ShW �tr �fi ONa y Information Furnished: ty�� ROOMPROPSVCM1IODFORM5WA805804AW-SedIan3SPe ,DGC 23A-45 EXHIBIT 12 (cont.) 4. Efforts made to assist W/MBE in obtaining bonding, lines of credit or insurance, and any Technical assistance related to [lie plans, specifications and requirements for the work which was provided to W/MBE: 5. Any additional data to support a demonstration of good faith effort, such as contracts with W/MBE assistance agencies: I A/are under penally gfperjury that the foregoing iglbrination is true and correct to the heat of my knowledge, I mulerstand that the City ofSanta Ana and/or the US, DepuMnent of Housing and Urban Develolmiew may verify the ua%prmatign iironided herein in connectlon with W/IM conrpllance evatuationlaudit activities and thai fidlure to fully and truth idlycomplele this form may result in economic or other sanctions: O`J 0 Signature: Name: I Vi t. uc / Titte: 044 o+6400w'i Date: rn xY "Zai9 Name of 4z,h-actw 'abeoatractor: y/a L> a S A'-MAIr:w C-rl, /,.t e. Contracto-/Subeontraetau, Identification Number: � S' - 3 l P V Address (Street, City, State, Zip): 647- 9 lglb a 'bs P +9tA_- 7 C4j",*roNG4r CA 6117 of Business Racial/Lthale/Gender Code: Circle Nio numeHo code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 51 % of the business. Wbcn 5l% or more is not owned and controlled by any single rarciai/elunielty/gcuder category, circle the code which scems most appropriate. (�)= White Americans 2 = Black Americans 3 = Native Americans Woman Owned Business: Circle One: Ycs or 4 = Hispanic Americans 5 = Asian/Pacitie Americans 6 = I lasidie Jews P.fDOCS%PROPSVCSWUDFORMS\MOU5BO4AMB-8edm38pe.$DOC 23A-46 EXHIBIT 15 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) '1'o the City of SAN•rr4 A jA DEPARTMENT OF MBLIC WORKS In accordance with Title 23 United States Code Section 112 and Pllbl is Contract Code 7106, the bidder declares that the bid is not made in the interest of, or, on behalf of; any undisclosed person, partnership, conpiny, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly o indirectly induced or sol icited any other bidder to put in a false or sham bid, and Ills not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain front bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, comnxmieation, or conference will' anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of'tl'c bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in tite bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or ber bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fae to any corporation, partnership, company association, organization, bid depository; or to any member or agent thereof to effectuate a collusive or sham bid. FMCS1PROPSVCSVIlJDFORMS%MBU§004AM0 Sedion3SpncsOOC Name of Contractor Adddressdress /,v65 Tr4RC.F W9,tlG G mfttw4 T o0 ( VSig4nattue1 itle 9/_z tz 'Eats Date 23A-47 EXHIBIT 16 FEDERAL LOBBYISTREQUIREMENTS CERTIFICATION Name of Firm; V10 �q� ,�t� , %fir Date: Address: _ 170�`C t7(LG(NGS 11F ^�LF— / /� i I G ' .ct &4 o IGR State: f, "T_ Lip Code: M-701 Telephone: 501-997-077 Acting on be half of (lie above -named firm as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (IIUD) and the Community Development Commission, County of Los Angeles: I) No Federal appropriated fiords have been paid, by anon behalf of the above-rnanied lirm to any person for influencing or attempting to influence an officer or employee of any agency, a Member or Congress, an officer or employee of ongress, or an employee of a Member of Congress it, co nnection Willi the awarding of any Federal contract, the making of any Federal grant, loan, or cooperative agreement, and any extension, confirmation, renewal, amendment, or modification thereof; and 2) If ally funds other than Federal appropriated flmds have been paid or will be paid to any person for inluencing or attempting to influence im oflicef or employee or any agency, a Member of Congress, an _ officer or employee of Congress, or in employee of aMember of Congress in connection wilt this Federal contract, grant, loan, or cooperative agreement, the above -named firm shall complete and submit Standard Forni—LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 3) The above -named firm shall require that the latiguage of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants; loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. SUbmission of this certification is a prerequisite for making or entering into file transaetion imposed by Section 1352 Tale 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such faiko•e. Authorized Official: Name: ViUO. qgq �nek1 ]'itle: VtG _ riStL�Ki Signature: Date: F:aDOeSIPROPSVCSWUDFORMS%MBU5804AM6. Soalon9Spacs. DOC 23A-48 CERTIFICATION OF UN:f ERSTAMING AND AVITIORI?_,ATION Project Name: ---t0ayl�... Project Numberp This is to ce tity that the principals and the `iohoriced payroll officer, below, have, road uric( uudei;ttond the labor stand ids clauses perminint; to the subject ptojec-t. The lo(lowinp porson(s) is cicsiltnated as the payoll otticsr Aor the undersigned and is authorized to siLYn thr, Statemontof Compli,incc, ediu:h will nccompony ow WcAly ceilitied payrcill reports t`m this project: 1-paalun35pecs. UUC 12..SM0,�� Gri Payroll O " `er'a Nan Psryrall (J,+ " er's Sitn.rturc Corrtr<rctodSul -c utiucf or by-�i1..,_ U! _..._....... _ Printed Name --V--E Title ?y Date Contractor/5ubeonnactor License No. 23A-49 23A-50 CITY OF SANTA ANA EXHIBIT 5 CONSTRUCTION CONTRACT PROJECT 20-7532 LOCAL STREET CURB RAMP IMPROVEMENTS PROJECT This CONSTRUCTION CONTRACT is made and entered into this 161h day of July, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Vido Samarzich, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to constrict and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Local Street Curb Ramp Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the stun total amount not to exceed Four Hundred Ninety-five Thousand Seven Hundred Fifty Dollars and No Cents ($495,750.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09ro1/2017 23A-51 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: httn:Hwww. santa-ana. ore/nwa/docuinents/C W A.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A'52 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the clay and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO NORM: SONIA R. CARVALI-10 City Attorney Ey: JOY -IN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY ON SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Vido Samaizich, Inc. NAME: ViDlD L. 54 �p�t�zicH TITLE U c4= Pees +O rd i 23A-53 Page 3 of 3 23A-54 EXHIBIT 6 CONSTRUCTION OF THE PROJECT NO. 20-7532: LOCAL STREET CURB RAMP IMPROVEMENTS Construction Contract $ 495,750.00 Contract Administration $ 31,343.00 Inspection and Testing $ 43,040.00 Contingencies $ 49,575.00 TOTAL ESTIMATED CONSTRUCTION COSTS j $ 619,708.00 23A-55 23A-56 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: AWARD CONSTRUCTION CONTRACT TO ARNAZ ENGINEERING CONTRACTORS, INC. FOR THE CIVIC CENTER STORMWATER LIFT STATIONS PROJECT ESTIMATED DELIVERY COST: $1,330,000 (PROJECT NO 17-2675) (STRATEGIC PLAN NOS. 6, 1C & 1G) RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: r_1J77i0 ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2"1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Arnaz Engineering Contractors Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,022,000, for construction of the Civic Center Stormwater Lift Stations Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,330,000, which includes $1,022,000 for the construction contract, $153,300 for contract administration, inspection, and testing, and a $154,700 project contingency (approximately 15% of the construction contract amount) paid with Civic Center Capital Project funding. DISCUSSION In the Civic Center Plaza area, the City owns and operates two stormwater lift stations that are over 40 years old. The Flower Stormwater Lift Station is located at the northeast corner of the intersection of Flower and 6th Streets; and the Civic Center Stormwater Lift Station is located on west side of Ross Street, south of City Hall (Exhibit 1). Each lift station experienced leakage and flooding problems during the El Nino season of 2016, and the City intends to upgrade the facilities before the next large storm event. A preliminary study was conducted and consisted of on -site inspections and visual assessments of the structure, electrical equipment, mechanical equipment, and general conditions of each facility. The proposed improvements consist of removing the existing equipment; installing pumps, motors, pipes, valves, fence, and gates; and modernizing site electrical and instrumentation. In addition, the project will also install a Continuous Deflective Separation unit to remove trash and 23B-1 Award Contract to Arnaz Engineering Contractors, Inc. Civic Center Stormwater Lift Stations Project July 16, 2019 Page 2 debris. Once completed, the improvements will improve system efficiency, reliability, and increase safety. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 5 and 10, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on May 1, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 519 vendors, including 31 located in the City of Santa Ana, were notified of the project via PlanetBids. 62 vendors requested bidding documents and 5 bids were received. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Arnaz Engineering Contractors, Inc. Anaheim $1,022,000 2 Metro Builders & Engineers Group, Ltd. Newport Beach $1,551,294 3 California Building Evaluation & Construction Inc. Anaheim $1,614,575 4 MMC, Inc. La Palma $1,743,000 5 Environmental Construction, Inc. Woodland Hills $1,952,631 All 5 bids received were deemed responsive. Arnaz Engineering Contractors, Inc., submitted the lowest responsive bid in the amount of $1,022,000 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Arnaz Engineering Contractors, Inc., in the amount bid (Exhibit 3). Protect Delivery In order to deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,330,000. 23B-2 Award Contract to Arnaz Engineering Contractors, Inc. Civic Center Stormwater Lift Stations Project July 16, 2019 Page 3 Construction Contract $1,022,000 Construction Administration, Inspection and Testing $153,300 Contingencies $154,700 ESTIMATED CONSTRUCTION DELIVERY COST $1,330,000 Project funds will cover all staffing costs for delivery of this capital project. No additional or separate funding will be used. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-011 was filed for the project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,330,000, which includes the construction contract, contract administration, inspection, testing, and project contingency. $1,400,000 in Civic Center Capital Project funds have been budgeted for this project in the Fiscal Year 2019-20 Capital Improvement Program (Exhibit 5), which was approved by Council on June 18, 2019. The following table summarizes the funds budgeted to deliver construction of this project: 23B-3 Award Contract to Arnaz Engineering Civic Center Stormwater Lift Stations July 16, 2019 Page 4 Contractors, Inc. Project Accounting Unit - Accounting Unit - Fiscal Year Account No. Fund Description Account No. Amount Project No. Description Civic Center -Capital FY 2019-20 07413260-66220 Civic Center Project; $1,330,000 July -June (17-2675) Maintenance Improvement Other Than Building Total $1,330,000 K Fuad S. weiss, PE, PLS Executi4 Director Public W rks Agency APPROVED AS TO FUNDS AND ACCOUNT: Kathryn Dowfis, CPA Executive Director LLAL(M4) Finance and Management Services Agency Lis dloff Executive Director Parks, Recreation and Community Services Agency FSS/TC Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2019-20 Capital Improvement Program Project Budget Sheet 23B-4 EXHIBIT 1 ui w 0 J LL I SANTA^ANA ■ P Inl n ■ PBB�IC •BArcS a ¢Bcv FLOWER STREET PUMP STATION PROJECT NO. 17-2675 CIVIC CENTER LIFT STATION RENOVATION to co 0 of Fol 10 i PAGE 1 OF 1 23B-5 City of Santa Ana Civic Center Stormwater Lift Station Renovation (17-2675), bidding on May 1, 2019 2:00 PM (Pacific) Bid Results Bidder Details Vendor Name Amaz Engineering Contractors, Inc. Address 1035 N Armando Street Suite X Anaheim, CA 92806 United States Respondee All Yazdanshenas Respondee Title President Phone 949-279-0027 Ext. Email arnazeng@aol.com Vendor Type License If CA DIR Bid Detail Bid Format Electronic Submitted April 30, 2019 6:58:04 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation 0 175545 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name General Proposal Signed Proposal Documents 3.pdf Ownership Affidavit Ownership affidavit.pdf Bid Bond Bid Bond.pdf Non -Collusion Affidavit Non -Collusion Afridavit.pdf Line Items Type Item Code UOM city Base Bid Proposal 1 Mobilization (not to exceed 5% of total bid) LS 1 2 Construct AC pavement, sitework, fences, gates and miscellaneous concrete LS 1 3 Construct yard piping and utilities LS 1 Unit Price $50,000.00 $95,000.00 $32,000.00 Page 1 Printed 05123/2010 EXHIBIT 2 File Type General Forms Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Total Comment $50,000.00 $95,000.00 $32.000.00 " City of Santa Ana Page 2 Civic Center Stormwaler Lift Station Renovation (17-2675), bidding on May 1, 2019 2:00 PM (Pacific) Printed 05/232019 Bid Results Type Item Code UOM City Unit Price Line Total Comment 4 Construct structural Improvements LS 1 $45,000.00 $45,000.00 5 Construct precast concrete stormwater treatment device LS 1 $40,000.00 $40,000.00 6 Furnish and Install all mechanical piping and equipment within the Santa Ana Lift Station and the Flower Lift Station LS 1 $245,000.00 $245,000.00 7 Furnish and Install all electrical equipment for the Santa Ana Lift Station and the Flower Lift Station LS 1 $360,000.00 $360,000.00 a Excavation, haul, and disposal of excess material LS 1 $30.000.00 $30,000.00 9 Temporary Pumping LS 1 $15,000.00 $15,000.00 10 Programming and cloud based SCADA sysems Integration LS 1 $35,000.00 $35,000.00 11 Commissioning, start-up, testing, demonstration, training and close-out LS 1 $35,000.00 $35,000.00 12 Demobilization LS 1 $5,000.00 $5,000.00 13 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 14 Dry Well EA 5 $5,000.00 $25,000.00 Subtotal $1,022,000,00 Total $1,022,000,00 Punt' Iris CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Arnaz Engineering Contractors, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or l unp sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount Mobilization (not to exceed 5% of I LS $ 50,000. $ 50,000.00 1 total bid) Construct AC pavement, sitework. 1 LS S 95,000. $ 95,000.00 2 fences, gates and miscellaneous concrete Construct yard piping and utilities I LS $ 32,000. $ 32,000.00 3 Construct structural improvements I. t.S S 45,000. S 45,000.00 4 Construct precast concrete stormwater I 1.S $ 40,000. S 40,000.00 5 treatment device Furnish and install all mechanical 1 LS S 245,000. $ 245,000.00 6 piping and equipment within the Santa Ana Lift Station and the Flower Litt Station Furnish and install all electrical I LS $ 360,000. S 360,000.00 7 equipment for the Santa Ana Lilt Station and the Flower Lill Station Excavation, haul, and disposal of I LS $ 30,000. $ 30,000.00 8 excess material Temporary Pumping I LS $ 15,000. $ 15,000.00 9 Programming and cloud based 1 LS $ 35,000. S 35,000.00 to SCADA systems integration - Commissioning, start-up, testing. I LS $ 35,000. $ 35,000.00 I I demonstration, training and close-out Demobilization LS 5,000. $ 5,000.00 12 Labor Agreement Oversight I LS $ 10.000 $ 10,000 13 P-1 ofP-16 23B-9 CITY OF SANTA ANA ADDENDUM NO. 1 PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION Item Description Qty Unit Unit Price Amount 14 Dry Well 5 EA 5,000. 25,000.00 TOTAL BASE BID $ 1,022,000.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one hundred and eiWhty f 180) working dav,s after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,250 per calendar day. Name of Firm Aruaz Enghteeriug Contractors, Inc. Signature of BIDDER Title President (lf an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by [tie Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duty authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution. and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bill is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name offirm Arnaz Engineering Contractors, Inc. Signature of BIDDER 'fitle President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. if a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 ofP-16 23B-11 CITY OF SANTA ANA PROPOSAL. PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the 'following is true and correct. Contractor's Name: Arnaz Engineering Contractors, Inc. Business Address: 1035 N. Armando Street Suite "X", Anaheim, CA.92806 Business E-Mail Address: arnazeng(ct�,aol.com Telephone: . 714-666 1765 State Contractor's License No. and Class: 755332 License Expiration Date: 10/31/2020 State Dept. of Industrial Relations (DIR) Registration No.: State Dept, of Industrial Relations (DIR) Registration Expiration Date: _ Signed: Title: President 1000005485 6/30/2019 P-4 of P-I6 23B-12 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720. et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works' and "maintenance" projects. Since the services are being performed as part o'fall applicable "public works' or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to ,fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of'per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Conti -actor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Arnaz Ell Oneerina Contractors, Inc. Signature of BIDDER Title President (if all individual, so state) P-5 ofP-16 23B-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION OWNERSHIP AFFIDAVIT STATE 01: CALIFORNIA COUNTY OF OIFANGE C1'FY OF SANTA ANA Ali Yazdanshenas ❑ INDIVI DUAL, 0 F'AMERSHIP [ 9CORPORATION ❑ 7OIN'r VENTURE SS: ) being duly swom, deposes and says: That he/she Is the party making the foregoing proposal: That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co-ptnlnership by: who constitute the other members of the co -partnership. That he is of Armu: Engineering Contractors. I tic, a corporation which is making the foregoing proposal: That he is of one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duty vested with the authority to execute instruments t'or an on behalf' of the parties ranking said bid who are: that such a bid is genuine and not collusive or shunt, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Gl `;P,114d.�1-'. . Signature of Bidder Subscribed and sworn to before me this day of 20 _ SEE ATTACHED Signature of officer Administering Oath (Notary Public) P-6 of P-16 __ _23B-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL. CODE 1189 A notary public or other officer completing this certificate vcrifics only the identity of the individual who signed the document to which this cortiticate is attached and not the truthfulness, accuracy, or validity of that document. State of California Count}' of Orange ) Oil 04/15/2019 before me. V. Copeland Notary Public, personally appeared Ali Yazdanshenas who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledlged to me that be/shefthey executed the same in his/her/their authorized capacity(ics), and that by his/her/their signat urc(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. y COPHAND 1 h Notary 'u6 Ctiforma uy� I�4` \"ia4s' ' el�ly i,pJnly Connnasion92220482 Myco ID b[p'05 12 ,2 21 Place \awry Seal Above I cortifv raider PENALTY OF PERJURY under the laws of the State of Cahf „ynia that the foregoing paragraph is true and correct. WITNESS niv It hd and officiat4cal. 5igtnahl .«_------------------------- _------- __.__--------- 01YHONA_____-______________e____________-------- _________. Though the information belon, is not required by lame, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of DOCntlnetnt: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):__ ❑ Partner: ❑1_.innited ❑ Gencral ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Capaeity(ies) Claimed by Signer(s) Signet's Name: _ ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 23B-15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION BID BOND KNOW ALL PRESENT that, ARNAZ Engineering Contractors Inc, , as BIDDER, and Merchants Bonding Company (Mutual) , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten percent of total bid amount Dollars ($ 10.0%of Bid '), which is tell percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is reiected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 11th day of April 12019. BIDDER* ,Merchar)4 Bonding Company (Mgtgal),P.O. Box 14498, Des Moines, IA 50306, T: (515)243-8171 Vanessa Copefpnd, Attorney-in-Pact,151 Kaimus Drive, Ste, A201, Costa Mesa, CA 92626,T:(714)546-5100 Subscribed and sworn to before me see Attached this day of , 20_ Signature: Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 23B-16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A nolar} public or other officer completing this certificate verifics only the identityof the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy. or validi[y of that document. State of California ) Coun t y of Orange _ ) Oil —1 `� ��. before me, Natassia Kirk -Smith Notar} Public, personally appeared Vanessa Copeland Name(s) orSigner(,$) who proved to me on the basis of satisfactory evidence to be the person(s) chose narne(s) is/are subscribed to the lvithin instrument and acknowledged to me that he/she/flit-c- executed the same in his/hor/tlrvir authorized capacity(ies), and that by his/herltbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NATASSIA KIAK.SMITH !' " N;�: : i 7_ Notary Public California _ ```���-o���.�F orange County i COmn11551P0. 22$3$18 My Comm, Expires Aug 12, 2022 Plaice.Notary Sail Above t ccrtify under PENALTY OF PERJURY usurer the laws of the State of California that the 'foregoing paragraph is true and correct. WITNESS tnv hand and offi al al. r Signahrr : _ signature - r Publle ---------------------------------------------- - ---- OPTIONAL --------------------------------------------------- Though the information is not required'b}' lane, it may prove valuable to persons reh ing on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner: ❑Limited ❑ GcnQral X❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ---.--.._...--__-_-- ❑ Individual ❑ Corporate OfficerTitle(s):_ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 23B-17 MERCHANT� BONDING COMPANY:,., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Kevin Cathcart; Mark Richardson; Michael Castaneda; Shawn Blume; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-In-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed," In connection with obligations in favor of the Florida Department of Transportation only, it Is agreed that the power and aut horny hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days priorto the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this STATE OF IOWA COUNTY OF DALLAS ss 31st day of January , 2019 MERCHANTS BONDING COMPANY p2� 9 �:L�°e MERCHANTS NATIONAL BONDING, (MUTUAL) NC. .3 :v 2003 �j 1933 c By ..r 'yV��....fW...•(�C'vpC• •°.Vyi. ..... 'AAA: President On this this 31st day of January 2019 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,,, I / S ALICIA K. GRAM o ,� - Commission Number 767430 . My Commission Expires April 1, 2020 �a Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked, In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1lth day of 2003 POA 00I S (3117) Secretary April , 2019 . 23B-18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notahy public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 4/12/2019 before me, personally appeared V. All Reza Yazdanshenas Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose mmne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/lienhhe--ir authorized capacity(ies), and that by his/l=hheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. V.COPELAND Notary Public - Callforma i %My Orange County zCommission M 2220482 Comm Expires Nov 2, 2021 Place Notary Seal Above I certifb wider PENALTY OF PERJURY trader the laws of the State of California that the foregoing paragraph is true and correct. WITNE by h, i and offici seal. Signature: i oatue of1, otary Pubis -------------- ------ —--------------------- -------- OPIYONAL ------------------ Though the information below is not required by law, it may prove valuable to persons rel}'ing on the document and could present fraudulent and reanchment'of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Ali Reza Yazdanshenas © Individual ❑ Corporate Officer — Titic(s): ❑ Partner: []Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's -Name: _ ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 23B-19 CITY OF SANTA ANA PROPOSAL. PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/z%of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors he registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the wort: to the firms listed below: Name NONE License #/Exp. DIR .Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Tvpe Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ &4a . Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-8 of P-16 23B-20 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies to] - which the BIDDER has performed similar work within the past three years. 1. City of' Anaheint Name and Address of Owner. Mr. Dan Setty, 714-765 4440 Name and Telephone Number of person familiar with project. 1.95 M Construction Of Water Well Contract Amount Type of Work 2. City of Anaheim April 2019 Date Completed Name and Address of owner. Mrs. Lisa O'Connell, 714-765 4225 Name and Telephone Number of person familiar with project. 730 K Booster Station July 2018 Contract Amount Type of Work Date Completed 3, City of Garden Grove Name and Address of owner. Mr. Samuel Kim, 714 7415534 Name and Telephone Number of person familiar with project. 3.285 M Booster Station Aug. 2016 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Pinnacle Surety Insurance Services 151 Kahnus Drive 9201, Costa Mesa, Ca, 92626 P-9 ofP-16 23B-21 _ __ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORM WATER LIFT STATION RENOVATION ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for TIIREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I. City Of Anaheim, 201 S. Anaheim Blvd., Anaheim, CAI Name and Address of Owner. Mr. David Kim, 714-765 4206 Name and Telephone Number of person familiar with project. 295K Pressure Regulating Station 2018 Contract Amount Type of Work Date Completed 2. City of Garden Grove, 11222 Aecacia Pkway, Garden Grove, Cal., Name and Address of owner. Mr. Samuel Kim, 714-741 5534 Name and Telephone Number of person familiar with project. 3.285M Booster Station 2016 Contract Amount Type of Work 3 City of Santa Ana, 20 Civic Center Plaza Name and Address of owner. Mr. Micheal Ortiz 714-615 0892 Name and Telephone Number of person 'familiar with project. 4.2 M Contract Amount Booster Station Type of Work Date Completed 90% done Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. P-10 of P-16 23B-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LI1=T STATION RENOVATION NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, Further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or ally breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me See Attached Notary Public Signature Notary Public Seal P-11 ofP-16 23B-23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' CIVIL CODE 1189 A notary public or other officer completing this Certificate verifies only the identity of the individual who signed the document to )ahicb this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of orange ) On 04/1512019 before me. V. Copeland _ Notary Public, personally appeared All Yazdanshenas Nanre(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name.(,-,) is/are subscribed to the within instrument and acknowledged to me that ho/slie/they executed the same in his/lieiftheir authorized capaeity(ics), and that by lvsfherAh6r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. d I IJolerVy PCuG6P�Cf-thGNao GO(MSI:172ira{ a4ui V ff My C62,ira Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITN iy ht)and offi la seal. Signature: Si nature orNottuy Public -- ---------------------------- ------- ------ ---- OP17ONAL ------ ------------------------ -------------------- Thougli the information below is not required by law, it may prone valuable to persons retying on the document and could present fnmdulent and reattachment of this farm to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above:_ Capacity(ies) Claimed by Signer(s) Signer's Namce ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner: ❑Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—'1'itle(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:_ Rev. 1-15 23B-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, daring the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in at I solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor anion or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 ofP-16 23B-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Starts. 1939. and as amended, no discrimination shrill be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Awns enas Title: President Firm: Amaz Engineering Contractors, In. Date: 4/20/2019 P-13 of P-16 23B-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of 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. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: '0' . Ali Yazd-anshenas Title: President Firm: Date: Arnaz Engineering Contractors, Inc. -20 P-14 of P-16 23B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (13 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: � 7eg Ali az ansienas Title: President Firm: Arnaz Engineering Contractors, Inc. Date: ey--I T,- 2-o t P-15 ofP-16 23B-28 __ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-2675 CIVIC CENTER STORMWATER LIFT STATION RENOVATION PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-16 of P-16 23B-29 23B-30 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 17-2675 CIVIC CENTER STORMWATER LIFT STATIONS RENOVATION PROJECT This CONSTRUCTION CONTRACT is made and entered into this 16"' day of July, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Arnaz Engineering Contractors, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to constrict and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Civic Center Stormwater Lift Stations Renovation Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Twenty-two Thousand and No Cents ($1,022,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/0v2017 23B-31 Page 1 of 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: httD://www.santa-ana.org/-ow,i/docuinents/CWA.i)df 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. M 23B-32 Page 2 of 3 IN WITNESS WFIEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: !9/. T JCWIN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Arnaz Engineering Contractors, Inc. NAME: l< TITLE:` r .'_;I' , Page 3 of 3 23B-33 23B-34 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17-2675: Civic Center Stormwater Lift Stations Construction Contract $ 1,022,000.00 Contract Administration $ 66,100.00 Inspection and Testing $ 87,200.00 Contingencies $ 154,700.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,330,000.00 23B-35 23B-36 EXHIBIT 5 III V T.. o�noBN O O II 23B-38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE A MEMORANDUM OF UNDERSTANDING WITH CO -LOCATED PARTNER ORGANIZATION HOME OWNERSHIP OC AT THE WORK CENTER AND AUTHORIZE REIMBURSEMENT FROM PARTNER IN THE ESTIMATED AMOUNT OF $22,117 FOR TERM EXPIRING JUNE 30, 2022 (STRATEGIC PLAN NO. 2,4) A �� CITY M NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2na Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board and Home Ownership OC, which outlines the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a term beginning August 1, 2019 to June 30, 2022 in the estimated amount of $22,117, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute non -substantive amendments such as adjustments of shared operational expenses during the term of the Memorandum of Understanding. WORKFORCE DEVELOPMENT BOARD RECOMMENDATION At its regular meeting on May 16, 2019, by a vote of 13:0 (Alegre, Baetz, Korthuis, and Smith absent) the Workforce Development Board approved the recommended action. Under the Workforce Innovation and Opportunity Act (WIOA) local workforce boards, with the agreement of the local elected body, are responsible for developing a Memorandum of Understanding (MOU) with each of the America's Jobs Center of California (AJCC) partners to identify shared services, resources, and share in the operational costs of the WORK Center (AJCC). The law envisions that the local board will act as both the convener of the MOU 25A-1 MOU with Home Ownership OC at the WORK Center July 16, 2019 Page 2 negotiations as well as to provide oversight of how the One Stop services are delivered within the local area. Home Ownership OC, a 501(c)(3) non-profit organization expressed an interest to enter into an MOU and co -locate with the WORK Center (219 Square Feet). The organization focuses on providing free foreclosure prevention programs. Programs include credit and budget coaching, homebuyer coaching, foreclosure prevention and post purchase coaching. These services complement the WORK Center's current workforce programs specifically by counseling laid -off workers who are concerned about making mortgage payments while unemployed. The MOU will have an effective date of August 1, 2019. Billing for rent and infrastructure costs will commence upon approval by City Council. Under the terms of the master lease, the base rent is scheduled to increase annually three percent. Recurring infrastructure expenses such as telephone, photocopier rental equipment and in -suite security will be evaluated annually with increased costs shared by the on -site partners based on the allocation method identified in the MOU. This action will give the City Manager authority to approve non -substantial amendments to the MOU's such as adjustments to the shared costs that may arise during the three-year MOU term. The chart below reflects the shared occupancy by Home Ownership OC and their financial contributions to run the center: Partner Organization Sq. Ft. of Year 1 Contribution 1 Occupancy (Rent, equipment and infrastructure) Home Ownership OC 1.13% $6,781 ' Year 1 contribution rounded to nearest dollar and based on assumption of a move in date of August 1, 2019 — June 30, 2020. it also includes share of initial infrastructure costs prepaid by the City in FY 2017-18. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #2 Youth Education, Recreation, to objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT The City Council approved the master lease agreement for the office space at 801 W. Civic Center Drive on October 3, 2017. Additionally, in FY 2017-18, the WORK Center paid all the initial infrastructure costs necessary to prepare the new center for occupancy. On May 7, 2019, the City Council approved the first amended and restated Phase II Memorandum of Understanding with co -located partner organizations at the WORK Center and authorized reimbursement from partners in the estimated amount of $1,280,530. 25A-2 MOU with Home Ownership OC at the WORK Center July 16, 2019 Page 3 The table below reflects the additional estimated contribution amounts to be received from Home Ownership OC for the duration of the MOU. The partner organization will be invoiced for their share of the AJCC monthly operations and the funds will be deposited upon receipt into the following accounts: Account No. Account Description FY 19-20 FY 20-21 FY 21-22 TOTAL 12318002-57960 WIOA Revenues: Rental of Property $5,460 $6,135 $6,319 $17,914 12318751-various One Stop Program: Various 1,035 1,130 1,130 3,295 02518002-57000 CDA Special Revenue: Expense Reimbursement 250 272 272 794 12318002-57000 WIOA Revenues: Expense Reimbursement 36 39 39 114 TOTAL $6,781 $7,576 $7,760 $22,117 Amounts rounded to nearest dollar The amounts may be subject to change upon execution of amendments to the Memorandum of Understanding with the partners. APPROVED AS TO FUNDS AND ACCOUNTS: Steven A. Mendoza Kathryn Downs, CPA (b Executive Director Executive Director F-+.S bras Community Development Agency Finance and Management Services Agency Exhibit: 1. Memorandum of Understanding — Home Ownership OC 25A-3 25A-4 EXHIBIT 1 Memorandum of Understanding For Santa Ana Workforce Development Board and the -Home Ownership OC 25A-5 MEMORANDUM OF UNDERSTANDING 1) LEGAL AUTHORITY The Workforce Innovation and Opportunity Act ("WIOA') see. 121(c)(1) requires that each Local Workforce Development Area develop and enter into a Memorandum of Understanding ( "MOU") with each America's Job Center of California ("AJCC") Partner, consistent with WIOA Sec. 121(c)(2). This requirement is further described in the WIOA; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the AJCC System Joint Provisions: Final Rule at 20 CFR 678.500, 34 CFR 361.500, and 34 CFR 463.500, and in Federal guidance. Additionally, the sharing and allocation of infrastructure costs among AJCC Partners is governed by WIOA sec. 121(h), its implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200. 2) PARTIES The parties to this MOU are the City Council of the City of Santa Ana, the Santa Ana Workforce Development Board ("SAWDB'J, and the Home Ownership:OC, a collocated one -stop AJCC Partner located at the Santa Ana WORK Center, 801 W. Civic Center Drive, Suite 200, Santa Ana, CA 92701. 3) PURPOSE The purpose of the MOU is consistent with the provisions of WIOA sec. 121(c)(1), to establish a cooperative working relationship between the SAWDB and Home Ownership OC, the collocated AJCC Partner, and to define their respective roles and responsibilities concerning the operation of the AJCC as it relates to shared services and customers. It serves to establish the framework for providing services to employers, employees, job seekers and others needing workforce services. It also serves to establish a framework to support the established service delivery through the sharing of resources and costs. 4) DURATION This MOU shall become effective as of the date of full execution of the MOU by all Parties ("Effective Date') and terminate -June 30, 2022. This MOU will be reviewed not less than once every three years to ensure appropriate funding and delivery of services and to identify any substantial changes that require modification of this MOU. This MOU will remain in effect until the termination date, unless one of the conditions in section 32 occurs. 5) MODIFICATIONS AND REVISIONS This MOU and its Attachments 1, 2, 3, 3-1, 4, and 5 constitute the entire agreement between the parties, and no oral understanding not incorporated herein shall be binding on any of the parties 2 25A-6 hereto. This MOU may be modified, altered, or revised, as necessary, by mutual consent of the parties, by the issuance of a written amendment, signed and dated by the parties, which may require approval by the governing body of each Parry. Assignment of responsibilities under this MOU by any of the parties shall require prior written notice and preapprovak of all parties. Any assignee shall also commit in writing to the terms of this MOU. 6) SANTA ANA WORKFORCE DEVELOPMENT STRATEGIES Santa Ana's vision rests on integrating current and future resources through its SAWDB Partners. Integrationsuggests more than partnering or assembling multiple funding sources. It means making certain that all elements of the workforce support system work together to create inviting and seamless services wherever a client enters the system. Santa Ana's vision is sensitive to the needs of its unique demographics. The SAWDB's overall strategies include: a) Identifying regional industry clusters (e.g., manufacturing cluster, medical cluster, etc.) to create new jobs in which Santa Ana's workforce can participate; b) Expanding small business development support as a creator of new jobs and method for growing the local tax base; c) Educating Santa Ana's current and future workforce through classroom pre -training and training activities, plus on-the-job training and workforce skill enhancement activities; d) Offering career pathway programs for both unemployed and employed adults and youth; e) Increasing access to jobs for disconnected and underserved populations, especially youth; f) Organizing, integrating and supporting social and other services through the SAWDB's network of partnerships, volunteer organizations, and established institutional resources; and, g) Assuring funding from all public, private, and other sources in support of its programs. 7) ONE -STOP SYSTEM & SERVICES A. LOCATION The AJCC is currently located in Santa Ana as follows: American Job Center (Comprehensive AJCC) Santa Ana WORK CENTER 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 (714) 565-2600 Open to the Public: Monday — Friday 8:00 am-5:00 pm The AJCC is currently located at the Santa Ana WORK Center (" SAWC'J as described in the Location of AJCC and all Partners, attached herein as Attachment 1 and incorporated herein by reference. Santa Ana ranks as the fourth densest city in the entire nation. SAWC, through its central location in downtown Santa Ana, shall provide and/or coordinate WIOA services to individuals, providing them with the necessary skulls to participate in building a world -class workforce in Santa Ana. The SAWC offers the community a variety of informational, employment and training 3 25A-7 services based on individual needs. Those needs are met by the combined efforts of the SAWC Partners as described by the Santa Ana AJCC Partner Services, included herein as Attachment 2 and incorporated herein by reference. IEL SERVICES PROVIDED AT THE SANTA ANA WORK CENTER Services and referrals provided at the SAWC by AJCC Partners may include, but are not limited to, the following: 1. Basic Career Services: a. Eligibility determination; b. Outreach, intake, and orientation to information and services; c. Initial assessment of skill levels, including: literacy, numeracy, and English proficiency; and, aptitudes, abilities, and support service needs; d. Labor exchange services, including: i. Job vacancy listings in labor market areas; ii. Information on job skills needed to obtain the vacant jobs; and, iii. Information relating to in -demand occupations, including earnings and opportunities for advancement; e. Provision of performance and program cost information on the Eligible Training Provider List ("ETPL") eligible programs by program and type of provider f. Provision of information in acceptable formats and languages that identify actual performance against performance accountability measures g. Provision of information related to support services h. Provision of information and assistance in filing Unemployment Insurance claims; and, i. Assistance in establishing eligibility for programs of financial aid assistance for training and education programs not funded through WIOA. 2. Individualized Career Services: a. Comprehensive and specialized assessment of skill levels and service needs including: Diagnostic testing; and, other assessment tools; b. In-depth interview and evaluation to determine barriers and goals; c. Development of Individual Employment Plan (IEP) to identify goals, objectives, and services; d. Group counseling; e. Individual counseling; f. Career planning; g. Short-term pre -vocational services, including: development of learning skills; communication skills; and, other soft skills to prepare individuals for employment or training; h. Workforce preparation activities, including: basic academic; and, obtaining other skills necessary for successful transition into postsecondary education, training or employment; i. Financial literacy services; and, j. Out -of -area job search assistance and relocation assistance. 4 25A-8 3. Training Services: a. Occupational skills training; b. On -the -Job training; c. Incumbent worker training; d. Programs that combine workplace training with related instruction, which may include cooperative education programs; e. Training programs operated by the private sector, f. SkilI upgrading and retraining; g. Entrepreneurial training programs; h. Transitional jobs; i. Job readiness training provided in combination with any of the aforementioned training Services; j. Adult education and literacy activities, including: activities of English language acquisition; and, integrated education and training programs provided concurrently or in combination with any of the aforementioned training services; k. Customized training; 1. Internships and work experiences that are linked to careers; and, m. English language acquisition and integrated education and training program. 4. Employer Services: a. Recruitment and other business services on behalf of employers. C. SYSTEM STRUCTURE 1. AJCC ONE -STOP OPERATOR PROCUREMENT The SAWDB will procure the AJCC Operator through a competitive process in accordance with the Uniform Guidance Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 (Uniform Guidance), including the Office of Management and Budget's (OMB) approved exceptions for the U.S. Department of Labor at 2 CFR part 2900, WIOA and its implementing regulations, and local procurement laws and regulations. All documentation for the competitive AJCC operator procurement will be available for public inspection. The State requires that the AJCC operator is re -competed at least every three years and no later than every four years. 2. ROLES AND RESPONSIBILITIES OF PARTIES a. Provision of Applicable Career Services and Participation in Planning and Development: The parties to this MOU will work closely together to ensure that the AJCC is a high -performing work place with staff that ensure quality of service. The AJCC Partner has indicated they shall provide an array of applicable career services to clients as set forth in the Santa Ana AJCC Partner Services. The AJCC Partner agrees to the responsibilities required of all Partners under WIOA Section 121(b). In addition, the AJCC Partners will participate in joint planning, plan development, and modification of activities to accomplish the following: i. Continuous partnership building; ii. Continuous planning in response to state and federal requirements; and, 25A-9 iii. Responsiveness to local and economic conditions, including employer needs. Parties agree to the co -enrollment of mutual customers in case management to better leverage the resources available for the benefit of the participant and enhance successful outcomes and participate in the operation of the one -stop system consistent with the terms of the MOU and requirements of authorized laws. Both parties agree to inform each other immediately when a customer violates an established policy that would require them to he banned from the center or behavior that requires police intervention. Parties agree to collaborate and reasonably assist each other in the development of necessary service delivery protocols for the services outlined in this MOU. Parties agree that the provisions contained herein are made subject to all applicable federal and state laws, implementing regulations, and guidelines imposed on either or all the parties relating to privacy rights of customers, maintenance of records, and other confidential information relating to customers. Parties agree that all equipment and furniture purchased by any party for purposes described herein shall remain the property of the purchaser after the termination of this MOU. b. Partles shall comply with: i. Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule, published December 2, 2016); ii. Title VI and VII of the Civil Rights Act of 1964 (Public Law 88-352), as amended; iii. Section 504 of the Rehabilitation Act of 1973, as amended; iv. The Americans with Disabilities Act of 1990, as amended; V. The Jobs for Veterans Act (Public Law 107-288) pertaining to priority of service in programs funded by the U.S. Department of Labor; vi. Training and Employment Guidance Letter (TEGL) 37-14, Update on Complying with Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce Development System and other guidance related to implementing WIOA sec. 188; vii. The Non-traditional Employment for Women Act of 1991; viii. The Age Discrimination Act of 1967, as amended; ix. The Age Discrimination Act of 1975, as amended; x. Title DX of the Education Amendments of 1972, as amended; 25A-10 xi. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part 99); xii. Title IX of the Education Amendments of 1972, as amended; xiii. Confidentiality requirements governing the protection and use of personal information held by the VR agency (34 CFR 361.38); xiv. The confidentiality requirements governing the use of confidential information held by the State UI agency (20 CFR part 603); and, . xv. All amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. The Parties agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or activity that requires policy intervention. 8) COLLOCATED AJCC PARTNER RESPONSIBILITIES Partner commits to collocation of staff, as appropriate, and to providing other professional learning opportunities that promote continuous quality improvement. Partner will further promote system integration to the maximum extent feasible through: a. Effective communication, information sharing, and collaboration with the AJCC operator; b. Joint planning, policy development, and system design processes; c. Commitment to the joint mission, vision, goals, strategies, and performance measures; d. The design and use of common intake, assessment, referral, and case management processes; e. The use of common and/or linked data management systems and data sharing methods, as appropriate; f. Leveraging of resources, including other public agency and non-profit organization services; g. Participation in a continuous improvement process designed to boost outcomes and increase customer satisfaction; and h. Participation in regularly scheduled Partner meetings to exchange information in support of the above and encourage program and staff integration. Partner shall provide applicable career services to clients as set forth in the Santa Ana AJCC Partner Services. 7 25A-11 9) REFERRALS The primary principle of the referral system is to provide integrated and seamless delivery of services to workers, job seekers, and employers. In order to facilitate such a system, Partners will ensure and agree to; a. Familiarize themselves with the basic eligibility and participation requirements, as well as with the available services and benefits offered, for each of the Partners' programs represented in the AJCC network; b. Develop materials summarizing their program requirements and making them available for Partners and customers; c. Develop and utilize common intake, eligibility determination, assessment, and registration forms, as appropriate; d. Provide substantive referrals to customers who are eligible for supplemental and complementary services and benefits under Partner programs; e. Regularly evaluate ways to improve the referral process, including the use of customer satisfaction surveys; f. Commit to robust and ongoing communication required for an effective referral process; g. Commit to actively follow up on the results of refetrals and assuring that Partner resources are being leveraged at an optimal level; h. Ensure that intake and referral processes are customer -centered with the intent to provide high quality customer service; i. Ensure that general information regarding AJCC programs, services, activities, and resources shall be made available to all customers as appropriate; j. Ensure that referrals will be made via email or other electronic means; k. Ensure that referrals will include a direct link or access to other AJCC Partner staff that can provide meaningful information or service, through the use of co -location, or real-time technology (two-way communication and interaction with AJCC Partners that results in services needed by the customer); and, 1. Ensure that the referral process will include specific staff name, the activity required, desired outcome and a method for communicating back to the referring agency that the service need was addressed. H 25A-12 10) SUPERVISIONMAY TO DAY OPERATIONS a. Day -to -Day Supervision The day -today supervision of staff assigned to the AJCCs will be the responsibility of the site supervisor(s). Partner will continue to set the priorities of its staff assigned to the AJCC. Any change in work assignments or any concerns involving the responsibilities of the parties which occur at the worksite will be handled by the site supervisor(s) and Partner management. b. Santa Ana WORK Center Hours of Operation The SAWC is open for business: Monday through Friday from 8:00 am until 5:00 pm. c. Partner Staff Office Hours The office hours for Partner staff at the AJCC will be established by the Partner. All Partner staff will comply with their corresponding holiday schedule and will provide a copy of their holiday schedule to the SAWDB and SAWC at the beginning of each fiscal year. d Building Accessibility All Partner staff assigned to the SAWC.will be issued an access card to SAWC suite 200 and a parking lot pass that allows them to enter and exit the parking lot. It is all individual staffs responsibility to keep them secure. Should they damage or lose them they can be replace by the SAWDB at the expense of the individual agency staff. e. Benefits Each party shall be solely liable and responsible for providing to, or on behalf of, its employee(s), all legally -required employee benefits. In addition, each party shall be solely responsive and hold all other parties harmless from all matters relating to payment of each party's employee(s), including compliance with social security withholding, workers' compensation, and all other regulations governing such matters. 11)AJCC OPERATING BUDGET The purpose of this section is to establish a financial plan, including terms and conditions, to fund the services and operating costs ofthe local AJCC. The parties to this MOU agree that joint funding is a necessary foundation for an integrated service delivery system. The goal of the operating budget is to develop a funding mechanism that: a. Establishes and maintains the Local workforce delivery system at a level that meets the needs of the job seekers and businesses in the Local area; b. Reduces duplication and maximizes program impact through the sharing of services, resources, and technologies among Partners (thereby improving each program's effectiveness); 25A-13 c. Reduces overhead costs for any one Partner by streamlining and sharing financial, procurement, and facility costs; d. Ensures that costs are appropriately shared by AJCC Partners by determining contributions based on the proportionate use of the AJCC centers and relative benefits received, and requiring that all funds are spent solely for allowable purposes in a manner consistent with the applicable authorizing statutes and all other applicable legal requirements, including the Uniform Guidance; and, e. All parties will meet and confer regarding replacement, acquisition, cleaning and maintenance of furnishings. The parties consider this AJCC operating budget the master budget that is necessary to maintain the SAWDB's high -standard AJCC. It includes the following cost categories, as required by WIOA and its implementing regulations: a. hnfrastructure costs (also separately outlined below in the b*astructure Funding Agreement); b. Career services; and c. Shared services. .All costs must be included in the MOU, allocated according to the AJCC Partner's proportionate use and relative benefits received, reconciled every six (6) months against actual costs incurred, and adjusted accordingly. The AJCC operating budget is expected to be transparent and negotiated among Partners on an equitable basis to ensure costs are shared appropriately. All Partners must negotiate in good faith and seek to establish outcomes that are reasonable and fair. All Partners must adhere and reference the rules and regulations included in the executed Office Lease, attached hereto as Attachment 5 and incorporated herein by reference. 12) INFRASTRUCTURE FUNDING AGREEMENT The Infrastructure Funding Agreement ("IFA") contains the infrastructure costs budget that is an integral component of the overall AJCC operating budget. The IFA is a mandatory component of the local MOU, described in WIOA sec. 121(c) and 20 CFR 678.500 and 678.755. The IFA contains the AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget, included herein as Attachment 3 and incorporated herein by reference, that is an integral component of the overall AJCC operating budget. The other component ofthe IFA is the Applicable Career Services, attached herein as Attachment 3-1 and incorporated herein by reference, which includes the shared operating costs and shared services. The overall AJCC operating budget includes the Comprehensive Cost Allocation and Partner Contributions, attached herein as Attachment 4 and incorporated herein by reference. AJCC infrastructure costs are defined as non -personnel costs that are necessary for the general operation of the AJCC, including, but not limited to: a Rental of the facilities; b. Utilities and maintenance; 10 25A-14 c. Equipment, including assessment -related products and assistive technology for individuals with disabilities; and, d. Technology to facilitate access to the AJCC, including technology used for the center's planning and outreach activities. Changes in the AJCC Partners or an appeal by an AJCC Partner's infiwtructure cost contributions will require an amendment of the MOU. 13) COST ALLOCATION METHODOLOGY The purpose of this inflastructure cost sharing methodology is to summarize, in writing, the methods and procedures that the SAWDB will use to share costs with the AJCC Partner. The AJCC Partner agrees. that it will be charged on a monthly basis according to the following cost sharing methodology, and that monthly payment will be submitted within the first ten (10) calendar days of each month. 14) INFRASTRUCTURE COST ALLOCATION METHODOLOGY a. Rent Costs: Rent costs shall be based only on the base rent. The base rent is derived from the total assigned square footage, calculating the percentage of usage by AJCC Partner and applying that percentage to the common area square footage. Assigned square footage plus the percentage of common area square footage equals total square footage for each AJCC Partner. Total square footage for each AJCC Partner multiplied by the base rent per square foot equals total base rent for each AJCC Partner as indicated in the AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget and the Comprehensive Cost Allocation and Partner Contributions. The base rent has an annual increase of no more than 3% over the five-year life of the Office Lease document (Attachment 5 attached herewith and incorporated herein by reference). b. Utilities and Maintenance: This section includes only telephone services, which includes voice -mail on AJCC Partners' phones. Costs for staff phones are charged based on the AJCC Partner's assigned space. Common area phones will be charged according to space allocation. c. Telephones: Telephone costs include the cost of purchasing and installing a new phone system utilized by the AJCC Partners. Telephone costs are based on the actual cost for telephones in assigned spaces. Common area telephones are allocated based on percentage of space allocation. d. Technologv and Internet Access Costs: Installation of Network Wireless Bridge will be a monthly charge based on costs from the vendors (see Attachment 3). The cost per AJCC Partner is derived from the calculation of total percentage of space used by each AJCC Partner. Recurring monthly charges for Internet, Wi-Fi and other technology charges are allocated based on the percentage of total space allocated. Access Card System installation and programing of the key card system, Data & Phone cabling and Switches will be a monthly charge to all collocated Partners based on allocated space. 15) INFRASTRUCTURE CONTRIBUTIONS The AJCC Partner may provide cash, non -cash (in- kind), and third -party in -kind contributions to cover its share of infrastructure costs. In -kind contributions cannot be used to fund non- 11 25A-15 infrastructure costs (such as personnel), and must be valued consistent with Uniform Guidance Section 200.306 to ensure such contributions are fairly evaluated and qualify for the AJCC Partner's proportionate share. If third -party in -kind contributions are made to support the AJCC as a whole (such as facility space), that contribution will not count toward the AJCC Partner's proportionate share of the infrastructure. Rather, the value of the contribution will be applied to the overall infrastructure budget prior to determining proportionate amounts and thereby reduce the contribution required for all AJCC Partners. a. Cash Cash funds provided to the SAWDB, or its designee, by AJCC Partners, either directly or by an interagency transfer, or by a third party. b. Non -Cash Expenditures incurred by AJCC Partners on behalf of the AJCC; and Non -cash contributions or goods or services contributed by a Partner program and used by the AJCC. c. Third party In -kind Contributions of space, equipment, technology, non -personnel services, or other like items to support the infrastructure costs associated with AJCC operations, by a non-AJCC Partner to: Support the AJCC in general; or, Support the proportionate share of AJCC infrastructure costs of a specific Partner [20 CFR 678.720; 20 CFR 678.760; 34 CFR 361.720; 34 CFR 361.760; 34 CFR 463,720; and 34 CFR 463.760]. 16) OTHER AJCC DELIVERY SYSTEM COSTS In compliance with WIOA Joint Rule Section 678.760, the AJCC Partners will use a portion of funds made available under their authorizing federal statute (or fairly evaluated in -kind contributions) to share the additional costs relating to the operation of the One -Stop delivery system. These costs may be shared through cash, non -cash, or third -party in -kind contributions. As required by WSDl6-09, the amount of funds that the AJCC Partner has budgeted to expend on applicable career services and other shared services, which cumulatively with the other AJCC Partners budgeted amounts shall form the Comprehensive Cost Allocation and Partner Contributions. a. Career Services Applicable to the AJCC Partner The AJCC Partner shall provide applicable career services to clients as set forth in the Santa Ana AJCC Partner Services. The agreed upon Applicable Career Services Budget is set forth in Attachment 3-1 attached hereto and incorporated herein by reference. This budget consists of the AJCC Partner's costs for the service delivery of each applicable career service indicated in the Santa Ana AJCC Partner Services. b. Required Consolidated Budget for the Delivery of "Applicable Career Services" The other system costs budget must be a consolidated budget for applicable career services. This budget must include each of the Partner's costs for the service delivery of each applicable career 12 25A-16 service and a consolidated system budget for career services applicable to more than one Partner as indicated in the Comprehensive Cost Allocation and Partner Contributions. AJCC Partners understand that while only collocated Partners share infrastructure costs, at this time, all AJCC Partners must share in other System costs through non -cash (in -kind) contributions as set forth herein. 17) DATA SHARING "Workforce Services Directive 16-23 from the Employment Development Department and the California Workforce Development Board, mandates the use of one integrated data system. Accordingly, all Title I Workforce Innovation and Opportunity Act (WIOA) recipients and sub - recipients are required to be direct entry into Ca1JOBS " Parties further agree that the collection, use, and disclosure of customers' personally identifiable information (PII) is subject to various requirements set forth in Federal and State privacy laws. Partners acknowledge that the execution of this MOU, by itself, does not function to satisfy all of these requirements. All data, including customer PII, collected, used, and disclosed by Partners will be subject to the following: a. Customer PII will be properly secured in accordance with the SAWDB's policies and procedures regarding the safeguarding of PII; b. The collection, use, and disclosure of customer education records, and the PII contained therein, as defined under FERPA, shall comply with FERPA and applicable State privacy laws; c. An confidential data contained in Unemployment Insurance wage records must be protected in accordance with the requirements set forth in 20 CFR part 603; d. All personal information contained in Vocational Rehabilitation records must be protected in accordance with the requirements set forth in 34 CFR 361.38; e. Customer data may be shared with other programs, for those programs' purposes, within the AJCC network only after the informed written consent of the individual has been obtained, where required; is Customer data will be kept confidential, consistent with Federal and State privacy laws and regulations; and, g. All data exchange activity will be conducted in machine readable format, such as HTML or PDF, for example, and in compliance with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)). All AJCC and Partner staff will be trained in the protection, use, and disclosure requirements governing PII and any other confidential data for all applicable programs, including FERPA- 13 25A-17 protected education records, confidential information in U1 records, and personal information in VR records. 18) CONFIDENTIALITY All parties expressly agree to abide by all applicable Federal, State, and local laws and regulations regarding confidential information, including PH from educational records, such as but not limited to 20 CFR Part 603, 45 CFR Section 205.50, 20 USC 1232g and 34 CFR part 99, and 34 CFR 361.38, as well as any applicable State and local laws and regulations. Each party will ensure that the collection and use of any information, systems, or records that contain PH and other personal or confidential information will be limited to purposes that support the programs and activities described in this MOU and will comply with applicable law. Each party will ensure that access to software systems and files under its control that contain PH or other personal or confidential information will be limited to authorized staff members who are assigned responsibilities in support of the services and activities described herein and will comply with applicable law. Each party expressly agrees to take measures to ensure that no PII or other personal or confidential information is accessible by unauthorized individuals. To the extent that confidential, private, or otherwise protected information needs to be shared amongst the parties for the parties' performance of their obligations under this MOU, and to the extent that such sharing is permitted by applicable law, the appropriate data sharing agreements will be created and required confidentiality and ethical certifications will be signed by authorized individuals. With respect to confidential unemployment insurance information, any such data sharing must comply with all of the requirements in 20 CFR Part 603, including but not limited to requirements for an agreement consistent with 20 CFR 603.10, payments of costs, and permissible disclosures. With respect to the use and disclosure of FERPA-protected customer education records and the PH contained therein, any such data sharing agreement must comply with all of the requirements set forth in 20 U.S.C. § 1232g and 34 CFR Part 99. With respect to the use and disclosure of personal information contained in VR records, any such data sharing agreement must comply with all of the requirements set forth in 34 CFR 361.38. 19) PRESS RELEASES AND COMMUNICATIONS All parties shall be consulted and notified prior to communicating with the press, television, radio or any other form of media regarding its duties or performance under this MOU. Participation of each party in press/media presentations will be determined by each parry's public relations policies. The parties agree to utilize the AJCC logo developed by the State of California and the SAWDB on buildings identified for AJCC usage. 14 25A-18 20) ACCESSIBIIdTY Accessibility to the services provided by the AJCCs and all Partner agencies is essential to meeting the requirements and goals of the local AJCC network. Job seekers and businesses must be able to access all information relevant to them via visits to physical locations as well as in virtual spaces, regardless of gender, age, race, religion, national origin, disability, veteran's status, or on the basis of any other classification protected under state or, federal law. 21) NON-DISCRIMINATION AND EQUAL OPPORTUNITY All parties to this MOU certify that they prohibit, and will continue to prohibit, discrimination, and they certify that no person, otherwise qualified, is denied employment, services, or other benefits on the basis of. (i) political or religious opinion or affiliation, marital status, sexual orientation, gender, gender identification and/or expression, race, color, creed, or national origin; (ii) sex or age, except when age or sex constitutes a bona fide occupational qualification; or (iii) the physical or mental disability of a qualified individual with a disability. 22) GRIEVANCES AND COMPLAINTS PROCEDURE The AJCC Partner agrees to establish and maintain a procedure for grievance and complaints as outlined in WIOA. The process for handling grievances and complaints is applicable to customers and Partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete hearing and resolution of their grievance. The Partner further agrees to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. All Partners agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or involves police authorities. 23) AMERICAN'S WITH DISABILITIES ACT AND AMENDMENTS COMPLIANCE The AJCC Partner agrees to ensure that the policies and procedures as well as the programs and services provided at the AJCC are in compliance with the Americans with Disabilities Act (" ADA') and its amendments. Additionally, the SAWDB and the AJCC Partners will ensure that policies and procedures established by the SAWDB and the AJCC Partners are in compliance with the ADA. 24) HOLD HARMLESS/INDEMKMCATION/LIABILITY In accordance with provisions of Section 895.4 ofthe California Government Code, each signatory hereby agrees to indemnify, defend and hold harmless all other signatories identified in this MOU from and against any and all claims, demands, damages and costs arising out of or resulting from any negligent acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOU. In addition, except for Departments of the State of California which cannot provide for indemnification of court costs and attorney's fees under the indemnification policy of the State of California, all signatories to this MOU agree to indemnify, defend and hold harmless each other from and against all court costs and attorney's fees arising out of or resulting from any negligent acts or omissions which arise from the performance of the 15 25A-19 obligations by such indemnifying party pursuant to this MOU. It is understood and agreed that all indemnity provided herein shall survive the termination of this MOU. 25)SEVERABIIdTY If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU shall remain in force. 26) DRUG AND ALCOHOL -FREE WORKPLACE All parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR part 182 which require that all organizations receiving grants from any Federal agency maintain a drug -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment under 2 CFR part 180, as adopted by the U.S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29 CFR part 94. 27) CERTIFICATION REGARDING LOBBYING All parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. Section1352), 29 C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The parties shall not lobby federal entities using federal finds and will disclose lobbying activities as required by law and regulations. 28) DEBARMENT AND SUSPENSION All parties shall comply with the debarment and suspension requirements (E.0.12549 and12689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S. Department of Education at 2 CFR 3485. 29) PRIORITY OF SERVICE All parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIOA title I Adult program, as required by 38 U.S.C. sec. 4215 and its implementing regulations and guidance, and WIOA sec. 134(c)(3)(E) and its implementing regulations and guidance. Partners will target recruitment of special populations that receive a focus for services under WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and English language learners. 30) BUY AMERICAN PROVISION Each party that receives funds made available under title I or H of WIOA or under the Wagner- Peyser Act (29 U.S.C. Section 49, et seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the "Buy American Act.") and as referenced in WIOA Section 502 and 20 CFR 683.200(f). 16 25A-20 31) SALARY COMPENSATION AND BONUS LIMITATIONS Each party certifies that, when operating grants funded by the U.S. Department of Labor, it complies with TEOL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109- 234, TEOL 17-15, Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities Program Allotments for Program Year (PY) 2017; Final PY 2017 Allotments for the Wagner-Peyser Act Employment Service (ES) Program Allotments; and Workforce Information Grants to States Allotments for PY 2017, Public Laws 114-113 (Division H, title I, Section 105) and 114-223, and WIOA section 194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level H. 32) TERMINATION This MOU will remain in effect until the end date specified in section 4 above, unless. a. Federal oversight agencies charged with the administration of WIOA are unable to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this MOU succeeding the first fiscal period. Any party unable to perform pursuant to MOU due to lack of funding shall notify the other parties as soon as the party has knowledge that funds may be unavailable for the continuation of activities under this MOU; b. WIOA is repealed or superseded by subsequent federal law; c. Local area designation is changed under WIOA; and, d. A party breaches any provision of this MOU and such breach is not cured within thirty (30) days after receiving written notice from the SAWDB Chair (or designee) specifying such breach in reasonable detail. In such event, the non -breaching party(s) shall have the right to terminate this MOU by giving written notice thereof to the party in breach, upon which termination will go into effect immediately. In the event of termination, the parties to the MOU must convene within thirty (30) calendar days after the breach of the MOU to discuss the formation of the successor MOU. At that time, allocated costs must be addressed This MOU is of no force or effect until signed by authorized representatives of the participating parties, and approved by the Chief Local Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIOA Plan. Any party may withdraw from this MOU by giving written notice of intent to withdraw at least thirty (30) calendar days in advance of the effective withdrawal date. If agreed to by all parties, the timeframes for notice may be reduced or extended Notice of withdrawal shall be given to the SAWDB at the address listed in the signed attachments of this MOU, and to the contact person so listed, considering any information updates received by the parties, a courtesy notification shall be made to all parties of this MOU in a timely manner. 17 25A-21 33) NOTICES All notices, requests, claims, correspondence, reports, statements authorized or required by this Agreement, and/or other communications shall be addressed as follows: City of Santa Ana: City of Santa Ana Administration Services 801 W. Civic Center Dr., Suite 200 Santa Ana, CA 92701 PARTNER: Home Ownership OC 23171 Formello, Laguna Hills CA 92653 34) INSURANCE The AJCC Partners agree that their current in force insurance or self-insurance coverage programs shall apply to their operations performed under the Workforce Innovation Opportunity Act and at the SAWC, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonesty/crime coverages. The City of Santa Ana shall be named as additional insured for such insurance and the coverage shall be primary and non-contributory with regard to the City. 35) AUTHORITY AND SIGNATURES The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. ATTACHMENTS Attachment 1: AJCC Partners Location and Map Attachment 2: Santa Ana AJCC Partner Services Attachment 3: AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget Attachment 3-1: Applicable Career Services Attachment 4: Comprehensive Cost Allocation and Partner Contributions Attachment 5: Office Lease 18 25A-22 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. FOR THE CITY OF SANTA ANA Attest: Norma Mitre, Acting Clerk of the Council City of Santa Ana: Kristine Ridge, City Manager Recommended for Approval: Approved as to Form: So alho, City Attorney Steven A. Mendoza, Executive Director Ry . lodge, Assistant City Attorney Community Development Agency FOR j$ANTA ANAWORKFORCE DEVELOPMENT BOARD Stacey Sanchez, Chair FOR AMERICA'S JOB Home Ownership OC AJCC Partner @7v� Jose S' va Press ent/Board Chair OF CALIFORNIA PARTNER 23771 Formello Laguna Hills CA 92653 Address S/z9 h q Date 19 25A-23 Attachment 1 AJCC Partners Location and Map Partner Program Partner Organization Authorization/Category Physically Co -Located Title I Adult, Dislocated City of Santa Ana WIOA Title I Adult, Dislocated Workers Workers and Youth Youth Programs Yes programs Rancho Santiago WIOA title 11 Adult Education and Family Community College Literacy Act (AEFLA) program Adult Education/ Literacy District Career and technical education (CTE) and Carl Perkins Career programs at the postsecondary level, No Technical Education authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seg.) Wagner-Peyser Employment WIOA title III Wagner-Peyser Employment Development Services, authorized under the Wagner-Peyser yes Department (EDD) Act (29 U.S.C. 49 at seq.), also providing the state's public labor exchange. Employment Jobs for Veterans State Grants (JVSG) Veterans Development authorized under chapter 41 of title 38, U.S.C. Yes Department EDD Employment Trade Adjustment Assistance (TAA), Trade Act Development authorized under chapter 2 of title II of the Yes Department DD Trade Act of 1974 19 U.S.C. 227let seg.) Unemployment Insurance Employment Unemployment Insurance (UI) programs under (UI) Development state unemployment compensation laws. No Department DD State Department of WIOA title IV State Vocational Rehabilitation Vocational Rehabilitation Rehabilitation program authorized under title I of the yes Services Rehabilitation Act of 1973 (29 U.S.C. 720 et seg.) Temporary Assistance for stance(TANF Social Service Agency- Temporary Assistance for Needy Families Needy Families Family Self -Sufficiency (TANF), authorized under part A of title IV of Yes the Social Security Act 42 U.S.C. 601 et seq.) Senior Aid Program Senior Community Service Employment Senior Aid Program Regions II & III Program (SC5EP), authorized under title V of yes SER-Jobs for Progress, the Older Americans Act of 1965 (42 U.S.C. Inc. 3056 et seg.) Job Corps Long Beach Job Corps WIOA Title I C, Jobs Corps No Native American Programs Southern California Indian and Native American Programs (Section No Indian Center 166 Housing & Urban Santa Ana Housing Housing & Urban Development (HUD) Yes Development Authority Adult Demonstration Orange County Reentry Employment Opportunities (EO) Sheriff's Department programs authorized under sec. 212 of the Second Chance Act of 2007 (42 U.S.C. 17532) No and WIOA sec. 169 Home Ownership OC Credit, Budget, Home Credit Counseling and Education to create Buyer and Post- homeownership opportunities. Yes Purchase Coaching Alternative Secondary Orange County Charter School certified as a Dashboard No Education hinovation High School Alternative School 25A-24 Attachment 1 AJCC Partners Location and Map Partner Program Partner Organization Authorization/Category Physically Co -Located Senior Citizens Service Asian American Senior 501(c)3 non-profit organization advocacy No Center Citizens Service Center organization serve and protects senior citizens. 25A-25 Attachment 1 AJCC Partners Location and Map 57J ¢.nWin rs. 27 SS G=114_Gn-JE EL _ ...�..._ r .r r FllE14SYn1 n'i. IRA% A.C. SA•:TACIARA A _ sAl7rAQ,Nu1 s:'. rr I 17f11 sT, r ; w I v:uelrrlGrl n:. r C mrti_ccti•rtn a-. g F r ! r I sn7 sT. SAT1fA MA EL 4fH ST. I I 1ST SS oJr VIUArOIN r i o G C N saAlrrut; Ft. (r l _ ••.• - ,. 9155 Wir.-STlrO.V_ JM1AA dry _ 1_AL1CQ ttl. �.�NTntj x.-4miiHLP. Et. �• ' C 1 ' i G .1 SLT7RC^hTR A'L .w. ASava An WORK Cc nix, (� Ccntrsnial Adah Cduceon Srla OoFartmurt of Long&wh fob Corps r ® AahahovCriian ®19735:nta Fa A.v. Amance;.k&CmtcroiColifcrnia V %9OOlS:Gdinrr:rtta. T09The Gt'r SuiW 110 lcng&tsctt CA9'3:10 Sol'A. CA: Centar D. Sanialna.092101 2cca GFa:sg4 U! 9Ls Santa Ana, U 92TO1 bran rCeon aaa;a.'.na Callga Sc-dal Scninr. >n_y Ag� Sannrl"sntntm Fartnom O ® O 15ID74i. vin St. 497E S. Gr_rd Ava E50 K. fl'rh St Emµoymcnt Do•�aloF nmDaP rtrnonl Santa Ana.U9'JsY Santa Arm.U92T0:• 5onta Ana. U "oi SLTtal7cFartmcnt ci F:F.tblirtirTs 0.0 So:i.l wne.ca: Agc my Ccllogo& Yla:kfarw CTPRO? Va7cy flich Sdh cl I3:nington Edu:aliun Ccrtm Cmcdnilf lydasiri:c 4 Pfgcrtioi Cantor O] IECt S.Grosznillo 10 1325 E. alh St. S[R'Soniar AN 7caoran 0 IS7211. Main St. Santa Aria CAv,,D4 Santa Ana.U97101 L,meGfe Crr,7a, U 97EL7 Attachmont 7 25A-26 E, r a Z O m a u g 0 o. Q O" m m m 00 O H O CL m O a H FF F= �" n: �"' m a: a ri tm ri a a a m a F O m 00 L a P- ke 00 n n m r, yj CC n 0 N to cO k 00 m Ev v v, fl E m cn vn m .m n Iu N N (V N N N r-I '-I rl rl go '-1 W 00 rl Vf y y u c m o 00W m n 2 E 'A m N r {A 00 W • I� ^ a C N b9 L a F N oo vi It z O Ki of rri co vi ry en a a on a. ;o '-1 '-I W 4,l F` m a V vi Lr L a Q rl ea"I N a r e-1 N 00 O L I u N o o 0 00 ^ ti m Ln Cn CT I m ke Q1 ke O ei In �y` ` O e•-I t N lD lD e�-I tD lf1 00 d' 0p e} In IA a V1 n In LL N 00 M I� V d• ~ ri M 1� rri rN-I nS a a .� N L cn N cn N N Ki N O1 N N m N' .� m 'i e-1 rl e•-I c-I c-I rl ri '-I ~ N r-r N W F N �+ u C C G C L O C L a a a a L H m oa o cam ou cEO __ c m m C o ao aoQ a u Oa N mW Ua �L+ ` a ¢ O o o 0 E <bg o O- OCL w o E E E E c w in o E E E E a. a o¢ a L 00 a oL E o,co on co i. c E aaaaaaaa `0'au j U cc U w O w O w O w 0 v"i w o LL w U 0 s 0- c c E o � > o + E L v C 3 0 r a vl O F a a U m m a 73 m m 7 a o .Q ho eam o o 3 >n� � > > UW p °a 25A-27 N a d t u Q U O L of p� a a m of F F L A O a W e u '2 'C a La a t a u z a ra- Z N � y m m N N e-I p E m a on c m o _ n = —°o c o U s v E E o u iy N u c Q w C c t L 00 R O O x a 0 G N u v o O 0 U ` N a e m � u U 3 m -I Q U N 2 E p O p Q n 2 :J N a rpO w 6 7 wL a°i m a w b o v o o 0,� o o o k '�❑ .'� 'C Vzl .q a pU�r �tl �i aS '•mod+ N •� toDL ~ ° L' ttl 4'i Y'yy^ Ob by cc, �N U O 0 o q m ° U °' ie yyou' °>, Ra 'Li c�C .N. A O > > N o O It El o y woj r «. 0 o Q.d o a d'p N U UOC ` co y d = y P b BOA 0 0 Ell tD > N 'm �' y �. 7 q vi � cJ 0 to d rti O t0 O� O O U Cl cy '.qd 0 `.°' ou.°U � :n p c a ❑M q a p U �' a `� o o c.' • U F 'fib U m Cd o ou cc bll qco q O ° ' E C G b0 .O C 'n 'N od UaU y O N ~�j � � ji .° .=i � y •� Vi O b C% � i Val 1ptl 04 w .4 N M 25A-28 M d O Q 0 � A � 0 y�Ny+ P � d � •� G � fqV O ^ .O w O40. a 5 b 0 o O w R 0�+ > C° w N O R ° 2 a o � _ or Q v N n F ��y 'O q ~ > ' U .dp P q0 L O U .o ..q. 0. U ) ctl "d O .5 y O ..� b _ �j� � S� � N qR qR ^' U H •K R R V f� U .� G •�pO pq O aU Y 3 R > O ° RO A -'4 .8 � � A;� o � 8 0 Q�? .0 a. b0 v ol O M 35 ,y b O 0 w ti y 0 pR' •� N q 'x^� ^ y c� � � v � d i3 .7 q N � O CO• 3 •� '� � U co y ° y~. •� 10i w ti R -d 1O o , T7 c� as U � b y C 'i7 b0 U U�p p 'a cep u b1D m y ° G R > v� °d yy ;P .. p' tN b w a 5nb ° c a�to a u) .d ag+ b " o A o d 8 ° o •o g U A o v c p a W W m v� �c r ac a .�i .�•� N F 5 c 25A-29 T w N a � •3 w o q U q 7 C O W 'A N � � V 5 q �o •3 � c o $ N 1+ 4n �• q y. O v m A U a b bb 6 o N o d aq+ o W� a U R C da V 5 a a N O C s d d o vi m ti ti t6 %6 ti M ,It a 23 25A-30 tn eI v it N d t IL U V Q Q z a a z a N y o aQi o ° �`yp o H A '� p .� C °O 'y A U bA 0 p W O Ck ,� O O y p b W'� ? y 0. O o�o .� U .� 4 O O O U d [? bq O N .r y q v pvp 0'❑ 3 0 0 4 A d H y y U C O O Op o rVc�f O G d O. Oy ;�� at tl CV O ° C-00 'o•G°� aO co�'o � o 0-0� v ��a b 00 ° rJ�i3 o va � O U b .••y O y� •0 O d C 0 o v A cf 'U O' fin' w is O -° 0,00 4 C7 o o ybo $ ti q bu,o "rbn O V T O 'C �d G�' C .0 YO d o O q '� Oy O 0U T y >+ y N 2 �q °''S y ° 'L a � ° ,b 'cpps v w ayi m 'q .U-i to VI O w � �O ° O .O 'O O U � o O Y� Yg b Y O o ❑� y ac b a a ° g 3 a°� to •° y b0 N v = F ..N. C a. ° o U t8 GO .o •q P, CZ bO N o .• ' >ow — V ZPbll °o v - �.a ° Sa a oL bq'op, bo0 o o� x ocd ti� :a y y C v a a a5 b c o U y •° y 3 > o cq. 1p711 0y q d ° is ,e�'°d b ° ,, •�" as C G•� O a .-0 o W co ti fV of 25A-31 0 �°,aap� fit N 0 La a00 o 0 ao ry o ,N � C p� s a •C�w otb°p g o 0 W S o � n .C4, hf Fi db� oaf • � U I.U. O l rr 00 U � O a"Rb aovco W a a° a A o f 06 � o U1 U P t2 N 0 O Vl p y w P Q V] a) ��'QdaO"i;oLq rA V] a� cUi ��aH�rawoz 25A-32 t, tl! d v it d N C C t m a U V Q a z a a z 25A-33 Attachment 3 AICC Comprehensive Isdraswctune Budget, and Other System Cost Budget Rent $2.266 per square loot '. TaralCmn Nam-xnanfilp-nCl.Il% Con Category/ Una Item fast Details `jo0m. Total'1. Mpnthly, .Cast ;Property Aent.:. Monthly Monthly Property Rent Total Monthly Rent and Equipment Cast Rent ease Rent Ind. lanitodal, Maint and Otllld.. $42,508.20 $496.32 $496.32 Operational Cost 2%of Rent Management Fee 1.76%of Rent Total Rent $08.20 Utilities/Malnt Telephone Service. Per Person Monthly costs of 0ia Tone and Voice Mall Assigned " .$1',955.f10 $42.50 $42.50 Shared Phones by usaIre pgrsegutfle :'.'.$212.60.', $2.40 $240 5emrlty Guard $47.29 $47.23 Total Utllltles/M.in[en.nce $92.13 $0.00 $92.13 4E ulpment New Phone System Phones by assigned ofi.res ".AS38.28 ". $3.71 $3.71 Shared Basic Phones .1587.88 $0.12 $0,12 Licenses sssl ned ph.ne..': $d',680.48 '." $1.86 $1.86 ❑tenses '. $557.20 - $0.11 $C.11 Switches�',$5,035.Q7 . $1.01 $1.01 New Phone System Annual SupportCast Total Equipment ": $21,478.97 $7.731 $7.73 "Technology and Access Costs Network Wireless Bridge Network '• $14;0$033 ': $2.65 $2.65 A.,,Sstem Card Kcy Card $ tun '$17194.28"' $3.24 $3.24 mt. &Phone Cabling Cablin $10.94 S10.94 Information Technology, cost Per Month Wireless Network Brdg, Maintenance '$7,42a.00 $1.40 $1.40 •••Ptlnten Annual Resource Room use y talents only 23.20- $1.23 $1.23 Pn r staHon1Y'.Sd,1lg4.fi0 $0.79 $0.78 Total Tedmelogy and Access ,$107,514.41 ';=t: ,t,$0,00 $20.26 $0.00 §20.26 Infrastructure Total '5170948:38 $47508.20 $1211.121 $495.321 $518.44 •EqulpmeMYs a3 year omarltza(fvn egrnaedmonthly. Egw1pmenl Is chargedm acsml cast for ossfguedphones to Porfwn'. S barle phoma are ahuredphones a d charged by peneracV •a TechwlogyandAccess Cons are all baradonpenentage and amanhed over 5yeam •..Caplan are leaned equlpmenl and om charged bypercemog,. A"Haral chargo for usage will be calcalaed andcherged 25A-34 .f a oN ♦i� m V jb}N' 6m, ijC m d 'Y'C -,6, o O C x umi c� U PS im++ d 'ri�hi N ;'tG 5 nEA. N e Y ark 5�: t i rp', •� a S'iDo a wiwt v "'. ' e wag 4--J^ �w N�A 4 Nit�S N N iu l� N Q a m Eu'7M .Ni �%�v Ni .N,i ml t a { otc m 12 W oirx N m w G`g. v N m N m 31 m m Q d-+ t 0 Q S_ a:° X aE o ,A. 51 yt m OI T oo�y N TF Oy U 10 tE o; y a`L- av3 � t s v i OE G Q N O 25A-35 25A-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE AMENDMENT TO LOAN AGREEMENT WITH SANTA ANA VILLAGE L.P. FOR THE SANTA ANA VETERANS VILLAGE PROJECT IN THE AMOUNT OF $124,383 (GRANT FUNDED) (STRATEGIC PLAN NOS. 5,3A; 5,3C) CLERK OF COUNCIL USE ONLY: F.11=ii0 ❑ As Recommended ❑ As Amended ❑ Ordinance on V1 Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute an amendment to the loan agreement with Santa Ana Village, L.P. for an additional $124,383 in HOME Investment Partnerships Program funds for a total loan amount not to exceed $477,346, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION As an entitlement jurisdiction, the City of Santa Ana annually receives federal grant funds through the HOME Investment Partnerships Program (HOME) for the development of affordable housing. The HOME Program regulations requires a HOME participating jurisdiction (PJ) to expend its annual allocation of HOME funds within no more than five (5) years of receiving its HOME grant. Compliance with this requirement is based on a review of the PJ's allocations and expenditures as reported in the Integrated Disbursement and Information System at the time of its deadline. On May 16, 2019, the City received a letter from the U.S. Department of Housing and Urban Development (HUD) stating that the City was facing a shortfall of $241,084 (Exhibit 1). If the City did not commit and expend these funds before July 31, 2019, HUD would recapture these funds. Staff reviewed the letter from HUD and created a projection of how much in funding would be recaptured by HUD. Upon further review and analysis, staff found that the letter from HUD was not taking into consideration the most recent expenditures by the City. Based on this revised projection, staff determined that only $124,383 would be recaptured by HUD on July 31, 2019 if the City did not take action. Other similar -sized jurisdictions throughout the country also have HOME Program grant funds that are subject to recapture on that date as shown on HUD's Cumulative Deadline Compliance Status Report (Exhibit 2) as of January 31, 2019. This report includes the City of Santa Barbara and Santa Clara County. 25B-1 Amendment to HOME Loan Agreement for the Santa Ana Veterans Village July 16, 2019 Page 2 In order to commit and expend these HOME Program funds before the deadline for recapture on July 31, 2019, staff worked proactively to determine if there were eligible proposals that could be received from developers for the $124,383 of expiring funds. Staff approached Jamboree Housing and Community Development Partners to determine if their two projects that are under construction (Santa Ana Veterans Village and Aqua Housing, respectively) need these additional funds. Community Development Partners has a need, but the expenses they requested were not an eligible use of the funds. Specifically, they were seeking to pay for furnishings for the units in their project. Jamboree Housing indicated that they had a need and could use the funds for eligible expenses in their Santa Ana Veterans Village project. Therefore, on June 24, 2019, Jamboree Housing submitted a written proposal to the City to use and expend the $124,383 in expiring HOME Program funds (Exhibit 3) for their Santa Ana Veterans Village project. Specially, during the demolition of existing asphalt and concrete pavements for the project, a second buried layer of asphalt was discovered beneath the driveway section of the Northeast parking lot. Due to it being buried, this material was not shown on the geotechnical report; thus, the $67,841 cost associated with the demolition and removal of this material was not reflected in Jamboree's initial development budget. Additionally, during recent grading activities, approximately 400 cubic yards of contaminated soil was encountered onsite. The discovery of contaminated soil resulted in a $35,271 added to Jamboree's development budget. Furthermore, consecutive days of inclement weather have posed yet another challenge. The stockpiled soil contained a high moisture content and needed to be air dried prior to it being treated onsite. The cost to airdry the contaminated soil was $58,176. Although the additional HOME Program funds will not cover the entirety of these unforeseen costs, Jamboree is requesting the $124,383 in financial assistance from the City for the successful development of their project. Background on Funding for the Santa Ana Veterans Village Project and the Amendment On April 4, 2017, the Housing Authority Board awarded Jamboree Housing Corporation seventy- five (75) project -based vouchers for the Santa Ana Veterans Village project located at 3312 West 1st St, Santa Ana, CA 92703 to create 75 permanent supportive housing units with wrap -around supportive services to be provided by Step Up on Second for homeless veterans. The Housing Authority also authorized the Executive Director of the Housing Authority to execute an Agreement to enter into a Project -Based Vouchers Housing Assistance Payments Contract (AHAP) between the Housing Authority and Jamboree Housing Corporation for the development of the Santa Ana Veterans Village project. Also, on August 21, 2018, City Council authorized the City Manager to execute a Loan Agreement with Santa Ana Village L.P. (c/o Jamboree Housing Corporation) for $352,963 in HOME Program funds for the Santa Ana Veterans Village project. Following these two funding approvals by the Housing Authority and City Council, the AHAP Contract and HOME Program Loan Agreement with Santa Ana Village L.P. were executed for the development of the project. With these two Agreements approved, Jamboree Housing closed on their financing in December 2018 and broke ground on the project in January 2019. 25B-2 Amendment to HOME Loan Agreement for the Santa Ana Veterans Village July 16, 2019 Page 3 The Amendment to the original HOME Program loan keeps the same terms as the existing loan including the same affordability restrictions and covenants. (Exhibit 4) The Amendment adds $124,383 to the existing HOME loan amount of $352,963 for a new total loan amount of $477,346. The additional $124,383 will be used to pay for unanticipated hard costs of construction that increased after the project closed on their financing. The Santa Ana Veterans Village project consists of a new construction development on a vacant site. The project will provide 71 one -bedroom units and 5 two -bedroom units. With the exception of a single one -bedroom property manager's unit, the remaining 75 units will be restricted to homeless veterans. The design will feature one three-story building including a multipurpose space, counseling offices for service providers, property management offices, a central laundry facility, a fitness room, TV/lounge room, training room, a community kitchen, a community garden, pet spa, and barbeque grills. Over 30% of the site is dedicated to open space and each unit will have private open space by way of individual balconies. The interior of the units will feature a full bathroom and a fully equipped kitchen with all appliances provided by the project, a clothing closet, storage space, and a living room. All units will be fully furnished. Wrap -around supportive services for the veterans will be provided on site by Step Up on Second, Goodwill of Orange County's Tierney Center, Veterans Legal Institute, Strength in Support and the Veterans Affairs Long Beach Healthcare System. The unit mix and affordability restrictions are as follows: Bedroom Size 30% AMI Manager's Unit Total One -Bedroom 70 1 71 Two -Bedroom 5 5 Totals 75 1 76 Though challenges and obstacles are common for new construction projects, Jamboree Housing needs this $124,383 in additional gap financing. Keyser Marston Associates completed a subsidy layering analysis and confirmed that the $124,383 in additional funds is necessary for the development of the project (Exhibit 5). Specifically, these additional funds will pay for unforeseen construction costs. If approved by City Council, $124,383 will be drawn down from HUD before the July 31, 2019 deadline and these funds will be expended for the project. STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective # 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy A (Continue to explore options Citywide regarding the re -use of commercial or industrial buildings 25B-3 Amendment to HOME Loan Agreement for the Santa Ana Veterans Village July 16, 2019 Page 4 that are currently underutilized or vacant for mixed -use residential projects), and Strategy C (Provide that Santa Ana residents, employees, artists and veterans receive priority for affordable housing created under the City's Housing Opportunity Ordinance or with City funding to the extent allowed under state law). FISCAL IMPACT Funds for the HOME Program loan amendment will be carried forward from prior year for expenditure in FY 2019-20 as follows: Accounting Unit Accounting Unit, Fiscal Year _ Account # Fund Description Account Amount Description HOME Program FY19-20 July 13018780-69152 Federal Fund Loans & Grants $124,383 Grant Year 2014 Total Loan Amount $124,383 Steven A. Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Letter from HUD Regarding Expiring Funds 2. HUD's HOME Expiring Funds Report as of January 31, 2019 3. Proposal from Jamboree Housing Corporation 4. Amendment to HOME Investment Partnerships Program Loan Agreement 5. Subsidy Layering Analysis by Keyser Marston Associates 25B-4 EXHIBIT 1 ha MAY 16 20'19 Kristine Ridge City Manager City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92702 Dear Ms. Ridge: U.S. Department of Housing and Urban Development Office of Community Planning and Development Los Angeles Field Office, Region IX 300 N. Los Angeles Street, Suite #4054 Los Angeles, CA 90012 SUBJECT: HOME Program Year 2018 Community Housing Development Organization (CHDO) Requirement HUD's records indicate that the City of Santa Ana, California is in danger of missing its 2019 Community Housing Development Organization (CHDO) requirement deadline, which occurs on July 31, 2019. Funds not reserved to CHDOs by the deadline will be deobligated. The HOME Program regulation requires a HOME participating jurisdiction (PJ) to expend its annual allocation of HOME funds within 5 years of receiving its HOME grant. Compliance with this requirement is based on a review of the PJ's allocations and expenditures, as reported in the Integrated Disbursement and Information System (IDIS) at the time of its deadline The attached HOME Deadline Compliance Status Report(s) identifies the expenditure requirement amount for the City's July 31, 2019 deadlines; the total amount expended as reported in IDIS through the date of the report; and a $241,083.85 expenditure requirement shortfall. This information is updated monthly on the HOME website at: www.hudexchanoe.info/manage-a-oroeram/home-deadline-compliance-status-reports/ and www.hudexchan2e.info/oroorams/home/home-deadline-compliance-status-reports-srant- specific/. HUD is providing this warning notice to the City so that it may expend HOME funds before its upcoming deadline and enter those expenditures in IDIS to meet its deadline requirement. 25B-5 If you have any questions or require assistance, please contact Mr. Frank Caballero, Financial Analyst at (213) 534-2559, or via email at Frank.Caballero@hud.eov. Sincerely, C 1,-� Vim/ 0"'t ' Rufus Washington irector Office of Community Planning and Development Enclosure cc: Janice Eckles, Housing Programs Analyst r + p w Q W Q W D D D Q it z 3 0 c o 0 2 rii y � N 3 d N Q s Q Q D m E m Q A Q I+ Q N IQ 1p i a � OI I�, �% V O N L•J w o I{O ° CrFi o H P 47 a N W rt ar ct 7 ai o + o a N N C7 (D + mo N W v M N z .. � 3 � o• � N d N d 0 � M ro �W `° w OJ0 S n M W m z N Q m o. N J o + h o la° EAa r o N ro S 0 rt k! 25B-7 EXHIBIT 3 »x Jamboree «'=st June 24, 2019 Judson Brown City of Santa Ana — Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 RE: Santa Ana Veterans Village — Project Cost Increases 3312 W. First Street Mr. Brown, The Santa Ana Veterans Village project is the largest affordable supportive housing development for homeless veterans in Orange County. The successful completion of this project will enable homeless veterans to not only live in high -quality housing but also receive wrap around services that will aid in their successful integration into mainstream society. With construction underway, the project has encountered several unforeseen field conditions that have caused an increase in the projects total development budget Santa Ana Village LP is formally requesting $124,383 in additional HOME funding to help alleviate these additional costs. During the demolition of existing asphalt and concrete pavements, a second buried layer of asphalt was discovered beneath the driveway section of the Northeast parking lot. Due to it being buried, this material was therefore not shown on the geotechnical report; thus, the $67,841 cost associated with the demo and removal of this material was not reflected in our initial development budget Additionally, during recent grading activities, approximately 400 cubic yards of contaminated soil was encountered onsite. The discovery of contaminated soil resulted in a $35,271 add to our development budget Furthermore, consecutive days of inclement weather posed yet another challenge. The stockpiled soil contained a high moisture content and needed to be air dried prior to it being treated onsiite. The cost to alrdry the contaminated soil was $58,176. The contaminated soil has since been treated, buried and capped in place with a low permeable asphalt material, per the recommendations outlined in the remediation plan written by our third -party environmental consultant. Although the additional HOME Funds will not cover the entirety of these unforeseen costs, we appreciate any assistance the City can provide to the project Should you have any questions or require additional information, please feel free to contact me or Sandra Viramontes at 949-263-8676. Thank you, Santa Ana Village LP, a California limited partnership J A M s o P E E H O u s i N G C ORPORATION REGIONAL OFFICES: SACRAMENTO AND SAN DIEGO 17701 COWAN AvENua Sum 200 IRY:NE CA 92614 P 949.263.8676 F 949.263.0647 l a mb area housin g. cc 25B-9 EXHIBIT 3 By: JHC-Santa Ana Village LLC, a California Limited Liability Company Its: Managing General Partner By: Jamboree Housing Corporation, a California non-profit p blic benefit corporation Its: Managing ember By: Name: Michael Massie Title: Chief Development Officer J A h1 s o A E E H 0 0 9 1 N G C 0? F 0 R A T I G N REGIONAL 07F!CFE: SArn AMFNTO ANO SAN ❑IEG❑ 17701 COWAN AVENUE SUITE 200 IFv:NE CA 92614 P 949.263.6678 F 949 263 0647 Iambareehausing COM 25B-10 EXHIBIT 4 FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103 & 27383 When Recorded Mail to: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council SPACE ABOVETHIS LINE FOR RECORDING USE FREE RECORDING REQUESTED [Govemment Code Section 6103] FIRST AMENDMENT TO 0OT,] MAKi7:�/:re1:> WO . Z" by and between the CITY OF SANTA ANA and SANTA ANA VILLAGE LP, a California limited partnership (3312 W. First Street, Santa Ana, California) Dated: July 16, 2019 25B-11 EXHIBIT 4 FIRST AMENDMENT TO HOME LOAN AGREEMENT THIS FIRST AMENDMENT TO HOME LOAN AGREEMENT dated, for identification purposes only, as of July 16, 2019, is made and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation ("City") and SANTA ANA VILLAGE LP, a California limited partnership ("Developer'), with reference to the following: RECITALS: A. The City and Developer entered into a HOME Loan Agreement dated August 21, 2018, and recorded in Official Records, Orange County, with filing number 2018000341750 on September 18, 2018 ("said HOME Loan Agreement'. B. The purpose of said HOME Loan Agreement is to assist with the development of a seventy-six (76) unit residential housing development, including seventy-five (75) permanent supportive housing units, with wrap -around support services for homeless veterans, located at 3312 W. First Street, Santa Ana, California, and commonly referred to as the Santa Ana Veterans Village ('Project'). C. In accordance with the terms and conditions of said HOME Loan Agreement, the parties desire to amend said HOME Loan Agreement, including the Scope of Work and Project Budget, to increase the amount of HOME funding provided by the City to Developer for the Project, and to update the mix and requirements for the HOME assisted units, as necessary. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and subject to the terms and conditions of said HOME Loan Agreement, except as herein modified, City and Developer agree as follows: Section 1.1, Definitions and Interpretations, of said HOME Loan Agreement shall be amended to increase the amount of HOME funds in the definitions of "City/HOME Loan Note" by $124,383.00 from "$352,962.90" to "$477,345.90." 2. Section 3, Scope of Work/Project Budget, of said HOME Loan Agreement shall be amended to append the "Scope of Work" attached to said HOME Loan Agreement as Exhibit B by adding the "I" Amendment to Scope of Work" attached herewith as Exhibit 1. Section 3, Scope of Work/Project Budget, of said HOME Loan Agreement shall be amended to replace the first page of the "Project Budget" attached to said HOME Loan Agreement as Exhibit C with the "Project Budget" attached herewith as Exhibit 2. 4. Section 5, Loans, subsection (A)(1), of Said HOME Loan Agreement shall be amended to increase the amount of HOME funds by $124,383.00 from "$352,962.90" to "$477,345.90." 25B-12 EXHIBIT 4 5. Section 7.1, Use Covenants and Restrictions, subsections (A) and (B), of said HOME Loan Agreement shall be amended to increase the number of HOME assisted units from two (2) units to three (3) units, including two (2) one -bedroom units and one (1) two -bedroom unit, fixed. 6. Section 7.2, Affordability Levels/Unit Mix, of said HOME Loan Agreement shall be amended to replace the affordability levels/unit mix matrix with the following: Unit Size 30% AbH Total No. Units Current Rent 1 Bedroom 70 $1,025 70 2 Bedroom 5 $1,230 5 Total 75 75 The remaining unit will be a 1-bedroom unit reserved for the onsite manager. 7. Section 7.2, Affordability Levels/Unit Mix, of said HOME Loan Agreement shall be amended to replace the HOME Assisted Units matrix with the following: HOME Assisted Units Geed) Total # of Unit Type Level of # of HOME % Share of Units Affordability Assisted Units Unit Type 70 1 Bed 30%TCAC/ Low HOME 2 2.9% 5 2 Bed 1 20% Additionally, subsection (2) shall be amended to state that the HOME assisted units will be "fixed" rather than "floating" units. Further, subsection (3) shall be amended to state that "unit substitution" is not allowed without first obtaining City's consent. 8. Section 7.7, Increase in Rent and Occupancy Restrictions upon Termination of Rental Subsidies, of said HOME Loan Agreement shall be amended to increase the number of HOME assisted units from two (2) units to three (3) units, fixed. 9. Except as hereinabove modified, all terms and conditions of said HOME Loan Agreement shall remain in full force and effect. (Signatures on following page) 25B-13 EXHIBIT 4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to HOME Loan Agreement the date and year fast written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By. yan . Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager {Signatures continue on following page} 25B-14 EXHIBIT 4 DEVELOPER: SANTA ANA VILLAGE LP, a California limited partnership By: JHC-Santa Ana Village LLC, a California limited liability company, Managing General Partner By: Jamboree Housing Corporation, a California no rofit publi A benefit corporation, Manager T t �1 By: Name: Title: rk 25B-15 EXHIBIT 4 Exhibit 1 1st Amendment to Scope of Work 25B-16 EXHIBIT 4 1 st Amendment to Scope of Work Jamboree has incurred significant increases to the construction budget for the Santa Ana Veterans Village due to unforeseen conditions that occurred after the start of construction. Jamboree has had the following construction change orders: Change Order #1: Demolition of unforeseen conditions. During excavation, a double layer of asphalt was discovered. Specifically, during the demolition of existing asphalt and concrete pavements for the project, a second buried layer of asphalt was discovered beneath the driveway section of the Northeast parking lot. Due to it being buried, this material was not shown on the geotechnical report; thus, the $67,841 cost associated with the demolition and removal of this material was not reflected in Jamboree's initial development budget. Change Order #2: Treatment and removal of contaminated soil that was discovered as part of the soils management plan. During recent grading activities, approximately 400 cubic yards of contaminated soil was encountered onsite. The discovery of contaminated soil resulted in a $35,271 added to Jamboree's development budget. Change Order #3 & #4: Soil treatment for elevated moisture content caused by heavy rain. Consecutive days of inclement weather have posed yet another challenge. The stockpiled soil contained a high moisture content and needed to be air-dried prior to it being treated onsite. The cost to air dry the contaminated soil was $58,176. 25B-17 EXHIBIT 4 Exhibit 2 Project Budget 25B-18 EXHIBIT 4 Santa Ana Arts Collective Project Budget 111�111�111111�111111�111111��11111�1111�1111111111111111 ®®®®®®®®®®®® 4COUISIigN �' �' �'�' ��'(✓(✓(✓�'�'�' (✓(✓(✓(✓(✓(✓(✓(✓(m�'1©' CONSTRUCTION ilONOMERS! ��1l�ltttt���t✓���1✓•Il✓•tt!✓��lt✓�� ��lttttt✓��ttt�l>���1✓����1✓•Il✓ MCNnECiURFL __ ___ SUR®IIIII'®IIIIIIIIIIIIIII�®®©IIIIIIIIIIIIIII�IIIIIIIIIIIIIII�IIIIIIIIIIIIIII�IIIIIIIIIIIIIII�IIIIIIIIIIIIIII��® VEYB ENGINEERING tt tt tt tt� tt� tt� tt� l tt CONTINGENCY COSTS COxS1RVCi10N PERIOD EXPENSES �—ltalt+lta�t>at>alr_lreta��lta®�� l�c�tattt���w�tatat>at>a®��—��� �2���I�O��t✓s�l�ltitta—®®� r�����lr��lastr_�trat>a�s�sit>,t>,t>,t>r�a L.'���lttttttt��lttttttttt✓l���t✓��t?!l�ttttt✓f�it✓•ttlt?!t?!f i'�����lttttt�tttlt?!t?!t?!t?atttttt�tt�tt�itt�ltttttttttttttiDfl�tt PERMANENT FINANCING EXPENSES LEGAL FEES C<PI}GL6E0 RESERVES ADIES t✓�tt�tt�tt�ltt�tt�tt��f�tt�tt REPORTS 6 SiVOlE3 .T. (✓(✓(✓ (✓(✓(✓(✓(✓(✓ �����(✓(✓(✓(✓(✓(✓(✓(✓(✓m(✓(✓(✓(✓(✓� OTHER E. MIMI, ltrrrrrra�t>„�������t>,r,t>,t>,t, laces-��la�7gla_la�la���lt>,�lr_�� MEN MEMORIES lt� l✓ • t✓ • I ltttttttttttim t>,t>r��ra�ltr_�lr�—�l✓•Ilt��ll�l✓•IIt�D � lttttttEEM� ltt� t� � � � � l✓ r l✓ e✓ • t✓ • I lt✓ tr•MENEM= �ta�t>at»t»t»t»�alr�trat>at�lr_tasB>_t>arrr� mmou� mongubmil DEVELOPER COSH A=M1111111111110��-�� w�Bf✓�B� 25B-19 EXHIBIT 4 FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103 & 27383 When Recorded Mail to: City of Santa Ana Clerk of the Council 20 Civic Canter Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council SPACE ABOVE THIS LINE FOR RECORDING USE FREE RECORDING REQUESTED [Government Code Section 61031 FIRST AMENDMENT TO AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY by and between the CITY OF SANTA ANA and SANTA ANA VILLAGE LP, a California limited partnership (3312 W. First Street, Santa Ana, California) Dated: July 16, 2019 25B-20 EXHIBIT 4 FIRST AMENDMENT TO AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY THIS FIRST AMENDMENT TO AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY dated, for identification purposes only, as of July 16, 2019, is made and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation ("City) and SANTA ANA VILLAGE LP, a California limited partnership ("Developer"), with reference to the following: RECITALS: A. The City and Developer entered into a HOME Loan Agreement dated August 21, 2018, and recorded in Official Records, Orange County, with filing number 2018000341750 on September 18, 2018 ("said HOME Loan Agreement"). B. The City and Developer executed the Affordability Restrictions on Transfer of Property dated August 21, 2018, and recorded in Official Records, Orange County, with filing number 2018000463084 on December 11, 2018 ("Said Affordability Restrictions"). C. The purpose of said HOME Loan Agreement and said Affordability Restrictions is to assist with the development of a seventy-six (76) unit residential housing development, including seventy-five (75) permanent supportive housing units, with wrap -around support services for homeless veterans, located at 3312 W. First Street, Santa Ana, California, and commonly referred to as the Santa Ana Veterans Village ("Project"). D. In accordance with the terms and conditions of said HOME Loan Agreement and said Affordability Restrictions, the parties desire to amend said Affordability Restrictions to increase the amount of HOME funding provided by the City to Developer for the Project, and to update the mix and requirements for the HOME assisted units, as necessary. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and subject to the terms and conditions of said HOME Loan Agreement and said Affordability Restrictions, except as herein modified, City and Developer agree as follows: Section 3.1, Use Covenants and Restrictions, subsections (A) and (B), of said Affordability Restrictions shall be amended to increase the number of HOME assisted units from two (2) units to three (3) units, including two (2) one -bedroom units and one (1) two -bedroom unit, fixed. 2. Section 3.2, Affordability Levels/Unit Mix, of said Affordability Restrictions shall be amended to replace the affordability levels/unit mix matrix with the following: 25B-21 EXHIBIT 4 Unit Size 30% AMI Total No. Units Current Rent 1 Bedroom 70 $1,025 70 2 Bedroom 5 $1,230 5 Total 75 75 The remaining unit will be a 1-bedroom unit reserved for the onsite manager. Section 3.2, Affordability Levels/Unit Mix, of said Affordability Restrictions shall be amended to replace the HOME Assisted Units matrix with the following: HOME Assisted Units (Fixed) Total # of Units Unit Type Level of Affordability # of HOME Assisted Units % Share of Unit Type 70 1 Bed 30% TCAC/ Low HOME 2 2.9% 5 2 Bed 1 20% Additionally, subsection (2) shall be amended to state that the HOME assisted units will be "fixed" rather than "floating" units. Further, subsection (3) shall be amended to state that "unit substitution" is not allowed without first obtaining City's consent. 4. Section 3.2, Affordability Levels/Unit Mix, of said Affordability Restrictions shall be amended to increase the number of HOME assisted units from two (2) units to three (3) units, fixed. 5. Section 3.4, Increase in Rent and Occupancy Restrictions upon Termination of Rental Subsidies, of said Affordability Restrictions shall be amended to increase the number of HOME assisted units from two (2) units to three (3) units, fixed. 6. Except as hereinabove modified, all terms and conditions of said Affordability Restrictions shall remain in full force and effect. {Signatures on following page} 25B-22 EXHIBIT 4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Affordability Restrictions the date and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney gAt:::� B . yan . Hodge Assistant City Attorney FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager (Signatures continue on following page) 25B-23 I_WA;11=3WE DEVELOPER: SANTA ANA VILLAGE LP, a California limited partnership By: JHC-Santa Ana Village LLC, a California limited liability company, Managing General Partner By: Jamboree Housing Corporation, a California nonprofit public benefit corporation, Manager D By: -)�.4 k . Name: 6WL & d 1 Title: PIJ//-F 6A/0-0q4,7tR of-Ple 25B-24 EXHIBIT 4 FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103 & 27383 When Recorded Mail to: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council SPACE ABOVE THIS UNE FOR RECORDING USE FREE RECORDING REQUESTED [Government Code Section 6103] FIRST AMENDMENT TO CITY HOME DEED OF TRUST AND ASSIGNMENT OF RENTS by and between the CITY OF SANTA ANA MI SANTA ANA VILLAGE LP, a California limited partnership (3312 W. First Street, Santa Ana, California) Dated: July 16, 2019 25B-25 EXHIBIT 4 FIRST AMENDMENT TO CITY HOME DEED OF TRUST AND ASSIGNMENT OF RENTS THIS FIRST AMENDMENT TO CITY HOME DEED OF TRUST AND ASSIGNMENT OF RENTS dated, for identification purposes only, as of July 16, 2019, is made and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation ("City") and SANTA ANA VILLAGE LP, a California limited partnership ("Developer"), with reference to the following: RECITALS: A. The City and Developer entered into a HOME Loan Agreement dated August 21, 2018, and recorded in Official Records, Orange County, with filing number 2018000341750 on September 18, 2018 ("said HOME Loan Agreement"). 13, The Developer executed the CITY HOME DEED OF TRUST AND ASSIGNMENT OF RENTS dated August 21, 2018, and recorded in Official Records, Orange County, with filing number 2018000463089 on December 11, 2018 ("Said HOME Deed of Trust"). C. The purpose of said HOME Loan Agreement and said HOME Deed of Trust is to assist with the development of a seventy-six (76) unit residential housing development, including seventy-five (75) permanent supportive housing units, with wrap -around support services for homeless veterans, located at 3312 W. First Street, Santa Ana, California, and commonly referred to as the Santa Ana Veterans Village ("Project'. D. In accordance with the terns and conditions of said HOME Loan Agreement and said HOME Deed of Trust, the parties desire to amend said HOME Deed of Trust to increase the amount of HOME funding provided by the City to Developer for the Project, and to update the mix and requirements for the HOME assisted units, as necessary. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and subject to the terms and conditions of said HOME Loan Agreement and said HOME Deed of Trust, except as herein modified, City and Developer agree as follows: Said HOME Deed of Trust shall be amended to increase the amount of HOME funds in the reference to the HOME Promissory Note in the final recital by $124,383.00 from "$352,962.90" to "$477,345.90." 2. Except as hereinabove modified, all terms and conditions of said HOME Deed of Trust shall remain in full force and effect. (Signatures on following page) 25B-26 EXHIBIT 4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to HOME Deed of Trust the date and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By yan . Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency Kristine Ridge City Manager (Signatures continue on following page) 25B-27 EXHIBIT 4 DEVELOPER: SANTA ANA VILLAGE LP, a California limited partnership By: JHC-Santa Ana Village LLC, a California limited liability company, Managing General Partner By: Jamboree Housing Corporation, a Californi non rofit public benefit corporation, Manager �1 I n A By: Name: Title: 25B-28 EXHIBIT 4 FIRST AMENDMENT TO CITY HOME LOAN NOTE THIS FIRST AMENDMENT TO CITY HOME LOAN NOTE dated, for identification purposes only, as of July 16, 2019, is made and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation ("City") and SANTA ANA VILLAGE LP, a California limited partnership ("Developer"), with reference to the following: RECITALS: A. The City and Developer entered into a HOME Loan Agreement dated August 21, 2018, and recorded in Official Records, Orange County, with filing number 2018000341750 on September 18, 2018 ("said HOME Loan Agreement'). 13. The Developer executed the CITY HOME LOAN NOTE dated August 21, 2018 ("said HOME Loan Note"). C. Thepurpose of said HOME Loan Agreement and said HOME Loan Note is to assist with the development of a seventy-six (76) unit residential housing development, including seventy-five (75) permanent supportive housing units, with wrap -around support services for homeless veterans, located at 3312 W. First Street, Santa Ana, California, and commonly referred to as the Santa Ana Veterans Village ("Project'). D. In accordance with the terms and conditions of said HOME Loan Agreement and said HOME Loan Note, the parties desire to amend said HOME Loan Note to increase the amount of HOME funding provided by the City to Developer for the Project, and to update the mix and requirements for the HOME assisted units, as necessary. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and subject to the terms and conditions of said HOME Loan Agreement and said HOME Loan Note, except as herein modified, City and Developer agree as follows: 1. Said HOME Loan Note shall be amended to increase the amount of HOME funds noted at the beginning of the document by $124,383.00 from "$352,962.90" to "$477,345.90." 2. Said HOME Loan Note shall be amended to increase the amount of HOME funds noted in the initial paragraph by $124,383.00 from "$352,962.90" to "$477,345.90." 3. Except as hereinabove modified, all terms and conditions of said HOME Loan Note shall remain in full force and effect. (Signatures on following page} 25B-29 EXHIBIT 4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to HOME Loan Note the date and year fast written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney B . yan . Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager (Signatures continue on following page) 25B-30 EXHIBIT 4 DEVELOPER: SANTA ANA VILLAGE LP, a California limited partnership By: JHC-Santa Ana Village LLC, a California limited liability company, Managing General Partner By: Jamboree Housing Corporation, a California nonprofit public benefit corporation, Manager J By: U9 Name: A ltAk-i L_ (fidSS l Title: ON 19P C11 25B-31 25B-32 HOME UNDERWRITING & SUBSIDY LAYERING REVIEW Veteran's Village City of Santa Ana Keyser Marston Associates, Inc. July 3, 2019 25B-33 Table of Contents I. Executive Summary............................................................................................................. 2 II. Project Description............................................................................................................. 3 III. Project Underwriting Assessment...................................................................................... 4 A. Estimated Development Costs (Table 1)....................................................................... 4 B. Stabilized Net Operating Income (Table 2)................................................................... 7 C. Financial Gap Analysis (Table 3).................................................................................... 9 D. Cash Flow Over Affordability Term (Table 4)..............................................................11 E. Profit and Returns....................................................................................................... 12 IV. Developer Assessment......................................................................................................13 A. Development Team.....................................................................................................14 B. Ability to Perform........................................................................................................15 C. Fiscal Soundness.........................................................................................................16 D. Conclusion...................................................................................................................16 V. Market Assessment...........................................................................................................16 VI. HOME Requirements........................................................................................................ 17 A. HOME Program Deadlines..........................................................................................17 B. Cost Reasonableness.................................................................................................. 18 C. Written Agreement..................................................................................................... 18 D. Layering Requirements............................................................................................... 19 E. Cost Allocation (§92.205(d)) and HOME Unit Designation (Table 5).......................... 19 F. Affordability Period..................................................................................................... 20 G. Property Standards(§92.251)..................................................................................... 21 H. HOME Rents / Utility Allowances............................................................................... 21 I. Financial Commitments..............................................................................................21 VII. Certifications.....................................................................................................................22 Vill. Commitment Checklist(§92.2)......................................................................................... 23 Appendix A Pro Forma Analysis City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village 1907001:SA:TRB Page I i 25B-34 On August 21, 2018, the City of Santa Ana (City) entered into a HOME Loan Agreement with Jamboree Housing Corporation (Developer) for the purposes of providing HOME Program (HOME) funds for the construction of a 76-unit apartment project (Project) located at 3312 West First Street (Site). The 2018 HOME Loan Agreement required the City to provide $352,963 in HOME funds to the Project that are allocated to the City by the United States Department of Housing and Urban Development (HUD). However, the Project's budget has changed materially since 2018, including the following unforeseen issues: During the demolition of existing asphalt and concrete pavements, a second layer of asphalt was discovered beneath the driveway section. During grading activities, approximately 400 cubic yards of contaminated soil was encountered on the Site. Due to consecutive days of precipitation, the stockpiled soil had to be treated for elevated moisture, which also added delays to the Project's construction schedule. The contaminated soil has been treated, buried and capped in place with a low permeable asphalt material per the recommendations of the remediation plan written by the Developer's third -party environmental consultant. As such, the City intends to amend the 2018 HOME Loan Agreement to reflect the revised Project budget, and to increase the amount of HOME funds being provided by the City. At the City's request, Keyser Marston Associates, Inc. (KMA) prepared the following HOME Underwriting & Subsidy Layering Review for the Project. This analysis is prepared in compliance with the requirements imposed by the HOME Program and the City's HOME Project Underwriting and Subsidy Layering Review Guidelines. The KMA analysis includes the following components: An underwriting review to determine the feasibility and to ensure that no more than the necessary amount of HOME funds, in combination with other governmental assistance, is invested by the City in order to provide affordable housing. This section also provides an assessment of the reasonableness of the Developer Fee, cash flow, equity appreciation and profit anticipated to be generated by the Project. An evaluation of the Developer's capacity to develop and operate the Project. A review and summary of the residential rental market for the Project. 4. An assessment of other HOME requirements and deadlines, including the financial commitment documentation submitted by the Developer. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 11 25B-35 EXECUTIVE SUMMARY The Developer proposes to develop the 76-unit Project on the 1.54-acre Site, currently owned by the Developer. The Project will be financed with the following funding sources: Funding Conventional Loan Source Provided by Union Bank 9%Tax Credits Allocated by TCAC, Provided by Union Bank as Investor HOME Loan Provided by City OCCF Loan Provided by Orange County Community Foundation Home Depot Grant Provided by Home Depot SNHP Loan Allocated by CaIHFA and Orange County AHP Loan Allocated by Federal Home Loan Bank Deferred Developer Fee Provided by Developer VASH Vouchers Allocated by Santa Ana Housing Authority The KMA analysis concluded the following: 1. Underwriting Analysis: a. The Project costs are estimated at $29.95 million and the available funding sources are estimated at $29.48 million, resulting in a financial gap of approximately $477,000. The financial gap is equal to Developer's request of HOME funds from the City. Thus, the analysis demonstrates that the proposed $477,346 in HOME assistance is necessary to provide the proposed affordable housing units. b. The cash flow analysis projects that the Project will have positive cash flow through the 55-year affordability and loan term. C. The developer fee, cash flow projection, equity appreciation and profit anticipated to be generated by the Project are appropriate. 2. Developer has demonstrated the development capacity and fiscal soundness to undertake the Project. 3. Developer provided a market study which demonstrates that there is more than adequate demand for affordable housing to support the Project. 4. Other HOME Requirements: City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 12 25B-36 HOME Requirement Conclusion HOME Program Deadlines The Project is currently under construction and expected to meet the Project completion and' Project lease -up requirements imposed, by HOME. Written Agreement The HOME Agreement meets the HOME requirements for written agreements. Layering Requirements The assistance package complies with the HOME layering requirements HOME Unit Designation The Project will meet the HOME requirements for the number of HOME designated units as well as the number of units restricted to very -low income households. KMA recommends that the units be fixed. Affordability Period The Project will meet the HOME requirement forthe affordability period. Cost Allocation The standard cost allocation methodology was utilized. Property Standards The Project will meet the HOME property standards requirements for new construction and the on -going property management. HOME Rents / Utility Allowances The HOME units will be restricted at the appropriate rents and the utility allowances. Financial Commitments The funding sources discussed in this Report are sufficient, and timely in availability, to cover the Project costs. II. PROJECT DESCRIPTION The proposed scope of development can be described as follows: 1. The vacant Site is comprised of 1.54 acres, or 66,994 square feet, and the proposed project will consist of a three-story apartment building. The project will have a gross building area of 67,868 square feet and includes 76 residential units (inclusive of a manager's unit), with approximately 6,765 square feet reserved for community facilities including recreational space, meeting rooms, fitness room, a laundry facility and staff offices. The project density is 49.4 units per acre. 2. The Project's unit mix is as follows: One -Bedroom Units 71 536 Two -Bedroom Units 5 788 Total/Averaee 76 553 3. The Project includes forty-two parking spaces, four of which will be designated for guest parking, equating to 0.5 spaces per unit. Sixteen stalls of bike parking will be provided. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 13 25B-37 4. The Project will provide permanent supportive housing for homeless veterans, and will be restricted for affordability purposes by the City and HOME Program with the following affordability mix: Affordability Extremely Low Income (30%AMI) 75 Manager's Unit (unrestricted) 1 Total Units 76 5. The Project will include 6,080 sf of private open space, and 20,809 square feet of common open space, for a total of 26,889 square feet. 6. Support services will be provided by the Long Beach VA in partnership with Step Up on Second, Inc., an experienced veteran's services provider with a history of working in conjunction with the Veterans Administration. Step Up's services will be augmented with additional supportive services from the Tierney Center for Veteran Services, the Veterans Legal Institute, and Strength in Support. Three full-time case managers will provide general social services to residents, including counseling, medical services, and mental health treatment. Additionally, two on -site Resident Service Coordinators will provide support to the case managers along with a part-time employee who will provide administrative support. III. PROJECT UNDERWRITING ASSESSMENT KMA prepared a pro forma analysis to assist in evaluating Developer's proposal. The analysis is in Appendix A located at the end of this report and is organized as follows: Table 1: Estimated Development Costs Table 2: Stabilized Net Operating Income Table 3: Financial Gap Calculation Table 4: Cash Flow Analysis Table 5: Cost Allocation Analysis A. Estimated Development Costs (Table 1) KMA reviewed Developer's cost estimate provided in July 2019, which was originally based on a cost estimate provided by Advent Companies dated May 25, 2018. Advent Companies is a third -party contractor. After reviewing the proposed scope of work and the acquisition costs, KMA found the assumptions to be reasonable and necessary to complete the proposed Project. The resulting estimated development costs are as follows: LandAssemblage Costs Total land assemblage costs are estimated to total $4,400,000, or $66 per square foot of land area or $57,900 per unit. The Developer entered into a Purchase and Sale Agreement on City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 14 25B-38 November 21, 2016 with 3312 W. First Street, LLC, a third -party owner, to purchase the Site for $4,400,000. According to an appraisal prepared by Lea & Company, dated February 7, 2017, the fair market value of the Site was set at $4,940,000. On January 10, 2018, the Developer closed escrow on the Site with the assistance of a $4,400,000 acquisition loan from Century Housing Corporation. Given that the purchase price was approximately 11% lower than the appraised value, KMA concludes that the purchase price of $4,400,000 for the Site is reasonable. Direct Casts The direct cost estimates assume that the Project will be subject to both federal and state prevailing wage requirements. The direct costs are estimated at $17,275,000, or $227,300 per unit and $255 per square foot of GBA. 1. Onsite costs are estimated at $1.28 million, or $19 per square foot of land area. 2. Building construction costs are estimated at $12.98 million , or $209 per square foot of GBA. This cost estimate is on the high side of the typical range. However, it considers the smaller units, meeting GreenPoint standards, and installation of solar hot water and PV energy generation. 3. Furnishings, fixtures and equipment are estimated at $439,000, or $5,800 per unit. 4. The general conditions and contractor fees are estimated at 10% of construction costs, which is lower than the maximum 14% allowed by TCAC and within the typical 10-12% allowance. The Developer plans to use Quality Development and Construction, Inc., a related party, as the Contractor for the Project. 5. Construction insurance is estimated at 2% of construction costs. 6. A 5% contingency allowance is provided. KMA concludes that the proposed direct costs are reasonable and necessary for the construction of the Project per the proposed scope of work. Indirect Costs KMA and Developer utilized the following assumptions for the indirect costs: 1. Architecture, engineering and consulting costs are estimated at 8% of direct costs, or $1,305,000. 2. Developer estimated the public permits and fees costs at $1,271,000, or $16,700 per unit. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 15 25B-39 3. The taxes, insurance, legal and accounting costs are estimated at 2% of direct costs, or $298,000. 4. The marketing and leasing budget equates to $110,000, or $1,447 per unit. 5. The Developer will receive a $2,200,000 developer fee, which is the maximum allowed by TCAC. 6. A 4% indirect cost contingency allowance is provided. The total indirect costs are estimated at $5,372,000, which KMA concludes are reasonable and necessary for the development of the Project. Flnandng Casts The financing costs for the Project are estimated as follows: 1. Century Housing Corporation, provided a $4,400,000 acquisition loan to the Project, which closed escrow in January 2017. The loan has a 6.59% interest rate. Assuming a 13-month loan term, the interest owed during the development period is estimated at $314,000. 2. The construction period and absorption period debt service payments are estimated at $1.32 million. This estimate is based on the following assumptions: a. $21,750,000 conventional construction loan; 5.58% interest rate; C. A 24-month development period; and d. An average outstanding balance of 55%. 3. The construction lender and other financing costs are estimated at $825,000, 4. The Tax Credit fees are estimated at $135,000. 5. A three-month capitalized operating reserve will be provided. However, no transitional reserve is required by Union Bank, the lender. The total financing costs are estimated at $2,907,000, which KMA finds to be reasonable and necessary to complete the Project. As the Project moves through the construction process, the City is required to keep up to date with any changes to the costs. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 16 25B-40 Total Estimated Development Casts The total estimated development costs are $29,954,000, or $394,100 per unit. Based on the analysis above, KMA finds Developer's cost estimates to be reasonable and necessary in order to construct, lease -up and complete the Project. As the Project moves through the construction process, the City needs to keep track of the changes to the costs, if any. B. Stabilized Net Operating Income (Table 2) The Project's proposed funding sources include HOME Program funds, low income housing tax credits (Tax Credits), Special Needs Housing Program (SNHP), and other funds. Income limits are published for households that are qualified to reside in units that have received assistance from these sources. The HOME Program publishes rent standards for projects receiving assistance from HOME funds. Tax Credit and SNHP program also publishes rent standards. Developer will be required to adhere to the strictest of the standards imposed by the funding sources. The HOME affordability requirements will remain in place for 20 years, which is equal to the 20- year minimum period that the HOME Program requires. Therefore, the Project will meet the minimum HOME Program requirements. The following summarizes the affordability restrictions that will be placed on the Project: Achlemble Rentallncome The Project rents must adhere to the most restrictive of the requirements imposed by the proposed funding sources. The rents used in this analysis are based on 2019 income and rent information. The maximum allowable rents, net of the appropriate utility allowances, are estimated as follows:, 1 The property owner will City of Santa Ana all utilities. Underwriting & Subsidy Layering Review: Veteran's Village Page 17 25B-41 30%AMI TCAC & SNHP / Low HOME # of Units 2 1 TCAC Rent $667 $801 SNHP Rent $231 $347 HOME Rent $1,113 $1,336 Applicable Rent $231 $347 Project -Based Vouchers Yes Yes 30%AMI TCAC & SNHP # of Units 68 4 TCAC Rent $667 $801 SNHP Rent $231 $347 Applicable Rent $231 $347 Project -Based Vouchers Yes Yes Estimated Net Opeiat/ng Income (NO/) The Project's effective gross income (EGI) is estimated at approximately $1.35 million based on the following assumptions: 1. The gross potential rental income is estimated at approximately $215,000. 2. The PBV subsidy overhand is estimated at $1.23 million. 3. The miscellaneous income is estimated at $9 per unit per month. 4. A vacancy and collection allowance equal to 7% of gross income is deducted, which is standard for a special needs project. The residential operating expenses are estimated at $596,000 based on the following assumptions: 1. The general operating expenses are estimated at $5,640 per unit per year. It should be noted that the property management expenses are estimated at $60 per unit per month and limited to 8% of gross rental income in the HOME Agreement. 2. KMA assumes Developer will apply for the property tax abatement that is accorded to non-profit housing organizations that own income -restricted apartments. Developer estimated the property tax assessment overrides at $5,016 per year. 3. The social services budget is estimated at $112,000, or $1,474 per unit. 4. The mandatory HCD debt services payment for the SNHP loan is equal to $12,230. 5. The annual capital replacement reserve deposits are estimated at $500 per unit. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 18 25B-42 The Project's EGI is estimated at $1,353,000 and the operating expenses are estimated at $596,000. This results in an estimated stabilized NO1 of $757,000 C. Financial Gap Analysis (Table 3) A va!/a b/e fun ding Sources. - The following summarizes the available funding sources: Conventional Loan Union Bank provided the Developer with an executed term sheet, dated June 6, 2018, for an up to $23,000,000 construction loan and an estimated $9,790,000 permanent loan. The following summarizes the associated loan terms: 1. Construction Loan: a. An interest rate based on the 30-day LIBOR rate plus a 1.60% loan spread, which has been set at 5.58%; b. A 24-month term; C. The loan is secured with a first trust deed during the construction period; and d. The Developer is to provide a construction completion guaranty and repayment guaranty. 2. Permanent Loan: a. A 15-year term and a 40-year amortization; b. Loan sizing based on 1.15 debt coverage ratio and maximum 80% loan to value ratio based on a bank commissioned appraisal; C. The loan will be secured with a first trust deed for the term of the loan; and d. A currently estimated interest rate of 5.56%. e. The permanent loan is currently estimated at $10.30 million, but will be finalized at permanent loan closing. f. The estimated annual debt service payment is $642,546. 9%Tax Credits The Project received a $12,648,740 competitively awarded Tax Credit allocation from TCAC in a Reservation Letter dated June 13, 2018. Union Bank has also committed to provide Tax Credit equity at a rate of $1.02 per gross Tax Credit dollar. The equity will be provided as follows: City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page J 9 25B-43 A total of $121,691 upon the limited partnership and construction loan closing; A total of $12,392,745 at lease -up, initial qualified occupancy and conversion of permanent loans; and $385,989 at receipt of 8609 and tenant file audit. OCCF Loan In a February 8, 2018 letter, OCCF agreed to provide the Project with a $1,500,000 loan with the following terms: • A 15-year term from permanent loan conversion; ■ A 3% simple interest rate; ■ Annual payments of 72% of the residual receipts; and • Secured by a second trust deed that will be subordinated to the construction and permanent loans. SNHP Loan The $2,912,000 SNHP Loan from the County was confirmed in a letter from CaIHFA dated February 21, 2017 for 20 units dedicated to homeless veterans. This loan will have a 3% simple interest rate, a 55-year term and will be paid with 25% of the net residual receipts after the OCCF loan payment is paid. The SNHP loan will be secured by a third trust deed that will be subordinated to the construction/permanent and OCCF loans. VASH Vouchers The Santa Ana Housing Authority committed to provide 75 VASH vouchers to the Project for a 15-year term in a May 4, 2017 letter. AHP Grant The Federal Home Loan Bank agreed to provide the Project with $750,000, dated June 18, 2018. Payment on the loan will only be required if the Project is not in compliance with the regulatory agreement. Home Depot Grant On May 1, 2018, Home Depot committed to provide the Project with a $500,000 grant. Deferred Developer Fee The Developer will defer $615,000 of the $2,200,000 developer fee to be paid from cash flow. It is estimated that the deferred fee will be paid to the Developer within five years. Total Available Funding Sources As shown in Table 3, the available funding sources total $29,477,000. Flnandal Gap Calculatlon Based on the assumptions outlined in this analysis, the financial gap is calculated as follows City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 1 10 25B-44 Total Development Costs $29,477,000 (Less) Available Funding Sources (29,954,000) Financial Gap $477,000 Per Affordable Unit $6,400 The City proposes to fund the financial gap with $477,346 of HOME Program funds. Based on the KMA analysis, it is concluded that the $477,346 in HOME assistance to the Project is warranted. D. Cash Flow Over Affordability Term (Table 4) KMA also conducted a cash flow analysis to estimate the present value of the debt service payments to the City. The following describes the basic cash flow assumptions: 1. Year 1 is based on the pro forma rent and expense assumptions presented in the stabilized analysis (Table 2). 2. Additional revenue and expense assumptions are as follows: a. The projected residential income and miscellaneous income are estimated to increase at 2.5% per year. b. A 7.0% vacancy and collection allowance. C. The general operating expenses and social services are increased at 3.5% per year. d. The property taxes are increased at 2.0% per year. e. Replacement reserves and the HCD mandatory payment will remain flat for 55 years. The priority distributions are categorized as follows: An annual debt service payment of $642,546; ii. Repayment of the deferred Developer fee; and iii. The Owner Partnership Management and Asset Management Fees are set at $35,000 in Year 1 and are not to exceed 5% of gross rents. g. The annual residual receipts payments to the soft lenders will be se as follows: OCCF Loan: $1,500,000 will be repaid with 72% of the residual receipts. This loan will have a 3% simple interest rate and a 15-year term. The loan City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 111 25B-45 is estimated to have a $609,000 outstanding balance in Year 15, which will be repaid through resyndication. ii. SNHP Loan: $2,912,000 loan will be repaid with 25% of the residual receipts net of the OCCF loan payment. This loan will have a 3% simple interest rate and a 55-year term. The loan is estimated to be repaid in year 52. iii. City HOME Loan: $477,000 will be repaid with 3% of the residual receipts net of the OCCF and SNHP loan payments. This loan will have a 3% simple interest rate and a 55-year term. The loan is estimated to have a $470,000 outstanding loan balance in Year 55. The City HOME Loan will be secured with a fourth trust deed. h. The City HOME Loan is estimated to generate the following in nominal terms and present value terms, assumption a 6.0% discount rate, as follows: The NOI is projected to be positive through Year 55 and the HOME loan not anticipated to be repaid until Year 55. Therefore, it is concluded that the Project will have a positive cash flow during the term of the HOME affordability and loan terms. E. Profit and Returns The following analyzes the anticipated profit to the Developer/Owner. Developer Fees $2,200,000, which is the maximum allowed per TCAC. Cash Flow Residual receipts after payment on the soft loan will go to Developer, which is estimated to total $29 million over 55 years, or a net present value of $3.58 million. This equates to an estimated 21% IRR based on the $615,000 deferred fee provided by the Developer. Tax Benefits The Project will generate $12.65 million in federal tax credits that will be sold to Union Bank and the cash will be used as equity in the Project. Equity Appreciation The equity appreciation is not expected to be significant until year 56 when the units are converted to market rate units. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 112 25B-46 Identity of Interest Roles Quality Development &Construction, Inc., a subsidiary of the Developer, is estimated to earn a $1.48 million, or 11% of construction costs, for contractor fees and general requirements. This amount is within the 10% to 14% range typically required by contractors. As the general partner, the Developer/Owner will also share an Ownership Partnership / Asset Management Fee with the limited partner (Tax Credit Investor). The fee is limited to up to 5% of gross rents, which is estimated to total $906,000 in present value terms, assuming a 6% discount rate, over a 55-yearterm. This fee is paid out of cash flow after the annual debt service payments have been made. In conclusion, the developer fee, cash flow projection, equity appreciation and profit anticipated to be generated by the Project are appropriate. IV. DEVELOPER ASSESSMENT Founded in 1990 and based in Irvine, CA, Jamboree Housing Corporation (JHC) is a non-profit organization that develops and manages affordable housing throughout California with the goal of serving working families, seniors, veterans and people with special needs. JHC's model for success is based around providing not only quality housing but responsive social services that are tailored to serve residents' needs. JHC has provided affordable housing for veterans for over 15 years and is currently the largest developer and supportive services provider for Orange County residents suffering from homelessness and mental illness. Over 25 years, JHC has assembled a $1.1 billion asset portfolio including more than 8,200 homes across California serving over 18,000 residents. Currently, the organization has a total of $280 million in affordable housing projects in the development pipeline. Among the organization's newer projects are affordable residential communities in the cities of El Monte, Claremont, Brea, Buena Park, Irvine, Garden Grove, Anaheim, and Riverside. JHC has extensive experience working closely with local stakeholders and local officials to develop projects that will strengthen and revitalize communities. Following project development, JHC's 55+year ownership structure ensures that projects are managed effectively and remain in compliance in the long-term. The following provides an assessment of the experience and the capacity of JHC to implement the Project as well as the fiscal soundness of JHC to meet its financial obligations and risks of the Project. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 113 25B-47 A. Development Team JHC's mission is to deliver quality affordable housing and services that transform lives and strengthen communities. JHC develops, acquires, renovates and manages affordable rental and ownership housing while providing a continuum of social services to residents. The organization's Development team is experienced in new construction, as well as acquisition and rehabilitation of existing structures, while the Asset Management team provides effective property management and programming following project completion. JHC is a CHDO certified at the State and County level as well as by various California cities. OCCHC's Board members are professionals in real estate and related fields. JHC is headquartered in Irvine and the staff works alongside various advisors and consultants in the development and management process. The Development Team involved in the Project will include the following: 1. Laura Archuleta, President— Prior to joining JHC in 1999, Laura Archuleta held positions in the public sector where she was responsible for the development and preservation of thousands of affordable homes throughout California. She has worked for the cities of Garden Grove, Anaheim and Cypress, and served as Deputy Redevelopment Director for the City of Palmdale. She serves on the board of California Housing Consortium and Building Industry Association of Orange County. Laura holds a bachelor's degree in Criminal Justice and a master's degree in Public Administration from California State University, Fullerton. 2. Marcy V. Finamore, Executive Vice President/Chief Financial Officer— Prior to joining JHC in 2001, Marcy Finamore was Assistant Asset Manager and Financial Analyst for Western National Properties, a property management and investment company, and served as Controller for Oak Springs, Inc., a real estate investment firm. She holds a bachelor's degree in Business Administration Accounting from California State University, Fullerton and is a Certified Public Accountant. 3. Mary Jo Goelzer, Vice President of Marketing and Communication — Mary Jo Goelzer joined JHC in 2001 after working nearly 20 years at Newport Pacific Capital Company, a national real estate development firm. As a Vice President, she served in several areas including marketing, public and private syndication, mortgage instrument programs, portfolio management, sales, financing, association management, and as a legal liaison. Previously, she was Director of Investor Services at American Diversified Corporation. She holds a bachelor's degree in Communications from the University of Washington. 4. Jose Sanchez, Vice President of Asset Management — Prior to joining JHC in 2015, Jose Sanchez served as the Chief Financial Officer at Eagle Real Estate Group where he was responsible for all aspects of corporate financial functions and the oversight of a $.5 billion property portfolio. Prior to his work at Eagle, Jose was the Director of Strategic Planning at The Irvine Company and a Portfolio Manager at Edison Capital. Jose City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 114 25B-48 graduated with a bachelor's degree from Cal State Fullerton and has an executive MBA from Chapman University. Michael Massie, Vice President of Finance— Prior to rejoining JHC in 2017, Michael Massie served as vice president at Related Companies of California where he was responsible for the company's affordable housing developments in San Diego and Los Angeles counties. Preceding his work at Related, Michael oversaw the development of the Picerne Group's multifamily projects throughout Southern California and was a member of the executive committee. Michael previously served as JHC's Director, Housing Development from 2008-2014 and before that as senior project manager from 2005 to 2008. Michael graduated from the University of Pennsylvania's Wharton School with a bachelor's degree in Economics and concentrations in Real Estate and Finance. 6. George Searcy, Senior Vice President, Community Impact— Prior to joining JHC in 2014, George Searcy served as both the Executive Director of Hope Through Housing Foundation and the Executive Vice President of Operation & Program Services at National Community Renaissance (CORE) in Rancho Cucamonga. Prior to his work at CORE, George worked for many years at the City of Irvine as the Community Services Superintendent — Human and Social Services and for the Irvine Adult Day Health Services, Inc. as the Executive Director of Adult Day Health Care Services. The development team will consist of the following entities: B. Ability to Perform HUD guidance related to this evaluation indicates that JHC's recent, similar, successful experience developing and operating comparable projects may be used to assist in establishing JHC's capacity to undertake a project that is requesting HOME Program assistance. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 115 25B-49 • Since 1990, JHC has built a $1.1 billion asset portfolio that includes the development of and/or ownership interest in more than 8,300 housing units in more than 88 affordable housing developments. ■ JHC has 15 years of experience providing quality housing for veterans, and approximately 7% of the organization's 17,000 residents are veterans. ■ JHC has successfully completed three similar projects in Orange County utilizing HOME Funds in the past 5 years. ■ JHC has affirmed that none of their projects have been placed into foreclosure or are at risk of foreclosure. C. Fiscal Soundness JHC has extensive affordable housing development and asset management experience using HOME funds as well as a variety of other federal funding sources. Therefore, it is determined that JHC meets the financial management systems and practices required by the HOME Program. JHC provided audited financial statements for 2015, 2016, and 2017. The financial statements demonstrate that JHC has sufficient cash -on -hand and financial strength to complete the Project. D. Conclusion JHC has demonstrated the development capacity and fiscal soundness to undertake the Project. V. MARKET ASSESSMENT The Developer provided KMA with a multifamily rental market study conducted by Lea & Company. The study includes an overview of the market area economy, household and income trends, demand estimates, and absorption rates. The study also presents rental comparables for both affordable and market rate properties as follows: Development Ross & Durant Apartments Structure LIHTC Subject Site 2.61 miles Triada at the Station District Apartments LIHTC 3.08 miles Warwick Square Apartments LIHTC 4.01 miles Bentley Parke Apartments Market 0.26 miles Vintage Wood Apartments Market 0.50 miles Villa Del Sur Apartments Market 0.89 miles The market study offers the following conclusions: • The achievable market rent for one -bedroom units is approximately $1,510 per month. • The achievable market rent for two -bedroom units is approximately $1,840 per month. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 116 25B-50 Given that the highest affordable rents being proposed for the subject property is $273, the proposed rents represent at least an 85% discount from the currently prevailing market rents. The market area is experiencing very low vacancy rates ranging from 0.0%to 1.8%, and waiting lists are maintained at both market rate and comparable income restricted developments. In addition, the Demand Estimate section of the study considers the number of existing homeless households, number of homeless adults, and the number of homeless veterans, concluding that there is considerable unmet demand for supportive housing targeted towards homeless veterans in the area. There are currently only 12 existing affordable housing developments in the area, and one development in the pipeline, that provide housing for special needs households which could potentially compete with the proposed project. Based on high rates of absorption at three recently constructed properties in the area, the proposed project is anticipated to reach stabilized occupancy within one to two months of completion. Based on the market assessment results, KMA concludes that there is adequate demand for affordable housing to support the Project. Therefore, it is anticipated that the Project will be leased up well before the six-month HOME requirement. VI. HOME REQUIREMENTS The following summarizes additional HOME requirements. A. HOME Program Deadlines Deadline Acquisition §92.2 states that acquisition of N/A housing will occur within 6 months of contract date Demolition/Construction §92.2 states that Under construction/demolition of property Construction is scheduled or reasonably can be expected to start within 12 months of the agreement date (8/21/18). Project Completion §92.205(e)(2), 92.2 state that the To be completed project must be completed within 4 within 18 years of the date the funds are months committed to the project (8/29/2018). Lease -up §92.252 states that HOME assisted To be completed units must be occupied by an eligible within 6 months tenant within six months following project completion City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 1 17 25B-51 B. Cost Reasonableness The construction costs have been estimated in detail by a third -party consultant, Advent Companies, as of May 25, 2018. In addition, the indirect and financing costs were reviewed by KMA and found to be reasonable when compared to similar project in the region. However, if there are any changes to the scope of development or costs increases experienced by the Project during construction, a third party will be required to review the revised estimates. C. Written Agreement The City must execute a written agreement (HOME Agreement) before committing HOME funds to the Project. The written agreement must capture the Project and financing terms that result from the underwriting process. The following summarizes the financial deal points memorialized in the written agreement: 1. The term of the HOME Loan is 55 years. 2. The term of the HOME Affordability Period is 20 years. 3. A total of three units in the Project should be restricted as fixed HOME units, occupied by very -low households (two one -bedroom units and one two -bedroom unit). 4. The HOME Loan terms are as follows: a. A total of $477,346 will be disbursed to the Developer for eligible costs related to the construction of the three HOME assisted units. b. A 3.0% simple interest rate. C. The outstanding loan balance will be due and payable at the end of the 55-year term if the Project is not in default. d. The loan is secured by a of trust that will be subordinated to the construction/permanent loans, OCCF Loan and SNHP Loan. e. Annual payments will be made to the City based on 3% of residual receipts after the OCCF and SNHP loan payment have been made. The following verifies that the written agreement includes the provisions required in Section 92.504: City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 118 25B-52 Required Provisions Use of HOME Funds Included in Written Agreement ® Section of Written Agreement 5.A.1 Affordability ® 7.1 Project is identified by Address or Legal Description Exhibit A Project Requirements ® 7 Property Standards ® 11.11 Other Federal Requirements ® 11 Affirmative Marketing 11.9 Requests for Disbursement of Funds 6.2 Records & Reports ® 11.16 Enforcement of the Agreement t9 20 Duration of the Agreement Definitions Conditions for Religious Organizations 11.33 CHDO Provisions 7.8 & 11.1 Identifies all Parties to the Agreement Recitals Provides dated, signatures for each Party ® 21.16 Recommended Additional Provisions: - Description of Project Exhibit B ■ Roles & Responsibilities Li -- - Conflict of Interest 0 11.18 - Monitoring 11.19 D. Layering Requirements HOME regulations require projects to provide a layering analysis demonstrating that the HOME assistance is required to provide affordable housing. Based on the results of the preceding underwriting analysis, KMA concludes that the Developer's request of $477,346 in HOME assistance from the City is warranted by the Project economics. As such, it can be concluded that the assistance package complies with the HOME layering requirement. E. Cost Allocation (§92.205(d)) and HOME Unit Designation (Table 5) HOME funds may only be used to pay eligible costs for HOME assisted units. When the City designates fewer than 100% of the units as HOME assisted, the City must calculate the eligible costs that are allocable to the assisted units and may only pay the actual costs related to those HOME assisted units, capped by the maximum subsidy limits previously described. The financial gap analysis concludes that the Project needs $477,346 in HOME assistance. Given that the units are not uniform in size, KMA used the Standard Method to determine the cost allocation. As detailed in Table 5, KMA estimated that eligible project costs equate to $696 per square foot of net residential area. Therefore, per the cost allocation test, one 779-square City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 119 25B-53 foot two -bedroom unit is required to be restricted as a HOME unit in order to justify providing $477,346 in HOME assistance. However, there is also a maximum HOME subsidy requirement that must be met. In order to commit $477,346 to this Project, based on the 2018 maximum subsidy limits, two one -bedroom units and one two -bedroom unit need to be restricted as HOME units. The following summarizes the maximum HOME subsidy that can made to the Project based on three HOME units: F. Affordability Period The HOME assisted units must meet the affordability requirements for not less than the applicable period specified in the following table, beginning after project completion: Projects Acquisition / Rehabilitation Projects: Minimum Affordability PeriodRental HOME Funds Under $15,000 per Unit 5 Years HOME Funds Under $15,000 - $40,000 per Unit 10 Years HOME Funds Over $40,000 per Unit 15 Years Rehabilitation Projects Involving Refinancing 15 Years New Construction Projects 20 Years The HOME Program affordability requirements must: 1. Apply without regard to the term of any loan or mortgage, repayment of the HOME investment, or the transfer of ownership; 2. Be imposed by a deed restriction, a covenant running with the land, an agreement restricting the use of the property, or other mechanisms approved by HUD and must give the City the right to require specific performance; and 3. Must be recorded in accordance with State recordation laws. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 120 25B-54 The HOME Agreement must require that at least the three HOME units be restricted as affordable for at least 20 years. Therefore, the Project will meet the HOME requirement for new construction projects. The affordability restrictions are detailed in the HOME Regulatory Agreement that will be recorded on the property. G. Property Standards (§92.251) The Project will be subject to the following property standards: Included in HOME PropertyAgreement State and local codes, ordinances and zoning requirements Accessibility: • Accessibility requirements of 24 CFR part 8 ■ Design and construction requirements at 24 CFR 100.205 Disaster Mitigation Not Applicable Written cost estimates, construction contracts and construction documents Construction progress inspections The Project will also meet the current edition of the Model Energy Code published by the Council of American Building Officials. H. HOME Rents / Utility Allowances The tenants will not be responsible for paying utilities. The following provides the current HOME rents as of July 2019 for Orange County as published by HUD: The HOME Regulatory Agreement should require that three units are restricted as Low HOME units I. Financial Commitments The Developer provided financial commitment documentation for the following sources: 1. An executed financing commitment letter from Union Bank dated June 6, 2018 to provide up to a $23,000,000 construction loan and an estimated $9,790,000 permanent City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 121 25B-55 loan. The permanent loan is now estimated at $10.30 million, but will be finalized closer to the time of permanent loan closing. 2. An executed financing commitment letter from Union Bank dated June 6, 2018 to provide $1.02 per Tax Credit as equity financing. 3. A reservation letter dated June 13, 2018 from TCAC to provide $12,648,740 in federal Tax Credits. 4. A commitment letter from OCCF dated February 8, 2018 to provide a $1,500,000 loan. S. A commitment letter from CaIHFA dated February 2, 2017 to provide $2,912,000 in SNHP loan for 20 units. 6. A commitment letter from the Federal Home Loan Bank dated June 18, 2018 to provide a $750,000 loan. Home Depot provided a letter dated May 1, 2018 that commits a $500,000 grant to the Project. 8. Santa Ana Housing Authority provided a May 4, 2017 commitment letter to provide 75 VASH vouchers to the Project. 9. The City entered into the HOME Agreement to provide $352,963 to the Project on August 21, 2018. The City proposes to amend the 2018 HOME Agreement to provide a total of $477,346 in HOME funds to the Project. VII. CERTIFICATIONS Based on the results of the analysis, the following certifications are provided: Requirement Certifications The funding sources discussed in this Report are sufficient, and timely in Met availability, to cover the Project costs. The estimated costs for the Project are necessary, reasonable, and in compliance with the cost principles described in 2 CFR part 200. The scope and budget for the Project are sufficient to meet the HOME property standards set forth at 24 CFR 92.251 over the life of the affordability covenants imposed by the HOME Agreement. The Developer's operating pro forma includes realistic assumptions regarding the base year revenues and expenses, and reasonable escalation factors for the revenues and expenses. The market assessment confirms the demand for the Project, and the Project can be expected to be leased up within the 18-month period mandated by HUD. City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 122 25B-56 The Developer's experience and financial capacity are adequate to implement the Project, and meet the financial obligations and risks related to the Project. The developer fee, cash flow projection, equity appreciation, and profit anticipated to be generated by the Project are appropriate. The Project meets the minimum HOME investment requirement of $1,000 per HOME designated unit. The Project will provide the minimum number of HOME -Assisted Units as required under the cost allocation rule at 24 CFR 92.504. The HOME Program assistance provided to the Project does not exceed the subsidy limits, and the appropriate number of units have been designated as HOME units as established by 24 CFR 92.504. In accordance with 24 CFR 92.205(e)(2), the Project will be completed within four years of the date the HOME funds are committed. The Project will comply with the property standards and affordability requirements imposed by CFR 92.252(e). VIII. COMMITMENT CHECKLIST (§92.2) HOME funds are not committed to an identifiable project in IDIS until the parties have provided the following: Requirements Project is associated with approved Consolidated Plan / Annual Action Plan projects Requirement Met ® Completion Dates May 15, 2018 Environmental Review Requirements have been met August 2018 Legally binding written agreement has been executed August 2018 / July 2019 All necessary financing is secured August 21, 2018 Subsidy Layering & Underwriting Analysis Completed August 2018 / July 2019 Construction Expected to begin within 12 months Under Construction Commitment Date ❑ August 21, 2018 / July 2019 City of Santa Ana Underwriting & Subsidy Layering Review: Veteran's Village Page 123 25B-57 Appendix Pro Forma Analysis 25B-58 APPENDIX A -TABLE 1 ESTIMATED DEVELOPMENT COSTS VETERANS VILLAGE SANTA ANA, CALIFORNIA I. Land Assemblage Costs 2 Land Acquisition Costs 2 67,082 Sf Land Area $66 /Sf Land $4,400,000 Holding Costs Allowance 0 Closing Costs 0.0% of Acquisition Costs 0 Total Land Assemblage Costs 76 Units $57,900 /Unit $4,400,000 II. Direct Costs 3 Off -site Improvements Allowance $0 On -site Improvements 67,082 Sf Land Area $19 /Sf Land Area 1,282,000 At -Grade Parking Structure Cost 0 Spaces $0 /Space 0 Residential Shell Costs 67,868 Sf GBA $191 /Sf GBA 12,980,000 OtherAmenities Costs 76 Units $0 /Unit 0 Furnishings, Fixtures & Equipment 76 Units $5,782 /Unit 439,000 Contractor Fees / General Requirements 10% of Construction Costs 1,482,000 Construction Insurance/ Bonds 2% of Construction Costs 242,000 Contingency Allowance 5% of Other Direct Costs 850,000 Total Direct Costs 76 Units $227,300 /Unit $17,275,000 III. Indirect Costs' Architecture, Engineering & Consultants 8% of Direct Costs $1,305,000 Permits & Fees 76 Units $16,726 /Unit 1,271,000 Taxes, Insurance, Legal & Accounting 2% of Direct Costs 298,000 Marketing & Leasing 76 Units $1,447 /Unit 110,000 Developer Fee s 2,200,000 Contingency Allowance 4% of Other Indirect Costs 188,000 Total Indirect Costs $5,372,000 IV. Financing Costs2 Acquisition Loan Interests $4,400,000 Loan Amount 6.59% Interest $314,000 Construction Interest 7 $21,750,000 Loan Amount 5.58% Interest 1,323,000 Financing Fees Predevelopment Loan $4,400,000 Loan Amount 0.00 Points 0 Construction Loan $21,750,000 Loan Amount 2.51 Points 546,000 Permanent Loan $10,300,000 Loan Amount 0.00 Points 0 Other Fees Allowance 279,000 Tax Credit Fees 76 Units $1,776 /Unit 135,000 Capitalized Reserves Operating $103,207 /Month 3 Months 310,000 Transition 75 DHS Units $0 /DHS Unit 0 Total Financing Costs $2,907,000 V. ITatal Development Costs 76 Units $394,132 /Unit $29,954,000 2 Based on Developer's estimates. 2 Based on Purchase and Sale Agreement dated 11/21/2016. The Developer closed escrow on the property on January 10, 2018. According to a FMV appraisal by Lea & Company, dated 217/2017, the current value of the Site is $4,940,000. a Based on Developer's estimates. Includes state and federal prevailing wages. Included in the On -site Improvement Costs. 6 Based on maximum allowed by TCAC regulations. 6 Assumes a 13-month loan term. z Assumes a 24-month development period, and a 55% average outstanding balance. Prepared by: Keyser Marston Associates, Inc. Fil_59 Rename: Santa Ana W - 2018 9% Model - 7 319; Financial Gap - 9%- KMA; jlr APPENDIX A - TABLE 2 STABILIZED NET OPERATING INCOME VETERANS VILLAGE SANTA ANA, CALIFORNIA I. Project Revenue 1 Manager Unit(s) 30% MedianTCAC / 30%SNHP / Low HOME 1-Bedroom Units @ (536-Sf) 2-Bedroom Units @ (788-Sf) 30% MedianTCAC / 30%SNHP 1-Bedroom Units @ (536-Sf) 2-Bedroom Units @ (788-So Total Potential Gross Rental Income Add: PBVSu1bsidy2 Add: Miscellaneous Income' Total Potential Gross Income (Less) Vacancy & Collection Allowance 3 Effective Gross Income II. Operating Expenses a General Operating Expenses Property Taxes Social Services Agency Debt Service Replacement Reserve Total Operating Expenses 1 Units $0 /Month $0 2 Units $231 /Month 5,544 1 Units $347 /Month 4,164 68 Units $231 /Month 188,496 4 Units $347 /Month 16,656 76 Units $236 /Month $214,860 75 Units $1,369 /Month 1,231,980 76 Units $9 /Unit/Month 8,208 $1,455,048 7% of Potential Gross Income (101,853) $1,353,195 76 Units $5,641 /Unit $428,696 76 Units $66 /Unit 5,016 76 Units $1,474 /Unit 112,000 2,912,000 MHSA Loan 0.42%MHSALoan 12,230 76 Units $500 /Unit 38,000 76 Units $7,840 /Unit $595,942 Ill. I Net Operating Income $757,253 1 Based on 2019 TCAC, SNHP and HOME rents. The tenants will not be responsible for utilities. ' Assumes that the City will provide the difference between the fair market rents at $1,580/1-bdrm units and $1,994/two-bedroom units, and the actual rent paid by the tenants for at least 15 years. a Based on Developer's estimates. Prepared by: Keyser Marston Associates, Inc. Filename: Santa Ana VV - 2018 9% Model - 7 319; Financial Gap - 9%- KMA; jlr 2 5 B -60 APPENDIX A -TABLE 3 FAIR REUSE VALUE ANALYSIS VETERANS VILLAGE SANTA ANA, CALIFORNIA I. Potential Funding Sources A. Supportable Permanent Financing Net Operating Income $757,253 NOI Income Available for Mortgage 1.18 DCR Interest Rate / Mortgage Constant 5.56% Int. Rate Supportable Permanent Financing B. 9% Federal Tax Credit Equity $12,648,740 Gross Value C. OCCF Loan D. Home Depot Foundation E. County MHSA Loan F. AHP Loan G. Deferred Developer Fee 28% Developer Fee $642,546 Debt Service 6.24% Mort. Constant $10,300,000 $12,900,000 $1,500,000 $500,000 $2,912,000 $750,000 $615,000 Total Potential Funding Sources $29,477,000 11. Financial Surplus/(Gap) Calculation Total Potential Funding Sources $29,477,000 (Less) Total Development Costs (29,954,000) Financial Surplus/(Gap) 75 Affordable Units ($6,400)/Unit ($477,000) 101.99% Synd. Rate Prepared by: Keyser Marston Associates, Inc. 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N N O N N N T N e0 N nl N .ni .ni e Q m N N N e b e m vmi n h m N V1 .bi .bi e Q m N N m n m n W b Q rl n T N �y` N a d c a m 3 LL v $ 3 c N d c cc u c d E V d N o E o0 w 01 n E LL n o c N in m c U' of w o � O X � E 75 •N W n F a y d J u C O C C 6' C O d c�> .q LL V' L f• W O U' 2 N 2 K H 2 J Q V O O f n' - = 25B-67 > �i U U W m c n APPENDIX A - TABLE 5 COST ALLOCATION WORKSHEET-STANDARD MODEL VETERANS VILLAGE SANTA ANA, CALIFORNIA Step 1: Determine Comparability, Select Method of Cost Allocation Step 2: Proposed HOME Investment Step 3: Calculate Actual Cost of HOME Units Total Development Costs Ineligible Development Costs Unit -Specific Upgrades Relocation Costs Assign Relocation Exclusively to HOME Units? Base Project Cost $696 /Sf Residential SF Assign Units # of Bdrms Unit Size 1 2 779 Subtotal HOME Unit Costs Add: Relocation Costs Allocated Exclusively to HOME Units (if applicable) Actual Cost of HOME Units Step 4: Calculate Maximum Project Subsidy Unit Size # of Units 0 Bedroom 0 1 Bedroom 2 2 Bedroom 1 3 Bedroom 0 Maximum Project Subsidy Step 5: Maximum HOME Investment, Lesser of Proposed Investment (Step 2) Actual Cost of HOME Units (Step 3) Maximum Project Subsidy (Step 4) Residential SF 41,990 $477,346 $29,954,412 (749,000) 0 0 N/A $29,205,412 Cost Unit $541,820 $541,820 $0 $541,820 Max Subsidy/Unit Maximum Subsidy $147,074 $0 $168,600 337,200 $205,017 205,017 $265,229 0 $542,217 $477,346 $541,820 $542,217 Maximum HOME Investment 3 HOME Units $477,346 Prepared by: Keyser Marston Associates, Inc. _�� Filename: Santa Ana VV - 2018 9% Model - 7319; Cost Allocation; jlr REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE AN AMENDMENT TO THE AGREEMENT WITH STANTEC IN THE AMOUNT OF $45,620 TO CONDUCT A STORMWATER FUNDING FEASIBILITY STUDY, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $230,620 (NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1H) CITY MAWAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11 Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to amend the Scope of Work for the agreement with Stantec which commenced on July 3, 2018 and is scheduled to terminate on July 2, 2021 with provision for two 1-year extensions, in order to conduct a stormwater funding feasibility study and increase the compensation by an amount not to exceed $45,620, for a total agreement amount not to exceed $230,620 in the Water Admin/Engineering fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 3, 2018, at the conclusion of a competitive bid process, the City entered into an agreement with Stantec to perform a cost of service study for the water and sewer enterprises in an amount not to exceed $158,000. Their primary tasks were to create a financial plan for each enterprise, perform a cost -of -service analysis, and provide a recommended five-year rate structure for City Council consideration. On February 5, 2019, the City Council approved an amendment to expand the initial scope to include a capacity charge study, in an amount not to exceed $27,000, to evaluate charges assessed on new developments. Throughout the course of the studies, a need to assess the feasibility of providing stormwater funding to improve, expand, and maintain the City's flood protection and stormwater conveyance systems was identified. Currently the only funding available for these type of improvements exists via the General Fund and through Drainage Area Impact Fees, which are charges assessed on new developments for the construction of storm drainage systems. Drainage Area Impact funds take many years to build up and are insufficient to meet the City's storm drain improvement needs, as identified by the recent Stormwater Master Plan. 25C-1 Approve an Amendment to Agreement with Stantec to Include a Stormwater Funding Feasibility Study July 16, 2019 Page 2 Staff recommends that the existing agreement with Stantec be amended to expand their scope of work to include a stormwater funding feasibility study. Stantec will be able to provide this service within a cost-effective and expedient time frame due to work already performed for the cost of services studies. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's Infrastructure, Objective #1 (establish and assets), Strategy H (complete water/waste capture critical long-term capital needs). ENVIRONMENTAL IMPACT efforts to meet Goal #6 - Community Facilities & maintain a Community Investment Plan for all City water rate study to ensure adequate resources to There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the Water Administration and Engineering Account (No. 06017645-62300) for expenditure in Fiscal Year 2019-20: Fiscal Year Accounting Unit — Account # Fund Description Accounting Unit, Account Description Amount Water Admin/Engineering, FY19-20 06017645-62300 Water Revenue Contract Services- $45,620 Professional AMENDMENT TOTAL: $45,620 Fuad S. �weiss, PE, PLS ExecutivgaDirector Public W ks Agency FSS/NS/RR Exhibit: 1. Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: l/ Q-t-v - Kathryn Down , CPA Executive Director Finance && Management Services Agency 0- 25C-2 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT TO PERFORM COST OF SERVICE STUDY FOR WATER AND SEWER ENTERPRISES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on July 16, 2019, by and between Stantec ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2018-172, dated July 3, 2018, by which Consultant agreed to perform a cost of service study for the City's water and sewer enterprises ("Agreement"). B. On February 5, 2019, the parties entered into First Amendment No. A-2019-019, by which the Agreement was amended to include the performance of a capacity charge study and to increase the maximum expenditure under the Agreement to compensate for these additional services. C. The Agreement remains in effect through July 2, 2021, with provision for extension, and the parties now wish to further amend the Agreement to expand the scope of services and to increase the maximum expenditure under the Agreement to compensate for the additional services. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to include the performance of a stormwater funding feasibility study, as described in Exhibit A. 2. Section 2.a., Compensation, is amended to increase the total sum to be expended under the Agreement by $45,620 to cover the cost of the stormwater funding feasibility study, as reflected on Exhibit A. 3. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. NORMA MITRE KRISTINE RIDGE Acting Clerk of the Council City Manager - signatures continue on next page - Page 1 of 2 EXHIBigC-3 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: J084N M.FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL FUAD S. SWEISS, PE, PLS Executive Director Public Works Agency CONSULTANT Name: —0,,, Title: 7r t r� Page 2 of 2 25C-4 EXHIBIT A 5ta11teC HILCONSUL71NO D March 25, 2019 City of Santa Ana Attn: Rudy Roses Public Works Agency, City Corporation Yard 215 South Center Avenue, Building A Santa Ana CA 92703 Re: Stormwater Funding Feasibility Study Dear Mr. Rosas, On behalf of Stantec Consulting and Hildebrand Consulting, we are pleased to submit the attached scope of work and fee to conduct a Stormwater Funding Feasibility Study for the City of Santa Ana. The purpose of this project is threefold: (1) develop an understanding of the City's stormwater program financial requirements, (2) evaluate the City's funding options to meet the stormwater program's needs, and (3) work with City staff to develop an action plan for seeking the funding necessary to sustain the desired levels of service from the stormwater program. The City currently funds a portion of its stormwater program indirectly through water and sewer rates. The feasibility of sustaining this funding source or creating a new funding source will require further exploration. Obtaining new funding for stormwater utilities in California is notoriously difficult compared to water, wastewater, and solid waste utilities since stormwater services are not designated as a °property -related" service in Proposition 218 (California Constitution, Article XIIID). As such, increasing or creating new stormwater feesttaxes generally require some form of voter approval. While the recently adopted Senate Bill 231 (SB 231) has promised to make stormwater funding easier by amending the Government Code Section 52750 to define the term 'sewer" to include stormwater utilities, this approach is legally tenuous, and the use of this approach has no known precedent at this time. Case in point, in spite of the passage of SB 231, Los Angeles County recently opted to use a parcel tax to fund their Stormwater program (see Measure W) rather than 'test the waters" of (the ostensibly easier approach of) assuming that stormwater services are 'property -related" that are subject to Proposition 218. As such, once we have defined the City's stormwater program and anticipated future funding requirements, we will explore the City's specific circumstances with respect to existing revenue sources and utility operations to develop Ideas regarding potential alternative funding sources. Paged of 4 25C-5 Stantec Consulting Proposed Scope of Work Stormwater Funding Feasibility Study Proposal Based on our understanding of the City's requested services, we propose to complete the following tasks. Task 1 — Project Initiation & Data Collection To initialize the study, we will submit a data request to the City. Shortly thereafter, we will conduct a Project Kickoff conference call with staff to: • Discuss key issues, roles and responsibilities • Confirm study objectives and further explore project drivers • Confirm data requirements and discuss the data already received • Finalize the project schedule, including key milestone dates and deliverables Prior to the Kickoff conference call, we will provide an initial data request list. We may already have some of this information from our existing work. Upon receipt we will review all data received to confirm its completeness. • Kickoff Meeting Task 2. Stormwaler Program [valuation & Financial Plan In Task 2 we will develop an understanding the City's existing and planned stormwater program and, among other things, how @ relates to the rest of the City's utility operations. As part of this task, our team will evaluate the stormwater program from an organizational perspective in order to seek opportunities that may better align and integrate stormwater management with any other related utility services provided by the City. This organizational alignment also may shed light on intra-City funding opportunities. We will be seeking to understand the stormwater program's current and planned level of maintenance activities and capital spending. Known historic capital and operating expenses associated with stormwater activities will be used to extrapolate spending projections over the long term, in order to better understand long-term funding requirements. We will also gather information on all current and projected revenue sources for the stormwater program. We will review prior studies, master plan documents, capital plans, and service agreements (as applicable). We will also evaluate the availability of data needed for the development of equitable stormwater fees, such as GIS data sets of impervious area. Follow-up calls with staff will be made to ensure full understanding of the reviewed information. Task 3 will also be the bulk of our financial analysis, during which we will Identify funding requirements of the stormwater operations and capital spending. We will develop a 10-year financial plan for the stormwater program which will include: • Evaluation of historic costs; • Projection of expenses using cost escalation factors; • Evaluation of historic revenues including arrangements with other city programs and general fund transfers; • Capital spending scenarios; and • Development of operating, capital, and financial reserve policies/goals. The financial plan will consider the viability of obtaining loans (state revolving loan, bonds, etc.), transfers (general fund or other city departments) and grants, as well as scenarios that explore the financial implications of a new Pagw2 of 4 25C-6 Stantec Consulting Stormwater Funding Feasibility Study Proposal rate revenue stream (using fees, taxes, or other mechanisms that will be explored in Task 3). Our team will work interactively with City staff to validate our financial planning findings during a Financial Planning Workshop. 'financial Planning Workshop 'reliminary revenue requirement results as presented in workshop tandouts Task 3. Stormwater Enlorprise Funding Assessment In Task 3 our team will assess the stormwater funding options available to the City and work with staff to evaluate the best path forward given the availability of data, ease of implementation, and what is most appropriate given the needs and characteristics of the City. As previously discussed, there is no 'obvious' solution for stormwater funding. Some approaches are easier to Implement but perhaps subject to legal challenges. Other approaches are legally robust but less certain to succeed (such as passing a stormwater tax). Addressing stormwater funding for a city first requires an assessment of the city's specific stormwater program and how it affects (and is affected by) other city services. In some Instances, innovative funding solutions (or partial solutions) can be found through "out of the box' thinking. Examples include arrangements with the street sweeping program to recognize the impact of street trash on total maximum daily loads (TMDLs); water conservation fees that provide funding for reducing irrigated runoff; and Low Impact Development (LID) ordinances fees for developments in which permeable surfaces are replaced with non - permeable surfaces. To this end, our team will develop a whitepaper that will address multiple feasible stormwater funding options, which may Include interfund transfers, property taxes; utility/user fees; special assessments; special taxes, and development fees. As part of this effort, our team will also research the stormwater funding mechanisms utilized by neighboring communities and the rate structure utilized to fund their stormwater programs. A draft Stormwater Funding White Paper will be submitted to the City for review and comment, then will be finalized based on City input. r Meetings Conference calls, as needed Task, 3 Deliverables Draft and Final Stormwater Funding White Paper Task 4. Stonnwater Funding Implementation I'lon Following Task 3, the City will decide which stormwater funding strategy to pursue. Based on this decision, our team will develop an implementation plan for executing the funding strategy. This implementation plan will include a Road Map which will define the process that needs to be followed and milestone dates associated with those steps. Given the wide range of possibilities for the stormwater funding, the scope of work and budget for Task 4 will be developed at a later time. For example, one funding approach may require a cost -of -service analysis and protest hearing process, while another may require a tax initiative and vote campaign. Task 4 Meetings & Deliverables Pager3 of 4 25C-7 Stantec Consulting Stormwater Funding Feasibility Study Proposal Price Proposal We propose to complete Tasks 1 through Task 3 on a time and materials basis as detailed in the table below. Invoices will be sent monthly. 1 Project Initiation & Data Collection 5 10 10 2 27 $5,96! 2 Stormwater Program Evaluation & Financial Plan 14 42 48 3 107 $23.341 3 Stormwater Enterprise Funding Assessment 8 32 26 2 68 $15,114 4 Stormwater Funding Implementation Plan (to be determined) Phase I Total: 27 84 84 7 202 $44,420 Direct Expenses: $1,200 Project Team We propose to staff this project with the same team as the current 2019 Water, Recycled Water and Sewer Rate Study project. Mark Hildebrand (of Hildebrand Consulting) will be the Project Manager with Matthew Freiberg as the Lead Consultant. David Hyder will serve as the Project Director in an advisory and a quality control capacity. Stantec has additional staffing resources should the need arise. Please let us know if you have any questions or comments regarding this proposal. We appreciate the opportunity to be of continued service to the City. Sincerely, David Hyder Principal, Financial Services Signing Authority Page4 of 4 Mark Hildebrand Hildebrand Consulting, LLC Project Manager 25C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 16, 2019 TITLE: APPROVED APPROVE COOPERATIVE AGREEMENT ❑ As Recommended WITH THE CITY OF COSTA MESA FOR ❑ Amended ❑ OOrrdinance on 1$' Reading MACARTHUR BOULEVARD IMPROVEMENT ❑ Ordinance on 2n° Reading (PROJECT NO.20-6953) ❑ Implementing Resolution (STRATEGIC PLAN NO. 6, 1 B, 1 C, 1 G } ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the City of Costa Mesa for the MacArthur Boulevard Improvements Project, in an amount not to exceed $64,568.40, subject to non -substantive changes approved by the City Manager and City Attorney. The recommended action will allow the City to enter into a cooperative agreement with the City of Costa Mesa to share the cost of street improvements for MacArthur Boulevard from the Santa Ana River to Harbor Boulevard (Exhibit 1). Approximately fifteen feet of the roadway on the north edge of MacArthur Boulevard is in Santa Ana. The City of Costa Mesa is the lead agency for the design, construction, and construction management of improvements to MacArthur Boulevard from Santa Ana River to Harbor Boulevard. The cooperative agreement (Exhibit 2) identifies the City's cost share of $64,568.40, roles, and responsibilities between Costa Mesa and Santa Ana. Improvements include grinding and overlaying the pavement with asphalt concrete and traffic striping. Once completed, the improvements will extend the life of the pavement and enhance the ride quality, surface drainage, and appearance of the street. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City 25D-1 Cooperative Agreement with Costa Mesa for MacArthur Boulevard July 16, 2019 Page 2 assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users); Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). FISCAL IMPACT Funds have been budgeted in the approved Fiscal Year 2019-20 Capital Improvement Program (Exhibit 3) in the Select Street Construction Fund, Highway Users Tax Account (HUTA), Road Maintenance and Rehabilitation Account (RMRA) account (No. 05917665-66220), and are available for expenditure as summarized in the following table: APPROVED AS TO FUNDS AND ACCOUNTS: Fuad 4 Sweiss, PE, PLS Kathryn Dow s, CPA di Execute a Director Executive Director Public orks Agency Finance and Management Services Agency FSS/EWG/KN/ML Exhibits: 1. Location Map 2. Cooperative Agreement 3. FY 2019-20 Capital Improvement Program Project Budget Sheet 25D-2 EXHIBIT 1 SA AMA Cooperative Agreement with pi City of Costa Mesa NaUCM„�, MacArthur Boulevard Improvements 25D-3 25D-4 EXHIBIT 2 COOPERATIVE AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CITY OF SANTA ANA FOR THE PAVEMENT REHABILITATION OF MACARTHUR BOULEVARD FROM THE SANTA ANA RIVER TO HARBOR BOULEVARD THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into thisA6th day of July, 2019, by and between the CITY OF COSTA MESA, -a municipal corporation ("COSTA MESA"), and the CITY OF SANTA ANA, a municipal corporation ("SANTA ANA"). RECITALS: A. WHEREAS, COSTA MESA and SANTA ANA desire to enter into an agreement to resurface and stripe the roadway pavement on MacArthur Boulevard from the Santa Ana River to Harbor Boulevard (the "PROJECT"); and B. WHEREAS, the PROJECT is included in COSTA MESA plans for its Street Rehabilitation Project (Zones 2 and 5), Project No. 18-16, a record of which is available at the office of the City Clerk, 77 Fair Drive, Costa Mesa, California, and incorporated herein by this reference; and C. WHEREAS, the PROJECT has been awarded to R.J. Noble Company to perform the construction work; and D. WHEREAS, the PROJECT lies partly within the corporate and jurisdictional limits of SANTA ANA and partly within the corporate and jurisdictional limits of COSTA MESA; and E. WHEREAS, SANTA ANA and COSTA MESA are each empowered by law to expend public monies to improve MacArthur Boulevard; and F. WHEREAS, SANTA ANA and COSTA MESA desire to accomplish all of the needed work as described herein by a single public works project in which COSTA MESA will act as the lead agency, and SANTA ANA will reimburse COSTA MESA for SANTA ANA's portion of the construction costs; and G. WHEREAS, the total PROJECT construction cost is estimated at $515,050.13, and the parties desire to share the construction costs as set forth herein; and H. WHEREAS, the PROJECT is declared categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c). NOW, THEREFORE, COSTA MESA AND SANTA ANA agree as follows: 1.0 CONSTRUCTION COST The total PROJECT construction cost is estimated at $515,050:13, as shown in Exhibit "A," attached hereto and incorporated herein by this reference. The total estimated PROJECT construction cost will be divided between the parties as follows: 25D-5 COSTA MESA SANTA ANA TOTAL Construction Cost $450,481.73 $53,807.00 Contingency (10%) $5,380.70 Construction Management (10%) $5,380.70 Total $64,568.40 $515,050.13 2.0 COSTA MESA'S RIGHTS AND DUTIES 2.1 COSTA MESA will be the lead agency for the design and construction work and will provide all construction management. COSTA MESA will be solely responsible for the administration and performance of the contract awarded to the contractor for the construction of the PROJECT. 2.2 COSTA MESA will pay its proportionate share of materials testing, site surveys, construction engineering and construction management. 2.3 COSTA MESA will pay its proportionate share of construction cost, which is estimated in Exhibit "A" of this Agreement. 2.4 COSTA MESA will notify SANTA ANA in writing of any changes, increased costs, and meetings associated with COSTA MESA's lead agency responsibilities for the PROJECT. 2.5 COSTA MESA will request written approval of change orders from SANTA ANA's Executive Director of the Public Works Agency for work within SANTA ANA, prior to implementation of such change orders. COSTA MESA will permit SANTA ANA to enter and inspect within COSTA MESA boundaries for the purpose of overseeing COSTA MESA lead agency functions. 2.6 COSTA MESA will require Contractor to obtain a SANTA ANA business license prior to starting work. 2.7 COSTA MESA will provide SANTA ANA final record drawings for the PROJECT within sixty (60) days of the completion and acceptance of construction. 3.0 SANTA ANA'S RIGHTS AND DUTIES 3.1 SANTA ANA will waive all permit fees for work within SANTA ANA. 3.2 SANTA ANA will review all progress payments for PROJECT. If SANTA ANA contests a progress payment, SANTA ANA will request withholding of the payment within five (5) business days of receipt of such payment request. SANTA ANA will provide the information necessary to substantiate its position that the required 25D-6 progress has not been met. 3.3 SANTA ANA's Executive Director of the Public Works Agency will review COSTA MESA's change order requests for changes to work within SANTA ANA. Approval of such requests will not be unreasonably withheld. SANTA ANA will have a minimum of five (5) working days to review and approve change orders. 3.4 SANTA ANA will have inspection authority within SANTA ANA jurisdictional boundaries and will be notified of the progress of the PROJECT for such purposes. SANTA ANA will also have the right to enter and inspect within COSTA MESA boundaries at all times for the purposes of overseeing COSTA MESA lead agency functions. 3.5 SANTA ANA will pay its proportionate share of construction, materials testing, site surveys, construction engineering and construction management cost, which is estimated in Exhibit "A" of this Agreement, within thirty (30) days after receipt of an invoice from COSTA MESA. 4.0 JOINT RIGHTS AND DUTIES 4.1 If the amounts expended for the PROJECT exceed the cost estimates set forth in Exhibit 'A," then SANTA ANA will 'be solely responsible for paying for the additional costs occurring within the jurisdictional boundaries of SANTA ANA, and COSTA MESA will be solely responsible for paying for the additional costs occurring within the jurisdictional boundaries of COSTA MESA. 4.2 If this Agreement involves expenditures of State funds aggregating in excess of Ten Thousand Dollars ($10,000), then, pursuant to California Government Code section 8546.7, both parties will be subject to the examination and audit of the California State Auditor for a period of three (3) years after final payment under this Agreement. 4.3 Mutual Indemnification (a) Neither SANTA ANA nor any elected official, officer, agent or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COSTA MESA, its officers, agents, employees or engineers under or in connection with any work, authority, or duties delegated to COSTA MESA under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895.4, COSTA MESA shall fully indemnify, defend and hold harmless SANTA ANA, its elected officials, officers, agents, employees and engineers from any liability imposed for any injury (as defined by Government Code section 810.8), occurring by reason of anything done or omitted to be done by COSTA MESA, its officers, agents, employees or engineers under or in connection with any work, authority, or duties delegated to COSTA MESA under this Agreement. (b) Neither COSTA MESA nor any elected official, officer, agent or employee thereof shall be responsible for any damage or liability occurring by reason 25D-7 5.0 of anything done or omitted to be done by SANTA ANA, Its officers, agents, employees or engineers under or in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. It is also understood and agreed that pursuant to Government Code section 895.4, SANTA ANA shall fully indemnify, defend and hold harmless COSTA MESA, its elected officials, officers, agents, employees and engineers from any liability imposed for any injury (as defined by Government Code section 810.8) occurring by reason of anything done or omitted to be done by SANTA ANA, its officers, agents, employees or engineers in connection with any work, authority, or duties delegated to SANTA ANA under this Agreement. GENERAL PROVISIONS 5.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any othercontract document appurtenant hereto, including exhibits to this Agreement. 5.2 Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO SANTA ANA City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Tel: (714) 647-5690 Attn: Fuad Sweiss, Executive Director IF TO COSTA MESA: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (714) 754-5291 Attn: Raja Sethuraman, Public Services Director 5.3 Attorneys' Fees. In any action or proceeding to enforce or interpret any provision of this Agreement, each party will bear its own attorneys' fees and costs. 5.4 Governina Law, This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 25D-8 5.5 Comollance with All Laws. The parties shall comply with all applicable statutes, ordinances, regulations, and requirements of all governmental entities in the performance of this Agreement. 5.6 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 5.7 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 5.8 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 5.9 Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 5.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 5.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 5.12 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. [Signatures appear on the following page.] 25D-9 ATTACHMENT IN WITNESS WHEREOF, COSTA MESA and SANTA ANA have caused this Agreement to be executed by and through their respective authorized officers, as of the date first written above. CITY OF SANTA ANA 51 Kristine Ridge City Manager ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM: S is Carvalho Ci y Attorney RECOMMENDED FOR APPROVAL: Fuad Sweiss Public Works Agency Executive Director CITY OF COSTA MESA M Tamara Letourneau City Manager ATTEST: Brenda Green City Clerk APPROVED AS TO FORM: Kimberly H I Barlow City Attorney RECOMMENDED FOR APPROVAL: Raja Sethuraman Public Services Director 9 25D-10 EXHIBIT A ESTIMATED CONSTRUCTION COSTS 25D-11 STREET REHAB PROJECT N18-16 MACARTHUR BLVD (SANTA ANA RIVER TO HARBOR BLVD) (SSA 1 DescriptionUnit (Mobilization L.S. City of Unit Total City of Total Costa Mesa rice $6,250.00 Amount $6,250.00 Santa Ana uanti r 1 Amount $625.00 uanti I 1 2 3 Cold Mill (2- Min Depth) Removal & Reconstruct Asphalt Concrete (6' Min Depth, Including excavation) S.F. TON 229,500.00 517.39 $024 $138.00 $55,080.00 $71,399.48 37,000 $8,880.00 4 Type'D- Asphalt Concrete Leveling (Paving Machine) TON $120.00 $0.00 5 Type'C' Asphalt Concrete Overlay (Paving Machine) - Surface Course TON $69.00 $0.00 6 Asphalt Rubber Hot Mix (AHRM) Surface Course TON 3,449.25 $81.00 $279,389.25 470.0 $38,070.00 7 8 jAdjust Manhole to Grade jAdjusl Water Valve to Grade EA. EA. 13.00 16.00 $685.00 $735.00 $8,905.00 $11,760.00 5 2 $3,425.00 $1,470.00 9 IInstall Blue Raised Pavement Markers (BRPM) EA. I $16.00 $160.00 10 11 linstall Install Type E Traffic Signal Loops Type D Traffic Signal Loops EA EA 9 ()Q 32.00 I $212 00 $275.00 $1,908,00 $8,800,00 1 2 $212.00 $550.00 12 Ilnstall 13 (Adjust Lane Markings, Slriping,Pavement Legends, and Raised Pavement Markers (RPM) and Reset Existing Survey Monuments and Ties L S I E.A. 1 3.00 $2,500.00 5360.00 $2,500.00 $1,080.00 1 $250.00 14 Traffic Control L.S. 1 $3,250.00 $3,250.00 1 $325.00 STREETTOTAL $450,481.73 STREETTOTAL $53,807.00 110% Contingency $5,380.70 10%Construction Management $5,380.70 GRANDTOTAL S410,481.731 $64,568.40 PROJECT GRAND TOTAL $515,OSO.13 25D-12 EXHIBIT f#) % E-E■� CeL t■7E� k\ §\ of \f/ Lu LU '■0,3 zEt22; @ »aaktm §|� tI §| [ t / { \ / K q 25D-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE SECOND AMENDMENT TO THE AGREEMENT WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC., IN THE AMOUNT OF $102,000 FOR SPILL RESPONSE, STORM DRAIN FACILITY CLEANING, CRIME SCENE CLEANUP, AND JAIL CELL DECONTAMINATION SERVICES FOR A NEW TOTAL AGREEMENT AMOUNT OF $1,222,000 {STRATEGIC PLAN NO. 6, 1C} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a second amendment to the Agreement with Ocean Blue Environmental Services, Inc., to increase the annual expenditure amount for the one-year term ending June 19, 2020, by $57,000, and increase the annual expenditure amount for the optional one-year extension term ending June 19, 2021, by $45,000, if exercised, for a total increase of $102,000, for a new total agreement amount of $1,222,000, subject to non -substantive changes approved by the City Manager and City Attorney. Authorized by the Federal Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) Permit program was established in 1972 to mitigate pollutant discharges to waters of the United States and to maintain water quality standards. In California, this program is regulated by the State Water Resources Control Board through its nine Regional Water Quality Control Boards. Compliance with the NPDES Permit includes the cleaning of all City -owned storm drain facilities and the removal of hazardous materials and pollutant spills that could potentially discharge into the City's storm drain system. The City of Santa Ana entered into an agreement with Ocean Blue Environmental Services, Inc. on June 20, 2017. The primary function of this agreement is for City -owned storm drain facility cleaning and hazardous materials spill response. However, additional services are also provided under this agreement for crime scene cleanup and jail cell decontamination. 25E-1 Agreement Amendment with Ocean Blue Environmental Services, Inc. July 16, 2019 Page 2 On September 18, 2018, the first agreement amendment was approved to expand the scope of services and adjust the amount to be expended. Due to increased usage by the Police Department, there is a need to further increase the annual expenditure amount of this agreement by $46,000 for both the remaining FY 2019-20 term and the optional extension in FY 2020-21. The allocation for the Public Works Agency will remain at $225,000 annually for spill response and storm drain facility cleaning. The allocation for the Police Department will increase from $55,000 to $100,000 for crime scene cleanup and jail cell decontamination services. This increase is primarily the result of call out requests for jail cell decontamination. The Jail has experienced an increased number of instances where biohazardous waste clean-up is required and Jail Management wants to ensure that the clean-up is performed in a safe and responsible manner. This agreement amendment also provides for $12,000 to pay for work performed from June 20, 2018, through June 19, 2019, as there was not enough spending authority in FY 2018-19 for the Police Department to pay these invoices. These changes increase the FY 2019-20 Agreement amount by $57,000 and the optional FY 2020-21 extension by $45,000. The total budget over the lifetime of the Agreement is $1,222,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 6 — Community Facilities & Infrastructure, Objective # 1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT The current agreement approves annual expenditures of $280,000 — allocating $225,000 annually for the Public Works Agency, and $55,000 annually for the Police Department. The requested amendment will increase the Police Department annual allocation to $112,000 in FY 2019-20 and $100,000 in FY 2020-21. Sufficient funds are included in the proposed FY 2019-20 budget in the accounts listed below and will be budgeted in FY 2020-21, as depicted, if the optional extension is exercised. Accounting Fiscal Unit— Fund Description Accounting Unit, Amount Year Account Account Description No. Federal Clean Water Federal Clean Water FY19-20 05717640- Protection Enterprise Protection Enterprise, $225,000 62300 (Public Works Contract Services - Agency Professional 25E-2 Agreement Amendment with Ocean Blue Environmental Services, Inc. July 16, 2019 Page 3 FYI 9-20 01114420- General Fund Field Operations, Contract Services- $50,000 62300 (Police Department) Professional Accounting Fiscal Unit — Fund Description Accounting Unit, Amount Year Account Account Description No. 01114475- General Fund Jail Operations, Contract $62,000 FY19-20 62300 Police Department Services -Professional FYI 9-20 SUBTOTAL: $337,000 OPTIONAL EXTENSION Federal Clean Water Federal Clean Water FY20-21 05717640- Protection Enterprise Protection Enterprise, $225,000 62300 (Public Works Contract Services - Professional FY20-21 01114420- General Fund Field Operations, Contract Services- $50,000 62300 (Police Department) Professional FY20-21 01114475- General Fund Jail Operations, Contract $50,000 62300 Police Department Services -Professional FY20-21 SUBTOTAL: $325,000 APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sw 'ss, PE, PLS Kathryn Do ns, CPA Executive Di ector Executive Director Public Work Agency Finance and Management Services Agency �✓L e-k-• David alentin Chief f Police Santa Ana Police Department FSS/TC/CF/RC Exhibit: 1. Second Agreement Amendment with Ocean Blue Environmental Services, Inc. 25E-3 25E-4 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on July 16, 2019, by and between Ocean Blue Environmental Services; Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2017-156, dated June 20, 2017, by which Consultant agreed to provide spill response and storm drain cleaning services ("Agreement'). The original term of the Agreement was for two years and has been extended for the additional one-year period ending June 19, 2020, with provision for one additional year. B. The primary purpose of the Agreement is for spill response and storm drain services, though related services are also provided under the Agreement for crime scene clean-up and jail cell decontamination at the direction of the Santa Ana Police Department. C. On September 18, 2018, the parties entered into First Amendment No. A-2018-226, by which the Agreement was amended to expand the scope of services and adjust the amount to be expended under the Agreement. D. The parties now wish to further amend the Agreement to increase the amount to be expended under the Agreement. The Parties therefore agree: 1. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the Agreement from $280,000 to S337,000 for the one-year term ending on June 19, 2020. This increased amount may be utilized to pay Consultant for work completed during the original term of the Agreement. For the one year -term ending on June 19, 2021, if exercised, the not - to -exceed expenditure shall be increased from $280,000 to $325,000. 2. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST NORMA MITRE Clerk of the Council CITY OF SANTA ANA KRISTINE RIDGE City Manager Page t of 2 25E-5 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:. JOHN M.FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL FUAD S. SWEISS, PE, PLS Executive Director Public Works Agency CONSULTANT --Name: J.ast� Lc� Title: �cec RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police Santa Ana Police Department Page 2 of 2 25E-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: AWARD AGREEMENTS TO PROJECT PARTNERS, INC., INTERWEST CONSULTING GROUP, PENCO ENGINEERING, INC., GK ASSOCIATES, AND TRANSTECH FOR ENGINEERING AND TECHNICAL SUPPORT SERVICES FOR UP TO FIVE YEARS, FOR A TOTAL AGGREGATE AMOUNT NOT TO EXCEED $2,500,000 (STRATEGIC PLAN NO. 6, 1C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2°d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute five agreements with the firms listed below to provide engineering, technical, and administrative support services, for a three-year period commencing July 16, 2019, and expiring July 15, 2022, with a provision for one, two-year renewal option exercisable by the City Manager and City Attorney, for a total aggregate amount not to exceed $2,500,000 for the five contracts combined, for the term of the contract, including the optional renewal, subject to non -substantive changes approved by the City Manager and the City Attorney: • Project Partners • Interwest Consulting Group, Inc. • Penco, a Cannon Company • GK & Associates • Transtech Engineers, Inc. In order to provide the best services to the City, staff will endeavor to distribute work equally among the five consultants, but reserves the right to assign more work to one or more consultants over another based on type of support position required, availability of staff, and performance, among otherfactors. DISCUSSION The City of Santa Ana Public Works Agency oversees all aspects of civil engineering for capital improvements projects, including managing project design and construction. In the past, the City has contracted with consultant firms to provide temporary staffing for the Public Works Agency to perform a wide range of tasks to design, manage, and inspect construction of City capital 25F-1 Agreements with Project Partners, Interwest Consulting Group, Penco Engineering, Inc., GK & Associates, and Transtech for Engineering and Technical Support Services July 16, 2019 Page 2 improvements, as well as to support city-wide development and utility permit -related services. In anticipation of peak workloads which will exceed the current staffing capacity of the Public Works Agency, the recommended staff augmentation would help maintain time -sensitive project delivery schedules and commitments related to private property development activity. The approval of this recommended action will allow the City to temporarily augment staff as needed for various engineering, technical and administrative duties, to meet the agency goals and deliver projects in a timely manner. The plan checking and permit fees that the City charges developers are based on cost recovery, and the on -call nature of the recommended contracts assures that the city can maintain responsiveness. The table shown in Exhibit 1 summarizes the revenues for plan checking and permitting that Public Works has received over the last seven fiscal years, and shows that permit - related actual revenues significantly exceed the estimated/budgeted revenue each year. On May 30, 2019, the Public Works Agency released a Request for Proposals on the City's website and notified qualified consulting firms. Ten proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. The list of the firms and each respective score is as follows: FIRM SCORE Project Partners, Inc. b9 Interwest Consulting Group 86 Penco Engineering, Inc 84 GK Associates 82 TransTech 81 NV5 77 Infrastructure Engineers 74 Albert Grover and Associates 73 Adams Streeter 69 Ronin Staffing 65 Staff recommends that Project Partners, Inc., Interwest Consulting Group, Penco Engineering, Inc., GK Associates, and TransTech be retained to provide engineering, technical, and administrative support services (Exhibits 2 through 6). The cost proposals from these top five firms were negotiated to ensure the City receives the highest quality and value. ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. 25F-2 Agreements with Project Partners, Interwest Consulting Group, Penco Engineering, Inc., GK & Associates, and Transtech for Engineering and Technical Support Services July 16, 2019 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community unityend Investment servicPl fe oflan r exli City assets), Strategy C (invest resources and technology infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on -call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. onding Noce to specificUpon scessful completion of this fiscal review, a scope and maximum expenditure for the task order pwill be issued to a firm. eed containing Funds are available for expenditure in FY 2019-2020 in the following Public Works Contract Services -Professional Accounts: Exhibits: 1. PWA Development Activity 2013-2019 2. Agreement — Project Partners, Inc. 3. Agreement — Interwest Consulting Group 4. Agreement — Penco Engineering, Inc., A Cannon Company 5 Agreement — GK & Associates 6. Agreement —TransTech 25F-3 25F-4 EXHIBIT 1 PWA DEVELOPMENT ACTIVITY 2006-2019 PWA DEVELOPMENT PLAN CHECKS z000 15M 1000 soo 0 06/07 0)/08 06/09 09/10 10/11 11/12 12(33 13/14 14/15 15/16 16/17 17/16 18/19 (Prolected� FISCAL YW PWA STREET AND UTILITY PERMITS ISSUED ism 500 0 06/07 07/08 08/09 09/30 10/11 11/12 12/13 13/14 14/25 15/16 16/17 17/18 39/19 Projected) FISCAL YEAR PWA PERMIT RELATED REVENUE a,000,000 3,000,000 2,000,000 1,000,000 %/07 07/M N/09 09/10 10/11 11/12 12/13 13114 14/15 15/16 16117 17/18 18/19 (Proletletll FISCAL YEAR 25F-5 25F-6 EXHIBIT 2 AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS THIS AGREEMENT is made and entered into this 16th day of July, 2019 by and between Project Paitners..("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 30, 2019, the City issued Request for Proposal No. 19-045, by which it sought a consultant to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 19-045 and addendum thereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 19-045 and addendum thereto, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of several consultants selected to provide services on an as - needed basis under RFP No. 19-045. The total compensation for services provided by all consultants selected under RFP No. 19-045 shall not exceed the shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Page 1 of 8 25F-7 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 15, -2022`unless terminated earlier in accordance with Section 17, below. The tern of this Agreement may be extended for one 2-yeaf period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Page 2 of 8 25F-8 Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 8 25F-9 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies she not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid forits time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) forpersonal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, Page 4 of 8 25F-10 for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 5 of 8 25F-11 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Project Partners 23195 La Cadena Drive, Suite 101 Laguna Hills, CA 92653 Attn: ICimo Look, P.E. A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Page 6 of 8 25F-12 the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California; shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 25F-13 20. P.ROFESSIONAL LICENSES Consultant shall, throughout the term orthis Agreement, maintain all necessary",licenses,, Permits, approvals, waivers, and exemptions necessary•for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and. in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and -exemptions. Said inability shall be cause for termination of this Agreement. '21. MISCELLANEOUS PROVISIONS a. Each undersigned rep_ resents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terrris of this Agreement, and shall indemnify City fully; -including reasonable costs and attomey's fees, for any iirjuries or damages to City in the event that suchIauthority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto.shall be incorporated as if fully set forth in the'body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the.date and year first above written. ATTEST: Norma'Mitre Acting Clerk of the Council APPROVED.AS TO FORrrI SONIA R. CARVALHO City Attorney By: IlV. J r'M. Funk Assistant City Attomey RECOMiVIENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency ,CITY OF,SANTA ANA Kristine Ridge. City Manager. CONSULTANT N `I'ille: Page 8 OF 8 25F-14 (10 U) 0 Q. 0 U o� Project Partners 23195 Le Cadena Or. Suite 101 Laguna Hills. CA 92653 phone 949.852.9300 fax 949.852.9322 EXHIBIT A fProject Partners Engineering, Technical and Administrative Support Services RFP No. 19-045 Prepared for: City of Santa Ana June 13, 2019 25F-15 Table of Contents Cover Letter Section 1 Project Partners Firm Overview 1.1 General Overview of Project Partners 1-1 1.2 Services We Offer1-1 ____________ 1.3 Positions We Provide___ _______________ 1-2 --- --- --- --- --- --- --- - ----- 1.4 The Project Partners' Team____-_____ _____________................ 1-3 1.5 Project Partners Organization Chart1_5 1.6Contract Agreement Statement_ 1-5 Section 2 Understanding of Needs 2.1 Understanding the City's Project Needs__________________ ------------------------------ 2_1 2.2 Our Approach _— ---------------------------------------------------- 2.3 Public Staff Augmentation Experts_______________------------ --___2-2 2.4 CalPERS Compliance is CRTICIAL 2.5 Providing High Quality Engineering Professionals 2.6 Providing Cost Effective Billing Rates 2.7 How Our Approach Benefits the City's Needs Section 3 Relevant Project Experience $ References 3.1 Similar Public Works Experience______________ _ _ 3-1 3.2 Proven History Working with the City of Santa Ana 3-1 3.3 Three Project Summaries__________________________--_—__-__-_--_3.2 3.4 References_________ 3-7 Appendix A - Certifications • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification Appendix B - Fee Proposal (Attached in Separate Envelope) 25F-16 "Partners in Building Engineering Careers and Teams" www.projectpartners.com F Project Partners June10, 2019 Mr, Taig Higgins Project Manager Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposal for Engineering, Technical and Administrative Support Services Dear Mr. Higgins: Project Partners is pleased to submit this proposal and is excited about the opportunity to continue providing the City of Santa Ana (City) with Engineering, Technical and Administrative Support Services. We are a civil engineering firm that specializes in providing public sector organizations with the exact service the City is seeking. OUR APPROACH Project Partners approach is simple and is based on three fundamental components: a Compliance with Labor Laws —We know how to keep the city safe. • Dedicated High Quality Staff— We have true engineering professionals for your projects. • Cost Effective Billing Rates — Our rates are a fraction of traditional consultant rates. WHY SELECT PROJECT PARTNERS Though there are a multitude of reasons to select us, five principal reasons include: • Long Proven Record of Providing This Exact Service • Long Proven Track Record of Working Well with the City of Santa Ana e Public Sector Staff Augmentation Experts • Proven Record of Providing High Quality Public Works Professionals • Bonus Benefit - Caltrans Approved Billing Rates 23125 Le Cadena Dr. Suite 101 Laguna Hills, CA 92653 2 5 F -17 phone 949.852.9300 rax 949.852.9322 Protect Partners Proposal Request for Proposal to Provide Staff Augmentation Page 2 of 2 In the following proposal, we will explain In detail on our approach and the multitude of reasons to select us. After reading it, I am sure you will agree that Project Partners is the right choice for the City. Should you have any questions or need further clarifications, please do not hesitate to give me a call at any time. Sincerely, Klmo Look, P.E. Principal Project Partners, Inc. 23195 La Cadena Drive Suite 101 Laguna Hills, Ca 92GS3 Ph: 949-852-9300 25F-18 ,tea ® Project Partners Section 1 am Experience 25F-19 Project Partners CITY OF SANTA ANA PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINSTRATIVE SERVICES Firm :and, Team:Exp Obnce 1.1 General Overview of Project Partners 1.2 Established In 1996 as a California corporation, Project Partners has quickly become the leading engineering resource firm for Southern California public agencies. Specializing in Public Works and Water/Wastewater sectors, numerous cities and special districts have made Project Partners their go -to -firm to solve peaking workload issues. Project Partners recognized that many municipalities, particularly engineering departments, are impacted by reduced staff levels. Unfortunately, this issue is not expected to change as the "baby boomer" generation reaching their retirement years, staff retirement will increase. Simultaneously, the ongoing pension crisis has discouraged upper management from approving staff increases. This leads to public agencies working under heavy workloads with a diminished workforce. I This is where Project Partners comes in. Many Southern California agencies have turned to Project Partners to help complete more projects and expedite delivery of public works services. Our proven ability to have quality technical professionals at affordable prices has been the winning formula for decades. Services We Offer To help our clients complete more projects and meet department goals, Project Partners offers three services: Umited-Term On -Site Technical Staff Service: With our large pool of .available staff, Project Partners, offers our clients a broad range of expertise designed to help our clients get more work done. Our staff works on -site, shoulder to shoulder with our client's staff, performing critical duties that are integral to client's everyday operations. With our extensive management system, we monitor and manage ourstaff's activities and assignment to verify compliance with all labor laws. Section 1, Page 1 25F-20 1141 R Project ` Partners 1:3 OTI(OFSANTAANA PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINSTRATIVE SERVICES .Project. Management and other Consultative Services: Project Partners has strong proven, expertise in Project Management and other consultative work. our project management staff is com prised of senior engineers with decades of experience and expertise in public works and water/wastewater. This in-depth knowledge combined with years in the public -sector industry, allow them not only to address complex issues but to hit the ground running, being productive on day one.. + On -Site: and Off -Site Plan Check Services: Project. Partners understands that in today s fast-paced'development sector, projects have to flow quickly and smoothly through the regulatory approval process. With decades of experience In providing.plan check services to numerous public agencies we have become a sought-after solution. Our staff, with years of. plan checking experience, have assisted cities in recovering from deficits_ .and min rnize the, impact of fluctuating workloads. To the best of our'ability,.Project'Parthers.will provide and fulfill:all services requested in the - Scope of Work stated in the, RFP. Why Select Project, Partners Though there is a multitude of reasons why Project Partners is the right choice for the City, below are four key reasons and their related benefits: Long Proven Record Providing of Exact Service Sought by Santa Ana — No other firm comes close to'Project Partners' record of providing Engineering Staff and Project Management. Support ,Services to Southern California's. public=sector agencies. Project Partners was founded specifically to provide this exact service and has been successfully doing so for over 20 years. This fact has led.us to'be'the firm of choice for numerous public agencies throughout'Southern California, This is explained in greater detail in section 3. Public Sector Staff Augmentation Experts — For the City to effectively utilize on -site consultant staff, compliance with public sector labor laws, particularly as they apply to the California PublicEmployees' Retirement System (CaIPERS), is critical. Project Partners is a public -sector staff augmentation expert and has specific programs and procedures specifically designed to keep public sector agencies, like the City of Santa Ana, safe and in compliance with California labor laws. This is further detail explained in Section 2. Proven Record of Providing High Quality Public Works Professionals — With over 20 years of experience in providing highly qualified public works staff to almost every major Public Section A, Page.2 25F-21 All FProject `�- Partners $4 C/TYOFSA1VTAANA PROPOSAL. FOR ENGINEERING, TECHNICAL AND A D M I 14STRATI VE SERVICES Works organization in Southern.California, Project Partners is absolutely the ideal partner for the City. Further detail explained in Section 3. Long Proven Track record with the City of Santa Ana — Project Partners has an almost two - decade long track record of working with the City. Over the years, we'have assisted in the completion of numerous water and public works projects and help minimize the impacts of ,Workload fluctuations. Bonus Benefit- Project Partners has Caltrans approved billing rates. We realize this criteria ,was not requested by the City for this proposal, but understand the City does have Caltrans funded projects. Should the City need assistance on any of these State or Federally funded projects, Project Partners' approved billing rates will allow the City access fo our staff resources.. 'The Project Partners' Team Fundamental to being a successful long-term partner with the City is our strong.organizational structure and 'key team members. Our organizationIs on a two-part structure, with our principal engineer as the City's designated Contact and supported by our Administrative Team. Principal Contact — Mr. Klmo Look 'Project Partners is pleased to designate Mr. Kimo Look as the Principal Contact for this contract.. He is the founder of Project Partners and a professional cMI engineerWith extensive experience, in a wide range of civil engineering projects. Several advantages he brings to this contract are: Authority to Immediately Resolve a Problem - Mr. Kimo Look is the principal.and owner of Project Partners. He has the authority to make all decisions involving contract and the company affairs. This authority enhances development' and implementation of quick and creative solutions, increasing the efficiency of the'entire project. Understands Technical Needs of Public Sector Engineering Positions. As a professional engineer who has worked on numerous public projects and in various capacities, Mr. Look is very familiar with the challenges and issues that occur while implementing projects. He has a keen understanding of the technical and non -technical skill sets to select -the right professional for.our organization. 'Section 1, Page 3 25F-22 1 ca7 oFSANTAANA Project PROPOSALFDRENGINEERING, TECHNICAL AND ADMINSTRATIVESERVICES Partners Principal'Contact Availability The City of Santa Ana is a valued client and thus our Principal Contact, Kinio Look, will be available and of service at all times. If for some unexpected reason our Principal.Coniact is not Teachable, our administrative team will be his backup. Principle Contact Information Mr. Kimo Look • Principal Project Partners, Inc. 23195 La Cadena Dr., Suite 101 Laguna Hills, CA. 92653 P — 949-852-9300 F- 949-852-9322 Email— klook@projectpartners.com Administrative Support Team Our Principle Contact is supported by a team of highly experience_ professionals with.decades of experience workingwith technical resources W public sector organizations. Director of Operations — Ms. Markiva Raissdana. Ms. Raissdana has over 35 years of professional experience in the staffing Industry. As manager of the overall internal operations, she brings a wealth of experience to all administrative functions for staff management issues, accurate and comprehensive invoices / reports, MR oversight, and liaisons with Project Partners Legal Teams. She leaas.a team of support staff under her to, accomplish these duties. Operations Manager -'Ms: Atousa Johnson. Ms. Johnson has almost two decades of experience in providing staff augmentation and -consultative services to California public sector organizations. Ms. Johnson was. key in identifying key talent and then remotely managing them effectively. Section 1, Page 4 25F-23 i Project OTYOFSANTAANA 4640 Partners PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINSTRATIVE SERVICES 1.5 Project Partners Organization Chart The following Is an organization chart that displays the internal framework of Project Partners. Client Services Kimo Look Principal & ,CEO Doug Johnson Director of Client Services L4Staff Management',, Marklya Raissdana Director of Operations ' Atousa Johnson Operations Manager 1.6 Contract Agreement Statement Project Partners concurs with the entirety of the Agreement attached in the RFP under Attachment 2 in the Appendix. Section 1, Page 5 25F-24 Project Partners Section 2 iding of Needs 25F-25 �. V Pr'O%eCt CITY OF SANTA ANA PROPOSAL FOR ENGINEERING, TECHNICAL AND ADM INSTRATIVE SERVICES �' Partners Understanding of Needs'; 2.1 Understanding the City's Project Needs Project Partners understands that the City is seeking engineering support services to help the Public Works Agency to Increase the number of projects completed. Support is being sought specifically in the areas of Design, Construction Management, Plan Check, Project Management, and Inspection. We understand the City has increased workloads and reduced staff caused in part by the retirement of "baby boomers" combined with the ongoing pension crisis. This has made it difficult for the City (and other public sectors agencies) to hire staff at levels that match current workload. Our understanding of these challenges has helped shaped our business model, to provide public agencies relief by providing engineering technical support to assist in getting more projects done. 2.2 Our Approach As mentioned in previous sections, our goal is to provide the City with highly qualified engineering professionals at a cost-efficient rate and remain CalPERS compliant. We strive for efficiency through simplicity. Project Partners approach is based on three fundamental components. • Compliance with Labor Laws —Public Sector Staff Augmentation Experts • High Quality Staff Dedicated — True Engineering Professionals to tackle projects • Cost Effective Billing Rates - Rates a Fraction of Traditional Consultant Rates All of these are explained is the following sections. Section 2, Page 1 25F-26 CITY OF SANTA ANA p Project PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINSTRATIVE SERVICES y' Partners 2.3 Public Sector Staff Augmentation Experts Today's environment has changed. Merely providing good staff is no longer sufficient. Compliance with labor laws is critical. To be compliant with CalPERS laws and to be protected from CaIPERS penalties, the City needs to select a firm that has expertise in providing contract staff to public sector organizations. Project Partners is that firm. Merely providing good staff is no longer sufficient. Compliance with labor laws is critical. There is no .doubt that we are public sector staff augmentation experts. Throughout our 20-year history, we have been worked closely with top legal firms to understand the complexities of California pension law and develop workable solutions for our clients. We have developed the know-how to legally work within the laws to allow our clients to have flexible staff solutions the need to move projects forward. From the many webinars we have hosted to the talks given to the seminars led, Project Partners is no doubt public sector staff augmentation experts. Selecting Project Partners would allow the City to have a flexible staff solution it wants. 2.4 CalPERS Compliance is CRITICAL We believe the City 'understands that compliance with CaIPERS related Labor Laws is critical. Project Partners knows how to achieve and maintain compliance with contract staff in public sector organizations. We have developed a comprehensive operational system that helps us keep our staff and our clients in compliance with state and federal labor and pension laws. Key components of this system are presented below: Understanding the Law. Project Partners understands the multitude of complex public - sector labor laws that relate to public sector contract staffing. We not only understand the laws, but we realize they are dynamic and we aggressively track them to monitor changes and legal interpretations. Comprehensive Processes and Procedures. Together with several Southern California labor law firms, we have developed comprehensive processes and procedures for having contract staff in public sector organizations. These thorough operations not only keep our contract staff in compliance with labor laws but help guide the actions of our clients to keep them in Section 2, Page 2 25F-27 E Project Partners 2.5 2.6 compliance as well. CITY OF SANTA ANA PROPOSAL FOR ENGINEERING, TECHNICAL AND ADM INSTRATIVE SERVICES Careful and Complete Documentation. To be in compliance with labor laws is not enough. One has to prove compliance, and proof comes through careful and complete documentation. Within our operational processes and procedures, we have systems that automatically identify and document key proof of how our "staff is in compliance with labor laws. Equally important, our documentation processes also identify the specific areas our clients, our public agency partners, are in compliance with as well. This combined documentation partnership gives the public -sector agencies the evidence they need to be successful during CaIPERS audits. Providing High Quality Engineering Professionals There is no doubt that Project Partners has outstanding staff. They are engineering professionals who can hit the ground running, solving the City's needs. Our abilities to. provide high quality professionals is clearly demonstrated by the fact that over 80%of our clients return to us again and again. This speaks volumes of the quality'of our staff and our ability to deliver. We believe, like our other clients, the City will clearly see the top-quality talent they need to get their projects done. Providing Cost Effective Billing Rates With 80% of our clients returning to us again and again, it speaks volumes as to the quality of our staff. Cost savings is one of the key areas where Project Partners excels. Not only do we have excellent Project Management staff, but an outstanding cost-effective approach as well. Bill Rates a Fraction of Our firm is specifically designed to provide Project Consulting Management services, allowing our business model to provide Firm Rates cost effective opportunities. We operate differently from most consulting firms because we have a very efficient and focused operation, and therefore have substantially reduced overhead costs. Oursuccess is seen in our rates; thus, we are able to pass these considerable savings along to our clients. The bottom line is our clients get more projects done for less cost. Section 2, Page 3 25F-28 k CITY OF SANTA ANA Project PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINSTRATIVE SERVICES Partners Table 1: Project Partners Billing Rates vs. Other Consultant Rates Cost Effective Solutions Project Partners Billing Rates Are A Fraction of Other Consultant's Rates $150 A $100 i m $50 $0 I 1 1c),- .O Staff Project Senior Engineer Manager Project Manager 2.7 How Our Approach Benefits the City's Needs Project Partners is the right solution for the City. We understand the City's staffing needs and we know to solve them. We understand how to deliver on -site engineering support and be in compliance with CaIPERS labor law. No other firm can provide the quality of staff with low rates and be in compliance with CaIPERS. That is why we are the right firm for the City. section 2. Page 4 25F-29 <, :•\ Project Partners Section 3 xperiences & References 25F-30 3.1 011K CITY OF SANTA ANA Project PROPOSAL FOR ENGINEERING, TECHNICAL AN D ADMINSTRATIVE SUPPORT SERVICES +D; Partners Relevant,Pr oject:Experience3 5.& References Similar Public Works Experience We are the ideal firm for the City. Project Partners has an extended history of providing a wide range of Public Works staff support to municipalities. Services we have provided in the past include: Project Management, Construction Management, Plan Check, Inspection and various other administrative and technical resources. Our operating methods have allowed us to work very closely with our clients, to the degree that we are an extension of their staff. This provides our clients with close communication and excellent coordination that results in projects not only being successfully completed on'time and under budget, but also meeting the goals and specifications set .by our clients. The unique combination of low bill rates, understanding pension laws, and high -quality staff makes Project Partners the go -to firm for many cities. That is why 80% of our clients are repeat clients. Our references are willing testify to the high quality of our staff and the cost- effective solutions we bring. Project Partners is so confident in our services and reputation, we are not only providing three representative project summaries, but also providing an overview of six additional references. All of these references are willing to testify to the high quality of our staff and the cost-effective solutions we bring. Proven"History Working with the City of Santa Ana Project Partners has an almost two -decade long history of working with the City of Santa Ana. Our relationship began in 2001 with our staff providing sidewalk assessment and street design services. Since then we have assisted the City in a multitude of areas including development services, traffic engineering, CIP design, NPDES programs, and water systems improvements. Currently, we have several staff assisting with water utilities support, parking permit and front countersupport, traffic engineering support, and administrative support. Section 3. Page 1 25F-31 % Project CITY OFSANTAANA `t'' Partners PROPOSAL FOR ENGINEERING, TECHN[CAL AND ADMINSTRATIVE SUPPORT SERVICES 3.3 Three Project Summaries As mentioned above, we are confident in our ability and business as we have provided this exact service to many municipalities throughout the region. In this section, we will provide three project summaries with references. These summaries briefly overview the services we provided and the staff we had on this project. Project Partners played a crucial role in completing multiple projects and helping our clients meet their department set goals. These projects reflect on our ability to provide a cost-effective solution to address peak workload issues. City of El Monte As a small city, the City of El Monte has a sinallerengineering department. As a result, it feels the impacts of engineering workload fluctuations on its department. Having responsibilities in both water and public works the city needed help. Project Partners was brought in to due to our proven staff and cost effective. bill rates. We immediately tackled several key projects including major transportation projects that included City Wide Street Resurfacing & Reconstruction, several Safe Route to School projects, Groundwater Mitigation Operable Unit implentation, maintance department large equipment purchases, and other Water Utility Department projects. Our economical solutions allowed the City to cost effectively undertake and complete more projects. Services Provided to the City Public Works Engineering Services • CIP Project Management ■ Scoping and Budget Development • RFQ/RFP Development Design Consultant Coordination • Contract Management • CIP Construction Management • Field Inspection ■ Change Order Management • Review/Process Contractor Payments r Project Closeout Water Utility Support Services Water Operations Management Support • Quarterly/Annually Water Quality Report Submission • Safety Training Program Development Water MaintenanceProject Operations Water Operator Support Section 3, Page 2 Braden Yu Engineering Manager 11333 Valley Blvd EI Monte. CA (626) 580.2001 BYu@elmonteca.gov Project Partners Staff Assigned Water Utilities Department ➢ Sr. WaterUltililyManager ➢ Sr. Water Superintendent ➢ Senior Water Operator Public Works Department ➢ City Engineer ➢ .CIP Engineer ➢ CIP Construction. Manager ➢ Constructionlnspector 25F-32 Ot Project Partners aTYOFSANTAMA PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINSTRATIVE SUPPORT SERVICES City of Ontario Project Partners has been serving the City of Ontario since 2001. As one of thr largest and most dynamic cities in the Inland Empire, they had significant project tasked to complete. Because .of this, they clearly felt the fluctuation of Public Works workloads and understood the need to reduce the impact on City staff. As a solution, Ontario hired Project Partners to provide a variety engineering services and staff to both the Municipal Utilities and Engineering departments to provide a better workload balance, a solution that exceeded expectations in all aspects. Project Partners successfully completed a number of key projects. As a result, the Cit, was able to meet all of theirgoals under their intended budgets and deadline_. Services Provided to the Citv Public Works Engineering Services • CIP Construction Management Field Inspection Change Order Management • Review/Process Contractor Payments • Project Closeout • CIP Construction Inspection ■ Field Inspection • Change Order Management • Review/Process Contractor Payments ■ Project Closeout Water Utility Support Services • CIP Construction Management • Field Inspection • Change Order Management • Review/Process Contractor Payments • Project Closeout • Water Planning Service ■ Water Supply Evaluation Masterplan Development and Maintenance ■ Water Use/Drought Management ■ Treatment Process' Assessment • Water Systems Plan Review ■ Review and Redline Development Plans • Hydraulic Report Evaluation • Interdepartmental Plan;ReviewCoordination • Grant Administration • Grant Application Research and Writing ■ Grant Compliance Management and Reporting Section 3, Page 3 Scott Burton Director of Public Works 1425 S. Bon View Avenue Ontario, CA (909)395-2682 sburton@ci.ontario.ca.us Protect Partner Positions Provided Water Department ➢ Senior Water Project Manager ➢ Water Project Engineer ➢ Construction Inspector Pretreatment Inspector Public Works ➢ Senior CIP Engineer ➢ Engineering Technician ➢ Construction Inspector 25F-33 44 Project Partners City of Anaheim CITYOFSANTAANA PROPOSAL FOR'ENGI N EERING, TECHNICAL AND ADMINSTRATIVE SUPPORT SERVICES Like most cities, Anaheim was hit by the converging factors of reduced engineering staff from retirements and hiring restrictions from pension concerns. To address Public Works and Water Utility needs, Anaheim turned to, Project Partners to provide PM/CM and other Civil Engineering Services'. With bill rates a fraction of most consultants, Project Partners supported multiple areas within both departments as shown below. This winning combination proved highly.effective and allowed the City to continue to efficiently meet its project completion commitments easily within its designated budget. Services Provided to the City Public Works.Engineering Services OF Project Management • Scoping and Budget Development ■ RFQ/ RFP Development • 'Design Consultant Coordination ■ Contract Management CIP Construction Management • Field Inspection • Change Order Management • Review / Process Contractor Payments Project Closeout General Civil Engineering Services • DevelopmentPermit /Counter Support ■ Building Permit Processing and Issuance Plan Review and Inspection Records Maintenance and Filing r On -Site Public Works Check Service • Review and Redline Development Plans • Code Interpretations % Develop Inquiry Response Interdepartmental Coordination • Real Estate Project Management • Right of Way Activity Management • Schedule and Communication Management Water Utility Support Services • Water Planning Service • Water Supply Evaluation • Masterplan Development and Maintenance • Water Use / Drought Management • Treatment Process Assessment • Water Systems Plan Review Review and Redline Development Plans • Hydraulic Report Evaluation ■ Interdepartmental Plan Review Coordination Section 3, Page 4 Rudy Emami Director of Public Works 200 South Anaheim Blvd Anaheim. CA (714)765-5065 REmami@anaheim:net Protect Partners Staff Assigned Water Utilities Department ➢ Sr. Water Planning Engineer ➢ Sr. Water CIP Project Manager ➢ Water Plan Check Engineer ➢ Water Construction Inspection Water Conservation Technician Public Works Department ➢ Senior CIP Project Manager ➢ CIP Construction Manager ➢ Traffic Plan Check Engineer ➢ Development Plan Checkers ➢ Engineering Technician ➢ Real Property Analysts 25F-34 AM - Project Partners 3.4 References OTY OFSANTA ANA PROPOSAL FOR ENGINEERING, TECHNICAL AND ADIVINSTRATIVESUPPORT SERVICES No other firm comes close to Project Partner's record of assisting Southern California's public agencies address workload fluctuations. We were founded specifically to provide this exact service and have done so successfully for over 20 years. In addition to the three project summaries, we, are also including and additional list of references. .As mentioned,.all our references can easily attest to the quality of our engineering staff and our ability to get projects done. Contact Name /Address / Organization Professional Services Provided Phone City of Oceanside •CIP Project Management Cari Dale • CIP Construction Management 'Director of Water Utilities 300 N. Coast Highway • Water Planning Service (760) 435-5827 Oceanside, CA • Water Systems Plan Review. CDale@cLoceanside.ca.us • Building'& Safety Inspection City of Newport Beach : CIP Project Management Mark•Vukojevio • CIP Construction Management Deputy PW Dir/City Engineer 100 Civic Center Drive • Project Coordination (949) 644-3319 Newport, CA CIP Construction Inspection mvukojeAc@newportbeachca.gov City.of Pico Rivera. CIP Project Management • CIP Construction Management Maria Camillo 6615 S. Passons Blvd • Water Systems Plan Review Acting Public Works Director Pico Rivera, CA Water Operations Support (562) 801-4343 • Water Conservation Program mcardII6@pico-dvera.org Support City of San Gabriel CIP Project Management Algis Marciuska • CIP Construction Management Principal Engineer 416 West McGroarty St • On -Site Public Works Check Service (626) 308-2825 x4202 San Gabriel, CA . Development Permit / Counter amarciuska@sgch.org Support. City of San Juan Capistrano . CIP Project,Management Eric Bauman • CIP Construction Management Engineering Manager 32400 Paseo Adelanto: . Water Systems Plan Review 949-487-4312 San Juan Capistrano, CA Water Operation Management ebauman@sanjuancapistrano.org Section 3, Page 5 25F-35 0 Project Partners artners Appendix A Certifications 25F-36 Appendix ATTACHMENT 3-1: NON -.COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section I U mid Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that -the bid is genuiue,and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or, anyone'else to put in a sham bid,.or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by .agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to%fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the. contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged_ information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid "depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed 'State of California - County of CeANG1 Subscribed and sworn to (or affirmed) before me on this day of 21Y9 by to me on the basis.of satisfactory evidence to be the person($) who appeared MICHAEL CARON Notary Public •.California r " Orange County +r , , Commission 2159225 - My Comm. Expires Aug 2, 2020 Notary Public Seale}° tv ,{ 25F-37 Appendix ATTACHMENT 312: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l . No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making. of any federal loan, the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment, or modification of any federal contact, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid'or will bepaid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to rile the required certification shall be subject to a civil penalty of not less than $10,000 and not more Ihnn $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. 'Finn Signed and Printed Naine: Title Date 6., 5-41 K. City'of Santa Ana RFP Page A3-2 25F-38 Appendix . ATTACHMENT 3-3t NON-DISCRIMIIVATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice, in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts pr federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 25F-39 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions For noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of llie United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition,.marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: y Title: Firm:_, 1 ^i�✓5• YXJG. Date: (; S I q City of Santa Ana RFP Page A3-4 25F-40 EXHIBIT B �wl 25F-42 EXHIBIT 3 AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL; AND ADMINISTRATIVE:SUPPORT SERVICES FOR'PUBL'IC,WORKS PROJECTS' THIS:AGREEMENT,is inade and entered. into this 16th<dayof-'Julyen - 2019'by'and' betwe Interwest Consulting :Group, Inc ("Consultant" ), and th6�City bf.Santa.Afia, a 6harter:8ityand municipal corporation organized and existing_ under the Constitution and laws:of the, Stafe of ' Califoiriia'("City")., T RECTI•ALS A. On May 30, 2019,.the- City issued Request for Proposal No.:19-045,`by Which it sought a consultant t6provide engineering, -technical,: and'administrative,sgppoft .services on an as needed:basis _for the i"MWi.Public Works Agency.. B. '.Consultant submitted a responsive,proposal that Was among those selected bythe City. Consutant represents that it, is able.and Willing to provide th_e,services described�in the scope o£work that was included u RFP No. 19m*,and addendum tfiereto.. C: in undeitakin' t- eperformance,of this Agreement; Consultant represents that t_is knowledgeable in its field acid that any services perforined by`.Consultant under this§ Agreement willbeperfohned in compliance with such standards as'tnayreasonably be ezpecfed'from a professignal;contracting fu'm:in the f eld. NOW THEREFORE; in consideration of themutual and respective'promises, and_ ,subject to -.the terms and conditions hereinafter set _forth, theParties agree:as follows: 1. SCOPE OF SERVICES .On an as -needed basis, and at.the City's sole discretion, Consultant "shall perform the services,described in the scope.of,Work: that was included in RFP No, 19-045,arid addendum thereto, and as more specifidally delineaied in Consultant's.proposal, Which is attached as Exhibit A, and incorporated in full. 2.COMPENSATION. a. City neither wairants nor;guaraiitees any minimum on maximum compensation to. Consultant under this Agreement: -Consultant shall be paid only for actual services performed under t}iis.Agreement-atthe rates :and charges identified in:Exhibit'B:, Consultant is. one of several, consultants selected"to provide.services on an.5s= needed Basis under RFP No. I9=045. The aotal'compensation'for servicesprovided by all consultants selected ,under RFP 'No:-19-045 shall .not' exceed lthe shared aggregate aniount of $2,509,000 during the'term of, the.Agreeruent, including -any. extension,periods.. Page 1 of 8 25F-43 b. Payment by, City be, made withinnforty-five (45) days:following "receipt of proper invoice evidencing work ;performed, subject i'o'City'accouhtingprocedures, Payment need not, .lie" made for, 'work, which fails ;to meet ilia sfaridar3s of performance set forth in the Ree_ itals and Scope of Work; which may reasonablybe expected by City:. TERM, This Agreement shall commence on the date fnif written above ind•terniinate on July 15, 2022, unless terminatedearlier in accordance with Section 39, below:. The term of thisAgreement maybe"extanded fof one_ 2:yearpenod"upon.a writing ezecutedby;tlie City'Manageriand.City ..Attorney. •4. PREVAiQnROVAGES i Consultant is aware of -the reguirements;of Cal ifori ia'Labdr'Code Section,1720, et seo:; Arid 1770, .et seq., as well •as 'Califoriit1.a Code :of Regulations; Title 8; Sechon 16000; et"seq.; ("Prevailing 'Wage Laws`% A#h regdire the payriieiit of preVfpling wage• .rates and the; performance of other requirements on. `)iublic.works" and " cnainteriance" projects.• -If the services. being performed are part of an applicable "public works" or "maintenance'.project ,as defined by •tha Prevailig "Wage: Laws; and the total compensation is $1;000 of more; Consultant agrees to fully.comply with such Prevailing Wage Laws. Consultant shall defend; indemnify and hold the City, its elected officials, officers, employees and agents.:&ee and barmless'from any claim or liability 'arising out of anyfailure or alleged failure to comply with the.Prevailiiig•WageLaw's.. 15. INDEPENDENT CONTRACTAR Consultant shall, :daring .the ,enfire :teen :of this Agreement, be•:construed'to ;be .an ,independent eontractor.and not an employee of the City This'Agreement.is not intended nor shall it be construed to create an employer-ernployee relationship,, a jotntwenture relationship, of..to, allow the :City to exercise discretion or control"over-thd professional-iiianner in whieh.Consultant' performs the services Which are the subject matter of this Agreement; however, .the services to be. provided by'Consul tint . shall be provided in a manner consrstent,with all applicable standards and regulations governing such services: Consultant shall pay all•salaries and wages; employer's social security taxes, .unemployment insurance and similar taxes relating to employees • aiid shall be. responsible'forall'applicablewhthboldih -taxes. 6:- OWNERSHIP, OF MATERIALS This Agreement creates a non-exclusive and perpe(441 lieense,.for City ,to copy, .use, modify; reuse; .or sublicense .any and :all copyrights, designs, :and_ ,other "intellectaal property embodied inplans;=spedifications, studies, drawings; estimates;:and other. doc_ uments or: works of authorshb) (fixed irii any tangible medium, of expression, including but not linrited .to, •physical drawings or data magnetically or otherwise recorded -on compirtendiskettes, which arepre-pared•o'r caused to.,b0 prepared.bI Co-nsultant -under this Agreement':(" Docuinenfs &Data''•). Consultant shall'require" all siilioon§ultants to agree -in writing, that City is :granted anon -exclusive,' and. Pagel of 8 25F-44 Itant pre�ares -under this Agreement perpetual' license fdr an D6cumbhts &,DdtA the subconsu e6psultad -ri�ppdsents - and warrants - that. Coiisuitant:!bas the. legal 'right'fb , licdfise,any and all D66utnerit* &-,Data; e :Consultant makes no such representation.and wartahtyJA -regard to _Doburvients *&': Data which - were . li . iovided'to Consultant -by'thCity.. . cAy �11all-ript,be4iii-ted in I �hy .way I in it . s-usebfth e Do . curneds arid Data at at any th . nepro vided - .: -9Videj that any-suchise hot within, the Ouip6§es intended by,tbi§ Agx6emefit shall -be at Mrs sole. risk: 'I. INSURANCE Prior to undeftaking perforrhance of work under this Agreement; :Consultant_ shall maintain -dhd shall require its'subc6tistiltants, if any, to -obtain -arid maintain -insurance. as d0cribedbeloW: a. commercial General Liability Insurance: CdrisuItarit shall inaintaiii commercial g6fierdl likbility insurance namin.g.ffie,Cjtyjts;officersj employees, :agents, ,volunteers and revr6sent6tiv&g asadditionalinsureds) and shall'include, but not belimit-ed-totr6te6t6fa'.gainst&laims-aiisirg-ftgm-boditYafidp6rs6ndllnJUylil including death resulting therefrom and damage t property; any actor occurrencearisingout of Cohsulfant's�op6ratioiis-iri the performance of.titis AgreerAgnt,'including, without-lintitatioh, acw:involvinia,vehields. Thd4inobfits. of insurance shall ben6i•less,thatiihe*folloWiiap-- single limit coverage appl . ying!to bodily and personal iiijiu-yi.ih6lilding,death 'i&'ii,�ting thefe�&ifi and ty.- proper damage; in the'totdl amount ofSI 000;000,per. occurrence, with -$2,bO6,,060, in the aggregate, Such insurance shall. (a) naive tfikity, its officers; employees, agents, volunteers and representatives as additional hisiargd(s); (b).be,,primary With. respect to insurance or s6lf-Itkorance programs gr maintained City;.arid.(c), anis mainta n p ,contain standard separation of insureds provisions.. h business qutomobii6 liability insurafice,,or equiyalen(forrh With,a corfibined'sifigle limit of not less than $1;009,0007per .o - 6 - cu, irefice. Stith I insurance- . . .- shall - . include; co,yera$F for owned, hiredandmon.-owildd "automobiles. c. Workerls.Coinpematibfi Insurance. accordance wi with the California Labor Code, as any employees, is - r&paired to be insured Consultant, if Consultant hagainst; liability -for -Worker's cotpb*.fiofi or to undertake -self insurance. Prior to commencing dib perfikinahce ofthewbrk under this A emeiit� Consultant Agreement; agrees to obtaitiand maintain any employer's liabiliVinsurance with limits not less_ than $1;000,600 per Accident. d. 'If-Cdrisultantis or employs a licefisedprdfessi6nal such as an g6hitettrofen gineer: ,Professional liability (errors rand omissions) insurance, with atombined single. limit of notless than $1,000 006 with per $i,000,000in the aggregate. G; The -following requirements h be provided by Consultant quirement apply t6 t &bsurhnc6 to .,Pursuant tolhis section:' (i) Consultant sball maintain all insbr-,ifiJd6_r6quir6d above in Tu11 force and effect fo . r theentire period .covered b.ythus Agreement. N& 3id � 25F-45 (ii) Certificates of insurance shall be furnished I u d tof-the.Cityupbn execution'.0f this. Agpdalent and shall be ai)vr66d by the City; es . hall state thdCtM p611olcs%sha[Niotbe cancelled Certificates and.:vo lici a or reduced in coverage :or changed in .any -other' material aspect,' by T , I consultant, without thaw (3 -0) dhys,pfioi - Written notice. - to - the',City . supply , Y with -ecut6, (iv), Consultant shall s City wi a d'ddditiohal' insured qIdqr*mefi4. .If c"olisu-Itaht'failsoitefus-es'toproduce oi�iiaAin6su inthe'inranc'erequir6dbyiiiis section i on, or fails s or re firs.es, to Airn i § h, the City with required ­ - proof that filsurailc6 has , Been produrcd and d is in force and paid for, theCity.shall have th6 right, at the'City"s el6ction,6 fbithWifli terminate Agreement. 'Such fennini te this fidlalliAnot�iiffect P? - — - - - - . Cofistiltant'sright -to:be paid for its time and materials expended viiof to notification of ter'll ination. -Cohsu]ltanfwaive-s the right'to4ecei Ve'cofhpcftsati6-n and agree�s Io J Q .!-.� �,., indeudhify-the,City for :anyworkapproval-insurance'by the p(*fbrm6d prior to ot - City. X IXDEivWMCATION; ,Consultant agrees, to defeiii4l and shall indemnify and hold _harm fess the 0t , it .Y, its officers,, ,agents, crupIdyces,,colisultEftits, special counsel, and represedikivesfrom halilit injury; damages; t oiit of claims for ges, just compensation, restitution, judicial or bdditabld relief drisih� personal 'mIJ` 1-d— r injury, 'including in &dth, and g which rnay.aAse from the s fo - pTopq1Iy'4qqia e, negligent op(�ritiofis.6f'tlie,CdfisultAKt or its §ubcohsultdfits,.agepiq 6filploye6,s,.or otherpersons ddtmgorfi theli behalf .whioli relates -io,tb&services described in section l.ofthis.Agreement;-and' frbin. any -claith. that p6rsbrial. injury, A doinp6ds6tion,,restituflon Judicial or. -_.y, ainages, just equitable relief is due l�y reason of the terns of or effects arisifik from this ]kgreernek '-This- qu - * �l - " I 6Aeninit,Y,,aftd' hold Mmiless a s agreement app ies- to All clainis ',for damage i restitution, judicial or equitable relief'suffered, or allepq to have been suffered,byxe'a-son ofilie- ev6i :events to , fif thi , S�,Scciiofi or by reason of,the` termsof, or effects, arising � from this. Agreement- The Q6ftsidtarit further agrees to indemnify,. hold kwuil_ess and pay all.costs for the -defense of tile'City; irclu4irig --fe.es.arid costs forspecial counsel to . be sclRt6d by the - qity, regarding any --action by, a third pal ty.dluallc -the•va- ' 0 qging - lidity -f thisAgt - edinefit,.' of asserting that personal -injury, damages; compensation, restitution, judicial or equitable relief due to personal or property lights .dfiic-s:bV,±6-asoh, of.the terms of, or effects,arismg ftin this Agreement. City may make all reasonable decisions With respect to its -rqpres6fttatibn in any, legal ,KIo ce&di I lag. Notwithstanding the foregoing, to. the extent :Consultant's §ervic6s are subject Io. Civil,Co& -Section 2782.8. th6 above.iiid6lanity shall be limitbd,,.td the ex"tentreqdired by�Civil Qode,Sedtibn 782­:,8, to claiim- s •ifik"" arise , of, Pertain 'to, or relate to �.the n e-glig"eft6e',,recklessness; or Willful misconduct of flie.C.ofikhant. 9. INTELLECTUAL PROPERTY INDEANMeATION Consultant sh.All defend, indeinnify and,liold harinless the City, its ofticersi,agehis, representativ6s,.and,efnploy99s.againsf anydfid 411 liability; clud ab i _n ing-,co-sts., and:aft6rfiey's fees. Page 4 of 9, 25F-46 f6rhihingement of any United States' letters patefit,,tradeniark' or copyright contained in thewoik, product pF'documents provided by Consultant. Co tant . to the City pursuant to this Agreemeut. , .110. AECO''R65- i.A W ;Consultant, shall keep records and irNioides in connection ththe. 6,rltobepedormed.'. under this Agree mient. Consultant shall maintain complete and adetirate rceor&withrespect.to the,costs incurred under this Agreement and any services, expenditures,, and disbursements charged to the City, for a minimumd bf,three (1) years, or any longer period're ' redby period qui to Consultiait - under this All such records and km�, from the date of final payment this invoices shall be.cledily identifiable. Comultan.t -shall- allow a representative of the City examine, audit; and make transcripts or copies of such records and ariyoth6f documents created ,Pursuant - to,this'Ag'reement during regulgi - �busindsshours. (dusultaht shall allow inspection of all' wofk,data, documents, proceedings, and activities related to thus Agreement fora period of three. :(3) years from the date of final.payingnt,to.Consul't'dnt.iind'de this Agreement.. ill., CONFIDENTIALITY DENTIALITY it Consultant receives 'irom the !City. -information which ,duelo the. nature of.such information is rea-sonablyunderstood to' be -confidential and/orprqprietary, qqpsultant,agrees that ,it shall not use -or disclose such -information except,in the-perf6frhapep of this-Agr,e&mefii,,and further agrees to exercise'the same degree of care'itu,ses to protect its own iriforinationbf like importance, but in no event less than reasonable'dare. "Confidential InfdrinAtibn" shall.include. all fionpubli& inibrrhati6fiJ26fifidential inf6i7ria6on includes -not only Written information, but also ifif6miation transf6rred orally, Visually; electronically, or by other means. •Confidential information '­dis_cksedto.eith�ipart_b y yany subsidiary and/or agent of the other,04qY16 covered by this Agreement. The foregoing obligations of non-use ihd nondisclosure shall not apply to any inkimidtioh that (a) has been disclosed uii)iib'licIVIavdilablesdiirceg; (b) is, through no fault ofthe possession 1onsultani'disclosed'in a publicly available sopr e-,(c) is in rightful l6o. toti ofthd Cofis*ultaiit without anobligation ofdonfiden 61ity�': (d),ii required to be, disclosed by operation of law or confidentiality; is"ind y d'_ .' oped by . the CoiisultatiO�itho�t ��f�icnde to.inforinatioh disclosed by the , .0qnd&nt1 developed 7 .City. 12; CONFLIbT,OF INTEREST CLAUSE e Consultant covenants that it presently.has nojfit&r6st�dfid. shall not have interests, director ifidirect-Whicli . would I conflict in a manner - w-Ith.performanceof"gervices specified und.enthis 11 NOTICE Apy.notiice, tender, demand; delivery, or; other communication pursuarit,to,this Agrgement shall - •"Ve in writing and shall be deemed. t . 69properly glve" . el' . - b d IV n of mailed by ..: if . . ered'in.perso first.class or certified inail, postage prepaid; or sent by fak 6f, other t6legiaphi6-communication in: the manner provided in this Section, to themfbflow-ing-persons: P�a&!5 qf'.8. 25F-47 To City: (Jerk.617t hetty i " - ,CQIincil City Sania Ana 20*fivic Center Plaza (M-3 "bo x 1 98 8 Saajta Ana, CA 92702-i098 Fax 71 Executive Director, Nblic Works Agency City;ofSanta Ana 20 Civicddtteipiazd' '-1- -2'1y ( P40.,Box'1988 Santa -Ana.. CA 0702, To Consultant ,interwe-st:Coiistli-ing Group', Inc.i5i 46Ttarigistor—Larie, Runtington,Beadh,,CA 92649 Attu: Terry Rodrigue,ft,'-f TE,'OiNner. &Presid-enii A, party may,change its •addiess by ivingfiotice'ihwritin . to the - er fter. 91 - - .,.-g-- - Thdii - ; any comrnumcgtion, shall be address�'and transmitted t6"th a new address;, If serf communication shall effective-- or deemed to -have been given three,-.6 'days after'it hasbeen d,ep4siW 'in the .United States mail, duly re&tered dr.,cert prepaid, - - certified, With, piostag� Prepal and ,addiess&d as set forth,above; if sent by fax, communication shall be offective,ondb6med to have been given t:w, e In- ty-'iqur-`(,24) hoiirs a- fter. the ti " s' me et'forth6nihe.tfaftsrfiisgioniep6rtissued byi�ie trafisrnittifia-facsimile ma6hirie', addressed is se-t forth above. I 'For purposes . of'c,a,lc-ulafih th6,s - Coufity oi'Cify holidaysshall e excluded. timeframes, W-dek6ndsI-.fed,&-rftl, statel. 14. EXCLUSMTYAND AMENDMENT This Agreement represents tl 16,601110lete and statement between an . Agreement I - I den- th6 City d Consultant iogdrdingthe slibject matter herein, and spp-qp'edes any and 411-othefagfeeinents,, oral or written, between the,partids; In the event of a conflict between the te - - dihis eci n I�qnj,ilnd any,attachme . 4 hereto, the terms of this Agreement shall prevail, This Agreement hiay.hbt be modified except by lOitten instrument signed by the Ciiy-and 'by an authorized representative of Consiiltant. 'The.. parties - agree that "te rms erms or condid6ris of any ,purchase ,order :or :other ifigtrurnerif that arejnc6n-sisteiitwith in -addition to, the,tertfis and couditionsIereo shall not hind or obligate "Consultant of the ,City; Each party tb.this-'Agf-ee-met'it-acknowledges Ahat.ho- rep'te-sontatibns,,i.ndtic.criidnts,pr-onu's-esorag,repmelits,orhllyorotherwise, have been made by any. party, or anyone acting.on b6balf of any party, which are not 6in 15. ASSIGNMENT' Inasmuch a-s1his-Agreement is intended to secure the•speciali .Con -zcdPseNice§.of C6fisill(aiit, sultant may not assign; transfer, del e, or subcontract air- interest herein Without, the pti- egat , _ or,subcontract � y or written consent of fh6'Ci.ty dfi such h assgftm . - - Y6i — , _ ent, trdnsftT, delegation on subco.ntrac.t iii.ithotit. Tage. , 6,of 8 25F-48 the City's pricirwritten consent shall be considered null and void. ;Nothing ifi ihisAgareement shall '136 construed trued to limit tht:,City's ability- to have any of the sdrvices*-hich are:thc subject to this Agrecffieqperfqnfied I by City pers6ftnei or'by other consultants retained b,V City. 14'. 'WAIVER. .No waiver of breach; failure of any condition, oTahyright or remedy contained -in. of ,granted tanted by the provisibris.of this Agreement shall be effective unless*it is in writing d signed g,an sign_ the party }vaiving the breach, failure, right or remedy No wad.yeio'fany,breEiebi.failure :i)rright, or reffie#- shall be deemed a Waiver of any other breach, fai ure,,fight or remedy; *Il6ih&f or not similar, nor shall any waiver constitute ii continuing waiver unless the.writing so specifies, 17.. TERMINATION ,iIiis Agreement maybe terrilinaiedby',the City bp6u,thi#y.( 30) days,wriften notice'of' teriuinatioh. Int sucliOent;'qonsultant shall be entitled to r6ceN6, and the City shall payCohsiiltant compensation for .Consultant 6h pe services performed by Co sultan' prior -to receipt .,of in notice of '.termination, subject to thefollowingconditions: .a. Asa condition of sucfi.oar­nen, the EkecutiVe Difectormay require Consultantto deliv6r to -the'Cify all Work product completed as of such date, and iiii. such case such workprQduct shall be e" the prqpetty.6f th.City --unless prohibited by law, and Consultant consents - to the Citys use thereof for slich:piirbbsiesas ilictity deems appropriate.. b.. Paynlefit need not be made f6r work Which fails to meet the_ standard of- performancespecifled in th6-Recita . I s.of this Agreement:. ,19. NON-:1)ISCREMINATION Corisultant.shali . not discriminate because of race; color, creed, relation; on, sex; maritalstatus, sexual ofierit'iitii6h, �age, national origin, igin, ancestry, or disabifity,;as defin6d and prohibited 'by applicable law, in the recruitment, s&ledfion, trainingzffli2atiqnpromotion, or 04q'emliloymerii related activities or in connection with 4iiy:activities under thus Agreement: tonsliltint , dffifnis thaf-it is an-equa . I. oplJo#ufiity employer and shall comply -with all applicablefed.er4l,,st4te,and local law's andregulatibris. 19. -KRISDICTION-VENUE This Agreement has been executed mid delivered in the State of California, and the validity, interpretation; performance, -and eriforcement.6f.any of the clauses,of this Agreement shall be determined'and governed by the laws of the State of California. Both parties .further agree that iforrtia,,shall be the VehiAdToir any actionbir proceeding edin ,Orange County, Cal that maybe brought g or arise out of. ,in connection with orby reason of this Aidement; pjjjeL 7of 8 25F-49 20., PROVESSIONALLICENSE& Consultant sltiiij 41ir6ughout. the terns - of this Agreenien ; maintain all. fie6essary licenses, censes, purinits,apppVals,waivcrs'an e�?;qnp onsnecpssar��f6�,&IiroAsi6i the services Hereunder P provision and TNuired'by the laws and regulations of &'brifted th6 State of and I - I .4te of California,,tal :,Santa Aria and ill offiergoverninental agencies. -Consultant shdll'h ' - City - otify, the iiifrh 6di it ,in writing of its 'milidity:to' obtain or q�y and m.ainfain-such-T)eiini.ts.-I.iceiis4 Approvals, waivers, and: pXeipptio s. :Sald inability shall be'caus.6' fi' '.bftdnOmdtioii.ofthisAgr6eme?it. 2i., MISCELLANEOUS PROVISIONS! Eachun4er§igneqreprese66 and warrants that - its signature herein below has the power,:duthb�-iyand:�ght.t."-b"d'thi iispe­ti -p�fti�s 'e- 9, p , ey; c V'eto aclidtheterms Us Agreeinent,',and s6h - Jndernnify'City fuiliy, injcludifi-g reasonable'''costs and atfofney?s'fees, for any injuries "r d 'to�CitYJA the event tFat juncs o amages 'su&.au6ority br.po*er"is not; m'facthdJd1by'the signatory or is withdrawn. �b. All exhibits referenced herein and attagliqd'hereto shall be incorporatedasiffully - get forth �i inebody of,this-Agreement: IN WITNESS WHEREOP,'the,parties'liereigbave executed ' - this Agrdement thd 6td'arid year'finst above* wriften. ATTFST;. Nanfia Mitre Acting Clerk of 66 Council APPROVED AST0'.F'Q'10'1 §6NIA"R.�6kRvAi4o. _ �. z , . �. , � Cit ,Att ' Y , .0mey By. 7&6 _M.Funk Assii6nt -City Aboiiiev RECOMMENDED F ORAPPROVAU Fuad & Smieiss,-PE,, PLS'- Eiecufivd Director Public Works.Agency 'C1TY'6F.'SANTA ANA Kristine Ridge .City-34anager CONSULTANT Name: rry-R d gue, PE, TE Title: President Page 8 4.9, 25F-50 'EXHIBITA, June l.A;2019 ke*afise 6Request f or Rr-OP6 S- a I'S'IfOr 'Engineering; Technical and Adminl-§trMlve* .0 uppo - rt.S.ervlite"sj RFP -,N'Oil9'- 046 Orq j(ioa— d fbf,the i -- .' City of :Santa Ana SAnta -AnaPOlic W.§rks-, A g- 9-nc- y 20:Civlc..Cdfiief "Plaza, Santd,An'qj'CA 9270-1! Attnl.-T��f§ Higgins; :PE Rr§j6dt'Manager By' Int -e'rweigt,-.CdnsLilti'ng-,G-r',o'up','In.c". Torry RbdHgde-'M'T.E Owp6r�[Presid-Orft 15140 Tr5risisf& Lahe Huhtipgton86a6h. CA 92649 trod rig ueigi6t6rwestgrp.*cdM, C'1'301549.7776.' 25F-51 TARLEOF'CONTENTS' ;Section -1 Statement of Qualifications ..; .... ........ ......... o's ......... a ...... 0. 'Cover Leiter; ....................................... ............. 6. ;Contract .A-qr-eaffi&ht-Statefnent..: ...... ....... ....... ............ 2 . . ..... ... 6. Rrrn &'Tadrn EioeHe--nce,.,.,; ..... i ....... .............. ............. :2 d. bndefgtafidliig,of Need ....... e: kelbVa-n'-t P­rojebt-'Ek-p-&rjeftce ....... m ........... .......... ............ .......... f. References .;;; ... .......... I ................ .............. A 0 'Section 2 — Scope of Services and Scfiedule:..::::::.:.:.::::.::::......::.:...:.:............... Section 3 Fee Proposal (submitted ynd6tco�seporata. covdr)..: ...... ....... 'Section 4 -Ceitifl6dijohs ........................... .......... a.sm ... .1.9 Attachment XV, Non-Collusi6h Affidavit Aiiachin.6hi'3-*2.;'N6n-Lobbying I ng.C- di-fifid'a"-fidn, .Attachmehi XZ, kon-Disc'n"Mi6ation.Certi I fi&aUbn :Apperidiz Resumes TIN il. T CONSULTING GROup 25F-52 SECTION.1 Statem.ent.of .Qualifications 'A. 'COVER LETTER' I-COT.ERWEST NSULTINGG GROUP.' ilune 13, 201.9 Citpof.Santa'Ana 20 Civic'Center Plaza 8gta,Ans, 0A'92701 i4ttn:,Talg Higgins; PE, (?rojsct:Manager RE: Response to-Repuest'for_ Proposals for Engineering, technigal:en_d Administrative, :SupportS''6Nlces, . PNoaIgw.045 Interwest Consulting Group is pleased to_presentthis proposal to the City'of Santa,Ana to, provide comprehensive.Engineering, Technical,,and Administrative,aeniices to theCliy'9.Pu6hc Works: Agency. lnterpvest providesahese same eerwces to public iagencles throughout California, and we: currently provide the City With Civil,. Construction; and Traffic'Engineenng-Services We look :fohkaid to the opp6lt4'Miy to continue" serving your community and'cultivating our relationship with" the City of Santa Ana. We"have reviewed the RFP, Addendum No: 1 dated June 7,'2019,� and the answers to questions. posted.on-PlanetBids.dated 06/11/1p,'Our proposal has been crafted and sdbfnitted,"for.the purpose of demonstratinur g'oability and Intent"to provide the services outlined. We�are. large 'enough over 400 employees to_ serve all of your puiik works needs, yet small enough to. ensure that we maintain`focus'and- are responsive to the needs of the Clty. .INe currentiy�serve. over 100 cibes,.countles,and'staie agencies including the municipalities of Costa Mesa; Newport. Beach, Anaheim, San.Juan`Capistrano,,and Yor6a Linda,just o name a few: I will serve as the CitVs.PrindlpiI4n-Charge.and George,Alvaraz, PE, TEAwill serve,as Project Manager for this engagement. I am an authorized representative of lnterWest Consulting Group, able to'blhd the;firm,to aibcommliments"made'in this proposal. 0ur contact mforrriation is'belowi Terry Rodrigue;'PE; TE George Alvarez, PE, TE 1540 Trans'rstot;Lane. 151401ransistor Lane HuntingtonBeaoii;'CA:92649 'Huntington Beach,'CA 92649 trodrigue@interwestgrp.com gaiVareidinterwestgrp.com. 0: 714.899.903611C; 303:549.7776: 0: 7'1 4:899:9039' l,C;'714 61:5:08133 We appreciate this,opportunity to present.our qualifications fo.the(City of Santa Ana, and we, look. forward to.further collaboration with"the.City.,'Please contact me tf you"have questions or concams: Sincerely„ Ter- Red I , PE, TE OwnerI•Pr iden. ni4DTAAk9xioRLANE vjj,UtmkI 16NBEACH;CA0 6Q9aT¢:714.B999D39owwwdnterwestgtpcoin 25F-53 B. CONTRACT.KGR-EiMENT-_ STATEMENT -.We have reviewed the terms and conditibris identified in 6 the -City's Rqqu st for Proposals and in the provided Sardpie 'A'jrd'6tn6n-tlhte'Ky'es't�C'6'nsultifig Group does 't propose — any . z66ptiofis'and would enter such agreerrment ifawarded a contract: ' noe C. FIRM &TEAM EXPERIENCE . , w. Fitifi Profile The -seamless integration of municipal'service professionals in zsi.ippo& 6f -public, ageh6ies; has - been piur. p"urp o-se-'s-1666 Ifiterwait doinsUffing droup: formed - in'20Z'Iniehk(�st was founded by Individ6ais with -,a. ;passion for serving municipalities, 'We 'b'urrenitjy_ .employ more than 466 employees t0anininig'a' multitude of disciplines Within: public.w6rkmand building,prid,safety, d6partmehtsthrodghout California.' We c_urrbhty'._ierve 6-V4-10b%ities c6_ - Unties and �state agencies, :including 'the nidnicipalities,bf I Costa Mesa,, Newport•Beach Anaheim, I . .'San ,-Jua . n Capistrano, , , 'and Yorba- Lihdajustloiname a- few. We . I Oro.-vide-.t-he f6-fl.o.w_in.gIservices t. ­cit­ie­s/counties: 0 q '0 0 0 6tion 1S) 'staff has held -senior and executiv,b.managerneht positions Within numer6ustaliforni - a citles� including the. titl6s 61.6ty'Enginebr; Pul oc�.,Workg' bir6ct6r"Tn4fic.En*glnee_r an'd c"the-r"well- seik'fied management pees6nnel. This depth' experience e-brings a high level of . expertise.ii - nd h - - 1 ­ - 6en§liIvA_ty towards coinrnufijt�_and special Ifite-r6st'gr6-6o'ls*s*d'es.�'We,v'�alLle-'the importance of a, focus t - h - at �r - eor�-seh-ts'the',in'terests.df'ou,r public ageri-by clients and reflects� positivelys6n Ahe. cqliehs-they se-rv6-. We furnish both technical excellendeand a thorough understanding of the regulatory process to -assist our clients .through the sometimes :daunting -do pldxitie associated With the 46livey of projects, ird�Oldrhdhtation of important public pro Pt .6 p grams,zhdac16 lomofsiOnifiaritpu6lic,policy. Pri fid 0. al, Agents Th-6 City's primary con tictforqu.est.16nstej6rdifigthi§proobsil6fid6hyreiulti6666hit6ct!6,T6rry dgqf�,, PE, TE; Terry, is the Owner and.0r6sident of I nit6kwak6onsd]66 'bmup, and he, isanallthodied,signee'and negotiator for thecompany. George Al!iarpi,,:PE, *1.I_. _..-. 'TE. . eAh&Ipr?j6dt- - an;i6er, responsible for the day-to-daymanagement of services provlded during thisengagement.ent. Their contact inforration folloWs. Terry.Rodrigue,'PE, TIE 1640 Trarisigtor Lan6 .Huntington Beach, ;CA 92649, Y6drigu_e@interwestgrp.com &.7114.899.9 . 036 1 C_: 363.549.7778 G66rid Alv6fez, PEJE 1.5146 Transistor Lane Hunt * ington Beach, , ,-CA. 92649 ga[varez@lnterWestgrp.com.. 0: 714,899z9030 I C; 714.615.0883 1 N-TERWE'ST I101`4SULT]N`6G.ROUP. Page 25F-54 X6.yPers'ohnel. One of the primary advantages to selecting Interwest to provide these seNices'Is the -depth -and' breadth of our profession - il Aso. , urceS. The •staff -merfibers'jisted in, thit,pirop - bs - al are -6 representative iar6l�le-fror ourlarger p I ool of local public works staff. this ekternslve pool of lo-call resources' 'provides. I Intefw6st%#iih both flexiblll� and the ability Wspals our se.r.vides,lasne . eded 6 meet t" I , -_ - .o mee any,qyqlical.demands'.i'Ke-,City. m6'y have Individually, the professionals s howcasedbelowenel in each, of their'bbck§rouhds.1'A§ a "team, the posiess',the abIlifyito- ihn6vatIV61y. create and implemefii reftediv6'solutions with -your y pap.-, aben6y and the community's Interests In mind. Pitcentage of availability for individuailstaff members will b6determined 'based',on'the7 timing and scale of spe6ific',pr6jects as asiign6d, The Project Manager and'supportind associates can be up.t6'1 00% available to the City, also subject to the timin t-w g an scale, of't a p�qj6c . a are dedicated _to'-ro IdIngF the City" of Santa,Anavith•adecivate staffing -throughout an ass - igh6d P . v - - I . .. - ­ . - .1 project's life to ensure timely And accurate services that meet or exceed the CIN's'dx6ectations. .Teiry Rodrigue, PE; TE P.RINCIPAL-IN. . CHARGE George Alvarez, PE, TE PROJ'ECT' MANAGER 1ENGINEERING PLAWO&wi nbik" TMANAGEMENT LUdy'SM66iS; PE. Karnran.Saberj*PE;QSD -gilk U0dyke,,0E Stidi Shoja,,PE Gary Miller, PE Mike Loving Thorn CoXigh.fan.,, PE tGaryNeal,iPLs Kevin. 1<0, Pg, Q SD ThAuic SERVICES Nicole Jules; PE Ruth SMIth, TI2,1PTP Andrew Y.1, PE, lrgPTOE ;Grecla Bahena 'Yvonne Soto PLAN REVIEW ENGINEER I PROJECT MANAGER !PLAN REVIEW ENGINEER] PROJECTMANAGER PLAN REVIEW ENGI . NEER.1 0R,bJtCTMA_NAGER PLAN REVIEW ENGINEER I.PROJECTMAN.A.0ER PLAN REVIEW ENGINEER I PROJECT, MANAGER STORM WATER QUALITYC'QORD1I.iXTO'R WATER 1.QUALITYA-16TI L'ITI ES -'ENGINEER: mAR.CHECKER SENIOR ENGINEER TRAFFIC'ENGINEER TRAFFIC ENGINEER. TRAFFIC:ENGI NEER. 4st6diATE_1EN6lNEER I TRAFFIC'SUPPOR.T" ASSOCIATE 'ENGINEER I, TRAFFIC SUP . PORT CONSTRUCTION OVERSIGHT AND -INSPECTION SERVICES, Ludy §rneets, PE CONSTRUCTION MANAGER'' Haimid Ab6diade4i Pg. QSD C ONSTRUCTION MAN . AGERA.INSPECT,011 :Ciro S Gar)jI CONSTRUCTIONMANAGER & INSPECTOR Chuck Stagner. CONSTRUCTION INSPECTOR .Julio Velasco CONSTRUCTION;INSPECTOR fl N TE RW tS T ,CONSULTING -GROUP Page 3 .7.- 25F-55 Short,Biographies.for Managemerir5taff' Terry Rodrlgue, PE;,TE _ Principaf-In-Charge: Terry has,over35 years of ezpenence,in City Engineering;•City Traffic,Engineering, public works„ operations design and special districffinancmg. He provides:tecWc.'al'and strategic assistance and support to city managers, elected officiais,,and the commurnty'on publlc,works programs, policies and actiA ,es, and projects:. M has successfully. negotiated_ .and resolved sensitive,. political, and controversial program, p,olidy slaffing,,and project,issues. His approach isio:ensur - he is meetidg'the needs of the client in" he most effectiv",and efficientway possible and to -work with individual communities s and_ 'to focus' on what is possible through creativity 1 expertise and' relationships.. ;Ge.orge:Alvarei; PE,.TE Project Manager •George Alvarez has successfully planned, Implemented,, andradministered publicworksioiojecis :and programs_for more than 40 •years, including .more than 29 years as a Public'Works City Engineer. George,holds;a Bachelorof Science:degree in Civil'Engineering from"Califomia'$tate University; Long. Beach. He has;conipleted ;the-City:of:8ahtalAnd's_ Advanced Leadership Developrnenf Program and. Public' Busines§ Manageinept Prograin. Forthe,melonty bf his career, George served as the City Engineer for Public Works forahe City. of Santa Ana He was responsible for 'Engineering Division 'of Public Works dep—a'd nf, ;encompassing design; traffic,. construction and'deyeloprnent services._ George led a team of approximately 50-staff in designing and constructing more'than:$1.00 million in..annual capital. improvement projeats;.His tiiglilights with the City of Santa Aria :include: o 'Under his leadership; the City of'Santa'Ana completed itssingle;largest•public investment in history, withmore.than.$100.million'in,residential street:repairs.. George guided the City in partnering with bond counsel ,and financial consultants to finance approximately $60 o 'George spearheaded the Mayor's Task•Forceb - Traffic and Transportation, which created a report of the City's transportation vision for arteriallre$idential streets, freeway/trahsit, and o George maximized efficiencies through new:ti obhhblogy.impiementations ;and advanced computer aided -design, _ including a' $tote-of-t_he_ art. t_ra_ ffic operations .center that manages 280. trafficsignals, o George managed.consiruction of more than $200 million in major facility projects through Use of.Vaditional design -bid bull-; gesign-guild, and•program manager at -risk approaches. to. project management. Sample projects incl.uded'the P.,ublic Works.Corporate'Yard ($23 million) Police Administration and Detention Facility ($.1,10 million-), ne_w ,City. HalLannex, and -park, lire station; and hbrary. mprovements: o• 'George. coordinaied traffic,'Ia'd_ use, and'infrastructure improvements_ totaling more than 10 million sduare'feet: )rge ;is a California Registered I in,eer •(#485).'He was a member 1, and;served;as the'President of Engineer:{#25161).and Califomia'Registereii Traffic :Hewas recognized as Government Leader of the Year py.tFies in 2002, •and as the Top. Public Works Leader of the Year (Pu LId`T ERWE S,T CONSULTING:GROUP ;from 2010.to ipter, in 2610: ivil Engineers in 2000'. 25F-56 Resumes The Individual resumes for each proposed professional are Included in the Appendix of this proposal and highlight their significant personal experience on a variety of public works tasks. Organization Chart Below is an organizational chart of proposed staff for this engagement with the City of Santa Ana. ENGINEERING Ludy Smeets, PE Plan Review I PmjerrManaW Kammn Saber, PE, QSD Plan Review IProjectUowger Erik Updyke, PE Plan Review[ PWjtdbtawger Sudl Shoja, PE Plan Review I Project Manager Gary Miller, PE Plan Review I PMjectMarager Mike Loving Storm WatergualityeoorRinaosr Thom Coughmn, PE Water(iuoliryd UG'gUes Engineer Gary Neal, PLS Map Checker Kevin Ko, PE, QSD SerliarEnglneer TRAFFIC ENGINEERING Nicole Jules, PE IraR/cEnglacer Ruth Smith, TE, PTP EmirkEngineer Andrew.Yi, PE, TE, PTOE fiirgcEngineer Grecia Rahena AssociateEngineerl Support Yvonne Soto A=iate Engineer j Support INTERWEST CONSULTING GROUP CONSTRUCTION OVERSIGHT &INSPECTION Ludy Smeets, PE ConstructimAWager_ Hamid Abedzadeh, PE, QSD Conswwon Manage I laspector Gros Ganji Construtdanlionogerlinspector Chuck Stegner Combuctionlnspector JulioVelasco Construction mspettar Page b 25F-57 P.-UNDERSTANDING OF .NEED We understand that the City of Santa Ana is seeking,quMif.ed firms;.to provide a variety of Engineering Technical and Administrative servioes.tosupporfthe City's Public 1Norks Agency:in the successful and timely delivery of 'public works,projects as'an extension of City_ staff. We propose to provide services in the following areas: o Engineering Plan Review, including, streets, water, -sewer, utilities, water infrastructure, mechanical, eleotrjcal,'traffic, road striping, wreless'facility permit processing, and 'map checking a Project Management. ,oEngineering and Adrninistrative Support of the Cjty's.Nelghborhood,Traffia Management ,and Residential Permit Parkiniji.xogram o construction Management, projecElnspection; and Oversight (Interwest has provided the services noted above for the past 1.7 years, in addition to,several,of ,the service areas implied inaie list of potentially required staff, including Building Inspection •and, -GIS Analyst mrvices::We employ, a large number of qualified pUbljc'works engineers; construction: managers and inspectors. The practioal:advantage for our clients is.th"at:our,proposedaeam comes with a'built=in network for collaoorahng and sharing Ideas and solutions that. benefit our. clients. Accordingly, we have cultivated a reputation for expedient and cost-effective services ;provided by qualified'and'customer-focused,pmfessional'consulfants. Ourstaff will ensure conformance with.Fdderal, State and City statues, regulations, ordinances, guidelines, applicable standards; specifications, plan§,laws„and accepted standard constuction practices. They have;combined decades of experience providing similar services forrlocal agency' pulilic works projects,.and they are very familiar.with indusfryand local rules and regulations. We are uniquely qualified to serve' the.City because our.proposed team not only has experience ;providing,these'services'fo public agencies;throughout.California; many_ of them also have direct' .experience serving the City of $anta;Ana for much of.theircareers. lay design, our staff is comprised of professionals with exi6nsjVe experience working'directiy.for :public agencies. the familiarity and knowledge gained by working side-by-side" with local "staff and partnering effectively with state and federal'regulatoryagencies, translates'to:expeditious and' accurate services well -managed budgets, and thoroughly: satisfied stakeholders and clients. -Our client,referencw wilf.affirm that Interwest.camperform the City's desjred:servlces•with professionalism and attention -to detail. Interwest §tall builds relationships with.our clients that extend far•beyond the provision.of day-to-day seniices.+Our team has the proven ability -to work. collaboratively and communicate effectively.with city staff to'Work towards corrimomgoals~We will .coordinate with City- staff to_ ensure :that deadline_ s and expectations are clearly defined and 'stringently met. We are 6onfident that our team is, exceedingiy.quallfied to partner. with .the City1h ensuring the continued successful delivery of public works jirojects.in your community., INTHRVVEST 'CONSULTING GROUP page6: 25F-58 ,E. RELEVANT PROJECT EXPERIENCE B616W we have, provided sample services performed for ' clients in Southern - California; ' ' Including r'ojb6,t description, and the completed_ oMact names and Information have ithe:bfieriii, a project 6..Contact �- - . I - ". . - I - been provided fdreac-h client 16 the folloVvIng se-ctlbn,,'F. Refeiences. ENGINEERING SERVICES dhargers. . Tra.l.ning, Facility I _Pity. of'Cdsta.Mesa I 20.17:,'Intenivest. staff pr6vid6d,r6udh and pfecis6 grading plan check foi the:-Chaitgersriew Training Facility.in thq_ao ofCosta Mesa: ',Thi-s 3.6'acre project! . s valued at $130K'and Involves the construction of anew football te6inifigfacility with on -site water're16caii6fi-, the dimblitl6ei of"6.0iii-king area north of the jootball -field, bnd.s, i state'of the art dra'16age'systern that mebts'NFL standards. Pre . cise gratfing c9mrri 'ents iiddr6ssed drainage and _accessibility concerns for the sitp."I riterwest also provided. plan F6V1e.w'f6r,p(6pqsed fencing surrounding'the area. Capistrano ililias Piv6m'64 Rehibilitati6ri'i City of San itian - Caplifirano'l,166:-This project -consisted of the'majojr.fpco , nstructi6 . n..6r1nd'and,ov6rlay, sl'ur'ry"*sea'l, end r.eplacer.66nt of damaged. .curb, gdfter,.aeid:sldewblk ln:a residential neighborhood. The projed.cost-is'$1,8.million ,and i minimize close 60"onilfidilo'n -Wth the- utilities and the Homeowners Ass.oclait(.6n tominimiz '�68: inteeweb , tIs-o'erformfing-,plan 1-406 Improvern.en,i0roject I C'ity7,qf Costa Mesa I 1. Of Costa � Me review. on the City isa'i affected segments .of, the 1-405 Improvement ,Project, coordinated by bb'T-A-: bu'r staff- Kave.0jerforrned plan review of 1-405 corridor improvements including impacts on ddlacent,sireets, rights • of.way, interchanges, and.utiliti6s such as sewer,. water and storm dr'alifs titburreritdesign stage level;.review'-of traffic control plansfd�'66suiiace explorations; c6df I dinitioh.with OCTA And the design. sio. consuftant.regardin g p . roje . ct:sub r mittal timing, plahs, and corre§pondirjp review. r6sponses delivery; review of plans against, current water quality standards Within, the* City,jurisdi6tion; holding meeting With the .Design/Build team for .project coddination'. interim Public'morks birecidir Services :j;City of *�' '­Ranchb.Palos Verdes] 20% 10'6h-the retirement of the Ctty's PubficWorisbirector, Iwas awatdEd a contract to provide interim staffing in this capacity,04-staff'ofoVlded guidande and best,practices to the'PPublic 'works D60artreient ificludin§-Administfationj ISirigineefindi Maintenance, and capital projects Additional -services Included dttefidifig,Clty Council and Infrastructure Management'Advisory Committee (!MAC) meetings; -working to--ensuie:" ordinances that goals, policies o nances and 'codes ,are being - equitably and 6o�siiiie . ntly-iiitkipriied; evaluating processes'within the Public Works g and imiplementlngchanges in consultation With, the Qity Ubfiager. After severafmoreft'in this ,Pds,ition,.the.City in,_recr.ui.ted.a*perrhanent.Die66tor &Publidlworkswho oucsia&f,supported :t& ensure a smooth transition: Downtown Hotel Pr6jedtsj-City-ot tan Juan'Caplstrano;[26_16:-an 2blb,;G6orgej. as thdbity. Enginear, was s responsible &e 'for'he pre-entitlement and Aevel. opind thb-conditions of eve'opmenf-fortwo downtown.hoteisin the City of.San Juan'Capistrano. The tcope,of work included: managing the, preparation ilon of traffic 'Impact analysis; ;preparing, the:conditions ,of development; arid attend . ir�g the Plan ning I Commission. . 5nd City qounc'ifrneetifigs� to ­ respond to ;questions ralated:tlo lhiffic and conditions of approval.. f I N'TE ft W EST CONSULTING GROUP. Page . 7 . 25F-59 The River.Street and Farm Developments l City of S.an. Juaiivdapistrano;1 2018: These are two separate projects being handled concurrently In the City of San Juan.Gapistrano The River development cdhbists•of 60,000 sgpare.feet of commerci6l'6hd retail development located in,the histoiic•.Los Rios'l 'District. The Farm development consists of i80 single: family'residential units; Both projects are _Wrrently in the pre-entitlement',stage. George'is'tl a projeot.man iger: for the .'City of San Juan_Caplstrano, rilanagI' th'e conditions"of.developmentr 'TRAFFIC:ENGINEERING SERVICES . Chick--Fil-A Traffic Impact Study i •Ctty'of Costa Mesa (.2017:,,Interwest reviewed'ae traffic: study for a proposed restaurant: Due to several onsite and'offsife constraints, staff cooeluded that ..... t the site was not suitable for the,proposed development. On -Call Trafflc Engineering Support.j City of!Maywood 1,2016 to Present:;InterwestTraffic Engmeerscurrently,provide tlaily on -site traffic engineering support anc.resources.which include responding to citizen requests, evaluating trafficsafety concems,,overseei_ng neighborhood traffic oalming requests and_reviewing traffic control'plahs. The,Harper Development i City: of Costa Mesa l 2017: Our staffreviewed the trafrio and parking study fora proposed eVentfacility, where large.social eventewould tie:held in a former i6dListrial building. Since there was inadequate onsite parking, _ e.project,proposed to usewaletparking, using leased parking on.nearby pmoerties.'Not ali;propos_e_d.offsite parking was acceptable so_ the applicant.was told to revise locations:. Polopolus-Lewis Development:Trafficilmpact Analysis. I,City'of Eastvale l •2017: Inteiwesi reviewed the trip generationmul tabiefor a ti-use,projeot surrounded byresidential neighborhoods and adjacent to'a, large sports corriplex'V i6 soccer fields „equestrian facilities sand a concert• venue The proposed project included fast food restaurants, a coffee 'shop; --a :high tumovet restautant; retail commercial, .a gas station, medical,office, a hotel, :and a Civic Center with `a gove,rnmenVoffice building and library The complicated trip generation table included a;mode shift (for walking), internal capture and;psss by reductions ;Their assumptions regarding mode .shift, pass -by reduotions;and'government office trip generation rates were carefullyreviewed, as• were 'their worksheets for determining internal capture. based on NCHRP' 684 "Internal Trip ;Oapture Estimation Tool. Some of their results'did`not make sense and they were advised'to reassess,their.assumptions and check -their', work�before,proceediiig with the traffic analysis. I.Cityss Bicycle Management Plari'I City of Costa'Mesa,l 2017-Present: Interwest reviewed the Cny's draft BMP aod-assisted with the approval process. W6.also reviewed. and helped Select ,potenfial sites for.6icycle racks at public facilities. i CONSTRUGTION.CVERSIGHT AND INSPECTION SERVICES Basfanchury.Road-( Clty of Yorba Lindapl 2017; This -project Involved the installation,of two intersections of new traffic signal poles and head,- traffic loops, interaonriect .corm-riunication .conduit, :construction, of •new horse. trail'"fencing, :sidewalk. and handicap ramp ,construction. Interwest provided construction management and field inspection services for this:very visible and busy arterial During construction, previously 6416d traffic signal foundations were discovered leading to discussion:, of either relocating, the .new signal poles or-remoVing .the old' buried foundations. We opted ••to _resolve the issue lj removing ,the, buried foundations and :then backfiliing anddrilling the new trafrrc.signal foundations. The' 6udgef was $1 Million: . TI.Wtt$-WEST_ CONSULTINGGROUP Page 25F-60 Pedestrian Safe Bus Stop Linkage Project on Hawthorne Boulevard I City of Rancho Palos Verdes 1 2017: Interwest provided construction management and inspection services on this project which provided pedestrians with safe access to eleven bus stops on both sides of Hawthorne Boulevard between Crest Road and Palos Verdes Drive. The project consisted of placing approximately 13,000 linear feet of sidewalk and Improvements which required: traffic control, construction survey, removal and replacement of sidewalks, curb and gutter and cross gutters, construction of curb access ramps, asphalt concrete pavement repairs, traffic signs, and adjustments of utilities to grade. Construction began in May 2017 with a budget of $1.3 million. Yorba Linda Boulevard Rehabilitation I City of Yorba Linda 1 2014: This project consisted of grinding the existing pavement and replacing it with new asphalt concrete pavement as well as restriping over roadway and adjusting the utility boxes. This was an important and high -visibility project for the City because the site is a traffic -heavy arterial adjacent to one of Yorba Linda's busiest shopping centers. During pre -construction meetings and in speaking with local business - owners while handing out notifications, Interwest determined that a majority of the grind and overlay should be performed at night in order to minimize the impact on businesses and the traveling public. We were able to negotiate with contractor to eliminate additional costs for the night work, ensuring that the project was completed within budget while satisfying business owners and the general public. Storm Drain Point Repair Project No. 019816 1 City of Rancho Palos Verdes 1 2017: Interwest was chosen to provide construction management and inspection services for this project, from the pre -construction to project close-out. The project consisted of repairing storm drain systems at six (6) locations with an alternate 7th station within the City. Items for oversight included the abandoning and removal of existing storm drain, Installing new Reinforced Concrete Pipe (RCP), lining of existing Corrugated Metal Pipe (CMP), construction of storm drain structures, and appurtenant storm drain. and other site repair Items. Our staff ensured that all construction met with local and industry standard requirements. Safe Routes to School Sidewalks Improvement Project I Clty_of. Wildomar j 2014: Interwest was responsible for the design and management of sidewalk and roadway improvements to two existing elementary schools - Wildomar Elementary School and Ronald Reagan Elementary School. Improvements included new sidewalks, handicap -accessible ramps, curb and gutter, and roadway widening along selected routes to each school. The projects were funded by bicycle and pedestrian safety grants. The Wildomar Elementary improvements were approximately 1.5 acres in size and the Ronald Reagan improvements consisted of approximately 0.5 acres. This project involved coordination with the police department and School District to bring to fruition and received extensive coverage in the local news. Interwest provided oversight for the City's participation in the WRCOG Transportation Uniform Mitigation Fee (TUMF) Program and assisted the City in evaluating a regional effort to consider TUMF reductions. The Wildomar Elementary improvements had several challenges including maintaining multiple existing driveway access points, meandering the sidewalk to avoid existing trees and utilities, and minor drainage Improvements along the affected area. The biggest challenge associated with the Ronald Reagan Improvements was acquiring the additional right-of-way required to construct the roadway and sidewalk. Interwest services provided Included: Transportation Planning, Capital Project Management, Grant Writing, and Traffic Engineering. Accessibility Evaluation Report and ADA Transition Plan I City of Wildomar 1 2014: Interwest prepared the "Accessibility Evaluation Report.' This Report identified the existing architectural barriers at the various City facilities and along City Right -of -Way. Specifically, Interwest conducted extensive surveys of city hall, parks, bus stops, and roadways (curb ramps, sidewalks) and IfINTERWEST CONSULTING GROUP Page 25F-61 ,0rqvld6flnformafion in detailed checklist of ea6h•idc - i at on, InteMest.furnished `6uggestionii to - remove those b6rr!6r , sthat are readily adhiiivible'and suggested a method of pi�oVkhg_equivalent I - - facilitation. -Inter'Webt also prepared jcost estimates i for j as r improve bre_ the- barrIef was not;proposed for, removal, ' st jordvided docuhrieni6Vo6'jUstIf e.barrler.is..w undud hardship-b-y:th -e p60artmiht to f6move. The Report is based the'gUldellnbi�&�IteWislibd' of,Justice'6 Title,111 of the Americans with bisiiibinties ct._'Wih' 'Infior r4ilcin from',the evaluatidii rOport, lnt.eIFWe. s. C,'d.6 Ia oved the, ADA, Transition 'Plan foG the city. which• Orioiitiied' the Improvements, O..:REFERENCES' Ciiy,ofCosfa Mesa Bart Mojla, Oity-Engine&r 1 714.754.5201 1 babiat.rheliadcoitarnesaca g I ov TOM Tornan, A§§Istaht Public Works Director 714.493.1171!1 tto - rn.6qgsaqjuancNplStr_ano.org .dity. Of Yarba Linda RlckYee; Assis an y Engineer 1714.'. 71711'1 ryp6gy6ft-',firida:oro• Assistant City QKy'ofRpfichqi Pal6sVercles- 0666 Wilimprey City Manager �1 6.5 g - , 316.544.5202 dwillmoFet rpvoa.gcV Olty pf Eastvale. anager I 5MZ49.00291 ichele nis�sen�odo (seen, Former'City'M m r naca.gov Citybf;Wildomar. Gary, Nordquist, City Manager 1 951.677.7751 i,gnordquist@cityofwildomar.org (I N'tt kW'"SS_.T_ CONSULTING GROUP _Page 10 25F-62 SECTION 2 Scope of Services & Schedule In the sections following, we have provided typical scopes of work for the main areas of the RFP we propose to provide services in: o Engineering Plan Review o Project Management o Engineering & Administrative Support of the City's Neighborhood Traffic Management & Residential Permit Parking Program o Construction Management, Project Inspection, & Oversight Interwest does not propose to provide design, survey, or accounting services forthis contract. We are however fully capable of providing the Building Inspection and GIS Analyst services implied in the list of potentially required personnel, but omitted from the scope of work. We have Included hourly rates for these positions in the fee schedule, and would be happy to provide a scope of work and a list of qualified candidates for these potions upon request. Schedule Within 48 hours of the City alerting us of a need, we will supply the City with a list of candidates and resumes to fill a particular position. Our proposed staff are local, so we anticipate candidates would be available for interviews with City staff with minimal advance notice. Engineering Plan Review Our team of plan review engineers Is committed to meeting the needs of our clients. We work with you to efficiently review and approve plans and maintain schedules. We guarantee the highest level of quality through the plan check cycle, from planning and design to construction completion. Areas of focus include: • Street improvement, rehabilitation, and widening plans • Water, sewer, utilities, and water Infrastructure plans • Mechanical and Electrical plans • Traffic and road striping plans • Map Checking • Wireless facility permit processing Related tasks also include: • Preparation of Conditions of Approval • Conducting research on the project • Attending Planning Commission meetings • Preparing the scope of work and reviewing traffic impact analysis • Reviewing and commenting on EIRs for private development • Calculating impact fees • Meeting with City staff to coordinate conditions of development • Meeting with private engineers and developers regarding public works matters INTERWEST CONSULTING GROUP Page 11 25F-63 Project M6.riagefti.ent .Intbrri69thas -ext4bns!Veexpe�ieh6e.�hdsucce�-si-nd6v6l6Oing6ndim lementirigniunicipaloublic. - I - I . - developing - 1. . implementing n _ : '. � thel works projects; including thbse-wlth.State,bndIor Federal funding requiring 6oftioli6ndeLwlt balt'*s Local Assist ncbPr6ceddrei ManuAW6 create'and 'apply management I - gement,syiferni that a - — . - - '6 :-m - - , . ��orkeindc�irefullyffohit6r,,prbgrani,dff'e'c.ti'vleh'e§s ycloWy4racking' work q'uaj quqn,ty,:Ocl .CoIi­t. Ou.raldt-a6_h. _be_i.hs With theidentificationidMi­lfic ti6h o s a61fic_,p olec.t priorities and theirscheduled completion's. Dd.livering 'CapitalAroje6ig -under. aggressive schedulesl6volv6s rhariagernerit., administration,. . . and oversight of ;prpje.dt--deve16pment ieaims'frorn inception to co . mpletion. . Pr6lkt management- - k - ci­ - inception . - . , - , - . . _.. to�'intle-r-w'(-�stMeahsco.moletd.bWhi)t.s- p .'�allasoEi6ti'inciddinjoebjedtdMiveiy,,fdndinj,,projdct 6Velopment, and programming- ,,VNe.ffi6a6ufe,6'uesu66ess-in m'ee'tl'ng'.deadI'ines, projectbudgets and m ost"im-po-rta-ritly, 6Jur.cIl6nt Is expectations: Are6s'offocuisinclude: i, Monitoring program, effectiveness 9 Agency.coord! nation on joint p "e66 - - . - - 991- '4 s6keh, -o-I'der community outreach • 'Working with utility agem6ies on relocations J 'Following Caltrans. Local, Asti atdnc(�.Pr66;dlures Manual'and Guidelines • EnsP - ring environments! regulatfon,cohipliances 4. A:dv6hced_.PFroj4dt plarinigg • Bid &,aWard,6ontraictsr ManagIrfg federally funded projects e Outside agency qn6rmch(penCppr_m'its, W.Leighbothbod TfaffWMafia.gemd0 & Res . identia I -,Pirniit:.Parking Piogram Through our experieride.ihhandling neljhhood traffic calming r6cldeitsincities such as Santa A6a, Placentia, Orea,:San Mailho, Teniecuila,'R'aincho Pa . los Verdes and San Juan Capistrano; ,We have learned' th6tsucc6ssful.661ghb6iAbcd traffic cam ng plans are developecl'through- .neigfiborhood,consensUs. ItriS important that all affected residents are involved lh,thbJpror'.ess,., and that the ab(��t,466".optiofis,'the,p - a�e-w6ll-ifif6rmecl*, �'posed;rfieasur6s: and the,,ppproyil- 0 prodess. We have done our jobs properly -when a-prbposed-ti%affic calming plan isjh44ght.' f b 0- y .the residents is','th6ir",plan, arid thd ..,Ip_an;presentedtothe City Council_pported by,6 majority of the" residents. Pel6w,,we- havlkpe6vided typical engineering 'and . supprLtasks, relatfog to-Neighborhdod7raffiq Manabe�rnent,ancl.Resldehtial Permit Parking Programs..M 166k forwafd.to the'.6pporiunity.to expand upon these tasks.and bee6te'a detailed approach for the City if,.Wected. General tasks: • '.Response and Thanagerhent -b I f Oubllc-fequestsffiet&ns for neighborhood traffic caimiNg . :6beterniination arid.pribHtizati6nofstUdy areas Data collection,bodrdifidbon,�sharafi5lVsls 'Determination of potenilal,solUtion,cost analysis, refinement inement of plAqs;.an& study- of effectiveness oMr9feecalming neasure(i).after'inplq*ht4tion Preparation of.construction plans- 1li N'-T, k - R W E ST.. 05NSULTING GROUP Page 1.2. 25F-64 i Attending rie.1ghbi5rh - 66d meetings. 'Reviewing and Updating the City �% current, Neighborhood Traffic' Management,'Program Pir&StudyTasks: 6 '.Responding - to'nsquests;'scradniqg _requests •'initial review and confirmation of issues • b proposedimoacted,tiytra ccalmingmeas-ur6s' Defining study areas add identifying areas initiation of plan process ,Study Tasks: • .Coordinating colle6tioh-6f datkanalysis of data i Developingddsigh,pia6s; Pubij&(ion,sditati6n afid"presentatl6n ofOlani to th6 bubl!6 PostzftudyTasksi Coordinating collec,tion of"d�ita, diti- analy- iI is-, and'identificatlion9f issues/pro blems with the inpl6mentatl6n 'of traffic ca1ming measures,. and iif necessary, modify traffic, 61ming, measure(s) dipmpOse afterriativiDdeisign(s).. to'6sirtiction Manageffi6nt vrii=coriwuqtiort [Bidding I Award Phase Constructablilty I Contract Document Review- I Bid Support: Review of the construction plans: and contract documents prior to bidding and report to the City' any areas Where there may bean opportunity to save money or find areas.,that. can beborre corrected prior to the bid; resulting in more - coTp I ebtive bidsand feW4_c_ons*truc'tkA"n,,chang 6 orders: This - assistance ii.brov46d'during the: bidding proces& PirdlProject P hotogird0fis I Video; The Construction Inspector Will document the c6fid.ition.ofthe Oecoedi is well as the adjacent areas priorto the bontracior mobilizing, thus ifilhirrililrid afiy disp4te that may arise redardirig.existing vs. 609sti-66tion damage. Ore-Constructidn'MeOl . nj: We Will dirganize,bir attend the prem6bristruction rneetifigsprlor.to.the� :Notice to , Proceed being issued. Notes& a list 6f.invite6s & ahendees will be distributed. Plans, Specificzitiofi :Estimate '(PSM)f The, PS&E '0apkpgq is essentially: ,the contract 'do'cument from Which the contractor will ibid and build the project. The,project ,engineer; in consult6tion with thezon'6trdi8tlon rhafia66r; takes the, approved project and begins the formal 'design process. Every effort must be made to-siay within the scope of theapproved project, and a8h-'erb t, I -a th sco p a must be approved to the en-Viropffien, a ocumerit constraints. My dhah6es,t6-6 -by the city; changes to the scope during- the PS&E phase'wili'likely. increase construction , costs;. may require additional environmental studiesi -and possibly delay the schedule.'As the PS&E packagb'develops, a bigger emphasis.1s,irriadeop qqgstructabilkty, traffic .h?poiihgAn'd'it5g!nb..'AlI *can significantly in i pact constructioA VINNT' It -WEST' OSiEZ- I tTINGIGIRPUP Page 13' 25F-65 Bidding and Construction Support During the bidding process, if so directed, the Interwest Team will be available to answer bidders' questions, prepare drafts of addenda or clarifications to the PS&E and assist in reviewing bids and recommending a contract award. During construction, we will provide supplemental support to the City and construction management section for construction inquiries. This supplemental construction support Includes: o Reviewing and preparing responses to RFIs o Reviewing Contractor submittals and shop drawings for compatibility with design o Reviewing and providing recommendations of change order proposals o Performing final review/evaluation & assisting with the preparation of punch list for work deficiencies o Preparing record drawings of the completed projects based upon the redlined set of as -built plans Construction Phase Project Schedule (_Submittal Review: A realistic schedule that meets the requirements of the contract documents is critical to the success of the project. Our team will constantly monitor the schedule, noting and making the City aware of any critical path slips, as well as any opportunities to compress the schedule that may arise. Further, timely and thorough submittal review is critical to a project. Examples of activities include: • Coordinate, review & approve the Contractor's proposed schedule for completion of project. Y Review contractor's schedule, update submittals for conformance to master schedule and contract documents. Document Control: We use the proven method of controlling documents through the system developed and used by Caltrans. We will apply consistent procedures to track all documentation, regardless of project size and location. Doing so will result In a standard documentation and filing system across the board for capital projects. As a result, records retrieval will be quick and efficient. Work activities include: • Maintain all project documents, drawings, contract change orders, contractor submittals, shop drawing and correspondence in electronic form and hard copy. • Maintain at the project site an up-to-date copy of all contracts, drawings, specifications, addenda, change orders & other modifications, in good order & marked to record all changes made during construction. We track documents, including all correspondence. • Ensure an office engineer is available for projects with significant document control needs, and all files will be set up by our office engineer, regardless of size. • Maintain a digital photographic library & significant activities. • Maintain RFI, submittal and change order logs. Ensure consultants and engineers respond within contract time frames. We track the number of days submittals are outstanding and with a particular party on a weekly basis and report this information to the appropriate staff. • Monitor Contractor and the sub -contractors regarding compliance with prevailing wage rates and affirmative action requirements applicable to the project including a Labor Compliance Program in accordance with AB 1506 and the Davis -Bacon Act. Our inspectors and office engineers are trained on the appropriate forms and techniques necessary to conduct these compliance activities. INTERWEST CONSULTING GROUP page 14 25F-66 Collect and r&jew, for compfiance'- with all State and Federalrebu]Atlons; certified payroll records, requirements. Weekly lMonthly ConstructldnMeetings :Wewould attend and 6hirweekly orrrionthly pt6jedt, meetings with the:contractors arid'stakehoWers. M61 6ari'prepare Ahe,:agenda and discuss 'schedule, budget clianges, safety issues etc. This has .proven to be an important step tQ getting • 'theprojecton sphedUle"eMy., Change ordbr,RbV'le*/Dlsoutd.kes6iufl6n; bur0earn Will review, afiy,,r&quests,f6r,doh0a6t .change orders tc; verif�'tII6 work Is necessary and outsid . e'of,the; contract, and w I e - will -:negotiate . I ­ . It _ , _111U I , 1_ h the best wayfrom the '(C.y,perspqc Je o p r that,'is V 'a a ay for the is m_ nclmaterials, unit prices,,or a negotiat6d.amount. We will adviieQity as to thlelreffebt.,on the contract time and cost, c:a ,We . I n . perform indep6rident'estitnates of proposed change order work w . he I fi necessary bessary orwhen directed by. the City.'Th . b *,Cbhst - ruction_.Manag;f Will tkeh make reco- M__ mendatio . n fbr 6'66rbval' which according to the.City policy; will ,61timately, need.app!oval by the Public Works Director.-. Materldli Testing. Managoffi&U We will'coordinite and schedule the"rnaterihlstestina servic&§- to'acquir6 the ne.cessary,servIces, and reports, In the m0st,,efficient hidriner'.. :Compaction Control' We Will coordinate, compaction',testing with the . soil en , jineering firm to verify, all compaction c'o ductedmeets,zllrequirdm6hisaridspqcifiic tions; Pr4greis Payme.nt O.-i6cissing: VVe will (evIew.prpgrqss payments a , rits and ,verify c[panti.fle,O/unIt prices, amount due, certified •payroll, appicipHaite.rate6. 6tii.,If:t6e.r-e-'vieii,sNomis'ltfie progress payment is accurate, I we will then recommend payment and . circuliate'it"to Pidje-dManagetrfor additiobal reVieW,:sidnature and approval. Agency, Coordination: We will coordinate:anywork with other4gidn6iesto maximize contractor efficle'noy, and keep the project on -schedule, project C-lose-Ok Phi -se Punch List. Completion: Our Inspector Will',jener6te and make the contractor aware 'of deficiencies as rh y.'oodur in the fi eld, Wkwill,enc6urage the contractor to repair or replace work i thaf-d66s not Meet the specifications When it is identified. Iriter-we-it! will oVerseeAfie. complete performance of all punch list `items and' .clean-up ; b efo, re ,contractor moves off -site. . Each 'bunch list item is,personall slgfi6d off by.h memlierlof 66rieai�n and all _items mOstb6signed off before the, construction manager signs.the listbir6dimpfe'td: Rkpid,DraWings and.Other Other Documents: ,Our !Construction. Manager will -review Ahe record drawings With the Inspector for 6ccufacy'&c6moletbriess prlortoacceptance of the project: This Is monitored weekly: At the,66d of the project, we will obtain from contractor allrecord,(as-'built). Airawin . gs: . O&M 'm . aterials, attic stock,,:66ntract-red6ired documents, lien releases, A W66h warrantees: G66technical Report: Our'Construction Managervill obtalli'atomplete gd6t66hhIcaI fep6rt with a I I I ftpot-requits, 1-6gs, airid coreespond6ndd from the gdo-te-c h_-prk)r_ to.re'l-ea'-sing t - heiri . final- PaVnien . t, . FifialReport: OurleamVill prepare a final fep6rf for the, project that recaps the costs; -schedule, ,succdssbs', and les6ons leiarnbd to'the City and the? jddt,M6n6bbi-f6�U�ein.p'rOparind�he City .06064, - Wice of Acceptance Staff Report.. r9l. - - ­ - I NT'lli R W-t ST C61NISULTING-411LOUP Pa9 e IS , 25F-67 An inventory of the'"wrap Lip" tasks for -construction management activities indudd:-, iv Administ6r�obst-c6hstrud4i6h,teEiifilfig'-'of custodial, maintenance, opera tions:abd grounds; ' staff for all new equipment, systems and finish mateiria'K We intend to indite the appropriate - C - ily malntanah6e-.iJ&sJ6hnbl to the ,final wA-th�6uqh':6f the prqject,so: they.*�niy,ask questions and'r6vIewihe*w'0.rk'.'We bfid6r§ta-nd-.thai.th6,prole6t-is built '-'forthe end-usei; whichIs usually the -maintenance deoprtm6nibn behalf 6fth-e*citizens; • 'poor , dlndte final testing, documentation and rddUlatbry.ifisoq6ti'ons.-.We-i6.qbiie all'materials testing and special documen'tifin to'be in a-finaf report in,6hionological order. Advise on subsiantiIP Ir and final corripletlohandll�quiddted damages; • :Evaluate any 6 , 6rtract6f clai In', nego'tiati.'and resolve b6im Issues. k6c6mm6fid'approval or denial b Cit y.. • 'Establish a warranty process and schedule six months and bleven months warranty waM-. • 'Oversee the.c6mplete performanceofall warranty repair items. Document'Arc,him. Oncp, the, project is,completd, We Will turn over all proje&document§ in archive 1`6 mn to the.City: Project lni s p 6 c-'t- i 6-n - s e rV 1 c e s Utilizing,constTudon lnspebtiowserVl6es;thr6dgh Ifiterwest bonsuliingbroug.1s;an extremely "valuable ble. stratbgVf6P delivering. cost-effective, High quality -fiicip'61* services. We insp&6fa variety ty of capital improvement, development,. And �utility ,project elements such'as: r , oadvvay rehabilitations, new.parkde- el'o- 'b and utility projects v prnents,. gilding a 6 1 on an 'as-needec basis, streets; driveways, §dewalks, curb, and gutters,, pedestrian ramps, drainage Improvements;parks, Wildin gs, open . S,06ce amenities, -fral !s,'ir affic sidnalsi playground equ!Ornqnt,and sports fields plus related services including sewer' lift stations, sewer, d6mestic,water,* reclaimed water and street lightirtg.'We havea Proven track.i66ord 6f';jrbvidlng,alI of these* se­rvicesI '; ' Our Inspectors w , 1111'ensure that all work conforms to -the ptojqc�t cofistincl icti6fi,o'd 6 octim nts. City Codes and'.Ordifi6fid6i. including the City Gradin. g . Cc I de and 'Manu - al, 'AP WA: . A,.:?G . r - een bo oW Standard 'Spe6l�i-cai!6'n-s-,f-6-r-,P-utiii'c"W6'iki-Constroj&tion, AWWA Standards, :Cou6�public�W'or'ks ,tt6fia6eds,'St6te'and,Federal Buildirf - g . Codes- reiatied to,i5it-e accessibility :-a-s'-well a§,Title 24'and ADA req&ements, 'Caltrans .' Local Pinocifams. ManUal, the.,Cjty's 'Quality Assurance "Pian-for 'Federal and Mate-Fuind6'& 'Pfcjj pt.tsa.6d.all:aop)icable.prevailing . wage laws ihcludlnglihebavis-- Bacon and Related -Acts; Our team of professidnals prbobsed f6r'thls assignment has extensive: career expertisei, in the. public works Mustry.Our local knowledge in cornbinadon with our depth of.expenenc76 translates , into better, more consistent eci'­- n tent d s'ion making; This providesthe City with excellent Muemot only, today in cost for service's,'but more importantly in the future while operating the -'* infrastructure, All 'Ifi§pections sliall tie -carried-out -Lisinl;i City established I 'p6li6i6§'and.or6dedures-v�iih.ih"e''high"6st' quality 664in-a-timely-an - dproies�sion6l marin,er. We'shall be an ddviso'r and advocatea-IrdproVide e t"f-'- services with,the beit Interest o , tfie,City'ih mind. qyat(ty control For all projects wpwill create and apply.tailored management systems that Wbrk-ind Will bafefully- monitor program .effectiveness, closely tracking work quality, quantlty; and' cost, Deliveri ng, .projects under aggres§1ve schedules requires cireful'manaije` ffient, a-dministra'tion, and.o'Ve-rs'ig"ht I N'TE RW E S T CONSULTING GROUP, 25F-68 ;of project develoiornenttearns from Inception to compleflonwith do- nimitted,-fdoinp I I&t6 ownership of all ; aspect . �.,Des�.ife this his approach,,: Jdrne,-pr6jedts':,r'nay, "fall behind. schecid'e.-1,11"this occurs, s InterWe f will qUickly review thi reasons, for the delay, jd6ntify:6ptions for getting,the _project back consulting With the City. Scood,�.schedule - and dn,irack, � and implement the selected option after c bUdget lrnpadts of the q6lay':wlIll be s8.rutlhiied to ensureccritical 016m6nts are not idoo9rdiied by Implementation of the-dbrrectJIv6` actio . n. ,GUARANTEED DELIVERABLES There are several important areas of work requiring special attention -to ensure successful 9o-mplepon- of a proiect: 'standardization MaIntenanc-0--ofProject- bbburfi.eptatl6h —16 order to effectively - combat if . t that the constructlan, lnspe6iorfollow:a uniform standard f n:. : - - . . - ­ rn'� . ­ . oe sure.t.hat pot6ntially-volatild issues are'dealt wlihlint timely; accurate and consistent spanner .InterW6st has instituted 6c uh-a system and has -a pe.oven'6ack record of helping its clients to avoid costly ciaim-s. .Monitoring - Quality & Objectiveness of -Field Rerso-phel' -_Our -,cdritiructl6fi sUpervisors- F.60 . finely 666k1he •fit , es, and' performance ofo'uf construction, insp6&t6rs..R64dl6 " r train! I ng meetings are cdnd.Uchangesd:at which changes in rules and regulations ,are discusied. Of critical',irnportanced6the-stbf . m-w-ater compliance rjfes and tlie re 'qu Ir6rY46ts of the'gqneral construction n permilt on City Orbjebts.. Public Relations — Public'woft prbjects;that lmnact residents arfd buslh6sSes.Oirkaentmljue,; non -technical challefibbs whicli-must be addressed throughout the -life of a project. Int6iwbst staff ,will work, closely,with,these stakeholders to,make th6mawar6bf the project,_ its status -and any changes that are made. "dur.'assign'e'd staff'obissess . es the ino"n-iechh'ica-l' -skill set needed to, �ngvlbate ifie-publip relations arena. .96nstructioninspbetio6s'(In-cludingSWPP- 'Compliance) �m'.OuHnipect6r, as well as any other field - personnel,- I performing it - �g . 'services Will document . - . all work; q - u'contractor : antities, . . - and subcontractor personnel,aM eqUi5finent; - ylsitors, and field -orders on a daily 6asis.'- ,' YANTERWEST ;CONSULTINGGROUP- 'Pdge 17 25F-69 PeeTtopos"al 'Per#fie RFP,,ourfee p�opo"saf figs been submitted. in a sepaFafe, sealed envelope: NT St CON I ou.p. 25F-70 SECTION '4 Certifications. Following 6s page; we We inclUdedlhbfolloWjhg re UiredI6rMs:, o Attachrpeni3=1: Non;bollusion Affidavit o Atta*ChMefit3-2::N6n-L6bbyi6g,Qerfih.ca-tl6.n 6, Atta6hrrient3-.3: Non Discfimination Certification C-PNSUMhG GROUP, pyre tB, 25F-71 Appendix ATTACIIMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDA VIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or Indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a fal�ertifica' ma�bjec the certifier to criminal prosecution. .'Signed State of Calif i pia Countyof !30-1 Subscribed and sworn to (or affirmed) before me on this day of J r tam, 20 by j �,P✓✓ti 12adviar proved to me on the basis of satisfactory evidence to be the person(s) who appeared beforeme -� Notary Public Signature CHRISTOPHER MICHAEL SKINNER Notary Public State of Colorado Notary ID 020184046892 My Commission Expires 12.28.2022 Notary Public Seal City of Santa Ana RFP Page A3-1 Page 20 25F-72 Appendix .ATTACHMENT 3=2: NON-LOBBYIN G;CERTIFICATION _ CERTIFICATIONS The prospective paiticipanfcertifies, by signing and sir ni ttingthis bid or, proposii, to the Best ofhis ocher' ltnowledge and belief, that:, I. 'No federal.epprogriated funds have beep paid or will be.paid; by;or.oh behalf of ihe,.undeisigned;,to any person for influencing or attempting to influence an officer or employee of any fedeial. agency, a, Member of Congress, an officer or employee of Congress or an`.employee'oEa'Member of Congress !in contjeation with the awarding of any federal contract, the making of any federal grant, the making, of any fedi&f loa!i; the entering info bf any cooperative agreement; and the extension, continuation; renewal; arrnendmetit, onmodification ofany federal contract; gram, loan; or cboperatve agreement. 2. if 6 funds other than federal appropriated fends have been" paid or>vill be. paidto any,parsotYfor. lnfldenping or attempting to influence- any officer or employee of any federal agency, a Member of Congn 's, an"officer or employee of Congmss, or anemployee of a'Member,of.Cohgress in connection With this federal contract grant loan, login or cooperative egreeinent the undersigned shall complete and submit'a "Disoiosaie of LobbyingActfVities'..% This eertificalion is a rnatei al representation of fact upon which reliance was placed wheti:this transaction was made, orentered into. Submission oEthis certtfroahon'iaapreregriisite for inaking;or entering into"this transaction unposed. !bq $defiop 1.352; Title 31,, U S.'Code. Apy,peersbn who fails to file the required certiflcation, hAml_lie.sGbject to a civil penalty of notless than $101000 and not more than'SI00,00(l for.each such failure. The prospective participantalso agrees by submitting his or her bid or proposal that he or she:shalf require that the .language ofthts.e rt fiartien'be included in a111owe'rtie_r sub_contmct_s, which exceed $100,600 and that such sub recipients shall certlNEind disclose accordingly; fate 06/10/20,19 City of Santa Ana RFF !'ag®'M,2 Page 21 25F-73 Appendix AT!7ACHM'ENY3-'3: ATIONCERTIFICATION —.CERTMCATIONS The VMersigne&'c-onsulfant dr.corp'6rate -offid6r, -during the perf6rman6c,of this is contract; ,certifies as 'follows;, The Consultant shall not discriminate against any 6filployee-orapplicant-for emp loyment because of race, color, religion; sex, or nationai.o origin. 'The 6n.s6It_aht shall' i4k.6 fffirmativea6tionlo ensure ihatappficantsare-etnployed, a.M t.Ih`t employee's am.tieked during 'employment -W - fth6ut; regard to their race, dolotreligionj sex, oirnatl6nafd or igin. Such �action shall jncliAde,'bar, not be-jimited''to, the. , following: effi 'ploy' imen'� upg6idi�j;:`dimbtioq, or - tFahsfer;'r6iuitment or recruitment advertising laypff'or'termitiaiio'n;.yates,. of . pay or other forms of'OrruDen§ation; knO _jele6fi6nfor-ti-din-Ing,' ihclu_difig.apprenticeship. The Consultant aj#6es to �bst- in 'conspicuous places, available. to employees and -applicants f6i emp!o . yMent,. n otice - s I to be_ 'p'rovided:setting . fo . rth the;pravi I Mons, . 6 . f - this noffdinrirrunafio­ndliausk-;. ,L The Consultant sbaliijA411,S6ilc itait vertisements,f0fiemployees l5lac6d, - by;orpfibe lialf of Oie,Constiltafii, state that all 4ualjfi6d#plicanis will r6ceiv&"cormideratioh for employ - m6nt without regard to race. boldr reli ionsex or national origin. The Consultant shall send toJeach labor union or representative of Workers with which, he/sIie. has 6 collective bargainin9 igideme nt or other 6 fitra6t or understanding; a notice tice to' b e Or6viddfi&i§lng the said labor union' br'wo"rk'er-'s'�reprosentativc§,Ot the Consultant's m nip co ri ments-uirderth�is:siecflo- - andshallpost copies of the notice. 7iti--contb.icu6iis'pla.ces.-available t6-biiit)loyees.'and ,dppjica.iits;for employment, -4: the Consultint.shalf coinol�. with all provisions of Ekecutiv6 6rd'erA 1246 of SeTAember 24,1965. and of -the . rui . es, . regu l4ions�, and relevant orders of the ..Secretary . of Lalyo . F. 5_ The Consultant.shall ffirnish ill'Inforina.tion.'and reports required by -Executive -Order 11;�46.`of _q -, September 24, 1965, and by;rules, reguliticrns;,kfid orders ,of'the Secretary of Labor, 6 . r.li6r'suant ther6lo,. and will perrnii access.to his/he :b66U. re6ords. and_aCcOi.mtsby the,adininistering agency qnd,the Secretdi)i of Labor for purp-og.es of investigation, to ascertain compliance witfi-S`116h,ruies, regu litions; and orders;, �6. In the event ofthe:CoPsUltarit's non-compliance with the nondiscrimination 61aus6s of this,c'ontract or .with any of the said rules,; regulations, :or orders, the contract may be canceled, tdrrninated'"'r o suspended ifiwhole or'inpdrtand t the Conkiltanvmiy.d be ineligible for 'futilierGo-ve-r-nme-11. . contracts or f6d6rally, assisted construction. contracts in :accordance With p.rocedure-5,'atithorized in Cxecution Order -' ,1124 df'Sepfdinbei 24, 1965,.a`nd.`sucfi oilher sanctions may be imposed and remedies invoked as ,provided in XxecirtiY6.'Order 11246 of:,SeP!temb6r 24, 1965; or by, -rule; rogtilailons or.order,of the Sccrdtary. of . Labor, :or as othQ - CMseproVided by. law. - The the Consultant shall includelidportion of -the sentdrice'immediately Preced . ing,parigraph (1) and 6;_ provisions of paragraphs (1) through aphs, 'b4rchase ordeVUnl6s_6xe-mPied, in every -subcontractor CI 'of Santa Ana REP' Page AM - 'Pao 22 25F-74 by Hiles, regulations, or orders of the'Sect> tart' of Labor issued;pursuant to Section 204 of Executive Order L1246 of5eptember 24, 1965 so that such provisions,will be;binding upon each subcontract or, purchase.orderas, the: administeAiig agency'.may' direct'as, means 'Of'enf0, i11g such•,provisions,; including sanctions for noncompliance; provided; however, that'in theevent the Consultant becomes involved in, dais threatened t' tli;'litigation"with 'a sub-cohsultant'or vendor as a result of such. direction by the'adminisfering agency, the Consuftant ma_y)request that the United States enter into such.litigation to protect the'int. r sis:of the United States. 9: Obtsuant to Cali fornialabor'Code.Section 1735; as added by Chapter 643 Stets..,1939, :imd as amended; . ;No discrimination shall: be made in the einployincht 6f'persons upon public works because of race, religious creed, color,;naUonaI'origin,.anc@stry, physical handicaps, mental conditioh;•marital'status,�oc :sex of such persons, except ,as provided in Secfiori 1420, and any consult ant•of public wortviolatipg this Sectionis sub" jec't to all the penalties' imposedfor a_.violaticn of the Ghitpter: Signed: Title: Owner nd. P,re ent Fintn: Interwes#'Consulting Group -,,Inc:• 1patei 06/10/2019 page 4k 25F-75 Resumes APPENDIX' 'F61lowing* this pa9e,*e!haq&pioVfded f6surfiesf6e the following g proposed staff:' Tdrry Rodrig ye,0E, TE I_ A deoi -geVWO; PE, TE .. _- WidV trniets, OE- Kamran Saber.'Ps; QSD Erik Upd&,'ft! sy-cli-Shoja, PE, Gary'Miller; Pe Mike L60fig 'Thom b--ugfiran ,qaryNeah PLS. kevIn'koj,PE-Q'SD- Nicole Jules":00 Ruth Smith, TE; P7 - Andre - w YI, PE, TE_; PTO_ 9 Grecia Bafiena, Yvonne Soto Hirnid'Abediaclelh,. PE, 0 . SD qYos Ganji Chuck,Stag"ner -juilo vejaido .PRINCIPALAN-CHA I RGE -PROJECT MANAGER PLAN.REVIEWENGINEEk.1 0k6JEbT_AQERMANA_ R-I, W �CONPTRUCTIOMAN A-G',ER, PLAN REVIEW ENGINEER-1 PROJECT.MANAGER. PLAN REVIEW ENGINEER,l RO.JEC.T!MANAGER PLAWREVIEW ENGINEER. I PROJECT MANAGER. 'PLAN REVIEW ENGINEER [-PROJECT -MANAGER .STORM vvATER -QUA , LITY-60ORDINATOR I; WATER'QUALTY A: UTI I 4ITiES E I N E , , GINER' MAP -CHECKER 'SENIOR -ENGINEER TRAFFICENGINEER� TRAFFIC �ENOINEER -TRAFFIC ENGINEER ASSOCIATE,ENdINEER.j T_RAF'FlC.8UPP6RT :.A , SSOCIATE ENGINEER j TRAFFIC -.SUPPORT CONSTRUCTION MANAG5R,& INSPECTOR: . i.. . . CONSTRUCTION' MANAGER &-INSRE9TOk4 CqNSTRUCTION;MPEtTOR. CONSTRUCTION INSPECTOR. ILNTEA WtST :CONS ULTING *GROUP Page 24 25F-76 Ta teirry ."RiAngue, PA- TE- �, 1 Pr1nCIji;#14n-'dhizrqe_ I Pireslldlerit-8. ovmer 61FIntbirwdst INTEMM Terry' has ;over 35 years 'of experience, In . City . :Eng - ineering, Zlty T.ra , ffic, -publlc CONSULTING Engineering; Wor;6, operailci6s; des�fjn,and spedai[,district finaricinjM6. . technical and city provides, 11 support to ci y managers,. : ublic wo , rks elected,off als�.andL :programs, pokiei and Icl" the comrriun unity oh,p wv,irw. into rwosta rpoao M activities, and. projects. -He his successfully negotiated and resolved sinslilve-;, political, and controversial program, -policy, staffing,,.and. project issues. His I Approacfi,is to ensure he li,,M'eeting the -nee6'df the iliart.in the most .E04 Feiili i effective -and efficient - ieht way. possible, and to work with individual winffitirilties,' Citi`rrarislil6hs I strategic operations. and to focus On 'what is p olssibli through creativity, Expertise and relationships. 'City Engliieiilng ,PubHE Works Operations suE;,uWEst t'xOrmizieNce city Traffic Engineering j hritorwest ecifisAing Grduij Tumding Districts Transpoitatlop Systems _�t�r founded Iting Grbup, d6dkaied'.to pr6vldingii .in k62,, ry,foded, Interwest Consu diety, of serviies,to local, State a�d Fecii�al' A n6ies; SIn6e f hit time,' the va ge EDUCATION company -has gr6wn- to over-460 professionals -and' -support staff providing MBA, Un_iversItyoMu&m dallfornle I Services In the Wesiern United States thorukh a network of 14 offices, as, universitiof Milne, civil Engineering. PROJECT' SliE01FIC EXPERIEN6,115 RE'GISTRAT 1,0 NrS. C E R T I IF i C A rI.O N S . Director, t6irmuril - ty Services and 'Rinchb Palcs.veides, CA 5tate.ofcolorado 61reitor oli PU:61k,works Terry was blop6l'ntid interim'Director,for the City of"Rancho.,Palbs Verdes on Miressional Engineer 1.30697 -State of California two separate occasions: in both' instances; thIsWas.io fill 'a staff vacancy on the Proiesilonal Civil Engineer.1 g8g94r Team. The first bsiIgrinient,was as -Director of Cityfs.16icutive Mana_gern�kxe Stat6 of C, 311fomia - Community. Divelopm6fit which 'consisted of planning, building; code . I _ 97 'Professional Traffic Engineer'I T14 - ii Vew •preservation. The,second assignment was as the enfor�mek .arid ch Included I the' City'i 6ginedrMS and Puh c Clreftor:o . f. . public Works which P R O F E SiIONAL A FILIATIONS IF - acid Work �Cii wirted, to th.e'CIity'M.a.nager a S v I s. In both assignmentsje r I ry reported Amerliah 56aity of Civil Engineers represented' the Department. it City Council and FilabiiWg Commisil.on ' ln�d to of EngliIeeis ly overall me n" f 'meetings, I .over nto ng to Staff � Terry, provided leadersh p, .- .1;Terry, ' "recruiting4 I _. whlldass!stIng'�'heCIt_ - .y In 6 0ehmanint Cilrecfqr,, City Eh9lineer Bell, CA friterwie'st-'has supoorted . :the City,of B611 Since Novern6er 2016. Terry began .-g. Working With,the:citv in De6ember,2011, providing engineering 'services, Which . ldcluded i6naging all .6f,ihe.Cky's' engineering; project ffinagqmen t, traffic I - . and c�dnst'r'diiic�n-m*anag6iii6ht:'This was an oppo�6 nity',to assist Bell in its recovery -process. He works closely'with'staff to maintain a 'high level of customer Service and deliver qUal[tV plan reviews to the CIV.- Diiectorof Public Services 'Unc6ln, CA As thetor. lof Public Worksr ks for the CIty,of Lincoln, tehy inanagedthedally iPire.c- operations of functlofis including. E,figineering, Wastewaterr-Treitnientir Wastewat& Cbllectliori, Wat& Distribution; Streets,' Parksjopen Spa'c`e/ ;Fdcllitles_, Transit, SolidWaste, Airport and Construction , Management ,Terry Worked as,part of the City's executive management team to d6velop-and implement a long-term staffing and _reorganization' 016h:ana improve. customer services. 'De assisted In resolving major outstanding, claims,'.and' issues_ on several privaie divelooment: projects, negotiated extensively with large land' develcpm. - �nt •eniities, and %4rikecl with a. muItItude7'of funding sources including. . im ulusfundinggrarit­s. 1 1-1 ­ - ­ - . Page .25- 25F-77 Ii I,N * T E R.W E S T CONSULTING - GROUP' Www.IAt&6V*OiktqirO..cG• ­ L _.M Prlincip6l"In-charge Transition Team� Wildornar, CA: Principal -In . -Charge of the . successful transition of ;,public worb, planning; buififing and 'safety,', and code ,'nf�r e ceffient-services'from ,the County,of Riverside to , the City of Wildomar. iions;Vei 4 SeNices The team, together;wIth".1ki Y-RiAhiri.ide'to-urify staff, 6ff, develope'd dbtaifid'ptocisses,'or6tbcols;:d6livd 60nethods, and ,agreements ,nace.s. a. I,to accomplish) the• seamiess and coop erative Ar6hsfer.of services: ✓ Moro4ementsystems -Developed ind.implemented managieffiiiiit systems to rnoriltor, and track ac6itles,'assoclateo With pli6nlng,and develdpimeiii, eniltliim6ni! reviews,. ifigl*n6eiolngand building. plan reviews, code enforcement cases, and - street' aintenance works .orders. Imp . . - .. woI - ✓ Budgets =!Createcl fiscally prudent and conservative operating and capital lrrprove.O.ent 66dkeii.bd4_d upon available funding sources rces- and revenues. 'Departments- Ovdrsah and,responsible for -all aspects of,public Works, planniig;billding indsafety, and codeenforiement. Transition Manager I . Contract K4.anageiEfigiii6eringg,Buildlni Elk Grow, -,CA As the'Alanig-eF-of Engineering Grove,, ard''Bullifin- for th& tity�EliGrove,,9 1of transitl6neil all Public Works and -Building b6piftmerit -Siirvices -fr6- m Snfamenio County to the City,of.Elk-Gr6ve, Tirrylbuilt.la,staff of Bo people - within - n !9 months and, led t , he - transition - of the"Niowing ser i Aces from. S - acrarnerit_6 c6nty; Public Woriks'lPlan qqecklng; 'Pj'bil' I - . * c Works lnspVctl6d,. Permit issuance; public' counter. Operaticris' Capital 'Projects; ­ prain-age';! Transportation ' ; 'Street Maintenance; Special Districfs;,'and' :all 'BuildingDepairtment Operations. Contract City En'glheW vestlake Villa7ge, CA As Contract'Clty li�nglrieer for. the City of Westlake -Village; prepared6plital programs, for iffiprqJem&ts to.. Zity-owned facilit , lei; supervised- the prepArzitlo"q of plans, specifications and bidding; monitored the construction of capital ;projects; reip6nded to iiiien c inquiries, reviewed development ,proposals and rbade'presentations to City council and clirzerl groups; .,Cltv Traffic Engineer, Various Southern CA Cities, Te iry, he's served as Contract City. Traffic Engineer- I f6r:the, Chiei of Mjjibu, Rolling 9!!inB Hills Estates,-Thoiis6iriclbaks Als capacity,'ke. and Moreno Valley In performed 'a variety: of traffic ,investigations rciudited"by-cit" - " , , , -, - ... � one . . - ­ -_ - . - I - zPAs an City Council, reviewed developer plans and studies, developed and Implemented traffic safety 'p'r* d pgrams and polidis,,coh uiitedirafficanalyses and studlei, and made pris,entatl6rm to traffic commissions, City Councils and citizens groups. 25F-78 Page-26, i George_ Alvarez, PE;'rE. i f ProJ660wanager I Primary Agen4 INTERWEST' George -has: .over 40 .years of successful planning; ,implementing,..arid C_ OA S U, LT I N G i administering public:Works projects and programs He- brings a solid history of GROUP successful;Management with over 35years as a Public Works City Engineer: ( Recognized asa-dedicated professlonal with exemplary work ethic,.lie focuses wW w:interaoe3eerp:coin on contlnuous process' Improvements whlle.maintaining.theability to effectively, ! navigate through, politicallysensitivee6lronments.,Georildhas managed capltal i projects over '.�S100M He. 'has experience' 'in `bud get preparation. and E.D D C A,Td ON maintenance,. •:negotlatlons, :erganiiation 'development, grant` funding, •and 85 civil Englneering projed management. He -,Is co-m' mltted t0 serving the needs of the Client through. .Callfornli state'Universliy, Long Beach strong leadership and a collaborative, approach: i Santa Ana Advariced Leadership - - - - DevelopmenfProgram P'0 o'J cc'r .g P E c 1 r, 1 C E 8 P E R 19 N_ C.E santa Ana Public Business Management i City Engineer Program ! 2012-Present. IriterWesi Consulting Group REGISTRATIONS ( Provides project management for the construction of the municipal public Works C E A T I F ['CA 'T,I O N S I projects.,0versees assigned projects to •ensure co re "CA Registered dull Engineer)25i62, and budget parameters for the project. Prepares operational,guldelmes.for, ICA Registered Traffic Engineer14g5 I subordinate divisions and inonito'rsre"sponse.,Preparesthe'Ui5ital lmprovemerit Progralri budget for local agencies: Resporids to, public or other inquiries relative - a w A ci o s president, aubilc Worksassod Association to eng ineerin cies and .procedur : g :policies on specific projects ,and other :Callfernla chapter, 2010 •information: Evaluates issues and'options reg2rding municipal public works and . ;Government Leader ii%toe Year makes recommendations Review5and prepares condition ofapprovel far private Amedcan5or}ety of Civil Engineers 2002 development ,projects Seines as a member of :the department ;head's Top Public Vic, ks teaderofthe Year I management team and communicates key organizational issues to staff. APWcA2000 City Er ?,tbllc Works Memtier—Techncil Steedng6mWitee OCTA 2010-2011' ! :1984.2012, • Oty.of Santa Aria Responsible for Engineering Division of Public Works department encompassing; deslgry traffic; construction acid -development services. -'Lead team of 50 In ! ! desigrilhg and constructing over $100M in annual capita! Improvement projects: iNegotlated consultant agreements,. resolved' Conflicts with private developers, i and "contractors, and partnered with,local and reglonal agencies -to l' pir;& e. transportation facilities Secured grant funding for -capital improvements. Investigated and responded to Council and citizen, 'lnqulries. Delivered' presentations to City Council, Planning, Environmental, and Transportation: Advisory,CommiUees.. Facilitated: project management and public speaking F training for siaff lnall'four. P.6blic; Worksdivisions., .FEEL'EC.TED:AC,GOMPLISHIVIENTS Completed Santa Ana's single largest public Investment in history for $100M in . resideptial street repairs Partnered with bond_ counsel and_ financial consultants to flnance tdom in *bonds for project funding, !ManSged,iorn tiuctlon:of $200M+ of major facility protects through_ use.of _ •traditional design bid -build, design -build, and program manager at -risk' approaches .to •project management. Projects_ Included $23M Public Mrks, 'Corporate'Yard,'$110M.PoIIce Administration and:Detention•Faclllty,. new -City Hall annex, and park; fire station; and library improvement. - Coordinated. traffic; land use,'and infrastructure improvements for10M Sq:Ft,' .In'total development projects.. ' = 'Lead teawof consultants ln•conducting ccriceptual engineering, alternative analysis and'preparation' of enviionmerital document for' a fixed_ guldeway est{mated to cost $1wM. Page 27 25F-79 INT5RW,EST 3Nw w,. I nfe rw a at a rp.-. a am, treated - and chaired statewIdetaskf6rceAo develop mod6l ordinance for trench cut fees, whlch�s approv.4bV_.Leag'ue_of,CA Cities, and enabled full cost 'recovery., Spearti acled Mayor's Task Force on;Traffic and Tran sportation th6t 06ated. report o -transportation vision for.arterlakresiidentiaf sireets,'freeWay/traiisit, and geo%Wth n1anag6m§At Funded 52M in annual maintenance and •miinajement costs 46r. City's •0'f Stormwater Pollalon Preve6ti.ri rogrim'by,&eiting federal Clian,,Water Eiiferpr'ise_:_ i . Maxmized efficlencles thmugh new technology implementations Including state-of-the-ut' traffic,op-&EIVoni cdfitir',to:minage 2g6'traWsignils,zincl advanced domputer-aldiicl-deilgr; Reduced ,contingency costs Ao' 'less than 4_%: on construction prbjdcts by improving construction plans and hclalrig 6est-wniir4aloi}l r'eeilrigs after e'ach, pr6jeci: to Identify areas for future continuous impr ovements,_ City Traffic Engineer 119854988City- oF Santa Ana'] CA Managed Transpqrtatlb . n .*partrr'fe_nt Y;h6 cdrislstEd pf•24•emplo ..yees, I Reviewed and coordinated prMate.develoiimbritwlth other.Ctty agencies: Served 'dsSecretary onptYsTransportation Akd'vis'or.yCommittee. Transportation ransoortatidn Developmehl: Enifine-er 1984 , -1984 Citypf iiaiita-Ana, 'Securedledual, ifatei and local griints'icir tiansportat'lon prblects,',Or6pared conditions for private -development' t- a,pprovai; -rnhna*g"e,d traffic ;siUdV prepkation; and worked with fieighbqrho6cl associates to manage traffic He led a team of eight employies and pirophred a Capital Improvement Program. Project Engineer 1981-1984 -Willclag-Assoclites pevelooed project objectives. i by'rev iewng:projeci. prop9sals and plans and - 1, . - - ,conferred with" management. Reiponsiblei fdr, Identifying project 'phases and elements,; e ments,, and assfghin-gPersohn el as:wei,l awevlo�viinjfiids from - contractors. Determine'd 'project spled6ations' by studyi6g p_rbdLTct.Aesigfi, customer requirements, - and perfom6ncei stairidar�di;, iompl6fed 4ec'hnlcal studies; prepared cost' estlmzites. lliteimlnied and malnialnid prblici schedule;, Cohflrmecl.Oroduci performance by, desighing-'anci conductingtists. C . ontrolled iirojkt'iilan and costs. -Prepared projects status iep6rts. Assoclate.Engineer . 1974-1 1 981 ciiy pf San Juiii C . a;ilitra66 I v . . ; ,Performed' professional and teclinic.01 engineering work in design, land devel6prn - ent, 'an , d :capital improve . merits. ­ Designed, and prepared plans for, and the genera - I p . ubli . c,Developed . revised desgd paKconstruction itindirds for public Work . s . structures - . and - appurfen�46ces. - 5 . erved . as�cionikciion inspector to ensure - compliance on .city . projects, subdivisions and: encroachments.Investigated field problems affecting K'oIertV owners, coniractors, and maintenance operations resolved or referred problems as appropriate.nal -and Administered 'contracts, coordinated 'and "reviewed the work of 'outside consultants, ancilmade rec6mriiifidatki6i. Senlor Engineer Asslitant 1971-19ALos Angeles County .6e te rmined engineering requirements. Resolved engineering proble-firii. Verified 'applications, "applicatioMaintained_' -project team -accomplishments . _ by communicating essential' Iqfo_fmatio_n,'.Met E.6st, itan.daMs by, preparing 66_st= benefit analyses rPade2'8 25F-80 l '.LaBdWdq ZMQ!OtS;•PS Plan Check Engineer j ProJecl:Engine®i J;Cons4nictlon Manager I.NTERWEST C O k15_'l1 Lj I N G. Ludwig has over 40 years ,of experience In the clJil ;engineering profession, GROUP i inciudingl5;yearsin.thepublic sector, and over 25years.with private'consuI',- www.lntorwoslgrry.eoin. I firms servingpublic entities andprivatelandilevelopers., 1P_ itodEC"T S'PEC1IF IC E•X.P'E R I ESN C: E' I t Senioi',Project Manager, E o u C A,T) o N: 2017-Present InterWestConsulting Group BSCMIEngineering• •I eallfornlastateunMerslry;.Long Beach it Ludwig provided Design and Construction Manag&nblit for various. — I transportatlon:and parks'Capital Improvers en4 projects;with the City of Costa' Command & Genetalsta8.College, Mesa as a consulting engineer: He was the construction manager and resident. Ft. Leavemonh, R5, u,s. Army ( engine'erresponsible forS;Con struction projects with budgets ganging from'$1M R E G I s it R A i i o Fi s. i to $5M. Each of these were delivered within' budget.and qn time., His design PE R T I F I L a T l 0 N,@ 1 'experience was a150 instrumental In OVefSeeieg the design of 3 transportation Reglstered CIVII Englneer, CAI 3722i I projects, which iverre produced to meet a'challengmg schi 4u'le`leading to timely • Registered Civil Engineer; Nv 11ilos bidding and start of construction. Reglstered Civil Englneer; A2 128642 President I Senior Project Manager 2003-2016 GHD l Winzler&'Kelly'- Norris=Repke .a e o F E s s I o N a L 1.6 ' 'A .At .Norris -Re ke Ludwi s- rirria "du �" P �. p. ty was to :oversee: alr departmental F F I L I A S - -ry. functions of the' corporation. He managed capital Improvement projects private. Member, AmencanPublic Works development and re developltient projects, and supported the "oper &ns Awoclatlon (ARWA) marketing needs of the firm:. - ndember,Amedcansocieryo(clvll E) i Engfneers,(ASCE) � In2009 Mr,Smeetsandhis3-artnerssoldthefirmtoWinzler&Kell and.three r _ . P Y. Member NiilonalEnginyrs years later.tlie firm was sold again to GHD..Throughout these shifts in ownershlp, professlonal.Engineen Ludwig continued to manage numerous public works improvement protects Including arterlal'highway projects for the.Gtles of Villa Park, Westminster,, nAembei, sodety otamerlcan Military' -Engineers. Irvine, Inglewood,;Lynwood Stanton; Rancho Cucamonga, Tustin'Costa Mesa, .. ,. , _ County of Los Angeles, San Gabriel; Moreno Valley; and the City.of Placentia, Buena Park, Anaheirn,'Downey,.Plco,Rivera, as well as the Por ,of Long Beach, Port of'San Diego; City of Chula'Vista, LakerElsinore,-'and,the div ol` San Diego.. These projects included coordination and/or the management of other sub- ( consultants funding applications (Including'OCTA and ,Caltrans) environmental documentation, right of way'acquisltlons, and construction administration and Ij inspection Additional public works experience Include",exte .. ve plan checking of plans -completed. by other sub consultants 6r other'In house design teams,: managing pavement rehabilitation projects;•preparatloti of hydrology studies, j Water„Quality Management Plans NPDES compliance studies and"rseveraU prolect stud.16 and reports for various agencies.. 1 Engineering Manager' 1994-2003NpointAssdciates'I'm l After26 years.in Southern•Callfomia, Ludwig moved fo'Las•Vegas, Nevada and' joined Vpolnt. During his yeirs'Infhe Nevada area, he was involved in.one .of the .largest development,"increases In' the ,country, Including the project management of three large master planned comrnunities-`1,iOD acre McDonald Ranch,, the .660 acre Sunset Greens, the .2,000-acre Lake_ , Las 'Vegas, . plus casino/hotel tieJelopmenk, sewer: system- expansions, the "Vegas _Las. transportation beltway design and construction management ,of'various projects, and.numerous other developments ln'Northern Nevada. 'His,clientele included many private'deveiopdrs plus the 'Cities -of UsI:Vegas; Henderson;. Pahrump; Mesquite, Clark CountyL+and the 'Gty of -Keno. The private Page 29 25F-81 4 3N11RWE 11 N� CokUCT.IC, .GROUP - Yf "d fit a rw 0 i to FP..p oin ;dgve!o'p'rrfdni'w6ik'incILid6d'allapprovals and meeting all requirements leading. to full entitlements forthia.propoliis in queition. Public Serviceis bIrect6ir, 1,Senlordvil Eirigineei- 1991-199 4 City of Whi6e' ' 'r After the Whittier Earthquake, 'LudyA , g foln-edth6 City of Wihittiiii and-6nduto6k responsibility,for thi' Eart*fiqba k_e'D'a'_n age-'Re'ia`t.e_ d I ip' ro-Veme n-t Projicts, -which in-cluded1h ,e repair of . all damaged . Infrzisbuctuire wlthln­ihieicity, limits: In thLjr position, he was responsible for the Irrim-ecilate'repair and r6consiruction.ofjfie cjty�sclarriaj6d.ivater system, ai�d*ihb additional-iiW'fair' the ,City's I Lar idfi1 11 .pans on.Pro ram.Dudni serving'the i _Ihi.thre6yea�s se 'the City; Ludwig. 6 m-plete-cl 9 all'earthquake -damage-related !,Improvement projqcM'and.,'expanjed 'the' Whittier Lem,dfljl:by jiearly,300acr'es.,, 61reitoroi En.glneerIng,j Mcd . President. .1985-1991 fait' i 4soci2ies During his f. ve year's with the firm, Ludhlj managed both survey'and engineering teams •anc' completed projects, ranging from residential and .6§mm6rcl'al development iocll:cdmpany'relat - ed 'W"O ilk. He a �iio obtailfiedthe 6npovs'first municipalagency projects:. Ludwig also `66jan, his ex,periericovoiking 66.0rivate divelopri'lents, multiple: ple: :reglde6tla'l and.'commenclall subdivisions, e6titles, tract and parcel'maps,, from de'v'elopmen . t review . application through full private -and "nformifigpUtilk Co re and with Improvements psriiqul d,. Wth66Subdivision Maj5Act and a developu reme'' within li' all development requirements:' ' nt�.'Ini:Mcled, h -t e work to approval was obtaining .'environmental iippiovali with th C . EQA:and NE I PA; a nd 'the Coastal Cc mmisslo6,'(f applicable. Designer I Project Engineer I Associate Engineer 1972-1484 City of Fullerton While attending dijfitsc'ho'o*lat'Cal,St&eAofig Beach and -working for'Fullerton .durfng the da,j,, Ludwig became proflcient in. roadway and arterial ral highway, desIg6, as well as sewer,and storm drairi design for numerous. -Projects. As:an d obtaining the Associate'Engineer,,Ludwig provi ed full Project prellmlnary 'engineerinj. through '!final Projed acceptance of two grade ,separation, projects —Ahe Lerifon Street Underpass and the Gilbert Undetpaii; both grade separations undir the - UP and - SF Railway Iiiiiis through the.,City of Fullerton'.' Ludliwig worked rk6d - .closely with 5 p'on'sLil,t'afi't.te,aftis,"ihe-'.City,'i sur*VeY9 r, design - iea' — h im, inspection team, the rig t-pf-miay agents and the rillroadi. IlVlilltary Service 1970-2004 U.S. Marine c6r,ps I V,5: Aimy ReseNe In addition to, 2 yeari:iis an active:d6ty,drift6idn.thi,Mar!6e :Corps during Vietnam, Ciuclikig has worked for' over years as military reservist, engineering and artillery qfflE4.: - WhIld'he, commanded, combat 5fins . t . *Os * - . d units, . . h planned ai�d.ekeciited-rUrY)e'rous" -opgraitlonal'ex7ercis'es,by c6mpleilng'3everal active duN t - burs.aAd deployingfor'up to 13 in . onths.to various U.S: and NATO operations ar'ound, the world, including Ri6publijc of Koreii,(1984 .'1985;,1989, 19k,. 1994), Panama Norwa . y Q?98 '.Bos . nx/r Herzegoviqa ,(199S), Germany (1982 ah4.1994), Kuwalt Ukraine and Russia'(2001 & 204).-M d fetired-Liduteninf 6lonei ln',th6 U.Sekmy Reserve, . - very -Ki - - ' - - Ludwig feels very confident I - n is - �,MaNgenenf of personnel and the resources associated therewith: fl�ie experlerice has been most beneficial and has'caurled i into his private care.ir.zs well... Page io 25F-82 i Kamran Saber, PF, QSD/QSP ! Plan Review Engine®r) Project Manager i WEST ( Kamran hasover30yearsofexperlenceinthedeslgnandmanagementofmajor ation eng(neer(ng, hydraulic, hydrology, cost I estimating, contract specifications, canstructab(lity analysis, peer reviews, writing, RFP preparation, Construction management and support services. Kamran has a broad � background in CIP management, planning, design and construction on a wide r 1 o N variety of projects Including land development, street Improvement and sewer and storm drain studies and design, grading and drainage. experience in project/resource I management and Total Quality Management, and is a Certified Facilitator. ise In federally and state funded Temmn projects through his work managing over 100 federally funded projects throughout his career. es of Covina, Placentia, Villa Park, San Gabriel, and the Town of Yucca Valley. Below Is ctldaner just a selection of the many projects Kamran has worked on. QSO/QSPI ROADWAYS 8 MUNICIPAL PROJECT EXPERIENCE of Campton, Compton, CA, 2015 — Protect Manager and Pavement Engineer for the reconstruction of Central Avenue from 131st Street to Compton Boulevard to address roadway (APWA) rehabilitation needs in an expedited manner. The project consisted of two s (SAVE) segments: Segment 1 from 131st Street to Rosecrans Avenue and Segment 2 from Rosecrans Avenue to Compton Boulevard. An innovative low impact development (LID) approach was selected for the pavement rehabilitation (SAME) ! consisting of 2-Inch ARHM over 4-Inch in -situ recycled asphalt (Cold Central Plant (Rn50) Depth Reclamation (FDR). Ninety percent of the proposed structural section was recycled from the existing road materials with no material hauled out from the project. San Gabriel Boulevard Rehabilitation, Mission Drive to Las Tunas Drive, City of San Gabriel, San Gabriel, CA, 2010—Project Manager and Construction Manager for the 1.5-mile rehabilitation of San Gabriel Boulevard In the heart of the City of San Gabriel. The project Included rehabilitation of pavement using the cost � saving method of Full Depth Reclamation (FOR) with the construction cost of approximately $1.41M. Project included pavement rehabilitation and reconstruction, reconstruction of centerline to increase cross fall and to Improve crass drainage, curb, gutter and sidewalk repair, addition of gutter plate where i missing, addition of cross gutters where missing or nonfunction(ng, addition and/or upgrading of curb ramp and reconstruction of damaged driveway aprons. The project design Included water quality green feature such as permeable concrete gutters. Maple Avenue Roadway Rehabilitation Project, City of El Segundo, El Segundo, CA, 2012 — Protect Manager responsible for the preparation of plans, specifications, and estimate (PS&E) and management of the design staff, survey crews and sub consultants; Landscape Architect, and Geotechnical. Kamran performed QA/QC, prepared project specifications and cost estimates, and coordinated the project with various City departments (Water, Planning, Maintenance, landscaping, and sewer). The main objectives of the project were rehabilitation of existing pavement, extensive drainage improvements, EDUCA MS., Civil California State University, BS., Civil Polytechnic American Public Works Association Society of American Value Engineer Railroad Assoclation of Southern Page 31 25F-83 INTERW EST :i:bNgVT I �'d '600 . UP w I wvf. I ntdrw BE to rp. coin Installation of landscaped median, sidewalks; and installation.of fiasKlng red. lights at'mid -block crossings, public outreach and :,'' - - �fDx-ra MP-S.T�, '-a"sign.and' construction completedete withn schid6le and bud&L West , - Roses R_od Reha—b-'iliti-tl-ofi',M.lss16h,b'A_ve-tQDel.oa'r.A'Ve-.fiue,-C'lfk .bf San Ga6r1eikan Gabriel, CA, 2016— Project, Manager for the 61plah�,�pecifjcatlons, and estimate, (PS&E).anj c_nstructlon-managenent of j,666 iin6rf6et of c6llectorioadwiy: P616ct lneludia_li6v&nent 4fiabilititiofi, curb, . gutter and sidewalk repair, addklD'nI6f,.guit&plat6 Where - ffifssing,,addld6r of, cross gutters; additi6n of curb ramps reconstruction of1dama ed driveway,p 9 Afterial k6hibilitbtion Pr6licts and Annual Street fiesu I 4idng projects, 61ty-of" i.akei ibrist, lake Forest, CA, kdi Peole'd M4rfgg& for the*eparaticin Of p6ris; ilpecIfications, and estjmate'(,PS&E)Idr the:Clty, of Like Fo_re's,t`s:ann6al street resurfacing projects, as well as 'th-i cleilghfor Arterial Hlgh�viy. Rehabilitation Projects (A H I RP).aloing,Murlands. Bo'dlevar_d`,'El Toro 'Road;..ah.d, mnchogq'nialviariaiitaParkway. h__ - 1. These projects lhvbMid pMniihi msurfailn' usIng"hub'be'rized' asphalt,' ' , 1 -1 11" , - " _,", 9 slurry sea ng.,adjusting manholes. -and monument preservation, restriping and the'lhsFtallkioh.dlo66,8j�Lct , --ors. RA I L I TRANSIT tP Ij 6 U f ff k, p f2R I E N C E Met - roilInk Station, . Chi .01`.COvinza, Covina; CA, 2 big m- Civil b esl'p Mahajei and Construction Manager responsible for, the pro posed stat,on desgn Improrvemen.ts at. the Metrollnk 'Station 'in 'Covina; California. Prol3osed a�kinj Impr?viments ;Included p;r6halbliltation, lllghilng; ilgna g6", sloping, , , landscape , � . - - , e rI.-. - irrigation, traffic signal and entrance lmlirovdment., Bradford' Avenue -Pedesirlarf aridge :over BNSF tfacks, 'Al - 6ineda 'Corridor Transportation ' Autlhority (AC'TA), Placentia, 6A, 2oog— P ' ioject Manager ior-this -federally fufidid project lnvol�ed extensive negotlaI t on and coordination with Railroad Company and adlac'ent,K'B'H6rhs"d'dv-eloOrneni.,'Pro'j'ett- Invo)'vdcl executing the'signed. Interm6dal Container Transfee.racility,(ICrF)'Jolht.Powers� Authority,,(jM) :Wlth ih;,AaIl`rmd'Co_`mpa`ny fo'r .- construction . I 4asernin,fs .04r Ca.hrpn4 guidelines; securing rigiii-of-Way and iasements,_from die . velb . pe - r, obtaining - . - " - ' - ­ and obtaining State and Federal apprdv6i'(p_�s.),lo proceed With construction.. P e :Establishment of Cldlet Zane Alopg BNSF Tracks, Placentia, CA; 2008'=.Project Wfagereesponsible for ikojidng with BNSF and Fbderal.Aallr . oad Administration .(FRA) to establish the Clulet Zohe (CiZ) in the'.0ty, of Plhce6tia. Thi,pi6jkt also 16volved construction improvements . of Impemd6is at �tIH6 gj,x. crossings -per . FR , A requirements and 'standards, as will: as new;advanced ttafn warning and relay systems by BNSR �GRA.wk' SEPARATIONS Pii6jtO,'r 6)jp,'kjt.j e N C.E M66tibello/UnI66' Pacll�ii.;Ralli6ad I( . UPRR) Corrido? . • 3radj: 'geparail6n: 'Feasibility StudV, Repoit, City -of.Montebello,,'MontebellO,' 'CA;'2014 _=Task M'anageiresponsible for developing agrade "separated corridor `along _UPR'R('L'6s Ag6lbs:Subdivls!6) and'consldiWl6j various.a6rr�tivesori ' dud'ing,:6 comple't e- tri6ch,,O'ar6l trench and individual grade separations' . at F&te6ello Do6levQ,_ :Greenwood Avende, 'id - aple A - venu6 and ValvAvenue. The developtng conceptual plans In,a-ccordah-_ce- ,with ' U PRRan'd,AREMAstandqNs6s well as cost estimates. Close coordination , wit'hthd,C-itV-OfMoh,tib-el'lo,•Alime-da ,Corridor East ConstrOctibn Author-itV-,_UPR'R.and _CPUC Was a q0tical'part'of the project which required timely concept apprqvA 25F-84 Page 32, SR 7101Gap Alternatives, Los: Angeles County Metropolitan Transportation i Authority, Los Angeles, CA, 201420I Task Manager (JMD Inc) responsible for :developing light rail transit, railroad and, -Transportation System INTERW,ESi' Management/Transporatioh De nandManagement(T. .6MJalternativesfor. G INTERW,NG the nearly five.mile long freeway g`ap between) 'Interstate 10 (Los GROUP Angeles%AlFambra),andlnterstate230.(Pasadena).lCamran.wasresporsiblefor iyaivr.ln t erve e s t g r p.eo m, ` .and Intersection alignments to address local, needsand'liot spots through the', cities -of Los Angeles, Alharnbra, Souih Pasadena and' -Pasadena. LRT.an, d track. f alignmenfplans.were designed in accordance with LAIMetro, as welLas UPRR: and AREMA standards respeclvely Cost estimating of each alternative was afso pravlded. Including the development of an environmental document' for the I project._Kamran was responsible for facilitating.close.coordinatlon,tidith the' I Gties,,UP,RRand_ C_PUCtoobta'in,reviewsandeonceptiial'approyalsjn:atimely i m rier. Page 3d 25F-85 5' Erik upadyke, #E' Plan Revietnr Engineer, l.'Projeot Manager, INTERWEST Eriklsaregisteredcivilengineerwithover20yearsofekperlence,Hehasworked, I ' C O N S U LTI N G in the Los 'Angeies County_Depart' nt of Public Works irf 6 number of Divisions;. GROUP' including Road Maintenance, Design, and Construction: During that time -he. W vi rianterw a.'stUr,p.cam' oversaw numerousprojects and supervised project engineers Erfk has acted as, i atechnical'advisor.for:a.number;of, countleS'. and cities throughout Southern;' Callfornla,on material properties;!Over the last decade, he has.also been.a speaker at conferences on pavement preservation and asphalt studies. E.D U CA T. I.ON P;RV F E,$_$ I O N AL dX.P E.aI kii CE M.BA, I Ca_iifgrniastate_Unlvers_lfy;Longeeach' Sehlor Civil Engineer 2018-Present' InteiwestConsultingGroup, e Universvfl ity of ninering . university of Maine. -: E6cleWersen-fneerin sericestolnterwest's Southern'Califomia cl(ent5, .. .-g _ 8 .., . _ _ Orono; 14E Serilor Chill Engineer A.S., .'civil Engineering TE�hnology. 1996 2018 IADert pament of P_ubllc .Alhambra, CA _ Works I University or Maine As'the Senior Civi 6gineee in ih6!Co6strucfi6n'Division, Erik.supervised,and, Orono; ME managed two units, Specifications, and, Environmental Compliance. The R E'a 1 5 T R A T I a N 5 _ Specifications Unit prepared various contract documents Including special C E R T I. F I C A' T I.o.N 5 I provisions, and administered the adve7tlsementand bid opening processes. The R?glstered civil Engineer,CA I N41197 I Environmental .Compliance. Unit performed and adininistered,project-related 'Registered Civil Erglneeg ME 165587 environmental compliaocesuch asStorm Water; lead based paint asliestos,.and treated wood waste: He developed and wrote numerous standard special A f f I L'i A,T 1 d.N s provislon's to supplement ithe.-Standard' 5pecificitions for Public Works '&enbook Committee of Publlc Works Construction. Erik personally prepared special provisions, and other -contract _ Standard;, Inc. jI documents for numerous large and complex projects. APWA Cc, Chair I Civil EnglneerlE 1995-1996 LA County Department of Public Works, I Alhambra, CA. ,AD o 1 i lb N n L E it E R i'e ni o e � Enk, While working in the Construction Division; assisted project inspectors with CIO EnglneeringAssistantjCEA) I I inspection of ibddWay resUrfacing'and associated improvement' projects, and senlor'CEAI supervlsingeEA Los Angelescouoty I ;Served as -the Resident Engineer/Inspector on a siinilar,prcject on Manhattan _Department of Puolk Works Beach Boulevard In tfi e,Cl of Manhattan Beach.Whiieintheoffice,hepre ared ' ty P� �P ._ 1992-19e7 special. prOVisi _ i,speclficitiansj and Other contract. ildcUments-folf'vaelous I types of linear construction projects reviewed contract docurents prepared by. two or three spedficatian writers and supervised up to five people, Erik oversaw section functions, iincluding. contract :document preparation, reproduction, addenda'is;uence, and bid openings: ;Supervising'Clvfl E6gineei'I Civil Engineei II 'i .1989-1995 LA CountypepartmentofPubliciWorks I Alharnbra,.CA As -the SuPervising Engineer in the,Design,Division, Erikrevlewed plans and estimates for roadway reconstruction and store -,drain systems.prepared by private consultants. He managed co"nsuftant.desigo contracts from request for I proposalsfhrough.completion.AitheIevelofCivilEngineerI];Erik supervlsedup .to three peojiict engineers. Supervising CEA' I 'Su_ pervlsing.'Civil Engineei 1987-1989 CA County Department of public Works I Alhambra; CA Erik Was the Project,Engirieer for various roadway resurfacing, reconstructlon, and widening projects. He supervised three design engineers as well as reviewed and stamped plans,and estimates. Page 34. 25F-86 INTBRWEST C 6 N SAT I F4 G'R'01 .0 P. w#W, I'" to_rw 6.s,i a rp.p 0 in E DJU CAT ION Wistirs of.§Cleeiiie, CMI Eng1h6eiing •R EG'1 STIR A i I O,N S- R-T It I CAT I ON S- Reilitered Profisslo"I Chil Engineer! .cA 94295a .Training In Caltiam LAPM'Progmm Sudi'Shoj"a,ft Plan Fieew 1 En- [no-eir PTpidet Manaiiii6i, . y,- I Sudl is a t'e'a'm-oriented,'Public',Worki leader with ,yeairg of valuable.municipal experlence. She deFn(instrafes,adi6in[str'ativ"e IeideirihlpIuItn - 'iple'divisl6ni of , Public. Works idepart6nts and exhibiti strong skIIIs'In.'c6lIaboratI6n.and 6fient service. Sudi has high -energy„ js resuliO'Heniid and hithly mbilv6 ' d ted and, has a .proven tr6ck.reiord of,pr6vicling,ConitftiEtlon Management on Many award - winning :municipal . il�iil . 0 . rojects. - Through - out . her career she he - s represented ffiunlclp . allti . as an . d led the relatlonships and nejotlatibns'riesulting 16-Coun _ t y . ,wide 'collab . orations `with' with . , numerous - regidnal planning agencies sucfifas_: Transit 6jstrIct,'C6Iftans;,AssoiwtI6fi of Goviirnments, ,School Districts, Water aihd Sa , nitatloh Districts, and joinf-po'Wer authorities. In addition;Sucll has . a . history ofse-c - u_ring: and Implement! 'types rig illof Fiidiral and ,s state funding sources. PROJECT S'PECIFI C' EXPERIENCE - City Enginber/Deputy PW Director Cities of Laguna Woods; Vllfa,Oar & LAeForjst Worked ag.infirInn to fulfill theposItions as.needed, responsible for. -managing CIP, CC7rA & Caltrans'funded projdctt,,,codttadt-rhanagdmbnt, staff. Fel5pns,. grants, Inspection,arid other related . work. City Engirieer/Asilstdrit Director of Engiihe&lrig City gf.Visti ' Responsible for th-i budgeting, scheduling a9dirinplemeintation of the annual$60 I m i I I I o n Vista Cl P P rogra m with a staff *Of, 2-5 .-on v'-a.r'i ciiis-1kin',d ofstreet, sitreet, parks and 'fiicility-'Improvement pr6jebts. Responsible 'for supervision of design and construction Inspection tea msjdft Of thi leadership manag ement team overseeing $110 million of seWer system lrnpro'iemenifln'cluding rite Increase efforts, design and Maintenance. Represented the Cityan'd led the relationships and negotiatlons multing'In County wide.c6llaborations,with numerous regional' and local. org6nlzatlon and planning agencies . such as, Caltraiis, San Diego AssocIatjo6-of'G6Vemmeftt, N6rth County Transit District, .and,Vlsta Unified :School District, Vista lirligati . on Dis.trict,'Encipa Wastewater Auth - crity. - We . ntifled ,and successfully secured multiple annual grants to fund sewer CIP projects that resulted In conversion of staff charges from general'Onds to - interiiris6_ f uncls". Performed initiation -and impe lemtion,o 'seVeral.keyprcgrams for the City such as 'a city -Wile GIS DIVIS and :paVeffiefivranagbment prograM, Responsibilities lixIddid management of all Professional agreements for the department and staff -supervision: Additional services,pr6ld'ed were daily management of traffic engineering,,, storm-water-waterriig0latl6n and construction management/inspection - - -divisions for CIP - pr6gram and' . commimi . hI and resIdentlal'developmem. .Construction Manager City of Huntington Bea& 'Manager of the Citys •Construction Management- Section that included supervision of 15 staff mernberg._(.1066 begIhnl6g this as'signment she heeded to manage six construction lawsuit seitleni7 nls, ms on . sfibi e.i.or the delivery.of construction administration, surveying and Inspection,service - 5 for C1P program- and commercial and. resiclentlalinipiiiicfion.Soihe of 6eworkincluded extensive Oarks andsportsfacillty Impirove6idnits; a , nd street. arid -sid - eWalk m - ainfefiance projects, . beach' I front r - nixe(j-'Use'd�;-el6p;fient Tbblla'.T'eieS beve16' , oment.' * sewer lift stations; Water and sewer lind Im'proVem_ ents and.lining; reservoirs; new and 'Page35 25F-87 Y INTERWEST -CONSULTING GROUP- tQ V b ! . W.16tor%vestaio-C,Om retrofit 6011ding,projects, �:She was-Wso,resp!qnslbl6 fcirmanbgemerit 6f;grant funding during . the construction . phase, -Mcl' for l6ple6b I ntatio n of: H I abilffy .. , . .1 - z — -, , � f -d - ''d - ". .1 preventlon measurese eraI ,.state and othe-ra'g-enc-y'jreg-ulations,an bustoM& ,se , rvic:e.Aa'S'6d ext-e'riW6 intera*ction'Wlth'odtside,age"n6lei,iha ov ht cif con i ro t4eJFp'r6j4cts W-Ithin'the-0 was r6sonMW Poi' cipaI06y 10 1 .11 1 1 Cli-Y 4eveloii.mont,pidjects; Aisbclati Engineer, Conitructio-h Engineering lbiy,bf sanii Ana Projeama.naiei'andContriitAdrrii6iiiratdr?orth6tltYsle6nitiu6ti6norojecii ,an.d '16sp-ictlon of',6o"mme'r-clal and risidentlal developm&ii. Cbnstru6tlo*n Manager for " the $120 milli6n'p6116eAdministration 'duliding and Jail *Fa'c'll!tY that' including the e6ergency operation center and a parking structure and the $16 million Gra6clCentral Art Centerproject. _ Performed Budgeting claim resolution„ .investigation and 'respohsd: to interrop'toh"es, clepositl6ris- and sbfflmeint, negotiations. Made mcommErida . tio6s for cVnstFUd16n contract bidi*t 1 6 - Co - u . 6 . c1l, 7legotlitIdn"of mbrilto-ring,bu - dget'ancl dhange.ord - art., 'Initlated-a-n incentive pfaifatn'f6rinspecti�rs'that,save'd"m"on-e- -raidi boosted m6r6le, aiilsi�a.w * y. n with, annual budget Rn�. esiPblisfietl a'-fina.A.cial reliorting.systern for tricking;budget,. grant funding and staff time.. As.i6clabi 691neif,Design -Engineering Proiddt Mana er1dr.clesign and:construct16 of various CIP�.pr6jefts'fdr street, _8..- .6 Wlclenin-8--*d Utility,improvernints*and also IftWed consultant. cdWaci` admifilitration. DeWered qualify Orojectswith mlnIM616hange ofc1iii f6isveet lmproVeftients,- . signage, fire stations and .other building ,:facility I , proje . c . ts.,'Also clevel6ped a'citywlcliAIJA transition plan; 16 addition to numerous projects she. su6cessfully,c6inPlef6d theevelo:pme,nt plan and -conceptual: deiiin of $i2i million, 'Fire Tpinin,g"Center, design a' development. of 4*23--paEfi 'parking, structure and %�Idening Oan of Bristol Street. . I . - — - I I . - - Page 46, PWI&OTOO, 4 1 :Ciao Lo:Mffler PE . Plan Revietili'Eggineer,l ProJeo4rManager. :INTERWEST i Geryhas'more.' than four decades of muricipal'eriginceingexperiencewithin b0'NSoL'TING j boththeprlvifeandpublicsector::Thabackgroundhasgivenhirnstrong,hands-• G R O U P on er jfineering and management,skdis working on local, regional, and Caltrims 4www. IritorwestgrD�Dom i projects: His past responsibilities have:included engineering and management; and the preparation 'of -plans,' specifications, and estimates:for riiajor'arterial roadways, Interchange.ramps, anddreeway Improvements. Gary;has extensive experience assisting cities and local agencies Inthe use of federal; state, and local E o U c A T I'D N reimbursemssent,funds and'the proceof'federally fundedprajects through the -B.S.;Gvll Engineering 'California state Unleerslty;Long Beach. r - — - ' Local Assistance Branch of Caltrans'Dlstricts7�and:12; G,ai�!s.caree�•of quality projects was acknowledged when 'he- was. awarded the '2014 `Lifetime ., B.Ec I s•r a a'r I o Ns Achievement in Civil Engineering award from the Orahge; County Branch of.tha c:E ar I F i ca r i o N s Licensed Civil Engtneer,'CA 1 897 ! Anierlcan Sodety'oj Civil Englneers.aod the:2014 Outstsriding Engineer Me It Award from'the Orange County,EnglneeringCooncil. I H O'NO FtS' tPROJ1E _CT SPECIFIC E'XPE6IE11C'E . Lifendma Achievenienl ln.CWl1 Engineedng,ASCE`orebgeCbunry'' I project,Eogineer - 2015-:Present InterwestConsulting6roup Brancfi, 2o14' Gary p'rovldes professional eoginaeringse Int. r st;clfents: outstanding Engineer Merit Award, .i 'to •6rangecountyeng1neer1ng Ccuh6I Mce President_ —Principal I Project; Engineer I Project Manager 'A,F F I L I. A.T.1 60 1983-2015 � RBF Consulting/Mlchael Baker Co. Airport consulmAtscouncil(ACC), l 1n this position, .Gary.was responsible for,projact oversight from Inception to - Past Member completion, •managing the design, constriction management and Inspection ' phases;'He acted as the principal -in charge and Maincontact•for the cities he American Association of Ai 'EiiecutNas(AAAE),_Past Member served, 'atldressing concerns as they kose and 'ensuring productive and Amerlcan Pubilc Works Assocletion consistentcollaboration with clients..Below Is justa sampling of some of ,his '(APWA), Part Member noteworthy projects. .A' ricansocterypfcivilEngineers s sand Canyon Avenue Grade Separatioo.atMetrolink/BNSF:RailioadICitys (AscE), bast Member of Irvine I Project Manager I '2012 2015 I Provided design services; linstituteafrransportatlonEngineers l responsible for roadway layout structure, pump station,' railroad shoofly, ' (RE), Past Member' and dralgage design rallroadpermittingand coordinatton and survey and - ROW engineering: ! Metro Gold Line' Intern fodal Parking Facilities and Enhancements, ),Cities' ofArcadia,.Duarte, Irwindale; and Azusa I I'mject'Manager 120132015_'j_ This projec£'included sixtranslt station 'sites. -Washington Boulevard Restoration Project I City'of Commerce ('Project' Manager 12013-2015' j Managed the design services for:widening and reconstruction from.two through',lanes to threean!each direction. The roadway ;Is' to remain open, requiring extensive draffic handling ,',and coordinationwlth,the public and utilitiesi i Bairanoa Parkway,.Red Hill _Avenue Dyer.ltoad ImOrovements'I city of. I Irvine'I Project Manager 12013-1 The site improvements to these heavily- trafficked'lntersections requtred'�coordination with three cities and,many -other municipalities includingraliway authorities. .• Long Beach MuhicipaLAirport (LGB) Farking.5tructure,(Deslgn/Build) '.M Projectanager j 20072009 1 Acted as'.the civil,de-sign manager! for t-he PS&E for the constructfod of a'4,0.00 car parking -structure and realigned access roadway. .Long Beach Borilevard:Meiians'1,Gty of Long BeacR;j.P,roject Manager 1 2006 Page 37 25F-89 • Baldwin. PofkT!qnglt Linter Pirking'Siructure I Project `Manager 'j',2013'j imew 50.6 stall parking structure:and related l:rans!t4a6IIItljj to sjrvf ice,CitV, -INTER I WEST .-ElCamino Real and Avenida Pico intersection linOi6verpentsI CI(y,of-San - - -'( Clemente Protect ( Projiid :Mvajeir 2012 ' I " "-d Manage 'dislin; construction GROUP management, and Inspection �sbNlcees for thlslntirs�cklo gemkt. n, Improvernerit .. project consisting of 1;350ft..df roadway widening, pavement rdst&korl, ;wwwan ..!p rwe a tdrA; 6 o m traffic signal lmprovernehts,,;and ,a,"smiil brld — 't: ct... ru-, urel.crossing-oly.er ..P �e�dsii - ng protected wetlands:. Lawndale Varlous Sfreeti acid All'byi Design improvements f City i_Vt of Cawn0aj6J"PrIniiP5H;-*Char 2012 1 Teilgn services Include: roadway ' ' and drainage Im;5iov6mihtj and the cleVe-lo'pmen ' : ` of 'an alternative t - p@vq:n'entme'thod to address Wet subgradeanc - - djficafiia'ns'tad_ I 00 ­ - . .. _esignaind, kid package o acc mo budgetaN changes. 1. 1I . !atej. - - - • - Perimeter �rR6ad,lmlIi John"W!Tifee ed et i&rer�ents, john W4'6e Aljijo�,(SN4) i Johp Wayne J'h Airport 1 Princlpai-lh-Charge 2010-2615:1 Provide . d oversight of design services for Phase I & 11 on the reconstruction ofA,000 linear feet. of roadway: .1910 treei Aehabll M06 I CIty'bf Torrance I Pilincipal7ln-Charge';1 2009. • Carnegie Library ,Streeiscabe[mptciV.err enti/C6rrieS[6Library Landscape en RrpepTent Ag' -qy,I .-Project. , Mahager 2006 11ockiield 13pul6ard' stre e-tscape Master Plan I bty,6f LA6Forest. 'Priincipal-iii-Charge;1.2067-2609 'k I vided a,street-scIapem master . st-er plan and final cons�truitlon'PSii. The developm6nt of*thi-pfan mqufr6cl ext'ensive', community workshop In order to ldenitlfy clty goals 'and -:design ' cinema, . including decorative paving ;and a cohesive esive- landscape crhaiter. 6dri. 1- - oversaw a team, ofu.rban. designers, 'landscape architects, clvll:and traffid engineers and construction manag—e-ment 'a"ncl Ins'pe'd'lon . ]ser' yico for-4e ,Apple' Valley_Road 146hgnnient.and Widehinj- I-,T6wn of Apple V-alley:,j kncilpal-in-thargd:j'2665 1'R6adwaydeslgn'fPrt.W widening OC2.1nilles :of A 'I' L , Apple Road , adfroniYucca orna Road to Bear Valley.Road, North Long Beach Street Enhancement Program 'I .City., of L6ng'Beach I 1311nciRa'146,-Zharge 120,05 1 P-rovided program mahaj6men . iz4oversightwithin and engineering coordination for improvements the public_ rights -of - way the g Beach Redevelopment ProjectArea. "Oceanside Boulevard at Rancho . del Oro Dri �e-j Stirling Enterprises, LICA, Pmje�ctMarQer JiG66 I Managed' construction management, -preliminary - and Mal design,. PS&E, :amaljsls':revlewi, tleilg'n ... surveys, -topogrip . )h!6 mapping and utility investigations: 'ADD.LTI,04AL w.onx—e-iPErt-IENCE P�fpjectlinglftiee'r 1981-1983 . IGilberf Engineering, Protect Designer- I -Project En. glne6r 'City'of Nel"cri BehEh k6jea D6igner W&1979 City of Downey. IPage 382 25F-90 I MiitV ESTI CONSULTING. dkoop' www;intorvJ rp:eom E D-U (,A.T I.O N 'Management Practice Far Engineering & 'Technlcal Professlonals ; Unlveislty of 6llfomla llrvine;1993 Envlrenmenti l 0oinplla ece uffprnla State University, Fullerton, 2eD2 Sunerv1Sory Program, Citybf Irvine, 2002 Mike Lgvin- 'Storm Waier,Quality 6o6rdinat6r Mike Is a:publlc works professional wlt4'nearly SO year's of experrenceservi - municipalitie's,and public ag'encles.lncluding the Cities of.,irvine and Huntingtow Beach, the Los Angeles Harbor Department, and the Lgs'Angeies Department of Water and PDiver. During ails time,' Mike has.seen to the successful 'design and execution of many projects' as part of a team'.and in a management _role. Most recently, Mlke served 10years as the Water quality Administratorforthe City of �Irvinc P ROil F c T :SPEci Fi'd CxotHIBNCB Project' Manager 2017-prese6t Interwest Consulting Group Mikeprovides project management and construction+engineering services'to Interwest clients. Project' Manager' I Associate_ :Engineer ('Senior ,Engineer I Water Quality Administrator, 1985-2012 City of Irvine During his, nearly ao years with the City of Irvine, Mike held several tltles, starting out at a'project manager and working his way to Water QUelity Administrator, As a Project •Manager, Mike was in charge of the administiatlon of capital ImproVement,projeicts Including streets,'bridges, Iandscapjng traffkslgnals, storm:drains, buildings; and parks. He also pro vlded'pian reWew!6f street improvement projects and 'street.structural sections for public and private projects. He was.the City's project manager'forthe design/build of the Eastern Transportation Corridor SR 241 and SR 261. As' Water Quality: Administrator,., Mike acted' as the. ,Clty's representative :in meetings wlth'the Orange County;NPDES 6-:p6rmittees; the Santa Ana Regional Water Quality Control Board; therState Water'Resources,Coritrol Board' and In ahe'Newport Bay'Mafiagement Committee. He also served as' -an alternate representative. in Newport Bay, Executive Committee -,meetings. Mike :was responsible for -the preparation of the City's,annual Report of Waste Discharge' to the'Senta Ana.Reglonal Water,QualityControl Board;;as well as the:City's annual Local Implementation'Plan (LIP): ;He provided'outreath presehtatlonsto Various groups Including the ASCE,-BIA, property", rnanagers,'Rotary,-etc. He Was also'responsible for.training and coordination with all City departments -to ensure,'c( mpllance with .ail stormwater;polluton 'prevention requ(rements. Trainings Included ,but_ were' not limifed',to:.Water Board; audits, General Constructlon Permit compliance, fixed facilitiesmaintenance, project management and, engineering; and code enforcement for existing faciiiiies. Mike also cc- g1ted'with City-Attbmey,andtiutside public a6d,priVaie 24torneys-as necessaryon Waferguality, lssUespertoining?o;NP.DES Permit issues.. Engineering Assistant '-1976-1985 'Cit)(,of Huntington Beach Mike worked-for'the•City's Public Works Department, provlding design and .construction of storm drains, sanitary sewers, and flood'control channels. Page U 25F-91 'INTERWEST G9NSUL,TJKG. GROUP ,"w. In Eorwes to rp. c o'm Engineering Assistant 470 1978 Los Angeles karbor Department In the DepartmtsenLease and RigI.ht of Way Section ,Mike wes respo8sible for calcdlafing and'mapping lease 66 ndarles on all properties leased bythe:Port,. Induding;recalculating shifting property. boundarles'dUe'to subsidence. Cur(.ng Us,tlrne;here, Mike also worked, In.the'Advance Engineering Planning Section preparing for the Port's-ezpanslon providing 'services incldding dredging; landfill, and+iar".lous;other infrastructure lino. 06ments, ' Enginee'rink7echnida n, 196 ;1970', LosAngelesbepartmentofWaier&Power. In his'flVb givs.i6this positlon, Mlkeworked in the Waterperations Division; the W-aterfngl-66-ing Deslgn'DJvision, and..the.Aqueddct DlvlsIbh..His,dutles Included qnalntaining recoMs,'of the,L.A: water system; preparing plansforthe C.A;, doiliesfic water sysfein;'and`working in'the Dgpahrn6k's''Owens Valley.- office'in' Independence,,CA as part. of ,the hea_d.ofAhe`Aqueduct Division's. `irnmedlate staff.. Fage'40 - 25F-92 41 1 Thomas Coughs', PE Water Quality and Utilities Engineer INTERWEST Mr. Coughran has over 35 years of experience in civil engineering design & CONSULTING project management and public works management, with a specialization in GROUP water services, transportation, and distribution. He is a licensed engineer in the www.intorwootgrp.com states of California and Arizona and a member of the American Water Works Association (AW WA). He retired as the Director of Public Works for the City of La Habra and has since come to work as a consultant. His solid network of +I colleagues has grown with his experience within the engineering divisions of EDUCATION several other cities and districts In the surrounding area, including his position Bachelor of Science Civil Engineering, California State as Water Resources Manager for the City of Santa Ana, Water Systems University, Long Beach Manager for the City of Fullerton, Principal Water Engineer for the city of Anaheim, and District Engineer for the Mesa Consolidated Water District. REGISTRATIONS ' CERTIFICATIONS PROJECT SPECIFIC EXPERIENCE CA Registered CIA Engineer 150092 Interim Maintenance Services Manager AZ Registered Civil Engineer 126082 2016-2017 Interwest Consulting Group I CA State ofCalifornia Contractor License ( Thom Is currently serving the City of Costa Mesa providing Interim °A^&^B°,Inactive Maintenance Manager services In the areas of building maintenance, park CADlstrlbutlonOperator Certlfiratlon, maintenance, and street rehabilitation. He attends all Parks and Rec Grades Commission meetings and prepares various reports. He also administers CIP projects and prepares CIP design for projects including the replacement of main PROFESSIONAL electrical panels In the Community Center. Thom oversees activities for street AFFILIATIONS pothole repairs, replacement of street signs, sidewalk grading and American water works Association replacement, and development projects related to public works such as street, Member park, and median projects. Additionally, he provides general direction, Metropolitan WaterDistrict- Emeritus evaluation, and mentoring of field personnel. Other recent projects that Thom Dlrector(1997.2005) l provides oversite on include: safety street lighting replacement, the replacement of two pedestrian park bridges and two park shelters, emergency A-21 Committee Rep. with D. I. generators for essential facilities, and graffiti removal. Foundation Research (1995.2012) Interim Public Works I Utilities Director California Municipal utilities Association 2015-2016 City of San Juan Capistrano I CA • Board of Governors(2999.2002) j Thom directed, managed, and oversaw activities and operations for PIN and f Utilities sections Including: capital improvements for public works and water/sewer project design; operations and maintenance of water/sewer Infrastructure; construction implementation, inspections, cost estimates and i contract documentations for compliance with local, state regulations; i coordination with other City departments and outside agencies to satisfy requirements; and local ground water basin development. He oversaw and managed maintenance contracts for street lighting, street sweeping, trash, parks, and trees. He also provided assistance to the City Manager for difficult and sensitive Inquiries for Council, and he advised & participated on a variety of boards, commissions, special Interest groups and outside governmental agencies. Director of Public Works 2009 —2012 City of La Habra I CA Thom was responsible for directing and participating In the development and implementation of department goals, policies, and for ensuring compliance. He reviewed policies and work of outside service providers and contractors as they related to public works programs and programs that Included: enhancements to the water and sewer system operations/maintenance, drilling two new water wells with pump stations, and maintenance programs for streets and parks. He directed the departments annual budget, and selected, trained and Page 41 25F-93 I INTERWEST CONSULTING GROUP www.Intorweotgrp.com evaluated the performance of professional, technical and support staff. He also evaluated current programs with recommendations to City Council for new construction projects, acquisition of water property rights, maintenance programs, and residential services; prepared contract proposals that included emergency contacts, design/build projects, facilitate community Input as it related to current and proposed programs/services, and evaluated the availability and cost effectiveness of outside service providers. Thom worked with other department directors, and City Manager to plan, organize and Implement programs affecting areas of responsibilities and matters of concern. La Bonita Pump Station — Project Included; five booster pumps for 11.5 MGD, burled 250,000 gallon blending reservoir, 750 kw emergency generator, SCADA controls and chlorination system. Budget was $8.4m. La Bonita Transmission Water Main—10,500 lineal feet of 24-Inch CML&C steel pipe Including bore/Jack trenchless technology under a railroad crossing, including traffic control and relocation of existing facilities. Budget was $1.6m. Citywide Water Main Replacement Program — project included multiple locations within the City limits to upgrade 6-Inh through 12-Inch water mains, which includes new water services, fire hydrants, and PRV stations. Design Included various street redesign/construction locations. Budget was $8m over two years. - Portola Park Water Well — Design/build a third water well to a depth of 1,000 feet including a 150-hp electric motor and 2,500 lineal feet of 12- inch PVC C-900 pipeline Into the La Bonita Pump Station with a 1,100 GPM capacity, Including SCADA connections into City's system for fully automatic operations. Budgeted cost was $1.8m - La Bonita Water Well — Drilled the City's second water well, equipped with vertical pump with 850-GPM capacity and 15D-hp electric motor, 1,200 lineal feet of 8-inch PVC-C900 discharged Into La Bonita Pump Station's blending reservoir, along with pumping facility to an existing storm drain line, with Instrumentation to operate Including hydraulic controlled by cla- vaive and connected to City's existing SALAD system. Budget cost was $1.6m. Water Resources Manager 1997 — 2009 City of Santa Ana ( CA Thom provided skilled leadership developing and Implementing department goals and objectives; preparing and managing annual budget; implementing effective field maintenance/system operation activities; executing a safety program and enhancing coordination between professional and field personnel; and overseeing CIP for the City's infrastructure with emergency/security preparation. Thom developed a sewer enterprise ($3.4 million) for the City's sewer infrastructure operations improvements and ensured compliance with sewer Waste Discharge requirements. He developed and managed long-range planning for adequate water supplies including three new water wells. He also developed a staff succession plan and additional revenue sources ($300k/yr: ten yr. lease agreement) for the City. He provided enhanced communications with City Council, City departments, water and power agencies, legislators, civic leaders and community groups, and he served as intergovernmental liaison with the Orange County Water District and the Orange County Sanitation District. Thom also performed duties as a Metropolitan Water District Board of Director for the City (1997-2005). In this role, he presented policy recommendations on State and Federal legislation issues affecting the City's Water and Sewer Enterprise to City Manager, Council and other boards and commissions. 25F-94 Page 42 I NTE RW EST, C:6,NSUCTING, I GROUP I fi to rwo 6 to ip. C * M .Garthe Reservoir"- Preparation cif'plans, -specifications and estI66.fe• quality control for'Ccnstructloi n for two .6-miIII66;gaIIo­n reservoirs. for the.water system , including electric Jebel cbintrols,Iplpinj and V.alves'to, distribution system. BucIgdt'6d:c ' 6,its-$6,13 - m. 'program, 'd I ne Two WaterW61is- In 6616riction Wth.QCWD pumping- .9 imcl drilled two water wells. Each Well'e�ciuippecl with vertical pump with. •1,0607GPMcj6acit�-afid 250-hp electric moi6r,-iid0'iO mod - 1166a feet�of 12- 1 Inc6 'PVC-c9bo cllschirged. into to distribution 'S'ystem,',,'jaIong ., It.: all Instrumentation and t , h , required iris e e ells,,fr-* CJWs SCA DA systemBudget cost was appiox$3:7m' Garthe- Witer Well — Prepared plans�, speciGticiis i6r , the d ' rilling a - w - 6t& well,.,equlp _ ped with vertical oum-0 V�itli li5O-,GPM c-a-pacIty.arid'250-hp ­e . le6ft, I rqotor, 500 lineal- -W t of 12-16ch PVC-'C960,discfiarjed !nto-:new' - Ggrthe reservoirs -Anil illstribuftlon 'syst-em-,'with',PuMping-.fadIltV to an. existing storm driln line, and, instrumentation to' operate Including - hydraulic icunbrollecl-bV clavalve-and ton.6ected t6',P(i.y.'9.exjsqqgS.ACA'D r.- - -.T,- . -- , '� ;9- system; ' Budgetcostwas 1. m Citywide Water Maln . Replacement Program 4"jkt, in—cludIed, _multple l6catl 1s wIthin,the'City.limits to.upgrade 6rinh through 12-inch Vater, mains,: s,� Which includes pewmat r servlces1i Design _e V f - ro.1hydrants..aqd PR,V stations. Design Included various street redeslgn/constriicti66.locatloKs. Bud ef w - _as, $12m over six years. Water System Manager .1995 = 1997 C.1ty6fFuIIertbn'i1CA As water systern manager,_Thorn'efflciefiily planned; scheduled and dIrdqt6a the operation Of theatys Watei.Englndering Deoartment Watee'sri yste, quality I :controi'a'rid-rate �settl . rg... . He managed th.6 department's a - nnu al budget/expenditures and developed ani Im I pl&fientecl departmen I t "I gojals'ana ' ' obje�ctl%(is: Thom prepar6d and managed design and construction of C11"Wilth bUdget.c6ntrols; which'includid the -drillInVdeveloprreht df'a'n6w water.well.' He effectively communicated activities With other.City I departments, 6utilde ;agencies and pre se n - ted to City ty Co uncil and Public on-r6laied legislative water 'Issues., He ali6 provided responsible' and complex 6d6inistraiivesupport f6't'h*e Director of 6gine6R6g and City Manager. Water Field Manager 1943 = 1'9"95 - City, of "Anaheim.) CA Thorn i-ciliredea, plinn6d. ,and organised, the water production; Itrins6isilbfi/6istributi6n'maint6nance and system operationsPrograms Within ,the public Utilities D-epartmentrto supportAhe Assistant General Manager of .Witer Services. He prepared the Division's annual bild,g6t & expenditures to 'best represent the'City's goals and bbJdctIvei.'He developed traInIrig for -new water operationI - - - teams afic1,,'enha,n1jcjid,commu I Mcatloni.b etwe en d Mice and field perso . n* . I: H& d4velop�ql and monitored contractor emergency serA66slnd. ne I ,gbner6l service contracts with speclalty companies (privaiiiitf6h) fora City cost isaviniis:& $366k/yr.'Th6rn intoduc-ed effective activities �and,ccimmunicaf!6n's vkh--.othir 'City. departments and outside agencies for a-x6ft !savings 'of ,$90kfir and provided 'various ipresentations. to -Pub][6 Utility Board. as"� ,required. in this. role, Thohi.Ws.kcountable for staff Motivation, evaluations, labor/Oniongrieva6ces and disciplinary action. eltywIde,Water-Main Replacement Program — Provided. joVerilght for - wa . ter,feplac'em'ent'.Proj'ec't,-iit multiple locations wIthin:.the City. liinitsfo .upgrack-ii-lrih, through -12'inch water mains, whIcfi,induc10-niW-.Wa-te-r - se . rwices,cfire fiyd6r1ts,. and, PRV. stations, Project, Included, neW lining. Page 43 25F-95 procedures Id -existing water malni; Design -included various street redesign/construction locations Budget of $8 5M. Crescent Street Water Well'- Design/build a water well fo a depth of 1;200 ifeet'including'a 250 hp electric moto_t antl 500 lineal feet of 12-inih p.vc c- INTERWEST 900 pipellne._Into the distribution system with'a:1,500.GPM capacity„ CONSUL_LING In'duding SCQDA connectlons Intq •Cityls 'systerp fgr.. fully. automatic GRO'UP,' operations Budget was$1=sip 'tvww.ln (erwestgi[i.com- L Water,7rans/Dlstrltiutioo'Manageri 1992—.1993 'Oty of Anaheim Principal Watei Engineer, 1988 =1992 city-, f Anaheim i'Associate Engineer 1982 —1986 '-Mes-a Consolidated Water District Page 94' 25F-96 I NTE It W iiT 'CONSULTING GROUP Ww' vv.limt6rvve a tjip. Co in En O CA 0,0q, !Pliiratlng Englniers- Survey riculu Curriculum I - Riverside ConninypitV College I R F G.1 S T R A.T 10 N S: C E A T. I F I C A T 1'0 N S Professl6ni Land Surveyor State of . ll arria 'No,A619 'Profeislonal Lind Surveyor State of Arllona Not37016 I ProfeSslonal Land Surveyor State of t§vada No.,122104 PA 0 F E-S-S IO N AL A'.F F I IL I A T I.O.rii—S Callfwnla Land SurveyorsAss( . >Clati6n Nevada Associatl6n of Land Survqyor$ AD DI T 1 0 N AL A X P E R I.E. N GE Profffmional Land Surveyor; 197i— 1978 111versIde County Survey Dipannne4 Goty- Neal, i6Ls 11111ap,'Checker I'Profeissiona_1 Land Suriiir, Gary , brin'gsm'or'ethan'40yeaFs&fllifndip-rAieyiniexpdriencelhth-e-en-gln-'e-eri'ng-,' field iMi:ioth-ihi public and -private seiit6M. !He his sbpeMsed, managed and directed the field and office iurveyclepartmeht operations W'h"116provicing field - i6rviyancl map plin-cheiklni Servicis fora variety of Elierits.: His - exten ' sive, background And'knbivIedge combined bihed With hli,ste6iijliidershlp,� or-gainiziat-ion style; and 06itive icam-muhl6tion Skills results inthoroug* thorough and complete map' reviews, He works ,seamlessly Ssl 'within all. environments - 'developing Solid partnerships Wit achieve h staff, developers,, and the public.to ac e the goals of the dients. ,P Rr j E C T -5 P. E jo I F I C 12 X P:P R-I E N* .E Land Surveyor - I Map cheiker .-2012 -'Present, Interwest Corisultlfig�qeoUp Review tentative tract;and parcel maps, Site jagency... , _ . 11 - OI-la.n.s;.,a-nd. o.t-h: eIr .s1u bmittals-for developments and makelecohmencationsa-s t-denginaerin9 matters forpublic cilents. Land SuirvoVoe- i Map,diec6i 2008 -2012 N6rrls-RUp6:f Wlnzlei kellyj-GHO Consulting Performed; QA-CC plan. ch&klng'serJlces for -public agency dlinis; revlevved- lig5i'di!;iripi!6ris,,subdlvliion and parcel maps, -record , - cifi'survey,maps7tor. recordinig purposes, also provided field surveys and map.plan-checking services. Mappin- 6i g -Yroymaria ger ,2002-2008 Rof Consulting "P, , on s1b.jerfor supervising the overall operationsof the mapping department :to'ehsuie the.firm's private -developer client mapping ned&viremet and the - required finallm-aps record.edforthepurpose 6f creating egal1oii,6rsaife. .survii,mainitger aggs - 20,02, VPblNT Consulting. Warren -directed the field survey operations. for 6 private-codsulting firi-h. Projects,inclu - ded; shgle4almlly subdivisions, - shdpplrgjcenters, co6lindrcia!6nd inclusttlal cenieri.'Fielcl work Included; bdiffidary sun design surveys, aerial ondtopbgraphy surveys, construction surveying, ACSM/ALTAL-andTitle Surveys. 'Mapping Manager -49.94 - 1998 .SEA C66sulting Reipohiibl&;foe superviiingihe,ovirall. operations of the mapping clepartmdnt to ensure the firmViprivate developer client'mappings needs Were met. Survey Manager 196--- I994 LAWalhsc6tt & Associates Perf6firriedand 6anagedsurveyt ' asksfr - omprellm]6aryd.e§fgn,con-steuctio6,66d. staking -through final ',su ' b6.lslon mapping. Pr6jkt ' i Induq6q:-iihj1e--'fan'6I1.'Y subdivililo6s, commercialprojecti,' Industrial projects grid shopping centers. 'survey Party cjhlpf '1978 - 1983 Akers & Musser Land Surveying, Terforfried *tKe boundary Surveys of thi pro-perti.es,'§nd then sei-lt the;Or6per'tV -corner orner monuments at'the parcel lot comers after .the Parcel Mia' e' s ,jj re recorded:" 25F-97 Page 45, 4 Kevin K6, M4SW Senlor Englineef, .1 NTE kW_E STI Kevlr) SAi-:nJuitipie years'of.experle6cepircViding clviI enjlne&fng servkft es,* - 'GO N SU LT I N,iZ projects Inclu'de'd servlces'for:dral6Eige; grading, ske.planning; storrfi-water G R O'U P i quality wo'rklng with and 'ln others 1s eMirthis abIIiijt6,l5i6VId6 excellent service to clients and complete mplei6 tasks 16 an accurate, timely and friendly manner. liji b i E'C t SP.E.c i ri 6 -ESA P.B RI E k C E 1E b UXA T-1 0 N . as; civil EnglneerlPE, 20157p're sent, interwest &nsultlngGroup lfnlv�r�ltyofl­la�vall _a� Assistzirit'.EhRine I Kevin 6' As. er; ev n. a design4d a,hurfiber-of Ogvem6nt,reH6' 0 M-inca, H9. -, .__ J . . . I . -prqj?ct4i handlednitructio" ha'n&iI V'.-citizenrequests: for. . e_Nh-1. provided, ;construction - administration and ln�p6cfloh omEonstruction projects and voiked.with-tbi I'. 'construction Project Management ! Prdstressed Cdncrete DeSign. i, teams Associate Engineer on ProlecE Funding including prop 6, Me sure R, 6a� ,Supplemental Graduate Tax'SUCand Grant projeitsKevin has aiso provided plan review on CQUrsework' 2013. I developrnen't.p_rojects and undertikin -prefirriln-aryi engineering, studies to a ddressln�6* 66 1 as ctur� Issbei;,,6vin'Is an adapi*616dilvliJual who addressees. IR" EGLSTRATIO NIS CC 0 , N S R'T J� I C 4 challenges.' exceptionally well., n�Wexc, Y 'CARegdbyll Englmrl 9.8495 tivil/S1ruct6ril Engineering WeiObvili Des ner 6WIlfledSMPP.Devetaper JQSb) 2013-2014 Sato.&'Assdc6iei; Inc. C61liborated.wit,h.itiam,6fprofesilbnilingi-neerstodevilopcivitc6nstructibn plans'f6r.vaflous small to large scale commercial land development projects In VaNOU.S COUmles In Erie StAt6 of Hawaii; Perforpnedcalculati6ris and'prepared report's for g control; ,drainage, grading, control arainage: storm water i1i '_ d[ qu Ry,,an water' .and wastewater sykerns as r4uirecl for,pe , rm . it acquisitiom, Coordination with _Tdvtew'comr_ne_nt's municipal .agencies to add reii'Tstitimittal, and compliance _approval Issues during process. -W ' orkdd'In el�endently on at Wit fivd smallpr9ject]s_(Un'dr'S eacres) simultaneously, throughout design phase with minimal Highlighted projects foi§#to IkAilsoliiitii include; Kallallnul "Widie repair: - structural analysis and reinforcement design; KapdHulu A'VelKih&i filbce Parking fot:.,crainage,,gradi ng, 'site plaQnIng, And storm rwater quality; Lanihau Shoppirig.Centerr drainage, grading, and utilities (fire, water, sewer), Nlmitiklcb6ncld�-. Sioirh water quality; Park Lbne�lo,Moaina;_ sit'e-Olah'ning' (iire,��vatfirs6Ver); Puhi' . - '- - i ' Use:aina" *Orelo * ge,, gra'din g�.sltejplanlning;,Ano�u VIities (fire, miater, ' utilities (fIF6, Wafqisevver)'.Qdality _%Wat_e_r;,_sewe?); :denerb/ bc�iyd'rd.-_. uitilitles'ifi�e, 5eliljces R e atals Koho: dra]66ge, graclini, site planning _' d water, sewer); Wbso .an utilities (fire,. E/eEfrtca/NeitiBuilding: drainage and storm water quality' E-ng-in-ee'ring'Stud-en-tintern 2011-2013 H'aw-@I!De--p-arfme6tottra6ipart6tf8n-HlihwayiD!viiibn ASslstdd'w4th coordination 664een branch6i'to provide -division'Deputy 6ilr—ec-for. with ,ongoing project status updates. Researched and -produced documents to support b6putyAttor6y Genera_ls Inhlikwav-rialated lit - igitions - and for documd n- documentquests gran granted �y Ha Wali'i public records law;.Developed GIS-111(6 dakabAi6 to util!O (36ogI6 Earth to store geographical information of dat6.foiir:afficincident,relat-edclaim's!'Occasionallyoffered!assist*anceto6ffier. branches toexpiedite"com "' _6f pletion, prgjd'ct tasks.. Pep 46' 25F-98 'Mimole, 1146' s,*Paw. IX Traffic,Englneer 1NTERINEST Nicole has over20,years ofprogressivepfofesslonal experience and a results-, CONSULTING ! ariented;track record She has, managed a variety of complex, controversial G OUP U P j Publii works Improvement projects In both private and public employment and ` enjoys being a civil servant Her 13 year career spans all aspects of civil. wwwantaiwoseorp•com engineering, ;including working Irj a, variety of environments Her we_Il+rounded experience has developed an ability to work successfullywith varied clients and, eomm,uniiies,'Nlcole'has expertise'in,'understanding' how to balance :good- E D U C A T 16 N engineering with.practical and feasible solutions She has,protnded services that. as., Civil Engineering Include traffic signal deslgn and construction, geometrlcdesign traffic fmpacf -UNversityofcafifornla, Irvine studles; traffic circulation and parking analyses, constructlon staging, and traffic' ) Irvine, CA. control ;plan design: •Additionally, she Is, proficient Jn roadway design, curb,- Masterof Planning:Transportation Planning ` gutter; si8ewallc and'median design, precise grading and_ storm drdnfficilitles. University of Sduthern califoinle �Her,experience Includis. project. management for the constructlon of•storm Los Angeles, CA. dreln facilities, roadway rehabilitatlon'projects; a landsiide'stabilization project,. and park im' rovements. i a•E Od STA AT VONS C E a T If I CA. TI O N.S I p,R'e•P' E S S10'tJ A L. EX.P E It I E,N i:E CA Registered Civil Engineerl 65984 I DeputV plrector of Public Works :2014-2017 :City of.Rancho'Palos Verdes 1 CA A'F, F Ii i A T 1,0' N. s- -. Nicole performed advanced engineering work in .planning; organizing,, and Merii0ei of the American public' I directing; ;the day-to-day activities of the Publlc;•Works•Department.-She WorRS Association (AI',WA) managed and oversaw the administrative division as well as supgrvise-the, Membergfthe American Socletyof design, cons truction, maintenance and operation ofstreets,publlc structures„ ,Cvil Engineers(ASCE) parks, -water and "sewer systems, and other City public works projects. .Nicole Membwofthelnstituteof i .provided.engioeering ass(stance;and.coordination to other'City depart_ments., Transportation Engineers i and managed professional cogsbltants and contractors on',publlc works, improvement projects. Assisted ;in preparing the Department budget. and. .Capital Improvement Plan.'Revlewed the ,preparation •of plans for overall projects,'including design study reports, environmental impact statements, and traffic engineering reports as welCasrevlew deparfinental,staff reports for City Council and advisory board meetings Nicole served• as staff. liaison to the Infrastructure Advisory Committee Traffic Safety Committee ;and'theiPalos Verdes Peninsula.Transit Authority..Provitled leadership.anc support to a team of 16 dynamic lndividualsto'follow-through with the goals of the organization:. Senior Engineer 2009-2014- City of Rancho PalosVerdes j CA Nlcoleatianaged several large capltal Irnprovementprojects resulting In irlajor. improvements to'the City's infrastructure and roadway network. Implemented a .7-year roadway rehabilitation program 'to preserve the: CitVs roadway . Infrastructuret5 e-Managed;projects and maintenance activities within the CiWs'rlghts-of=viay. Administered the Clty's ehcroachinent: permit and parking permit programs. Supervised andrin naged a team of s consisting of.Assaciete Engineers; .Assistant Engineers;, Permit Technicians and ,Public iWorks inspectors. Nicole also improved the Department's _elivery o customerservice by str6mIIning permit re'piire-ments'and coordinating permit activifies•wit_h other departments. Tmfflc Management, _Rahcho:Pdlos: Veides - Project Manager and staff liaison ,providing various:municipal traffic engineering improvements, Inciuding ueffic .signal'malntenance, signing and stripingplans, Iovestigating,citizen requests for traffic controls and baffle safety'analysis. .Page 47 25F-99 I J INTERWEST CONSULTING GROUP www.interwestgrp•com 251h Street Roadway & Drainage Rehabilitation, Rancho Palos Verdes - Project Manager for construction of storm drain Improvements and roadway resurfacing along 25t1 Street in the City of Rancho Palos Verdes. This $500,000 project Included 36" HDPE pipe, an outlet structure, several drain Inlets, asphalt rubber and metal beam guard rail modifications. San Ramon Drainage & Landslide Stabilization, Rancho Palos Verdes - Project Manager of a $4 million landslide stabilization project on private property in the City of Rancho Palos Verdes. The project Included construction of 36" HDPE storm drain pipe, an outlet structure, over 75,000 tons of highly engineered Imported fill, 4" subdratns, v-ditches, landscaping and irrigation. Principal 2004-2009 Priority Engineering Inc. I Torrance, CA As a consulting engineer, Nicole provided professional engineering services to municipal and private clients. Services Included signal design, geometric design, project management, traffic and parking studies. Managed a team of 12 professionals. Senior Engineer 2002-2004 City of Rancho Palos Verdes I CA Nicole managed several large high -profile capital improvement projects, including museum Improvements, storm drain enhancements, landslide stabilization, lead remediation, pavement rehabilitation, traffic Improvements and transportation management strategies. Directed and managed a host of consultants and contractors. Coordinated with other City Departments on complex development projects and also participated in leadership development activities. Associate Engineer 2001-2001 City of Torrance I CA Nicole was the Project Manager for several capital Improvement projects Including water main Improvements, storm drain connections and pavement rehabilitation. Managed the city's pavement management system. Newton/Madison Street and Water Improvement, Torrance — Construction Manager of water main construction and roadway rehabilitation on Madison Street and Newton Street. This $2 million project included water main, storm drain, curb, gutter, sidewalk, and roadway Improvements. Assistant Engineer 2000-2001 City of Signal HIII I CA Nicole facilitated the City's capital Improvement program. Prepared project plans, specifications and cost estimates. She managed several consultants and contractors and coordinated construction activities with other City departments. Responsible for the City's pavement management system and Inspected small-scale projects within the city's rights -of -way. Successfully designed two water -system modification projects and managed a CDBG funded residential demolition project. Annual Pavement Management/Slurry Seal Program, Signal Hill — Project manager of City of Signal Hill's annual pavement maintenance program. This $500,000 program included slurry -sealing about Y of City of Signal Hill's residential streets. 25F-100 Page 48 INTERWEST PO, N,S'U LT IN 6� GROUP' *www. In to rwei;tq ro;co in ,00jectErikin.der, 1990i2000 l5ars6ns Transportatim'Giroup] Lynwo6d, CA, Nicole was the project engineer for, ffe.'surface.clesl . gn grouIS'.6i.the4arhed& ,Corridor -,Mid tbrrld`or,prqjed. Designed,roadway, signing/striping, traffic; s1griali and lands cipe'Improverne nts in thdCues o I f Compton ;'Lyn "wood -Angeles. Coordinated sub-consul'ta6t. design 'criteria and ittas Wi an.submi I. th the kizi-d design team. �Deslgn Engineer 1998-2000 11B1` and Asio6lk*. I Iivine�CA Nicole pre,pared precise grading, storm, drain, �street improvement, signing, striping, signal and traffic control .,pl6ns for various ' c6ints:'Mari-ied'sm—an Id6sign,'lirojects for several cities In'Orange County. Research Asslstaht 36952199.G. University of Southm C allfo H6 LosA6geI4,.CA Nicole assisted with the management and coordination- of.an Integritbd advanced :transportation management ement systemWhich evolved vblvjid 'from' existing free"y andarterial traffic.lir4nagementsystims-ih'thi.11�vine-iiriia',6f Orange ,County. iradsportatfon5rigInderifig Ass ' li�tafit 1 1 994.1698- i K A J Monterey ark, CA, .0 , P - Nicole cofidufted traffic impact studies for various.61enis throughout southern Caifforma, Managed transportat,ic,n/cliculation-studlei,f6r-the City and County, of V6s Angeles. Designed and prepared traffic signal, signing, strilping a6d,traffic: control plans for several mOnIcIpallties In Southern Califorrild; 'Engineering Student Assistant. a 199 . 0 -199 , 4. ddtriinst-Distirlft 12 JSanta Ana, CA. Nicole assisted With .the analysis of real-time traffic data and information -co,ruiemi , ng 6 , 6erailon.of fhe'friiiWay system liibranjeCounty; as'a . -student ass . istant In , Ot. eTransportation ManageMenCenter , (TMC). 'PROJECT iiaicpEnIENCE 'troffic Signal, Signing & Striping, Stage ConitructI66 Design P 'Perris Blvd/Nuevo Rd Striping toncel]itSLWal;Mart, City off`6jrlj Traffic Signal Consfr6don W&Miirt City,6KF6uqtAJi Valley' . Traffic Sijfia)/Signing & Sirloi4 Lowe'i,,dof Saritee ol Teaff c� iilgnal/Sigrilng &C SfrlpingSam'i Club CIty 6f El Monte • Traffic Signal Lowes, City. of San Jacinto fraMc Signal/Signing St. Strip! ng,N wilah f Road/Medical Ctr Way , Cityql`Sad .Marco's • Signing & Striping Lowe'sj ToWn,of Appie'ValleV, ■ 1 C61legii Blvd/Salk Oenue Traffic Signal, -Upyof Carlsbad El Toro Road SignTn:g; Striping & Stage CoPstrUctioni City of ,'Miision Viejo Alameda , , a meda Corridor, . Mid -,Corridor , Signing &StrlOIng,:dtIisof 'Compton, Lynwood, Los Angeles .. Redondo Beach Blva.K Rehabilitation, City of Gardena Harry Bridges Road Construction Staging, CItV;of Los Angel6s Traffic Signal/Sip - ifis kSit4ping kmirt, Clity,cf. Hesjpdri . a Trafqc Signi - I Wal-Mart;_City of A69heIni 'Carson ,Street W TCP, City of. Carson Salntdain! Catholic Church -Signing & StrIpIng, Clty. of Sa'nt'a Clarita, - rage 49 25F-101 J- , 1 IF I •:Bake Parkway Median IAbdlfTcafl6n,,City of JNin6 4 Precls'eGrading &,Stree:t'impr6vimenii,-Dii6iVParking Lqt46 'INYERW9ST 4 n.e, City of dom—p1j,916, ROUT Q[tran§ Storm Water BMP O;Iot,' Disfrict'n' ,www. Into rwo s to rp. Go mSpringStreetmedians,'CRy6S1,p Signal Hill Walnut/BoFqaid Pressure Redu'd6g Stati'd & Bypass Line, city long Beach Naval YaJd Demolition Prdled; City ofLong Beach pacifik Pike Mixed -use DevdIopmenijdty' * of E!, M chie A66n'taPlaia HealWSpa,Cfty of Monterey Park Giieway'66silftg Movletiieatre & Shopping Center, City of L . aCaMada-FlI*n'tr'idge. 'AlamedaOrridorEIR/Els, Cityof LosAngefes Huntington BeachMedical CehterParking , - I Additl6n, 0tyb(Montebello . Foothill B14,/Gould Ave. Retail Center -Meh6e I/M-YME,Xity of Santa CI a-rita 6ouclm §ireO-Giride , SeOaratlon-EIR, OtVi Aomeland Cultural den'ier.Expansl6n Park! Siach St, -John of thd Croi3,tity,6f Lernon drove Ventana Real Lots'11-4), City of Carkbad I:bate-Street D-6v'el-'o'pffi'd'nt',Cit-of M` - �y urrieta treetMotej,LCjtybf0uanside 6fL6ng. Oigoq - ' 25F-1 02 N , TikW' EST' 'CONSULTING :GROOP %ww iv. I h t oiwoi t 6 ip,,c 0 in .. � - . _. I ED UCATI ON Bachelor of Sclente,'CIv1t Engineering i,CalffoiniaStaiePolytichnicUnlversity (Cal P61A? Forndna, ON REGISTRATIONS CERT-IFICATIONS CA healstered i_raffld.Erfilneer 11650 'ProfeislonOTransoortation Plarfner'(PP) certificate' P R 0 F E S ij,b N.A L A IF IF I CI ATI, 0 Ns In stft6ie of iransportatIc n Engineers (I . TE) President, SDC615ectlon (2007z2oos) 'Arnerli.iiil 50deVY of Civil Englneers :(ASCE) Orange County Trafflc Engi6ecring ,Councii(OCTEC) R01h, SWithii, TEO . PIT-0 :rmffic'Eitigineer Ruth .is'an experienced enced traffic engine . e r and transipoqatio r; planner with -p-early 40 years oflbxperlence. She began h& career in the O.H lva 1p tra'Mompact'stucies, then moved to the:p te secto '_ reparing, �blic sector, As 6 � Senior Traffliz Engind& for the City of Santa And W;14 years. AiJth-thin returned to the private sector, vii4re she not only prepared ir"affl-c impact studies, but hli§,. Used 'her past experience,, to -perform a variety of traffic engineering, And Aransportatl6n planning clutl6s'for d6fit cities, including serving as Contract City Traffic . ErqiA6er*. Ruth's wide'-ranglng arid wiquE.cixpeirlence-'A.bDlh the p . ubIIC% and prtvate sectors makes her A- Valuable 'asset. Her, inunicipal,expbrienc - e ' lmpmsecl'upon her the Importance of ensiuHni ihat trafi1c.ImpMq s'U 16s far p(wate 8evelopnient are correct .-andc'om*piete,arfdth6t-site,accdssind6n-sit- -ti.rcu!klon are f0y addr6sed. Ruth also has -a. khbackgmund :In neighborhood traffic plans, starting milth m'anagihilhe t eIg6orlhood:Traffic- wanag . emen . t:P . lain, Speed Hump and Pink Parking, programs In tfie' Cil:y'of., Santa Aria,,to iT ore recently a0liting the Citles of Terh6c6la,ibiria,-San Marino :and Cos'ta Mesa In.preparilig neighborhood traffic,plaris.to reduce Cui-thr6uF6 Ariffl6hil ipe'edin-g. P OR o i c c x E; 0 r: c i Ii: i c - Ex P ie k i E N I;, ii Traffic Eniginiee? 2616-Pre . sent' InterwestConsulting' Group I MCA. RU.th currently provides traffic. engineering servljces. to -,several .cities. She pi�wldes on -,site - assistance.t . o the Of of Ccista'P�Iesia three Y ree days per week, preparing reimbursement requests for . OCTA. projii&s, Iftcludilig ]Interfacing .with,OCTA 'stiff, managing And responding. . to-cItIzEi . In .. r itIuesls, * tin . assisg With the. lilcy6,le Walking Cornmitt6e-and fiiriallzing.th6 Bhc cle'!Vlanagernent Plan,' handling fielglIti6rhood traffitmanagement plan requests, InvOtigating the use of hitleion-public' golf carts/low.speed ve streets; and .handllng-a.varlety:bf other taslis:;Rkh also ' provides Trailic-Engineer servlces to'th6 City -of 'San Marino, conductil ng Investigations Info'citizen (ecide ts *6 - 'I - a i, 'Of 5 ;, preparing A variety'Of traffic studies and presehti6g'thdm,, With r6comiyiendiid 661ons,,to,the Traffic AdvIsbrV,Commission, And providing support And idviciiii niided._SheAso Provides traffic services ;to the -Cities '_ of-Vildomar,. San Juan Caplst.rano,, qell, Ath6rton, Merced, and Chowchilla,'On An as -needed ba'sils-, 'including preparing'RF.Ps, reviewing traffic rmpact.iFep6i`ig and trfp.gefi&ation,, providing guidance on developer ipa I yffi6fit of traff.16.ITPeOvem,ents��'rE�tporidi,ng e ,to Citli-n . _r6clu6§6 ancl'icho - ol traffic -concerns, preparing!and t . leviewing,Work , zone traffic.6ontrol,plansi implementing grant4u6de4programs; , and reviewing, permit parking programs. Project Manager I Traffiellinglin6er 11 .2008-2016 'WillclanzEndineerihig JCA. ,Ruth managed',a varl 6 ty,pf projects, including Wrlt1nj,pFoposAIs;4eiectin'g appropolate stafflo work -on ihe,projects, setting U0 and in�4naginl;:Midgets, and Invoicing clients. She-perform6d Traffic studies for Clie__qi titles and private developers, and served §s'the Contract City Traffic E ' nglniir, fw the City of Placentia f6r five years; wor'king,on-s-Ite- two half-days'per week.'She was Elio, coritract'City Traffic Enginiiu for the Cities ofLos 'Alarnitoiancl .16mecula,and the C.ohid.1tant Traffic Engineer r for tKe City of RanEho,'palos Verdes; Hiee,ti:affic' ..M. study. experience 'included preparing and' reviewing; traffic. Impact. studies, pniparing,6elghWhood .6affic management and parking plans, preparing traffic limpp�t,analys�s for proo6sed, developments 'arid,16r, Oroject-'S U'd. I . .. .- I t y, Page 51 25F-1 03 INTERWEST' CONSUL, I,NG- GROUP.' ,www.lnteiwestarp.com Reports/Protect 'Reports for .p'roposed'highway Improvement 'proJects;- preparing ,parking ;analyses for exlstmg and proposed developments, conducting Engineering and Traff c Surveys:to set speed, limits and conducting traffIcs(gnalarrant and 'stop signs.atudles. She also presented study results and Yecommen'dati6_ns to traffic Safety 'Comrriisslons, Planning :Commissions' -and City Councils. SenlorAs"soclate 2002-2008 'Urban Crossroad§,Anc. I' CA Ruth. m- geif.a transportation planning group of five employees. In addition. to s .pervlsing the preparation-oftrafflc,impact, parking,4rlp generatiooand' on-site'circufatlon sfudies:and'J� ports; she also .interfaced•"with,clients and, munlcipal,staff;;c6ordlnated'iwork'wifh'civil engineering and environmental consultants, and appeared , before' planning c`or tmisslons, ,city councils and boards of. supervisork'She prepared studies for a variety of deVelopments,'both large:andrsmall;, including planned communities, 'commercial 'develop'ments; warehouses, distribution centers, :churches, 'an asph'ait'plant,:vitnerles,.and PR/PSRs for new and existing'freeway"interchanges. Ruth collabarated,,mth developers, their' architects and dy_ll engineers, to redesign an -site circulation plans ahct.;prpj.dct. access to improve ;traffic flow.'and' meet.,jurisdicilon requirements.. She Worked on in -fill projects and the -remodeling of.existing sites; and super ised'the,preparatlonof signing and striping plans related to development projects. Senioi:Tiafhe Engineer 1988-2002' City of Santa Ana I CA Ruth 'supervised groups ranging frorn two io.flve employees 8i administered the City's neighliorliood traffic calming ,program (including traffic diverfers and speed humps)' handled cifiien.reiiuesii foe'stop.signs„parking restrictions; crosswalks,. etc.; managed the Santa 'Ana 'Pedestrian ,Saf'ety••Task 'Force; reviewed traffic,'study reports; •and managed citywide AraIffic:counts. Ruth .administered the' lotegrated`Teaveler 146mriation Sharing system:'partof the Traffic Management 'center' which provided automated real-time traffic - Information to the public.through highway advisory,radio,'highway advisory telephone, cable TV; And klosks'($M,000 grant): 'Ruth applied for ;and administered t%vo. Office of Traffic Safety .grants ($219,000) 'to improve pedestrian safety. citywide. She. also successfully. submitted;grant application's ifor Safe Routes to'Schoo( �$R2S) projects,.for,a total of $2,000xo:in grants for pedestrian safety improvements. She designed ,and Implemented in overfiead'signage program to, guide' motorists to,Civic Center and -Dow 'ntowh areas and made presentations'to'the,City Council, City Commissions, the.Environmental-:and'Transportation'Advisory:Committee,. schools, business_ groups, and neighborhood associations., •Due to,staff rotation, atvarious, times',,Ruth was,also'responsible for•streeP striping plans and'constwction zoh"e't-raffic control plans, Bed6iii,of-thisJhe -was responsible W,.coordinating with. Caltrans on, several freeway: projects, inducting the SR ;SS widening;projecf. Ruth on APWA committee that produced ;the' 2001'Work Area Traffic Control Ha4dbook.�('WATCH), she developed the Neighboihbod•Traffc Plan-and'speed Hump programs; and 'Neighborhood -Parking wanageinentrplans,.add she administered a citywide speed II'Mit-update, the Traffic Control,Devices Inventory, and the .Accideni Data Base' Page u . 25F-104 INT'ERWEST %C'O GROUP' ,viiNw.lneerwosigrp.csm- -,ED U CA1,,I.ON .Bichelor6fSclence, Applled Mathematics CalNornliStafe Unlvenity, Northddge Northddge; CA. 'R ECG i s T R A T I:O.NS CE R TdFILA-7,1 O Ns :Professional Civil Engineer, CAI,C64437. Prof6slonal Traffic Engineer, CA I TR11850 Professlonal Tralfle Operations Engineer 11127 A F FILIATIO.NS Ameflcan Pubilc Works Association, High Desert Region 'City Traffic E'nglneers Assodation tnstitutlon of Transportation Engineers City and County_ Engineers Association, County of Los Angeles InteUlgentTransportatlon society of California Traffic Engineer .Andrew has more than.30 years o(experience in municipziLand private civil and transportatlon engineering; more tlii-n half of which was sp. n serving the City. of Santa Clarite. Ne has expertise In managing sensitiveissuesanil, projects'that involve public offldals, private dtitens; speclal interest groups and private developers.,Andrew also embraces modern engineering, p�indples to I' entfy ;problems and'solve them' systematically. F,R O,F V SS I O NAL F X P iz* 1 Ei N. O E' 'Traffic Engineer 2017-Present Interwest Consulting Group Andr6W provides primarily fraMc engineering servjces-to'lriterweses municipal' clients:. City Traffic Englnee_ r 2001-2017 City of Santa Clarlta I CA' • Andrewsupe'rised,trained;and'coached.thestaffofthe.T.rifficEhgineering: .and Transportation Planning Oivislon. e_ Advised' -the City .Manager, Ciy Council .and' Commissionersion transportation related issuesas well as planned„organized, and e_v_a_ luated the di'vision'sfurictlons and activities. • Andrew also managed the Citys'dreulation and safety pr6grems; oapifal' improvement program, annual cblllsion analysis and mitigation program; • Developed the City s Intelligent.Transportatlon System„which included but Was not limited to" the creation of a Master Pian,;tuleasure of Effectiveness, Traffic Operation Center, aria Fiber Network. •, He'oversaw traffic signal operation and maintenance, -which included,a three-year traffic signal fitlming program:and the development of a hybrid, traffic. signal maintenance' program which reduced signal failure and' optimized the coordinating timing,system for the City's roadway network. 'Andrew vias responsible for securing funding and grants, forecasting future transportation needs; modifying circulation elements and'developing code;, and enforcing the Complete. Street policy and growth -of ihe_,Clty of Santa Clirita's Non•Motorlied Plan. • .Andrew ,adapted existing'pp[lcies and :estiblished',fnew ;standard3 that Improved: the City s, 'circulation ;and safety, speed limits, Residential MultlwayStop.Warrants,"TrafficSignalPrioilty,`Tra c-CRltning.Pollty;'In: Pavement Light Policy and Photo Redllght EnforcernentProgram: Oversaw the Engineering Division,.handiing'the:entiilement process.of private developments,.the:review-of private;engi6ee'hiig pians:including tentative map, and the adriiinistration-of the Clty's'S_treetlight',Beneflt 'Assessment Ma inteninceDisfrict.. Page 58 25F-105 1 A 9-sobilate' En- g1rie-4ir I 11NITERWES!, Gricla ee6eive_d her Ba&W.-of iclerice 16 Civil 'Englneerfiqg and conipleied,ab., CONS U LT ' I�G iiten�lve:lk&nship wliK& City PUS'a"ntaAna, _relnforclrilghbr knbwIedge­dnd_, PR(?Up -dev�Wlnj practical experience. she'has.seived the Cities of IrvIne','Sari Jua . mC a-pistr.aHor4n8'iasiva'leihtKe�6lei- -of -Engin'berlAg and Per As she. pursues further' education and -certIfIcatlon,.Grecia.Is eagerfb continue.honIng her abilities and learning,ab-OLIt E 6�6 c At 10 14 the.Indust an "iorkn effeEfi�ely.ihamG—nfci--li6vironm-66t. rY . P? iiiachelor of Sde"nce, CA ingineerinii. P'R 0 1 1 . r. PT .5 0 le C C_ P ER I . E N C Is ' 'Mhbr In Builnesi Administration •CaRornia itite dAivirsky, F61i[Won' EngineerinjAssoclate , '2011�0�eient. Int6iim6st Consulting Group I CA COURSE W, 10 R_ K' C 0 M P L E T Eo Gric]6 6i,iiiived thebtv of Irvine as an:Engineering'Techriliclan atthe Cit EnjilneerIng SurveyIng . perfrilt cc u niter; an d hasserved the Cities of San J ub' n (a�.istrano and ta stval e'by providing -e n - gireerIng support to . tfiehr-public vvo�ki 'de paftnnehtq.�.Soimi 6f. t6vuCtIon- En-91neWing, @ricla's',quities.Include: Afchltectural Design Providing enjIn6eHnj' support to. the Cty 6f-AMne,s Enjimerinj manni�g andcontr(�l of Engineering, 'construction Pr6jects L' .� I - - - - . - l5evApfii6'�t division b* and I prbvldfn g'in'put as W611 a�­ y conducting 'research ' . deVelooing an - d maintaining r,4kords :Aciiv'e niainheroffinstitute 61" voikinj closely with tfi�e SenO 15rojeci Manager, fo'r Capital Wnpr6ve'ment Trinsp6m6on Engineers Projects4or.the CIty.&'IrvIneJh developing several Requests for Proposals Fullerton chapter, and cdj iipleting Nrihasd brdeis,i:6 g6rit i5iolects charter m d'p- emberan past . ry I of conau�ii or the Cit ng field inv&st'igatlo'n'* s' IF of San Juan Capistrano related to: FkonorS6-cl.etvqfClvilEnglneers iraffh:'c6nc6rns6nd Capital Pirojects Improvement Fullerton Chapter Developing Requests for Pr6pmalslor the' Zity of Sian.Juan 'Capistrano mmber and past historian of Arnfeilcan a In cl u dlng the c"de street narn e si gns yepi a ce merit project an d r'the update Sorlety of avil Engineers of pedestrian Heads�countd_ om Fullert6r; Chapter Aidingthe City of Wilaornar 'W"ith a Natl6nai Pollutant blsc�iinge- Elimination 'System!(NPDES) Outfall MonitoringProject by s-UrVe-ying.and conducting InV ' dntoryi of the C!tVi . 66tfalli Wor6'g &hOhlbiti anil providing design work usIhg'Aut6CAD f6i the_ Cities,. of San Jutan Cipls.trano and'St..'�e'lena" w f� 'h and for the Town 6 At erton. Engirmi6ring Intern —traffic Divisloft 2 1 0 . 14-2015, -City of Santa A66 CA OkI6 was x�ipcnnsible for�p�6vldlng rislocinsive, high-quility s6mjces io City employees,_ representatives of agenclbs, and inenhbi�i of the public by providing 1 accurate and''U'p-to-clatd information . Inanefficient and'tirriely manner nw. She o . v . er!;aw� inVisiigiting, designi"ng and reporting solutions,to.traffic lssues�. She ernOhtary schools located In .. the Cit:y, and' collaborated closely -with public elementary to S"Ici staff o'n tr_afrWIIf)_*'-'__ provemen6,and p�destriari safety Grecla project managed and'desighed small scale projects and . I . e. rpJ cts a -A's"socia-tion made presentations at Nelihbo-rWo'cid m-eetirigi - �'and _ s-ch-o-o'l presentations, r6pr4sienting the'Cifys Public Works AjiricV..Additionally, shi -crew Ecicirdin&", I �4'-iind;'qoflabbratecl with Elie city`s-tnalntenirhie- -on -various ,T�alnf.enaqce . activities Qotughout the City. Paje•04 25F-1 06 I'N TE RW EST CONSULTING' GROUP." vow w. In t'C; iw e S 16 rP. co -M ED U CA T.10 N a.5,; Civil Englneering, University of.Callfomla, IFAne, yvopn 6J.,Soto -Asla9 6cfai ll�nglneer j , Teaffic Sull . . —1 9 . Ylvdnne'recenOygracluaied Witk' her*grejein "bMi'l�6gin-dering !from Utf and. beg . an End mun-kip6i exo.erlence as an assistant engln'eer in. th6,pitV of Sahta'Aria.s Public wwks Department; Yvonne has'cbrnpleted couisework, in th6 - aireis of, Operatl6ns'& Control;. F0 jj 'Soll "Me�hinics, yd-j l6gyr, 'Stiuctu'rAl Steel Design,'nning &' reiasti'- n H ro Fla Transportation Systems, ProjeEt Planning End Management, and she lsproficient in using Mlcr6siatlon, Aut6CAD, 60 'BD-' EPAfi et,'-SW­WM', TransCAP,'Matl A, Synchro9, and Microsoft Office. 0.116i EbT BP EIC IF 1 .6 iXP E- E .Assistant.Civil Engineer 2017-'Prese'nt' City of Santa And [,GA In thispoiltion; Yvonne -.0'esigned channeliza!Jion and stlrlplff� curb. Imarki - ngs, sign5ge challengedacid iifiyslcally�I - parki - ng spa - ces Using . Mic�rostitlbri and fi6ftdled requests from, residents. regarding safety Concerns 16,n61966ili66cls. She prepared *&Vdrders using DepartmentI TrafficOrd I eF D I TO), da6bise aind .'RequestforServk6 (RI'Sidatabases io address residential requests and designs. She�also c6nducted field observations; analyzed . 'and ordered speidstudlds and trafficc6unt's, fo,-r, warrant I . st . Udle . s; ' �'a .tten dednd attended and,addresse . d neighborhood concernsatnelAoiekingsi kood-me-aad C r meet ouncil Membei — 1 1-- - — . — .- I . . I Ms :per!ainin'g to, traffic concerns 16 tilhe"City.,Yvanne also worked on the:calt,rans Encroachment 'Application Proc'ess- to. relocate, loop detectors for 6 striping pr'ject,and workid %4iltlh other departments on prbjects Utilizing the permit isisdanice softAia're'(SAPIN); 'kesidefitial Permit Parking Aide .2017 pity of Sinii Ana j CA ,Yvo6ne Handled f residines r6quks'to establish permit,parkiffig restrictionsIn certain neighborhoods, jfS. well �ipprocessE at ared, id, . and milled - out, l correspondence related to the permit parking prog6am.'She also'deslined and processed wo :'rk ib signs and iiiued iesld6fitial r-the'lnstillitio'n,6ftra 'ffic' parking permits at the Obblic cbuRiq�. or by mail. P696 65 25F-1 07 plan ff engin�er, - karnid Inspected f HqmId.Ab6dzaddN.04.,QSD. expl the 25F-1 08 _c6instrildiion Manager & Inspector 'is INTER WEST ONSUI-TI N b Ha6rad �a regist e�qd.engln�er -who Jhas_.heIcI'supeM-' ' -d , sq�V,anj rhar I PositIonslor Mo - re than,14 yiiars, indnaglrgyp t620 pfofeskl6rial and technicil' G P.projects ' budgets LIP'tO $40 M.-He has eitbnifv'-66ip'e'ri,e-nc,-e,ln,- wwJv.interivilstqrp.conmi, construction management. Taterial testing, gedtichhIE61 _e consulting ' tfng dh-d. leadership -With a proven track re�oFdiin deliver'Ing-c-61MR1ex. P�Djects' on tune and 16 budget. 0 U,PAT vo N P.110JEC.ir SPECIF16 'EIi P:E R I E N 6,E Wstar of Science, CIY4 Engfniiiinni� - ''I . Senl;klyil linginleer U61versltv of Tennessee 16 Memphis If9merly MernphT� state) I 2018-Present" ihterWeSt:ConsuitIng6FoU`p Bachelor of Science, CIVI Engineering; Hamid 'proVIdes construction rnana�erhent, inspIddi6lin, materlil testing and: YnIvers lty of,fennessee in Mer�phfs g_eote_qli4C�l-engInii4ringse rvices:to int(irWeses-ibu.ni6ipalclik6�s.� R E G-1 S T R AT 16 N Senior Reildent Engineer, I Sehicir Civil Eng-In-edr- I'dvil in�gineir C E R T I f VC A T I O'N S a6bii-ion hj� 6�nt_ Ora j0,6611cWorks CA Registend.00 Englneer,j 61298, .. Senlor.Readent*knjlneer-� Han�lcfheld this position f6r'ldlyiairs 16 the 6666/s. Quallfied SWPPP V�ffveloper. Cohstrbalon ­Departme�t managing - cbhstructI66 of `,'capital' improvement O��iet�.'��W�s-respq'Isible"f6-rinteracting*with , the PUbilcM , cl'othe�.ai�rici�s_,, . . responsible ' ADDITJONAL� ,E X P E R I EN C,E . __ - . - - adi�in,isteri.ng"p�qjec.ts,,ffia'n6gifig.-staff, reconinnending -61tiniati�e j6utlons'to Lebo Laboratory Manager, M.V. Lawmaster. .�onftictihg. Issues, �espancling to s-66inittils and m4uests. for information, .- - - I __ I - • 198�4986. ac t, Cep ing.construction - materials:6nd traflfl� contio[:pI;iii; comp6niking the contractors and niegotiatin h g contract change orclers�. During this ilnie, -he supervised �pIb 9' professional and technical stiff, nniihaged projects u - p to -$46M ancin*goiiate _d muld-rMlion d9flais -contract change orders. Senio'rCN#thjIhqer�Hanild worked in this position ior - ove r, years, managing 'the Materials'l:al�aratory� ' inclGeote chnic vl`a�e`n�eniS�ctlon, 116spon'silbliftids Iricluded managing up toll) profes'sional,drid technical sWF,,pr6pdflri9 annual 'budgets,:appro Upfrent ennen.,.prpp I arin g . rp ports or Vingeq .0riacur t And aCceptingL_ teJecting construction materials. W./I Enjln0r— Hahild .worked for -the Plannihg arid D . eveIl6prr6nt-,Servlciis Dep6ftment for I . 4 yean, ieWeWlng'�ip6rts,"cfie&klng issuing permits. closely with,plannefs,. ho-me owners; develop'ers;- d6signeii. an - d worked. p6tside 6 cles., Project Engineer �iqmlqk Zeiler de&666161, ln(� 'Hanild managed tfie'geotechnical I 'aspects of projects in&iclfrig 6 tvviinty nilill6n, c6blif - yirdgra�ing proj6din'ChInci Hills A�ea._H: du ties uties consisted of interacting with the protects' ;proponents, overseeing; . and sch`�diuing,:fleid technicians;, .assessing pr6jectO�ogeess,,evaluitingfi'61d-ci�diilons';.-p-erfor.f.ning-� I . .. I . . subsurface, explo6tions and preparing reports and 'plans fot,pHvato_and,pu6J(c4ork; projects,. Staff. - ogindeir. 1986-1988 S611,and Tesfing Engineers As'a sta I My E ft N6 ST cO-N , SU L� .7J W � GROUP Viww.1nt'dxwiast' rp . me . 0 M. ,EDUCATION Bachelor - of Science civil Engineering Calffi5mla State University of Long Beach Callfcrnla ,R E GJ 5 T R A T 1, 0 N S C E R T I F I C A T'LON 5 ltltimailanal code ibvundl J'643a27 Jcccerilfled Special $oil. lnspector -Nuddardertifled ACI'Cenlfied 'SWOO and NPDES Ce rtifled Ciros-Gahji; im Construction Manager &Jnii;Oeci6r Clros has more, ihan.20 yeais of experience in cd�structll'dnv 6 nk-ructlon l4spectldn,,,g�btech hicaltesting and disigh 66 a number c ' 'f prpikits-f6i'local *citie-g, . gov , ern - mbrit-ag - eintilbs, ..and -Firlv-ate cleviiloperi�He.iuccessfully completed'. m6hy,pp.161 Imor6yerni . nts . Projects, numerous mainline rillfie undergrobrid Uililty projects, bnd.c6mmerci6i.ttlia',Oyil6pfne6ts.- He Is an expert 16 flood comiol,,seWers, drainage, AC a6d!PCC paving, fraffiv Control, r6a6valy exicaVatlon,'s tols-te'sting, concrete Inspection and major.public *q responsible h5s - bee '�Ible for inspBaini'and reviewing proper'.. - . traffic,control plan; detecting'and l6cating f6ulty,materiali; malritalrilrid dailyinspection I I reipttirts;-aird petpailneflriai. ptinChrlisft. He 6ireat e'timtri'tunicatlon skifis.reisiSond - Ing - to citizen complaints . and providing vicii-rig, quality customer- !ibrvice. in addition, ha's prepared and maintained4 adments'Including labor�p �Jii�-- d, and equipment --records - and labor compliance reports.,aros Is,.familiar. with construction .p .r - o , ject sche . dullng.-He'his'w6rked veriwell with all meinbers.61` rivate,'Pr public P rid � blic agencies and was hljhly respected for his efforts. OhO4Eq* S?C.C- 1,V1 C UrX P E R I E.N.C,E 'The followift are projects for which,Cirbs acted as consultant Pryjecf lhspedoi; 'Hetzler Road Pedestrian Trail Im6rciverruaiiits Project City of Coiier City Clr6s provided Inspection idrpon'structionbf 13;606 SF CMU retalnirig Walls and 25000 SF of color PCC slclewalk;on Hetzler road, HIs.'rei tinsibilities -Inclbded; Inspecting line grade, size; e dvatlon 's and locations of imft6v&nents for SGOO LF of PCC "Aiah drain, - OeFioiminj dally 'ciirfstrict6 inspection and recording detailed daily and picture re6.6rts, Verify /a6ificrlze prqg�ess payments'vVith t.rnanager, monitoring contractors and city p�r-o'je-c Ii . g SWPPP and the 6MPs implementations ' and comply',w * ifh ihe'NPDES permit and to ensure c6ninta& coi�iplla6m with cont'raci plans and specifications. Additionally; he assisted with, ;pay qOantl I tVestimatds,iontractch'ahgborders,ii-builtdi-dWin,is,'andet-tending weekli,meetink& trackingt6rstrLict 6n,sEbedul6s.. AT&T 6DAS antenna (Outside Distribution Antenna Sytitent).11 City of Beverly Hills Ciroi-oir'ibrined'insOecti6n.fdr installations and construction inspection.of, . 75 cell phone' antenna towers on. I Cl ty 6 . f Beverly'H ills. ;Co naucted an ongoing, litsitectl6fi,of work -in -process to ensure.that the final, proq uct met drawings and, �r and-as-bullt,otahj construction, specifications. Maintain a dally-,eid) 'photographs documenting progress on*problem a-reas,Ahd include a0propirlaie. I photographs In monthly progress reports:. Observes work in itiogresi-to ensure - t It a t'. p ro cd d u rb s followed and' materials ' used conform � to', s p e clfi c-aiti it rs.. -0.6.serves.work-ln, progress -to _ensure that-pi�ctcecluires foll6wed and maierlali used. conform to form '.specificatloris., Inspect:s . torm pipes, �8idewalks,,Wheelchalr. Iramps,,se.w.ir'and street lighiiii-aic6Minlgto.'plan. `Fire'Stat!66 t � 1,City of Fontana. Responsible for conducting ditall inspections -of construction work to ensure' contract cbmpilince With plans and specification. lnip�eqtlrig.tti Installation new sewer and water main and storm &aln ln'stallationi. WrIt.1rig Weekly inspection reports - I to. ensuring complying with erosion control e6 - d storm waver'management. pl6hs: Completed ,and maintained records pertaining to. ;oistruciloh:Oiog-ressincluding ca'ily,r-epori'spnorithly'pay est-imates.and jobs expenditures.expenditures. Check andispee'ng Irrigation and laniscapingJor Miller Park east of prject. o' ct6iti $19nIIlion(deslgnlbullc). Page 57 25F-1 09 ' Jurupa HII1s Project l City of Fontana 'Responsible for performing daily construction inspection_ to an sure,contractor. compliance with contract plans and spedficatlons and (ecording detailed 'daily IN,TERWEST i lnspection Assisted with pay quantity estimates, Tontract change•orders,' as CONSULjING' ;i builtdrawings,andtrackingsched'ules.Inspectinglinegrade size,elevatlonsand GR'O00 f locations of'improvements, Preparatlon.and negotiations.of the .righi.of way www.infePwocterp.cSrn acquisitions with the,affected property owners Design sidewalks and driveway I.retainingwallsonCitrus,Solver'ah85antaAhaAvenue:ProJectCost: :approaches $2.g mililom Foothill'to Cypress / Randall-to Merrill./ -Oleander to Arrow Fiber optic Installation's Street.lrtiprovemeot and Traffic Signal Protect lCity of Fontana Responsible -for. performing -daily con"structlon'inspection."for trenching and installation fiber opttc cable foctrafiic signal Installations'; Inspecting defours to satisfaction of'the'City Traffc-Engineer.'Inspeding construction progress-- payments'and setting pre -construction meeting: -Inspect _ sfreet'constructlbn, •asphalt; curb and gutters, sidewalks, :driveways; ;curb •ramps, storm 'water, installation on ;Randall and Merrill Avenue.. ins'pecfirig proper, bedding- and',, backflll of utility trenches, construction of'roadway-courses and 'scheduling all. requires'construction testing: Project Cost:,$4;3 m Iliom Roman, Avenue Street Improvement,l, City-oLPalm'Springs,;Clty of baser_t Hot Springs; Courity,of Riverside Perform and supervise the Inspection:of. construction+work by -contractors} prepare daily reports 'arid verify :and authorize --progress, payments .vilth contractors and other public agencies. - inspect; cbnstru_ction _which included retaining wall; curb and gutter,.rerpoval and replacement of concrete sidewalks,. public; works construction of cross gutters, concrete curbrTatr ps,'driJeways, installation of waterlines and 'sewer lines, placement: of Portland Cement, slurry and'chlp sealing. Inspect and generating punch list apdsuperJise.preparatlon of '",Bs -built" records � Project Cost: $7• rhillion. Coachella'.Valley;ape _Mission, Spring Water, DistrictJ City of,lndio, City.o'f Thousand Palm;_County of Riverside RespdrisIble for inspecting pipe line installation, line and' grade verification, oo'cuments aril. picture. recording,-detailed,daily IVspea- ion .eiponsible for monftoring SWPPP and the RMPs implementations'and comply;with'the NPDES Permit requirements::Also,._responslble .for performing,idally 'construction inspection fo ensure contract& compliance with the contract plans and 'specifications, ana recording detailed daily inspection reports, The Cove Project j City of Palm S' Irig; Caltrans -, bistrictg Responi ble'for inspections of allconstruction activitiesto;eosure:contractor compliance Wlth contract plans -and specifications and recording detailed daily .inspecilons:'oversee Inspect mfiel onitord work; evork schedules and nspe_'dion phases. Participated in numerous safety programsand_.s_t_rictlyenfo_rce_d_ safety and health requirements_ on the site: Page 68 25F-110 I j j' thui $fagnet l' Construotion;l nspoctor. INTERWEST Chuck_isaconsfructionlnspectorwithmore than 15.years of&z erlenceserving, CO.NSULT,ING• munlcipalltlesmhis'fleld Hehas'beenmvolvedofallaspectsofVariouspubllc• G'R_O U P.' I works projects and Is knowledgeable of State & CGunty' OU61lc Works_ regulations as well'as MUTCD, SWPPP and OSHA regulrements Chuck,is aii accomplished' .www:interwusegrp.coin 'I professlonalwho prideshimselfonprovldingquality,timelyservkesinafriendly, collaborative way. Over his career, he passer led as Project Manager; business ;owner, and a pert'of a team; glving him unique'Insighti and the 'managerial skills R E G I S T R A i.}gyp fJ 5 to'prorriote communicat(on and satisfaction at all levels, ;C.E R TA FIC A i' ION'S Best Management Practices�(RMP)' IP R O J'E CT "S P H C I F4 C. E X P E R1 E N C E CerVf1cat4Holder OSHA Competent Person CertlRcetlan, I Inspector,I Construction Manager . OSHA Confined SpaceSenlflptlon :2016-13resent Inte_rwest _Consulting Group. Chuck,provides;management'servkes and Inspectionsro6._Caltrans and•publlc: f Works projects. His dutles:included:conducting weeklyfpeetings'and'setting & monitoring budget controls, RFIs; & RFQs. Chuck provld,ed•Inspection' services for civil road Improvement projectsfoll&Wing MUTCD; SWPPP,-and OSHA guidellnes throughout the construction process.'He ofte_ n represented dlents as the male between contractor, retidents.and businesses,. while maintaining'a• iliaison friendly, hands-on managerial approach: Inspector I tonstructlon Manager 2011-2016 Civil $ource.Englneering, Inc. I Chuck, provided management services and inspectioris.on Caltrans and public works projects. His duties included conducting weeklymeetings and setting & monitoring budget controls, RFIs, & RFQS. Chuck provided ii's Ctioh servicesfor civil road improventent.projects following MUTCD; SWPPP; and OSHAguidelioes throughout the construction, process, He often'repedwrited clients as the rnaln liaison :between contractor, lesidenfs-and businesses' while maintaining a j friendly, hands+oh managerial approach. I Foreman l :superintendent. l 2108-2111 Bannaouri.Engineering; Incr Chuck managed CA County'Public•Works Projects consisting of.grading, pavingr underground utility relocation`,'&;retaining structures. He was responsible.for scheduling: as-bullts, billing; .subcontractors,. lemployees and other utility. i agencies all while maintaining a positive working environment for all parties. :Foreman- �. 2006-2008. Alliance Street Works Chuck worked closely with the projednianager to manage quiniit es aniJ billings- for'various public works projects. He was responsible for scheduling, wet & dry. I underground ptlhty lnstellafion, subcontractors and up to 25 employees. Chuck I saw to thesuccessfufcompletion6f$11'Mwor[hof'projectsfor'CathedralCity; burner 1994-2004 C. Stagn&-Enterprites,inn Chuck was the 'owner and operator:of: this underground utility contracting. company. He installed utility backbone systems and:oversaweveryday activities `for,public Works and private projects ' rangingirorri stokto $ M: Chuck handled all aspects of his. business; from mahaging; cost .controls and bidding to schedulln'g of equipment, employees and business activities. 'Page 59 25F-111 Secretary Treasurer, Superintendent J 19So-1994 'A & L Construction, Inc: Chuck oversaw everyday activitiess for this underground .Utillty,'contractbr,. He N T E R W E S T [ manage"d various pibjects ad c nre`wsof up'to 70 union,employees and handled C O N S U LjI N G ail aspects of project and business,zost controls, estimating/bidding; scheduling'. GROUP' of equipment employees and huslness activities projects that Chuck helped manage include Irvine Center Drive and most major Parkways for the Gty,of Aliso www,.fnterwesfgr'p,.com. it �eih:. Page eo 25F-112 GI 'I fiTE RV ES . T CONSULTING G R OUP' . .1 www.intorwesturp.com •E D,U CATIO N ,Associates Degree In CAD6 techVolpgv - LrTiih Institiki — NOV.'11M RE,GiSTRATIONS CE,RTIFICATI C-N 5 Fotts Foir Haiards in Construction Con stiuctIDn Health & Safety Technician (HST) __Baard of be n1fled Safety �Praleisl6n6ls (BCSP) kAZWc-PER.Tralninidertifiation first AM & CPR Training Course. C66qnied Space 7 Entry SdparviSorA Entrant, Attendant OSHAIO.' June® 'velaseo MIA i didkm6dc6n< success in all facets of i his track record'of of - st �Pubilc Worki , Conit6ud6n (WATCH);,and maiul6l,p tracking:. and inspector ar reb6rd d works p[ojects.. his has cultivitid ion of - multi -million dollar,projects: ig 'client 'Wation5hIps; and bulldInii s ' tlbiOntractoFs and vendors, all While !11-v"- � 'r'-ers idl�ita_nd'ad Specifications f6'.e' Work Afea TrafflcContr6l Handbook 'well. 4 docurne.fi,t preparation Arid P it wi E 0 T S 0 E t.1 0 V.0 i 5' P E �it I E 4 6 E Constniction and Grd8ing Inspea6i 2016 Present Interwest Consulting Group' itillo hag.,pdrformed ptiblic Works. construction 1pipeifiofi for' client. ciiies, i6clOdIng'the City of Pomona and .thi OW of Niiiporf Beich; His cutles'Includc' •MOOltortrafflc control pro , bleffs atcortsiructioh site and i:6&dInati corrections If necessary • Prepares an records _c _r a daily reportsf&r ericroaihirient pemni6, , o ds neqess ry d J Review plans and specifications of assignic! i5r61eEt; attend and conduct ,pr,e.-co.nstr.uctlbn.cohferences as necessary, • Inspect materials for Identiflication-mconfdrming to speiclflcations • Performavarletyoffieldtests Observe work during -progress and lipon c6mpletl6n;.pf6par6 field memos tocontractors i Coordinate Work wlih other Oty departments and utilities • Perform'ie'lated' dut!6 as asslgned Project Mel'nager 2013-2016 Miatro Suilders..& Engi6eers Group, Ltd J.ulto's :duties included devblophient.;and Upd6tds of. project - schedWes, - - - J�t - f con�ti icintiri'. management 0 ructlon-Qd operations, e gem- - -Ons, contract litrartion, change orders, negotiation a activities, and' claims mitigations. Hewas also responsible for Interf4cing with ciletits;*architiconsultants„-Utility co'mpa, hie;s' and public agencies and for thepFeokrit]6"n--of Submitijls,.OFI's,'ChangeOrders, ,Sulbconfracts;.clally project ie�,6rts,'dnd weekly pfety'rneetings. He managed and oversaw entre�' Ulng., Or et - 4 i prdjects� Inclu. qJe ommunication and project documentation, meetings with - h project ownerand A/E/proctirement of vendors and nd subcontractors,. development of -pay requests; ;closeout -documents and. coordination . r with fields u p e r! fitend en'i and field foreman as necessary, :Project Engineer, I Project Coordinator, 2002-2012 Metro Builders gt'Engineers Group, Ltd Julio was. resoo6sible.for the preparation of Submittals, 'FlFrs,.Change Orders;. subcontracts, daily project reports, and weekly safety meetings:,He,managed and oversaw entire projects frorri start to.finlsh. page 61 25F-1 13 NTERWEST, CONSULTING GROUP,. 'WWW. In to raves to rp. a a rn. AilidSafety Offim 2002-2016 'Metro Buila6rsWEngIneaii Gfoupi U66 In thislilon, -Julio. oversaw ikke�kfi and. safe 'l5os uo6rsa"Wl I . . - . 1 1, . I I I - safety 6f.comoimy bpbratl6nsfor tlie'voelfari 6fall ,empl6jeis and subcontractors: :_ % , welfare . - o�s. 'rhWlncludeJd scheduling necessary employe6,saf6iy.a�nd Injury 6alnfhgsp ehiuring .the proper use of all necessary Pees8nal'Pn&eci!Ve t4bpm6ni (Ppoiand _safely I ly .operatl ' Ng'all'.he-avV'equ'lp�neni,."ieioqu'ip.ffient,a6d iools,'(povver,,pneumat[q, land powder actuatd4 Thli: *lt[66''iko involved;performing incident inves tigation. The report was created lmediateJy aft.e.r. an incident * when ir�o.r6pe?,safety procedureswe'rn were mr p ne.orlanincidentoracci en.tJoccurred: This also required th.e maintenance of all projectaiAd empl,oyieeihcideni reiofds, and asSlst;rg :project .. supe . rintendents with all aspects. 'off f company.,sa ety programs,and pr6jecfspe6lflc IIPPs. Each project lncl6ded b6iwas, not limited jo­.., Weekly Safety -Box Meetings, Dally,lnspectlons;Job Hazard Analysis and 611 torp6nehts6iplanningico-himunIcation.indcoordinkloh.. P66amiUlied MS,bfrice2Oi2'(Exc6l;Word, ,Access, Projiit,.batlook,6ne--N*ote,I and -Poww Point)', Aut'CAD 20674'2012 LT:& Ad * " Pr�fe - I obe ., ssonal.. 'EngineeRfig briftsman :20013-2002 larnbcd Enigineerling Ai iri Engineering ' Drafismi6, id.116's rk0brisibilitlei 16Volved ihe production andc6brdlnatlo'n'r:0f_ -traffic control -plans and .the -re-routing of 'underground t6lec6mffiufil6ilcn utility lines.' This w'or*k.*was desig_h*' 'ed using 'AutaCAD' � ita6daiils and menus for Level 3 an , d - GST Te leco , nvnow 7(i �ne:Watriier-Yile-c'd m. -Englneerlrig Included: traffic itontral plans lb.accordan*cb,tc`tbuh.ty'Clty,: and . Caltrans.'requirements. "Also included thb AUL6&1) develo_pm - en I t-of construction ,plans; site plan, general notes, details of manholes, bore holes, burel�V3dfts', and bridge-'s'3'D,and As--bb-il't-plahs.'These iirawings noted stationing t -:1 ationing of street and ldcati6n ofall existing underground utilities such'ai; water li n"ei; gas lines; sewer lin-qs', ielephone lin6s, 6bkOhes, seorm.dhiln's and proposed trench. Pigganis'uwd: AutaCAD R14 and 2K, Microsoft Office 98 &,2K, Mic1ros6ft maps I trips 2K,'b.ig1tai Thom'asbros'.'-_GU'lcJe,, and An:ViEvv. Draftsman: '119 , 7-'2600 David H; Lee it Assoclates'Inc. Jullo;s;d.ufies,lhdu6d the coordination and malnteA0c6'6f'the,DraftlPg I)epaitm6hit;*geol6g1ia1 id6ritificail on of Client job sites;' field measurements of 1,existing . 'flo-cir plans; floor level §urviyi (c6nt6ur'U1apping);,borinjJoj proflles;, Fl68rWvel.sUNiy.oirf6rrr ed(wiih.amgn'orneter;and AutoCA6dr,@,iiinkof*site ;plan, Geotec , hnical map, floor plan, floor levelsurvey, -ge !grap'6,.dnq borj*ng.logs. Programs Llsed:'AutoCAl) LiT - ; P'.7; -98, &_'2K, Microsoft Off lcb-pii, Surfer,.Mobi, Photdshop,,St Digital Thomas Brbst,Gdlde, page ni, 25F-1 14 gee.Pr®posal Projeo Engince'r seniot civil Etig Assistant Engine EXHIBIT B SECTION 3. EMIR ITLSTtONSULTiNG:GROCIR4/1M4 ,TW, 'j}i ,L (;k"c, License Re_quired). _GIS= A_ fialyst " Land Surygoi"(LS; I icense Required) Project Manager'. rield Insp- iot ECanitfuctipn) Building Inspectof,(Buildings) Storm Waiter:Coordinaior Plan Check Engineer .Maptilecker Senior.Accouniing AssikW Accounting Assistant. Administrative Assistant Contract eldintnistrator Nnfi t Niking Assistant Mileage will be reimbursed at:ihe current, IRS rate., '$14Q M40 $II5 $105 $95 395 S 160' $105-.M $754'5' $I25 $140. .tl40 � N/A ,NIA-'. ;Iu/A $105 $95' wertime,.night, and wMceorl construction nianagetnant and inspection rates, are i400/,,d , h* listed above: There:is no charg— wforshipping.or courier service i'or offsite,plan,revieyv services;. 'iNT.ER.WEST CONSULTING GROUP' 25F-115 25F-116 EXHIBIT 4 AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS THIS AGREEMENT is made and entered into this 16th day of July, 2019 by and between Penco, -a-Cannon Company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 30, 2019, the City issued Request for Proposal No. 19-045, by which it sought a consultant to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 19-045 and addendum thereto, C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 19-045 and addendum thereto, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of several consultants selected to provide services on an as - needed basis under RFP No. 19-045. The total compensation for services provided by all consultants selected under RFP No. 19-045 shall not exceed the shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. Pagel of 8 25F-117 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 15, 2022, unless temrinated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the perfonnance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and Page 2 of 8 25F-118 perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 8 25F-119 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, Page 4 of 8 25F-120 for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 5 of 8 25F-121 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center PIaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Penco, a Cannon Company 16842 Von Karman Ave, Suite 150 Irvine, CA 92606 Attn: Gary Solsona, PE, QSD, Project Manager A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Page 6 of 8 25F-122 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRINIINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 25F-123 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall because for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: J& M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT ame: i' 561-Say.4- Title: fogt-t c- L--*1C*S P�Wk l-e- Page B of B 25F-124 W a Awe -Sow: a" 9 June 13, 2019 Mr. Taig Higgins, PE City of Santa Ana, Public Works Agency 20 Civic Center Plaza 4th Floor Reception, Ross Annex Santa Ana, CA 92701 RE: City of Santa Ana's RFP #19-046 Engineering, Technical, and Administrative Support Services Dear Mr. Higgins, Cannon is pleased to submit our qualifications for the Santa Ana's RFP #19-045 for Engineering, Technical, and Administrative Support Services. Our proposed staff includes a team that is familiar with the City of Santa Ana's expectations, processes and procedures, resulting in successful execution of the City's task order assignments via our 2015 & 2018 On -Call Engineering Support Services contracts. We have included the task orders performed with the City In Table 3, Relevant Project Experience beginning on page 8 as well as other relevant experience with Public Agencies locally. Our Team of professionals have the relevant experience and resources in all technical areas with the ability to carry projects through to completion, and have a proven track record for delivering services on time and within budget. We pride ourselves in providing creative solutions and efficient approaches to our projects. We will operate as an extension of your staff and will keep the City's goals for your projects always at the forefront of our decision process. During the past 30 years, Cannon has had more than 50 On -Call contracts with various agencies in Southern California, including the City of Santa Ana; 25 of which are contracts within the last five years and we have listed them in Table 1, page 4. Cannon has a proven track record with Public Agencies of successfully being responsive and collaborative with city staff to provide professional engineering and administrative services. Cannon's Project Manager, Gary Solsona, PE, QSD, offers the City of Santa Ana his proven professionalism and experience with PublicAgencies to staff the up coming task orders under this as -needed agreement. Gary will be the single point -of -contact for this contract. Contract Agreement Statement: Cannon has reviewed and accepts the Standard Agreement provided as Attachment 2 in the Appendix of the RFP and takes no exceptions with any and all provisions. Cannon also acknowledges Addendum No.1 issued June 7, 2019. On August 1, 2018, PENCO merged with Cannon. This corporate merger expands our multi -disciplinary engineering offerings reaching across California. Our team (as PENCO, A Cannon Company) has been providing comprehensive civil engineering and surveying services in Southern California since 1976 to both our public and private sector clients, including the City of Santa Ana. Our team is ready to start immediately. I attest that all Information submitted with this proposal is true and correct. Our proposal remains valid ninety calendar days after this submittal date. The City can reach me by phone or email listed below. Respec Ily s miffed, G Solsona, PE, QSD 7 Project Manager 16842 Von Karman Avenue, Suite 150 Irvine, CA 92606. 2 949-777-1580 ® GaryS@CannonCorp.us Lar Kraemer, PE Principal in Charge 1050 Southwood Drive, San Luis Obispo, CA 93401 9 805.503.4542 R larryk@CannonCorp.us STATEMENT OF QUALIFICATIONS UNDERSTANDING OF NEED On an as -needed basis, Cannon will provide the City of Santa Ana with professional staff to perform engineering, technical and administrative tasks for the delivery of Public Works Services. These tasks may include: Engineering design for street rehabilitation and street widening projects plans and specifications; Underground utility design and review for water, sewer and storm drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure review of and processing of right of way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and irrigation system design for public work projects. In addition, services may Include traffic signal design, road striping, survey services, contract management, project Inspection and oversight, and administrative support services. Cannon will provide staff for the following positions Engi need ng/Technical: • Project Engineer • Senior Civil Engineer • Assistant Civil Engineer I • Assistant Traffic Engineer I • Assistant Electrical Engineer I • Assistant Civil Engineer it • Assistant Electrical Engineer II • Assistant Mechanical Engineer II • Engineering Aide • CADD — Designer • GISAnalyst • Land Surveyor • Project Manager • Field Inspector (Construction) • Field Inspector (Buildings) • Storm Water Coordinator • Plan Check Engineer (Grading, Street Improvement, Utilities) • Map Checker Administrative Staff: CONTENTS STATEMENT OF QUALIFICATIONS CoverLetter..................................................................1 Understanding of Need.................................................2 Firm and Team Experience...........................................3 Organization Chart .......................................................6 Relevant Project Experience and References..............8 Scope of Services & Schedule...................................10 APPENDIX 1 Resumes Certifications Attachment 3-1 Non -Conclusion Affidavit Attachment 3-2 Non -Lobbying Certification Attachment 3-3 Don -Discrimination Certification FEE PROPOSAL Submitted in a Separate Sealed Envelope • Senior Accounting Assistant • Administrative Assistant • Contract Administrator - Permit Parking Assistant Cannon has selected iteris as a subconsultant to be a part of our team. Iteris, Inc. will provide Traffic services. Upon the City's request to provide staff, all candidates will be pre-screened by Cannon to confirm they match the City's requested need. Cannon's Project Manager will meet with the City's staff to ensure that the City's requested need is understood as needed on each assignment. Up to three candidates will be provided for each requested position and interviews will occur as needed. It is understood that registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents. Our Project Manager, Gary Solsona, PE, QSD, will meet with the City on a regular basis to see that each placed candidate is meeting the needs of the City. The Project Manager will also meet with the placed candidate on a regular basis to make sure the candidate's needs are being met. FIRM AND TEAM DESCRIPTION Cannon Corporation- Providing Reliable Responsive Solutions since 1976 We are currently providing support services to the City of Santa Ana and are familiar with the City's staff and process As a full -service engineering, surveying, and construction management firm, we take pride in our ability to offer clients a broad range of services. Our commitment to providing clients Reliable Responsive Solutions, whether the project scope is expansive or more specialized, spans more than 40 years. During that time, we have worked with many cities, counties, and agencies to make streets safer and more pedestrian and bicycle -friendly, to maintain and secure more dependable wastewater and water systems, and construct buildings and facilities that are structurally sound. Likewise, we are dedicated to creating sustainable landscapes and providing a high level of technical expertise In areas of low impact development (LID) design. Our team of more than 150 professionals includes registered civil, electrical, mechanical, and structural engineers; automation and SCADA system specialists; licensed land surveyors and landscape architects; and Caltrans certified construction managers and inspectors: We have extensive experience in design, and surveying services, street rehabilitation, widening and improvement projects and include major street, storm drain, right of way, water, sewer and dry utility design, and plan check services. Cannon provides preliminary engineering studies and master planning for drainage facilities, hydrology and hydraulics, water utilities, sewer and dry utilities. Our local Survey Department consists of highly trained and experienced team of professionals, including two registered land surveyors and fully staffed field survey crews. This survey team utilizes cutting edge technology to further facilitate accurate data assessment for our clients. Our office uses the current versions of AutoDesk Civil 3D software to facilitate expedited ALTA, Topographic Mapping and preparation of legal descriptions. We also utilize Civil 3D, a 3D modeling software for our BIM projects. Our field crew and office staff are linked with wireless connections from field laptop computers directly to our Office Locations Our proposed Project Manager, Gary Solsona, will be managing services for the City from our office In Irvine, California. Additional services for the City will be performed by Cannon hastaff across all offices, as well as on -site when needed. Bakersfield Los Anaeles Irvine office operations, thus enabling data to be transmitted both ways instantaneously. This provides our clients with more efficient and cost effective field surveying and office mapping services. Experience Counts Our project team offers relevant expertise in the following areas: TEAM EXPERIENCE Cannon has provided comprehensive civil engineering and surveying services for 40 years and has a long history of providing civil engineering design, construction administration, and surveying services for agencies such as the City of Santa Ana, City of Anaheim, City of Irvine, Orange County Public Works and Flood Control District, the Irvine Ranch Water District, Port of Long Beach, and Los Angeles County Public Works. Our two recent On -Call Engineering contracts with the City provided similar scope of services; in 2015 Cannon provided two staff members to the City of Santa Ana for as needed services and in 2018 Cannon completed 145 Plan Checks, Including, but not limited to, grading, drainage, street, sewer, water and WQMP successfully with quick turn around times. MUNICIPAL ON -CALL CONTRACT EXPERIENCE Cannon's 50+ On -Call contracts experience stems back to 1988. Table 1 below highlights our municipal On -Call contracts within the last five years. MEETING THE CITY'S EXPECTATIONS Cannon has successfully delivered services for the On -Call Plan Check Services and Staff Augmentation, awarded in 2015 as well as the more recent On -Call Contract for Engineering, Technical and Administrative Support Services commencing September 2018. We are familiar with the City requirements, protocols, and high expectations and are ready for another successful project with the City. ON -CALL Agencypublic City of Santa Ana . On -Cell Engineering & Landscape Architecture / On -Call Plan Check Services / Staff Augmentation City of Anaheim On -Call En i eering & Design and Construction Support City of Chino On -Call General Plan Check Services and Construction Management City of Diamond Bar On -Call Design, Plan Check and Construction Inspection Services City of El Monte As -Needed Plan Check Services City of Fullerton On -Call Civil Engineering Design Services / On -Call Water Engineering Design Services / On -Call Development Plan Check Services City of Gardena On -Call Construction and Inspection Services City of Garden Grove On -Call Survey Services 1 On -Call Engineering and Staff Services City of Glendora As=Needed Survey & Ma ping City of Grover Beach On -Call Construction Inspection Services City of Hemet On -Call CIP Design & Construction Support City of Huntington Beach On -Call Plan Check Services City of Lake Forest Consultant Team Services (Engineering, Survey, Landscape, Traffic, Utilities) City of Lancaster Mull Year Professional Services City of Los Angeles General Civil Engineering Services City of Manhattan Beach On -Call Professional Design Services City of Menifee On -Call Surveying & Engineering Services / On -Call Civil Plan Check Services City of Moreno Valle On -Call Professional Consultant Services / On -Call Surveying Services City of Paso Robles On -Call Construction and Inspection Services City of Pomona On -Call Pavement Rehab Design Services City of Redondo Beach On -Call Professional Services City of Rancho Palos Verdes On -Call Civil Design, Engineering, Surveying, and Planning County of Riverside EDA Pre -Qualifying Civil Engineering and Land Surveyor City of Santa Fe Springs On -Call Land Development Plan Checking City of San Luis Obispo On -Call Design and Construction Services Los Angeles Community College District On -Call Civil and Survey Los Angeles Unifiad School District On -Call Professional Civil and Survey Services Orange County Public Works On -Call A/E Services for OC Development -General Services On -Call Construction Support Services for Road Projects, Various Locations Port of Long Beach On -Call Contract Engineering Services / Pier B On -Dock Rell Support Facility San Bernardino County On -Call Contract for Architectural, Engineering San Luis Obispo County On -Call Construction Inspection Services Table f KEY TEAM MEMBERS With our previous experience working with the City of Santa Ana aligned with our On -Call experience with public agencies, we have to ability to offer the City a Team who will perform the services required to meet and exceed the City's expectations. We have provided brief biographies of our key staff and full resumes can be found in the Appendix. PROJECT MANAGER Gary Solsona, PE, QSD, will be the single point -of -contact for all staff assignments under this agreement and will work very closely with the City to establish staffing f requirements. Gary has extensive experience managing contracts of this type with many public agencies including the City of Santa Ana, City of Anaheim, City of Newport Beach, City of Fullerton, City of Yorba Linda, and Irvine, to name a few. Gary will manage the team �. and deliver staff that meets and exceeds the City's expectations. Project team meetings will occur at least once a month (depending on task, size and schedule requirements) to review progress, schedule, technical requirements, coordination and the information needed to deliver City tasks on time and on budget. Meeting minutes will be published with action items for the Team and the City. The City staff will be part of the Team meetings as needed and/or as requested. PRINCIPAL -IN -CHARGE / QA/QC Larry Kraemer, PE, will serve as Principal -in Charge for this project. With more than 30 years of experience in wastewater and water supply resource engineering and construction management, Mr. Kraemer provides a senior level of technical experience and project understanding to our team, He is known for his quality of work, commitment to customer service, and effi clent management of mufti -disciplinary project teams. In any unforeseen event where Gary Solsona is unavailable, Larry Kreamer, PE, will become the point -of -contact. SENIOR PLAN CHECK ENGINEER / SENIOR CIVIL ENGINEER I STORMWATER * COORDINATOR Jay Kananl, PE has more than 25 years of experience as a Senior Civil Engineer providing general plan check services, design and CWQC for capital improvement and various residential and commercial land development projects to ensure adherence to the Department of Public Works/Engineering standards and design policies, and conditions of approval for all development projects. SENIOR PLAN CHECK ENGINEER Bijan Yazdanl, PE has over 30 years of experience as a 4Senior Civil Engineer providing QA/QC and general plan check services for capital Improvement and land development projects to ensure adherence to the Department of Public Works/ Engineering standards and design policies, conditions of approval for all development projects. Projects include roadway design, drainage design, right-of-way, grading plans, storm drain plans, street improvement plans, signing and striping plans, and water and sewer plans as well as checking of tract and parcel maps, lot line adjustments and easement documents. GIS ANALYST / LAND SURVEYOR J Braley, PLS, will be our Land Surveyor on this assignment. He has over 40 years of experience as a Land Surveyor throughout California. He has a strong background in boundary and title related issues. J has provided survey services to public works agencies, institutional agencies, and private land developers. He has a strong background in right of way mapping, boundary and title related issues as well as topographic surveys, horizontal and vertical control, and monument staking and construction staking. CONSTRUCTION MANAGER Todd Bartolome, PE, QSD has over 35 years of experience as an Engineering Manager, Resident and Regional Engineer with extensive transportation and waterlwastewater construction experience. Mr. Bartolome has significant experience working with public agencies during his tenure as the Statewide Construction Engineer in Idaho for the Local System. SUBCONSULTANT TRAFFIC SERVICES • • ® Iteris, Inc. is the market leader in applying informatics solutions to the transportation i i:e r is industry since 1987. Iteris' 433 staff have decades of expertise in traffic management, along with superior services and patented products that help detect, measure, and manage traffic and vehicular performance; minimize traffic congestion; and empower Iteris clients with solutions to better manage their transportation networks. The firm is headquartered in Santa Ana, CA with 13 offices nationwide. Iteris team members are experts in the fields of transportation planning, traffic engineering and ITS. of talent and experience. ORGANIZATION CHART PROJECT MANAGER PRINCIPAL-IN-CNARGE, QA/QC Gary Solsona, PE, QSD Larry Kraemer, PE ' - CONSTRUCTION MANAGEMENT CIS ANALYST/LAND SURVEYOR PLAN CHECK ENGINEER ASSISTANT ELECTRICAL AND INSPECTION. J Braley, PIS GRADING, STREET ENGINEERII CONTRUCTION MANAGER IMPROVEMENTS R UTILITIES Dinesh B. Peeramsetty, PE Todd Banolome, PE,"QSD SURVEYOR/MAP CHECKER Jay Kananl, PE John Koepke, PLS Bilan Yazdsnl, PE . ASSISTANT MECHANICAL FIELD INSPECTOR .. Jorcyn Doyle, EIT ENGINEER II (CONSTRUCTION 6 BUILDINGS) Nhut Pham, EIT Derek Thoele, PE Jameson Farr ' Cameron A. Venneulen, PE PROJECT ENGINEER Sterling Mosley, EIT ASSISTANT CIVIL ENGINEER II Jordyn Doyle, EIT SENIOR ACCOUNTING ASSISTANT SENIOR CIVIL ENGINEER / Nhut Pham, EIT Eva Lagunas STORM WATER COORDINATOR LANDSCAPE 6 IRRIGATION ADMINISTRA71VE ASSISTANT/ Jay Yananl, PE SYSTEM DESIGN PERMIT PARKING ASSISTANT Jared Desbrow Veronica Tortes ASSISTANT ELECTRICAL I Alex Maestre, Err ENGINEERING AIDE/CADD CONTRACT ADMINISTRATOR David Noegsch, EIT DESIGNER Marcie Bohao Rafael Gutlerrez ITERIS, INC. ASSISTANT TRAFFIC ENGINEER I Evan Shipley Sawanpreet Singh Dhaliwal m Key Staff TEAM QUALIFICATIONS Table 2 below illustrates our key personnel's qualifications, years of experience, and percent of availability. Resumes of the Cannon Team are provided as an Attachment. Gary Solsona, PE, QSD BS, Civil Engineering Project Manager Professional Civil Engineer, CA#88420 Qualified SWPPP Developer/ Practitioner 0234666 Larry Kraemer, PE - _ MS, Civil Engineering, Water Resources. Principal -In -Charge, QA/QC BS,Agdcultural Fsginaedng �Clvil _ Professional 1enee`er,�CA, No. 44813 Jay Kan anl, PE Education BS, CIA Engineering Senior Plan Check Engineer Advanced Concrete Design /Advanced Hydrology Senior Civil Engineer Profesalonal Civil Engineer, CA No, 48353 Storm Water Coordinator Bilian Yazdani, PE BS, CIv9 Engineedng/ Professional Civil Engineer CA#W211 Senior Plan Check Engineer___ .- .. Sterling Mosley, EIT BS, Civil Englneering / EIT#145412 Project Engineer Jongn Doyle, EIT MS, Civil Engineering.. ' Assistant Engineer ll-Civil - BS, Civil Engineering ' Plan Check En Ineer ' - Nhut Pham, EIT BS, Civil Engineering Plan Check Engineer Assistant Engineer II - Civil Rafael Gutierrez '. ., Associates Degree, Computer Drafting and Design ITT Engineering Aide..:.. ' CARD - Designer " - IAlex Maestre, EIT BS, Electrical Engineering / Engineer in Training, CA No. 165329 'Assistant Electrical Engineer I David Noellsch, EIT % BS, Mechanical Engineering/EIT Qalifornla, No.153790 Assistant Electrical Engineer I — Control Systems Professional Engineer CS 7576 Dinesh B. Peeramselty, PE _ MS, Electrical Engineering Assistant Electrical Engineer II BS, Electrical and Electronics Engineering ' Professional Petroleum Engineer, CANo. E21736 Derek Thoele, PE BS, Mechanical Engineering ' Assistant Mechanical Engineer II Professional Mechanical Engineer, CA, No: M 38272 Cameron A. Vermeulen, PE B.S, Mechanical Engineering Assistant Mechanical Engineer II Professional Mechanlcal Engineer, BC, Canada No. #34887 Engineer, J Braley, PLS .' Land Survey Courses i Course./ IS Course / PLS, CA#844( Land Surveyor) GIs Analyst: John Koepke, PLS JD Law/ PLS, CA#7841 I CFedS CA#1104 Surveyor / Map Checker Todd Bartolome, PE, QSq BS, Construction Engineering / Registered Civil Engineer, Califomh Construction Manager ' No. 86198 / California GSP/D Certification = 66198 / Traffic Control Supervisor -American Traffic Safety Services Association / Cahram Resident Engineer Training / IPA- NPDES Certification Jameson Farr ACI, American Concrete Insttlute, Cart ID-011383421 Field Inspector (Construction & Buildings) Nuclear Gauge Operator, Cart ID-17943 / CTM (Calif Test Methods; Jared Desbrow Bachelor in Landscape Architecture / Certified Arbodst Landscape & Irrigation System Design ' Eva Lacunas. Senior Accountinc Assistant BS. Arcoun8ra vmumua Administrative Assistant AA, Argosy University, Santa Ana, CA Permit Parking Assistant' Marcia Bohac Contrail Administrator BS, Human Factors Engineering Evan Shipley BS, Civil Engineering Assistant Traffic Engineer I (beds) Sawanpreet Singh Dhaliwal MS, Civil Engineering Assistant Traffic Engineer I(Iteds) _- Bachelor of Technology, Civil Englneei Table 2 17 33 25 T 7 3 2 .17 2 2 8 6 10 45 38 37,. 6 4 JI 18 20 2 2 RELEVANT PROJECT EXPERIENCE AND REFERENCES Our Cannon Team has direct experience working on similar projects with public agencies. Table 3 below lists Cannon's featured relevant projects within the last five years along with key elements from the scope of work provided in the RFP, a reference for each project and dates of service. We have also listed a few of our subconsultant relevant projects. Scope of Services 8 O NIU a Relevant Projects pg 0.1 1If a• N C 5 Q gy a b a �m . o` ¢N 3 ¢ A ci ¢ City of Santa Ana On -Call Plan Check Services and Staff • • • • • Augmentation, Santa Ana, CA Cannon is currently performing numerous broad based plan checking duties for the City of Santa Ana. Typical Plan Check services include grading, sewer, water, storm drain, hydrology reports, SWPPP's, street Improvement plans, signing and striping plans, and street lighting. Cannon provided two staff members for Construction Administration and Accounting Assistant Assignments to the City of Santa Ana. Construction Administration and Accounting Assistant tasks Include: knowledge of State and Federal Grant reimbursement, knowledge of Santa Ana financial system and program, and worked with OCTA and Caltrans staff relating to grant reimbursement. Reference: City of Santa Ana, Taig Higgins, PE, Principal Civil Engineer, thiggins@santa-ana.org, 714-647-5036 Dates of Service: 2015 - In Progress (2019) City of Chino On -Call Civil Plan Check Services Chino, CA 101 Cannon is currently performing plan checking duties for the City of Chino. Plan Check services include grading, soils report reviews, sewer, water, storm drain, hydrology reports, SWPPP's, street Improvement plans, signing and striping plans, street lighting, parcelltract maps, easements, and lot line adjustments. Project types include residential, commercial, and industrial. Reference: David Hammer, PE, Engineering Manager, City of Chino, 13220 Central Avenue, Chino, CA 91710, (909) 334-3423, dhammer@c ityofchino.org Dates of Service: 2017 - In Progress 2019 On -Call Surveying, Civil Design, Engineering, and Planning • • • • • • • Services, Rancho Palos Verdes CA Cannon is contracted with the City of Rancho Palos Verdes to provide services including, but not limited to, Public Works and Infrastructure Engineering — Street rehabilitation, street design, ADA ramp compliance, water network analysis, levee design, storm drain system design, open channel design, sewer trunk line design, pump stations, detention/retention basins, drainage, hydraulic modeling, water transmission main design, traffic signal design, plan checking, right-of-way engineering, highway/arterial road design, value engineering, parking studies and design, permitting, and staff augmentation. Reference: Natalie Chan, Senior Engineer, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, (310) 377-0360, nataliec@rpvca.gov Dates of Service: 2017 - In Progress 2019 Scope of Services yp m Relevant Projects C o ci iS m C 9 a a @ „ a� C g s o� Anaheim Modjeska Park Underground Storm Water Detention and Infiltration System, City ofAnahelm CA 0 0 Cannon provided civil engineering and surveying services for the installation of an underground, pre - manufactured infiltration/detention system, installation of a minimum of two (2) laterals to divert dry weather flow and storm water into and out of the Infiltration/detention system, removal and replacement of Modjeska Park's existing asphalt concrete (AC) parking lot pavement with pervious pavement, and installation of a stormwater diversion structure to divert flows from an existing 48-inch reinforced concrete storm drain pipe beneath Nutwood Street that drains the 224-acre contributing watershed. Currently, Cannon is providing construction support services. Reference: Khanh Chu, PE, Principal Civil Engineer, City of Anaheim, 200 South Anaheim Boulevard, #276, kchu@anaheim.net, (714) 765-5259, (714) 765-5225 Fax Dates of Service: January 2018 - March 2019 (design completed): Construction SUDDort Services in progress Design & Construction Management for 12th Street Green Street, Paso Robles, CA 0 Cannon provided Innovative engineering design services which reduced overall pavement width, replaced impervious areas with low -maintenance pervious areas where feasible, provided two travel lanes and sidewalks on both sides of the street, provided ADA-compliant ramps and crosswalks, determined stormwater flow solutions, reviewed traffic calming features, and determined the potential for additional street trees and for plantings within the right-of-way. Cannon prepared the final design Including plans, specifications, and construction estimates; assisted the City during the bidding, process; and. provided construction engineering and construction management. Reference: Ditas Esperanza, PE, Capital Projects Engineer, City of Paso Robles, 1000 Spring Street, Paso Robles, CA 9W6 / 805.237.3861 / DEsperanza@prcfty.com Dates of Service: 2015 - 2016 Construction Administration & Inspection Services for North Depot Street Improvement Project, Santa Maria, CA This project involved realigning the intersection of North Depot Street, West Fessler Street, and North Railroad Street to improve safety. Specific project tasks included new sidewalk, curb and gutter, curb ramps, bulbouts, and medians/pedestrian islands; HMA paving and slurry seal; road striping and signage; traffic control; three new field -fitted Dls; and provided field verification for ADA compliance Reference: Rodger Olds, PE, Senior Civil Engineer, City of Santa Maria / 110 South Pine Street, Suite 221, Santa Maria, CA 93458 / 805.925.09511 rolds@ci.santa-maria.ca.us Dates of Service: June 2017 - January 2018 Scope of Services 75 yn �Sg e N m � m 0. S Relevant Projects co g o` i IrCO) r'X U a a m 1.405 Design -Build Improvement Project, Orange County Transportation Authority OCTA) — Orange C unty, CA The project includes adding one regular lane In each direction from Euclid Street to 1-605, making improvements to freeway entrances, exits and bridges, and will also implement Express Lanes that expands the existing HOV lane from one lane to two lanes in each direction from SR-73 to 1-605. Iteris is responsible for the design of the Caltrans ITS field infrastructure, temporary ITS field Infrastructure supporting maintenance of traffic during construction, toll system infrastructure and coordination, street lighting, and signal design at 42 intersections for the various agencies throughout the corridor. Iteris is also responsible for supporting traffic maintenance during construction through the development and the Implementation of the Transportation Management Plan (TMP), which involves coordination with all affected corridor agencies to maintain mobility and safety of all travelers. The TMP includes detour routes and supporting traffic analysis for closures of 17 arterial overcrossings and over 35 freeway ramps with Iteris staff acting as the project Traffic Manager. Iteris has also provided installation, integration and maintenance of the technology infrastructure to support the temporary ITS systems including a corridor level temporary wireless network, CCTV cameras, and radar detection to manage traffic. Iteris is also providing the iPeMS® platform supporting the project its traffic management operations during construction. Reference: Scott Lucas, Senior Project Manager, HW Lochner, 1245 Brickyard Road, Suite 400, Salt Lake City, UT, 84106, (714) 415-5802, slucas@hwlochner.com Dates of Completion: 2017 - In Progress 2019 Caltrans D12 : Design of an ICM System for the Orange County Triangle — Orange County, CA Iteris was selected by Caltrans D12 to lead the planning and design of the innovative Orange County Triangle ICM project Involving 1-5, SR-91 and SR-57 freeways, known as the Platinum Triangle. This project is setup as a Task Order based project to provide for the systematic planning and development of the triangle ICM corridors in phases. The three freeways are heavily travelled with commuter traffic but also are located in an area with a high concentration of special events with multiple theme parks, baseball stadium, sports arena complex, convention center and other attractions including Disneyland. This project includes the design of upgraded ITS freeway elements such as HD video surveillance, upgraded CMS, upgraded communication infrastructure, the state of the art network control system for Caltrans Lighting Poles, deployment of performance measure systems and several roadway modernization and safety Improvement elements. This project will be upgrading all the ramp meter systems and traffic signal intersections at the ramp entry/exit points as well as developing the state of the art adaptive ramp metering algorithms. This project involves the project development process for Caltrans from PAED development, environmental documentation, PS&E packages and construction support services. Reference: Mohammad Iraki, Caltrans, 6681 Marine Way, Irvine, CA 92618, (949) 936-3486, miraki@dot.ca.gov Dates of Service: 2017 - 2018 Construction ongoing until 2023 DUE! 3 SCOPE OF SERVICES & SCHEDULE Cannon's Scope of Services has been addressed within the understanding of need on page 2 of this proposal. Upon receipt of notice from the City of a position title to be filled, Cannon will supply a resume for one or more qualified candidates within one to three weeks of receipt of notification. Upon receipt of notice from the City to interview the qualified candidate, Cannon will make the candidate available within one to two weeks of receipt of notification. APPENDIX .I. RESUMES' CERTIFICATIONS • Attachment 3-1 Non -Conclusion Affidavif • Attachment 3-2 Non-Lobbying'Certification- • . •Attachment 3-3 Non -Discrimination Certification Gary Solsona, PE, QS® Project Manager Education: M, Civil Engineering, California State Polytechnic University, Pomona, 2001 Licenses & Certifications: Professional Civil Engineer, CA No. 68420 Qualified SWPPP Developer / Practitioner No. 23466 Years of Experience: 17 Mr. Solsona has 17 years of civil engineering experience in public works design, consisting of award -winning roadway widening, street rehabilitation and Intersection improvements, sewer, storm drain, sound wall and retaining wall design, preparation of traffic control plans and project study reports, and is recognized in the industry as an ADA design specialist. His proactive approach is carried out seamlessly through project management, engineering design development, and construction support services to public agencies throughout Southern California and he has a proven track record In providing innovative, cost -saving, and sustainable solutions (such as alternative pavement rehabilitation methods, Including full depth reclamation and cold -in -place -recycling) on numerous street improvement projects for major arterials and residential streets, RELEVANT EXPERIENCE Gary served as Project Manager and/or Project Engineer for the following relevant projects: • City of Santa Ana On -Call Plan Check Services • Anaheim Modjeska Park Underground Storm Water Detention and Infiltration System, City of Anaheim • City of Chino Plan Check Services • City of El Monte'As Needed Plan Check Services, El Monte, CA • On -Call Surveying, Civil Design, Engineering, and Planning Services, Rancho Palos Verdes, CA • Jamboree / Main Intersection Improvement Project, 1405 NB On -Ramps to Kelvin, Irvine, CA • Farragut Avenue Improvements, Moreno Valley, CA • Cerritos Avenue Sidewalk Gap Closure, Anaheim, CA • Newport Beach Concrete Streets Reconstruction, Newport Beach, CA • Balcom Avenue Storm Drain Repairs at BNSF Railroad, Fullerton, CA • QC review of specifications for University Drive Widening Project, Irvine, CA* • Berkeley Avenue Street Reconstruction, Fullerton, CA • Nutwood Avenue & Chapman Avenue Street Rehabilitation, Fullerton, CA* • Brea Boulevard Slope Repairs, Fullerton, CA* • Sunset Strip Beautification, West Hollywood, CA* • Town Center Infrastructure Improvements, Phases 1 & 2, Yorba Linda, CA* • ADA Ramp Improvements, Phases 9 & 10, Lake Forest, CA* • 8th Street Improvements, Hermosa Beach, CA* • Bastanchury Road Rehabilitation, Yorba Linda, CA* *Work performed prior to Cannon Larry P. Kraemer, PE Principal -in -Charge / QA/QC Education: MS, Civil Engineering, Water Resources, California State University, Long Beach, CA BS, Agricultural Engineering, California Polytechnic State University, San Luis Obispo, CA Licenses & Certiflcations: Professional Civil Engineer, CA, No, 44813 Certified Master Modeler in Haestad Methods, W aterCad, StormCad, Pondpack software HEC-HMS CEU from American Society of Civil Engineers Years of Experience: 33 As Principal-irrCharge Mr. Kraemer makes decisions and recommendations recognized as authoritative that have a far-reaching Impact on Cannon's engineering design, construction, administrative, and related activities. He negotiates critical and controversial issues along with other Senior Principal engineers and officers of other companies or organizations. In addition, Mr. Kraemer exhibits a superior level of creativity, foresight, and judgment in planning, organizing, and guiding project teams and *en ineerin 9 9 p 1 *engineering programs. Recognized as an expert in one or more specialties, he applies his extensive knowledge to complex projects and assumes responsibility for the department of public Infrastructure at Cannon. Jay Kanani, PE Senior Plan Check Engineer / Senior Civil Engineer / Storm Water Coordinator Education BS, Civil Engineering, University of Oklahomo, OK Advanced Concrete Design / Advanced Hydrology Licenses & Certifications: Professional Civil Engineer, CA No. 48353 Years of Experience: 25 Mr. Kanani has more than 25 years of experience as a Senior Civil Engineer providing general plan check services, design and QA/QC for capital improvement and various residential and commercial land development projects to ensure adherence to the Department of Public Works/Engineering standards and design policies, and conditions of approval for all development projects. Jay has 4 years of experience working in the public sector, specifically for the City of Corona, and has performed plan check services of Grading Plans and Water Quality Management Plan (WQMPs) for the City of Newport Beach. Project experience includes storm drain, sanitary sewer, water system, open channel, detention basin and flood study for FEMA, and grading. Jay has a strong background in hydrology and hydraulic analysis of drainage projects and is very familiar with the software programs used for preparing hydrology and hydraulic reports. Jay is also familiar with the standards set forth in the Orange County (OC) Hydrology Manual, OC Flood Control Design Manual and Policy Memos, and OC Local Drainage Manual. RELEVANT EXPERIENCE • City of Santa Ana Development Plan Check Services • City of Chino Development Plan Check and Map Check Services • City of Diamond Bar Plan Check, Map Check and Inspection Services • City of Corona, Plan Checking Services (Work performed prior to Cannor • City of Newport Beach, Plan Checking Services (Work performed prior to Bijan Yazdani, PE Senior Plan Check Engineer Education BS, Civil Engineering, West Virginia University, WV Licenses & Certifications: Professional Civil Engineer, CA No. 68211 U.S. Army Corp of Engineers Contractor Health and Safely -Construction Safety Hazard Awareness EM 3851-1 and OSHA 30 Hours Certificate of Completion - June 2013 Years of Experience: 35 Mr. Yazdanl has over 30 years of experience as a Senior Civil Engineer providing QA/QC and general plan check services for capital improvement projects and land development to ensure adherence to the Departments of Public Works/Engineering standards and design policies, conditions of approval for all development projects. Bijan's project experience includes roadway design, drainage design, right-of-way, grading plans, storm drain plans, street improvement plans, signing and striping plans, and water and sewer plans as well as checking of tract and parcel maps, lot line adjustments and easement documents. RELEVANT EXPERIENCE • City of Santa Ana Development Plan Check Services • City of Chino Development Plan Check and Map Services • City of El Monte Civil Plan Check and Map Check Services • City of Menifee, On Call Plan Checking • City of Diamond Bar Plan Check, Map Check and Inspection Services • City of Huntington Beach Development Plan Check and Map Check Services • City of Corona, Plan Checking Services (Work performed prior to Cannon) Sterling Mosley, EIT Project Engineer Education: BS, Civil Engineering, California State Polytechnic University, Pomona, CA Licenses & Certifications: ER Certification CA No. 145412 Years of Experience: 7 Mr. Mosley has more than 7 years of experience in plan checking, utility design and coordination, grading, drainage, LID BMP selection and implementation for land development and Capital Improvement projects. He has extensive experience working on public agency projects throughout Southern California and has processed plans through various agencies including County, City Fire Department, State Architect, Water, Flood Control and Sewer Districts, and Storm Water Regional Boards RELEVANT EXPERIENCE • City of Santa Ana On -Call Plan Check Services • City of Chino Plan Check Services • City of Diamond Bar Plan Check Services • Jamboree / Main Intersection Improvement Project, 1-405 NB On -Ramps to Kelvin, Irvine, CA • City of Garden Grove Stormwater Pollution Prevention Plan (SWPPP) • Cerritos Avenue Sidewalk Gap Closure, Anaheim, CA • 2013 — 2016 Public Works/Engineering Department Assistant Engineer, City of Diamond Bar, CA (Work performed prior to Cannon) Jordyn Doyle, EIY Assistant Civil Engineer II & Plan Check Engineer Education: BS and MS, Civil Engineering, University of the Pacific, Stockton, CA, 2017 Licenses & Certifications: Engineer in Training, CA Yeas of Experience.: 2 Ms. Doyle has over two years of professional engineering experience, which Includes one year of Internship with the City of Modesto, Public Works Department, in civil engineering design of public works and private development improvement projects. She has successfully completed various projects including street improvements, traffic signing and striping plans, and plan check reviews for public and private development improvements. Jordyn is proficient In AutoCAD and Civil 3D software GIS ArcMap and has extensive experience with Microsoft Office applications, specifically Excel (for cost estimates and utility coordination), and Word (for data entry and report preparation). RELEVANT EXPERIENCE • City of Santa Ana On -Call Plan Check Services • City of Chino Plan Check Services • City of El Monte As -Needed Plan Check Services, El Monte, CA • City of Diamond Bar Plan Check Services Nhut Pham, EIT Assistant Civil Engineer II & Plan Check Engineer Education BS, Civil Engineering, Carifomia State University, Long Beach, 2018 Licenses & Certifications: Engineer in Training, CA Years of Experience: 2 Mr. Pham supports Public Works projects which Include roadway and storm water improvements. Nhut prepares and revises engineering plans (in AutoCAD Civil 3D), prepares cost estimates, prepares reports, and prepares construction and engineering calculations for site developments. He also reviews and revises construction as -built plans for roadway development projects and also provides construction support by answering Request for Clarifications from contractors. RELEVANT EXPERIENCE • Civil Engineering Intern, Public Works Engineering Department, City of Anaheim (Work performed prior to Cannon) • Anaheim Modjeska Park Underground Storm Water Detention and Infiltration System, City of Anaheim • Trail Improvements for the Palos Verdes Drive West Median Beautification Project, Rancho Palos Verdes, CA • Jamboree / Main Intersection Improvement Project, 1405 NB On -Ramps to Kelvin, Irvine, CA 25F- Alex Maestre, EIT Assistant Electrical Engineer I Education Electrical Engineering, Califomia State Polytechnic University, Los Angeles, CA Licenses & Certifications: Engineer in Training, CA No. 165329 Years of Experience: 2 Mr. Maestre has worked on various electrical design projects ranging from large industrial test facilities to small photovoltaic systems. As an Electrical Design Engineer, he specializes in tasks such as electrical load calculations, electrical distribution equipment sizing, electrical system design, AutoCAD drafting, SKM PowerTools analyses, and photovoltaic system design. RELEVANT EXPERIENCE • SLO Water Resources Recovery Facility (WRRF), San Luis Obispo, CA • Anaheim —Arch Flash Hazard Analysis — City HalVPD, Anaheim, CA • GSWC — Orange County Design -Build SCADA Upgrade David iVoellsch, EIT Assistant Electrical Engineer I Education Bachelor of Science, Mechanical Engineering, University of Missouri -Columbia, Columbia, Missouri Licenses & Certifications: ER, California, No. 153790 EIT, Missouri, No. EI-2014031097 Control Systems Professional Engineer CS 7576 Yeors of Experience: 5 Mr. Noellsch has previous experience as a lead engineer of an automated manufacturing line where optimizing quality, efficiency, safety, and ergonomics were his main priority. He believes that an elegant design solution requires real understanding of the process as well as the effects a control system would have on the system. His experience in both manufacturing and energy has given him a range of integrated control systems experience. RELEVANT EXPERIENCE • SCADA System Master Plan, Golden State Water Company, Los Angeles, CA • Assessment of SCADA Systems, Golden State Water Company, Los Angeles, CA • Preliminary Design for SCADA System, Norwalk, California Dinesh Babu Peeramsetty, PE Assistant Electrical Engineer II Education MS, Electrical Engineering, Power Systems, Systems Engineering, California State University, Los Angeles, CA BS, Electrical and Electronics Engineering, LRAM, Guntur, A.P., India Licenses & Certifications: Petroleum Engineer, CA No. E21736 Years of Experience; 6 Mr. Peeramsetty brings 6 years of experience in electrical and power engineering, including renewable energy services for projects such as Guinea-Bissau Power System Study. Specializing in electrical engineering, supervising, analysis, and project coordination, he is proficient with Load Flow Analysts, Short Circuit Analysis, and Coordination Studies, including Arc Flash Analysis, Under Ground Conductor Ampacity Derating Studies, Harmonic Analysis, Relay Settings, and Motor Starting Analysis. Mr. Peeramsetty is responsible for tasks Including Project Management, Schedules; Budget Tracking, Scope of Work Development, Creating. -Proposal and Estimates, and Resource Allocation and Management. He has worked with numerous agencies and municipalities throughout Southern California, such as Hyperloop Technologies Inc. and IES Engineering. Mr. Peeramsetty's main objective is to provide a safe work environment without sacrificing quality or accuracy. RELEVANT EXPERIENCE • Beverly Hills Pump Station 8-122-17, Beverly Hills, CA • Fire Camp 14 Water System Upgrade, County of Los Angeles, CA • Construction Management for Rehabilitation of Pismo Pier, Pismo Beach, CA Derek Thoele, PE Assistant Mechanical Engineer II Education BS, Mechanical Engineering, California Polytechnic State University San Luis Obispo Licenses & Certifications: Professional Mechanical Engineer, CA, No: M 38272 Years of Experience: 6 Mr. Thoele brings over six years of mechanical engineering experience in the oil, gas, and petrochemical processing industries. His experience includes incorporating mechanical equipment Into large scale domestic and international gas processing facilities and serving in a role as a systems mechanical engineer for design and manufacturing of turbomachinery support systems. These systems include lubricating oil and buffer gas, while incorporating plant Instrumentation, controls, and monitoring. He is proficient with generating P&IDs, piping specifications, and the selection of control valves, RELEVANT EXPERIENCE • Hengll Petrochemical Complex, Dalian, China (Work performed prior to Cannon) • LyondellBasell Petrochemical Plant, Corpus Christi, Texas (Work performed prior to Cannon) Cameron A. Vermeulen, PE Assistant Mechanical Engineer II Education BS, Mechanical Engineering, University of British Columbia, Vancouver, British Columbia, Canada Licenses & Certifications: Professional Mechanical Engineer, British Columbia, Canada No. #34867 Years of Experience: 10 Mr. Vermeulen has over 10 years of combined engineering experience in manufacturing and oilfield (upstream, midstream, and transmission) projects. He is knowledgeable of modern maintenance systems and philosophies, PSM, and industrial risk management/mitigation. RELEVANT EXPERIENCE • SoCal Gas Company Facility Expansion, Goleta, CA • SoCal Gas Goleta Gas Production and Storage Facility Upgrade, Goleta CA • Lopez Turnouts SCADA System Project —Arroyo Grande, CA Rafael Gutierrez Engineering Aide / CADD - Designer Education: Associates Degree, Computer Drafting and Design 11TTechnical Institute, Anaheim, CA, 2005 Coursework, Computer Engineering University, of California Irvine, CA Software: Civil 31) MicroStatlon MicroSoft Office Suite Years of Experience: 15 Rafael has extensive CAD experience that he has utilized for infrastructure projects for both public and private clients for over ten years. He has used his experience at Cannon to provide CAD management, IT support and design. His project experience includes public works, residential, commercial, and institutional. RELEVANT EXPERIENCE r • Anaheim Modjeska Park Underground -Storm Water Detention and �� Infiltration System, Anaheim, CA • Sand Canyon Avenue Widening, Irvine Community Development Company, Irvine, CA % • Jamboree / Main Intersection Improvement Project, 1-405 NB On -Ramps j y to Kelvin, Irvine, CA • Engineering Design Services for Pavement Rehabilitation Projects, San i : s Juan Capistrano, CA t � • Street Improvement Plans for Mill Creek Development, ; a' City of Chino, CA • Citywide Storm Drain Improvements; Stanton, CA • Various - Survey Staking Projects; CA Jared Desbrow Landscape & Irrigation System Design Education Bachelor in Landscape Architecture, Cal Poly, San Luis Obispo, CA Professional Registration Certified Arborlst Years of Experience: 4 As a Landscape Designer, Mr. Desbrow aids in drafting planting and irrigation plans, plant selection, developing site models for graphics, and design exploration. He works closely with the Senior Landscape Architect as well as civil engineers to bridge project efforts and seamlessly integrate design work. His areas of expertise Include plants, arboriculture, btoretention planting design and graphics. As a certified arborist, he creates tree inventories to establish tree protection parameters and inform the design of projects to accommodate trees of high value. RELEVANT EXPERIENCE • Design for Airport Avenue Improvements, Santa Monica, California • Design for Sherwood Road Maintenance, Paso Robles, California • Design for Front Street Revitalization Project, Oceano, California Design for San Luis Ranch Development, San Luis Obispo, California J Braley, PLS GIS Analyst/Land Surveyor ), Education: All courses Land Survey related Land Surveying Fundamentals Global Positioning Survey Class Licenses & Certifications: Professional Land Surveyor, CA No. 8446 Years of Experience:42 Mr. Braley has over 42 years of experience as a Land Surveyor in Southern and Northern Califomia, Oregon, Washington, Nevada, and Virginia. J has provided survey services to public works agencies, Institutional agencies, and private land developers. He has a strong background in right of way mapping, boundary and title related issues as well as topographic surveys, horizontal and vertical control, and monument staking and construction staking. In this regard, he was the lead surveyor on several large projects In the Mojave Desert and In Southern and Northern California. These projects included mapping for over 100 sections and resolving the boundaries on over 1800 parcels within those sections. He also mapped and resolved boundaries for 30 miles of the Los Angeles Aqueduct, which had not been mapped since construction in the 1920's. RELEVANT EXPERIENCE • City of Chino Development Plan Check and Map Check Services • City of Diamond Bar Plan Check, Map Check and Inspection Services • City of El Monte Civil Plan Check and Map Check Services • City of Huntington Beach Development Plan Check and Map Check Services John Koepke, PLS, CFEDS Surveyor and Map Checker Education JD Law, Thomas Jefferson School of Law, San Diego, CA Registrations Professional Land Surveyor, CA No. 7841 CFedS CA No. 1104 Years of Experience:35 John has 35 years extensive field and office experience in cadastral, boundary, right-of-way, control, topographic, and design surveys for subdivision, commercial, and heavy construction projects. He is responsible for directing office preparation of maps and exhibits of record, records of survey, parcel maps, final maps, lot line adjustments, easement plats, legal descriptions, and map check services. RELEVANT EXPERIENCE • City of Chino Development Plan Check and Map Check Services • City of Diamond Bar Plan Check, Map Check and Inspection Services • City of El Monte Civil Plan Check and Map Check Services 5F-145 Todd A. Bartolome, PE, QSD Construction Manager Education BS, Construction Engineering, University of Nebraska, Lincoln, Nebraska Traffic Control Supervisor -American Traffic Safety Services Association Caltrans Resident Engineer Training Licenses & Certifications: Professional Civil Engineer, Corifomia, No. 86198 Professional Civil Engineer, Idaho, No. P-8015 California QSP/D Certification -86198 EPA - NPDES Certification Years of Experience: 35 Mr. Bartolome has over 35 years of experience as an Engineering Manager, Resident and Regional Engineer with large wastewater, bridge, and roadway. Specific project experience includes management of roadway projects for design, construction and maintenance, major bridge and wastewater projects. Mr. Bartolome has also managed the design and development of project controls systems using various microcomputer systems, cost control systems, scheduling, estimating, inspection, materials testing, and field office engineering. His major project experience Includes highways, bridges, floodways, airports, wastewater, and hydroelectric dams. RELEVANT EXPERIENCE • On Call CM Services - City of Paso Robles, CA • San Luis Street and Avila Beach Drive Sewer Replacement, Avila Beach, CA • Sanborn Road/Eivee Drive/Route 101 Improvements, Salinas, California • North Oak Park Boulevard Rehabilitation Design Project, Grover Beach, CA Jameson D. Farr Field Inspector (Construction & Buildings) Education Palomar College, Psychology Major Bakersfield College, Psychology Major Licenses 8, Certiflcafions: ACI, American Concrete Institute-Cert ID-01383421 Nuclear Gauge Operator, Cert ID-17943 CTM (Calif Test Methods), 105, 106, 125, 201, 202, 206, 207, 216, 217, 226, 227 540, 556, 557 Years of Experience: 5 231, 234, 301, 370, 375, 382, 504, 518, 533, 539, Mr. Farr brings over five years of experience in materials testing and construction inspection. His experience Includes testing and construction inspection for FEMA flood repair, roadway and shoulder improvements, guardrail installation and pedestrian paths. He has worked extensively for the County of Kern and is well -versed in the Caltrans and Green Book for Public Works specifications. Mr. Farr's materials lab experience includes collecting and testing various forms of aggregate including but limited to asphalt, Class II aggregate, soil for compaction tests, and concrete. Mr. Farr has a proven track record of providing project oversight that employs safety, accuracy, and project success. RELEVANT EXPERIENCE • Mojave Pedestrian Path Improvements, Bakersfield, CA • Lamont Pedestrian Path Improvements, Bakersfield, CA • Round Mountain Shoulder Improvements, Kern County, CA Eva Lagunas Senior Accountant Education: BS, Accounting Years of Experience: 21 Ms. Lagunas has 21 of accounting background for architecture and engineering fines, providing the principals with ongoing and cognizant business operations and Informative financial analysis on a per project basis. Eva compiles and prepares data for budgets, including history and potential long range commitment to ensure a profitable outcome. She provides technical and administrative services regarding contracts, proposals, work orders for clients and consultants. Veronica Torres Administrative Assistant / Permit Parking Assistant Education: AA, Argosy University, Santa Ana, CA Years of Experience: 18 Ms. Torres has over 18 years of experience working as an Administrative Assistant for corporations. She is very talented running the front desk and has proven skills for organization. She is able to multi -task a heavy load of assignments and completes each task efficiently. RELEVANT EXPERIENCE • Telephone/voice mail systems • Calendar entries • Project logs • Database management • Microsoft Office • Front office management • Schedule meetings Marcia Bohac Contract Administrator Education: BS, Human Factors Engineering, Tufts University, Medford, Massachusetts Years of Experience: 20 Ms. Bohac brings 20 years of experience in administrative positions for various industries, such as aerospace, healthcare, mortgage and land development. Most recently she provided contract administrative services for a prlvate land development firm in Southern California. Her specialty is streamlining processes and procedures to bring more efficiency to the work. Currently, Ms. Bohac is responsible for all business services support, including contracts for both public and private entities and agencies. Evan Shipley • Assistant Traffic Engineer I �i.eris Education BS, Civil Engineering, University of California, Irvine Years of Experience: 2 Mr. Shipley serves as an Assistant Engineer for Iteris' Transportation Systems division and has been with the firm since April 2017. His experience Includes working in the fields of Traffic Engineering and Operations and ITS Systems Engineering, Mr. Shipley has also been involved in a yearlong research project with Dr. Wilfred Recker, a Professor of Transportation Engineering at University of California, Irvine. Mr. Shipley's software knowledge includes AutoCAD, MicroStation, Synchro, Microsoft Excel, Tru-Traffic, TransModeler, HCS 2010 and TransCAD. RELEVANT EXPERIENCE • 1-405 Design -Build Improvement Project, Orange County Transportation Authority (OCTA), Orange County, CA • Design of an Integrated Corridor Management (ICM) System for the Orange County Triangle, Caltrans District 12 — Orange County, CA • Automated Traffic Management System — University of California, Irvine, CA • Tweedy Blvd Signal Synchronization Project, LAMTA ID F7309, City Project 514-TRF — City of South Gate, CA • Gateway Cities Fiber Optic and CCTV Design TM Project— Los Angeles County, CA Sawanpreet Sinhg Dhaliwal Assistant Traffic Engineer I iteris° Education MS, Civil Engineering, California State Polytechnic University, Pomona, 2017 Bachelor of Technology, Civil Engineering, Guru Nanak Dev Engineering College (GNDEC), Punjab, India, 2015 Years of Experience: 2 Mr. Dhaliwal serves as an Assistant Engineer for Iteris' Transportation Systems division and has been with the firm since October 201 B. He has over 2 years of experience working in the fields of Transportation Engineering and research. His main experience is in traffic analysis, simulation and ITS. He is supporting in various Intelligent Transportation Systems (ITS) projects such as Anaheim Triangle Intelligent Transportation System (ITS) Project, 1-210 Connected Corridor Pilot Project and Irvine Signal Synchronization Master Plan. Mr. Dhaliwal's software knowledge includes AutoCAD, MicroStation, InRoads, Vissim, Synchro, TransCAD, ArcGIS, R, HCS and Python. His passion is to work in transportation and computer science industry to bridge the gap between current situations and the future (fully autonomous vehicles). RELEVANT EXPERIENCE • Design of an Integrated Corridor Management (ICM) System for the Orange County Triangle, Caltrans District 12 — Orange County, CA • 1-210 Connected Corridor Pilot Project PATH Support —Los Angeles, CA • Irvine Signal Synchronization Master Plan — City of Irvine, CA CERTIFICATIONS • Attachment 3-1 Non -Conclusion Affidavit • Attachment 3-2 Non -Lobbying Certification • Attachment 3-3 Non -Discrimination Certification Cannon Reliable Responsive Solutions 25F-149 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Jo6h M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT h(l", - J - PIV i4—am—e--'1JGAckzcd0, KkA n Title: � V e is ke 25F-150 E,X,�!tBITA ;E pee,`rg, a nae91, an d Aid, �' i nstrat e e, 3333 Brea Canyon Read, 120 Diamond Bar, CA 91765 www.Eknndamadntn.com June 13, 2019 City of Santa Ana ATTN: Taig Higgins, PE Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Subject: Request for Qualifications for Engineering, Technical and Administrative Support Services, PRF No. 19-045 Dear Mr. Higgins, GK & Associates is pleased to submit our qualifications to provide Engineering, Technical and Administrative Support Services, specifically geared towards Construction Management, Project Management, and Inspection Services. GK & Associates is uniquely qualified to assist the City with these services for public works project as we have previously provided multiple municipalities with similar capacities. Our Engineering, Technical and Administrative Support staff brings tremendous depth of knowledge, experience' and understanding of Public Works construction projects. They are well aware of the challenges and are prepared to take them on and deliver the project on time, within budget and keeping all stakeholders informed, while working collaboratively as a -team ensuring that any challenges and complexities are managed ahead of time and in a manner that will keep public safety and the City's interest foremost in mind. We would like to emphasize that based on our track record of managing a variety of projects for several public agencies that are of similar size and nature, Cities and Agencies have saved substantial budgets, keeping effective management of time, budget and schedules. We assure you that we will perform the services in a professional manner, delivering quality projects. GK & Associates is committed to completing your projects within schedule and within budget. GK & Associates accepts all the terms and conditions outlined in the City's standard consultant services agreement, and can meet all insurance requirements made part of the agreement. We look forward to the opportunity to meet in person and further explain our approach and qualifications for this contract. If you have any questions, please contact me directly at 909-595- 1940 (office) or 909-964-9932 (cell). Thank you for the opportunity to serve you. Sincerely, GK & Associates DBA EC&AM Associates, Inc. 41VWX "a 4' Ghazala Khan President Tel:909-595-1940 Fax:909-595-1314 Email:GKhan@GKandassociates.com 25F-152 Table of Contents Firm and Team Experience............................................................1 Understandingof Need.................................................................30 Experience &References............................................................... 34 Certifications................................................................................. 39 FeeSchedule.............................................................Enclosed Envelope 25F-153 Firm's Experience GK & Associates is a civil engineering, construction management and asset management firm focused on providing services exclusively to cities and agencies based in Southern California. Since Inception the firm has primarily and exclusively focused on providing public works construction management support services, engineering staff augmentation and asset management services. This focus has allowed us to nurture a group of highly qualified construction managers and inspectors, particularly adept at managing civil works construction, including street rehabilitation projects, highway projects, paving, storm, curb and gutter, parking, and sewer and drainage facilities. Our growing list of clients, many of them repeat, Is a testimonial to our qualifications and responsiveness. We have provided municipal engineering services including CIP management, civil engineering, design, construction management, pavement management, inspection, engineering plan checking services, to almost every public Agency in Southern California. GK & Associates prides itself on building a culture of responsiveness and representing clients' best interests. We take pride in representing our respective clients' goals and needs. It is for that reason that we have been able to build a very prestigious client list as shown on below. Assoo tes Quallficatio s Construction Management Construction Inspection Staff Augmentation Asset Management IEtJA Caltrans Disvia 8 Oalaans Distne! 8 Cily of I.as Angc!es Lf+Dvr-, Dti ,f 1.1oe, LADVVP Cit, al Sal• n'D_--. City of Souirl r'2,•tldC1 n,: U ty of b =d i:a f at South Pasadena bly of San D6y135 Ciry rf Doern=v C. Vi CI Nlx va!k Cdy nt Dmml V Cdy of l.a I laom UI7 N Campton Orly o! Ccnipic" Cat a' Compton Uly-M rfenrnnq City of Darmey City of f4w i2,,;n ,< i.ay of i1-0tw City of Ci:i�den qr;.� City of Nanv3lk C.!ly of Soati, P;Seoana GIy of Nomad Ci7y it I. rs Aglj o5 Oily al Baldmm Part: C:1y of Downey IEUA City of """tor"Ale City of Whither City W Ssnta t.Innl a Oily of 1,V:ne Ci(r of remac+Jo !];lv of Son Bcmardmc Oil? of La GzTt,pCL F4aU.dge LABOE Oily of City of Meet CiatirM Cily a14'test r.00na R,104D Cnt of Anvh-1,q Clly of S EI'Tonle City of f 4! .Jata City of Anaheim Citr of S El [41 [ :e iltrage 25F-154 Organization Chart GK & Associates is pleased to provide an outstanding team to help and represent the City of Santa Ana's best interests by providing public works Construction Management, Project Management, and Inspection services to assist in the City's Public Works Services. GK & Associates' portfolio of key Construction Management, Project Management, and Inspection related services includes, but is not limited to: Construction Management • Project Management • Construction Cost Estimating • Constructability Reviews • Inspection Services • Scheduling, with knowledge of Primavera & Capital Improvement Program Office • Change Order & Claims Management • Value Engineering • Caltrans and Means Guide Rate Knowledge • Experienced and very familiar with regulatory constraints that govern projects funded by federal, state and local grants; Davis Bacon and Prevailing wages • Experienced and Knowledgeable on CEQA, DHS, DFW, LAPM and NEPA Compliance Processes Q Alex Nunez K7 Enrique Jimenez, R ,:Ryan Walker,P.E Brian French;zc Daryl Lopez Craig jents Park 31Page 25F-155 GHAZALA KHAN, MSC, MBA Project Principal Summary of Experience Ms. Khan has been directly involved in providing Program Management and Construction Management Support Services to municipal clients for over 29 years. These services have typically covered all aspects of construction contract administration for timely and successful project delivery. As such her experience includes: quality control inspection, cost and schedule control, document management, change order estimates and negotiations, claim resolutions, partnering/teambuilding workshops, interagency coordination liaison, community outreach, and dispute resolution. Ms. Khan is currently working as principal -in -charge for Construction Management and Inspection services to the Inland Empire Utilities Agency which includes providing in providing Construction Managers, Inspectors and Engineers for managing construction of CIP projects at RP4 and RP1. She is also providing asset planning and management, asset valuations, Infrastructure condition assessments, and business process improvements for Los Angeles Department of Water and Power. Ms. Khan was also the project manager for City of San Diego, Water Department that includes developing asset hierarchies, updating asset inventories, creating comprehensive asset registers, determining asset criticality and establishing asset replacement values. Relevant Project Experience: • Inland Empire Utilities Agency: Construction Management Services which includes their RP-4, RP- 1 facilities including pump stations, reservoirs, and several pipelines located in the agency's jurisdiction. ■ Eastern Municipal Water District: Project Management and support services for the Engineering Department. • City of Brea: Construction Management and Inspection Services for Reservoir, Pump Station, street rehabilitation and development work. • City of Downey: Construction Management and Inspection services for street rehabilitation, Traffic Signal update, water system improvements and new construction. • La Canada Flintridge: Inspection services for street and utility improvements throughout the City. • City of Glendale: Construction Management and Inspection services for street rehabilitation and traffic signal updates including installation of fiber optic cameras throughout the City. ■ City of South Pasadena: Construction Management and Inspection services for Water, Sewer, street including Curb/Gutter and Sidewalk projects. ■ City of Bradbury: Asset inventory, condition assessment, asset valuations and replacement planning, and interdepartmental coordination related to GASB 34 compliance work. ■ City of Pico Rivera: Principal -in -Charge for several Construction and Inspection services for Infrastructure projects. In addition provided engineering staff augmentation for Water Department, Engineering Department and Maintenance Department. ■ City of Lancaster: Project Management and Inspection services for City wide Projects including Street Rehabilitation, Development projects and Traffic Signal updates. ■ City of Whittier: Construction Management Services for several water and sewer pipeline projects, Construction Management Services for replacement of water pipeline projects. 4 1 P a g e 25F-156 ■ City of Baldwin Park: Construction Management services for street rehabilitation and construction of Teen Center. ■ City of Diamond Bar: Construction Management for the construction of Community Center. • City of Las Vegas: Construction Management Services for Las Vegas Convention Center. ■ City of Temecula: Program/Construction Management for Temecula Medical Building, ■ City of Compton: Construction Management Services for Street Rehabilitation and traffic signal upgrades. • City of Norwalk: Construction Management Services for street rehabilitation and pump station ■ City of Colton: City Museum Constructablilty Review and Contract Claim Review and Resolution Services, Right -of -Way negotiation services and field Investigation for the widening of Fairway Avenue. In addition she has managed Construction Management and Inspection Services for Missing Link Project, on several streets involving project design with sidewalk, curb and gutter. ■ City of La Habra: Water and Wastewater System Inventory and detailed Condition Assessment ■ City of Whittier. Construction Management Services, including Contractor Claim review. ■ City of Cerritos: Inspection services for Citywide street repair and rehabilitation. 51Page 25F-157 ALEJANDRO NUNEZ, P.E. Construction Manager! Project Manager Summary of Experience Mr. Nunez brings over 25 years of experience in city public works department infrastructure improvement and maintenance programs, with an emphasis In public agency budgeting, project implementation, project design, specification development, contract bidding and award administration, construction support, construction management, project closure reporting and employee development. He has performed plan checks and inspections of work for compliance to specification in support of overall QA/QC program. He has managed and administered consultant contracts for design, construction inspection, materials testing, right-of-way acquisition and relocation assistance. He has managed and directed junior engineering staff on several design and construction projects. He has worked on a number of street designs for repair and rehabilitation projects as well. Relevant Project Experience Agency: City of Anaheim Title: Project Engineer Assistant Scope of Services: Mr. Nunez assisted in the implementation of the Master Sanitary Sewer Plans for the Central and West regions in the City of Anaheim. He also contributed greatly in solving two design errors, in two different projects that were avoided because they were caught before construction began and saved the City significant amounts of money. Agency: US Army, Reserves Title: Sanitary Engineer Scope of Services: While deployed to Kosovo, Mr. Nunez was in charge of the inspection of Camp Bondsteel's potable water treatment plant and was also responsible for the following areas at Camp Bondsteel (-300 soldiers): Quality Control of potable water, supervision of pest control and the food safety program, conducted industrial health surveys and/or inspections, performed epidemiological analyses. Agency: Los Angeles County Department of Public Works Title: Civil Engineer Scope of Services: Mr. Nunez prepared Supervisors' Budget ($40 million), approved encumbrances for awarded projects, and supervised 2 engineers and one technician. Agency: Los Angeles County Department of Public Works -Programs Development Division Title: Sanitary Engineer Scope of Services: Mr. Nunez was the project manager who coordinated the completion of road improvement projects, assisted in the preparation of the Road Program Budgeting process, and coordinated the acquisition of Federal funds for Road Improvement Projects. Agency: Los Angeles County Department of Public Works- Material Engineering Division Title: Associate Civil Engineer Scope of Services: Mr. Nunez successfully supervised and trained Civil Engineering Assistants and reviewed Geotechnical Reports for County Projects. 6 1 P a g e 25F-158 Agency: Los Angeles County Department of Public Works- Material Engineering Division Title: Sr. Civil Engineer Assistant Scope of Services: Mr. Nunez performed geotechnlcal engineering and environmental investigations for public works Improvements, evaluated field exploration and laboratory test data to determine geotechnlcal properties of soils and contamination potential, provided design criteria Including foundation design, slope stability, grading layout, and shoring parameters, and prepared geotechnlcal reports and environmental assessments. Also, as a geotechnical engineer, it was Imperative for Mr. Nunez to conduct the geotech Investigations with utmost care In the avoidance of utilities. Agency: Los Angeles County Department of Public Works- Design Division Drainage Section Title: Civil Engineer Assistant Scope of Services: Mr. Nunez performed calculations for street capacities, catch basin sizing and water surface evaluations. He also prepared detailed preliminary and final construction drawings for flood control projects. Mr. Nunez was also responsible for work with the utility companies so as to avoid any possible conflict(s) during construction while designing Storm Drains. 71Page 25F-159 ENRIQUE JIMENEZ, P.E. Construction Manager Summary of Experience Mr. Jimenez is professional engineer with extensive experience with over 20 years of experience in CIP project management, construction management, and civil engineering including buildings, street, roadway rehabilitation, water, wastewater, storm drains, roadways, utilities and other public works projects. His responsibilities Included managing in-house engineering staff, consultants, contractors and public outreach. He has prepared and administered the design, engineering cost estimates, drawings, bids, specifications, and staff reports and made recommendations to Public Works Director and City Council. He has been fully involved with planning, budgeting, and selection of qualified consultants. He also has prepared environmental documents in compliance with state laws and ordnances and implemented required mitigation measures. Summary of Experience Agency: City of Temecula Contract.Title: Medical Building Construction Scope of Service: Mr. Jimenez oversaw the construction development and conducted inspection on a two-story medical building to comply with building standards. Agency: City of Chino Hills, CA Contract Title: Various CIP Projects Scope of Services: Mr. Jimenez was responsible for the inspection of commercial projects involving grading, street construction and utility Installation. He reviewed, analyzed, checked, and approved plans, reports, and applications for public works and capital improvement projects (CIP). Mr. Jimenez also designed and prepared plans and specifications for residential and commercial construction/development, including site grading, street and water/sewer pipelines, He also reviewed, presented, and interpreted EIR reports to general public during public meetings. Agency: City of Pico Rivera, CA Contract Title: Various CIP Projects Scope of Services: As the Construction Manager, Mr. Jimenez managed all aspects of Capital Improvement Projects for the City. His responsibilities include planning, coordination, management and supervision in all phases of multiple CIPs. He also prepared and administered the design, engineering cost estimates, drawings, bids, specifications, and staff reports and made recommendations to Public Works Director and City Council on CIP projects. Agency: City of South Pasadena Contract Title: CIP /Pedestrian and Bike Trail Project Scope of Services: Mr. Jimenez provided project management (PM) and construction management (CM) in Capital Improvement Projects (CIPs) including the Arroyo Seco Pedestrian and Bike Trail. While assisting the City, Mr. Jimenez performed all responsibilities as CM including development and supervision of project schedule, field inspection, reviewed design in progress to assure constructability; managed project communication between design engineer, contractor and owner Including: progress meetings, shop drawing submittal process, change order process, and QA/QC program. He also verified compliance from contractors, subcontractors and other participants of project's design and requirements at every stage. Ensured construction work conformance with design documents; administered progress payments to assure compliance with work milestones. He 8 1 P a g e 25F-160 assisted with cost and scheduling personnel to provide timely support to the Contractor, and processed progress payments, RFI's, Change Orders, payment reconciliations, and other construction management duties. Agency: State of California — Air Resources Board Contract Title: Capital Improvement Projects Scope of services: Mr. Jimenez managed Capital Improvement Projects (CIP) in Laboratory Facilities to support laboratory testing, testing cells and building facilities. He managed all aspects of project cycle from planning to closure; developed project management plans, and Implement all project phases Including objectives, scheduling, cost analysis, team building, communications, execution (construction management), and closure. He developed, coordinated and monitored the construction of state buildings, tenant improvements, and other construction projects associated with the improvement of testing facilities. Mr. Jimenez performed construction management duties including contract compliance from contractors, ensure construction work conformance with design documents, administer progress payments, process payments, cost estimating and justification, as well as processed RFI's, Change Orders, payment reconciliations, and other construction management duties. Agency: City of South Pasadena Contract Title: Multiple Scope of services: Mr. Jimenez performed all responsibilities as CM including development and supervision of project schedule, field Inspection of underground utilities (e.g. pressurized pipelines, underground structures, etc.), reviewed design In progress to assure constructabllity; managed project communication between design engineer, contractor and owner including: progress meetings, shop drawing submittal process, change order process, and QA/QC program; Verified compliance from contractors, subcontractors and other participants of projects design and requirements at every stage. He also ensured construction work conformance with design documents. Agency: Inland Empire Utilities Agency Contract Title: Multiple Scope of services: Mr. Jimenez was the Project Manager responsible for managing all aspects of recycled water works with a total value of $65 million. His responsibilities included the management and coordination throughout all phases of the projects including, planning, team coordination, scheduling, cost analysis, pre -design, design and construction of recycled water pipelines, pump stations and reservoirs. He participated In the conceptual design, managed the pre -design, and design, prepared plans and specifications and bid documents for the construction of these recycled water projects. In charged of all permits, easements, agency approvals, financial management, team coordination and communication, consultant and contractor selection, contract execution, and construction management. He also monitored payments, invoicing and handling of all billing and/or administration of projects, office staffing, workload forecasting, etc. Agency: City of Inglewood Contract Title: Multiple Scope of services: As Project Manager, Mr. Jimenez was responsible for wastewater, water quality, storm water and environmental & Street Capital Improvement Projects within the City. He created, managed and implemented all programs within the MS4 NPDES permit as applied to municipalities. He also managed the City's environmental compliance responsibilities, prepared and administered the design, engineering cost estimates, drawings, bids, specifications, and staff reports and made recommendations to Public Works Director and City Council on CIP projects. Mr. Jimenez designed and retrofitted improvements to key components of water treatment plant and water distribution system. His responsibilities included managing in-house engineering staff, consultants, contractors and public outreach. 91Page 25F-161 RYAN WALKER, P.E. Project Manager / Construction Manager Summary of Experience Mr. Walker has provided construction management and inspection services for various sized municipalities throughout Southern California for a number of years. In this capacity, Mr. Walker was the lead Construction Manager on projects for the City of Garden, Long Beach Water Department, City of Pomona, City of Huntington Beach, and Los Angeles County Sanitation District. Mr. Walker has a clear understanding of project scheduling, including critical path methodology as it relates to interagency and interdepartmental coordination. He is very comfortable and well versed with overseeing responsibilities including monitoring construction and acting as the Public Agency Representative for various sized sewer and water installations. He has conducted pre -construction meetings, progress meetings, reviewing submittals & product data, responding to Requests for Information, reviewing and approving change order work/claims, reviewing baseline/updated schedules, and ensuring complete contract compliance. Mr. Walker has frequently been held responsible for preparing monthly progress reports and final reports at the completion of every project. As a benefit to most public agencies, Mr. Walker can provide high quality As -Built plans at project closeout using his experience with AutoCAD products. Inland Empire Utility Agency: Mixed Liquor Return Pump Improvements- Adding 6 new submersible pumps and associated piping to the activated sludge process to assist in removing'high nitrogen content of the effluent. This project is in design and will be ready to go to bid by August/September 2016. Estimate cost of construction is $4.000,000. RP2 Drying Beds Rehabilitation: Grade and pave 60,000 sf of AC pavement for operations staff to spread dewatered sludge for solar/air drying. Also included new drainage structures and HDP pipeline, 6-8' high perimeter poured in place concrete walls, and rehab of existing sludge drying beds. Total contract value of $935,000. Mr. Walker was charged with ensuring the project is completed on time and within the allocated budget. He was responsible to review and approve project baseline schedules, monthly updated schedules, RFI's, submittals, and requests for deviation and/or potential change orders. He is also tasked with ensuring the contractor adheres to the plans and specifications, and is the main point of contact for the project, her serves as the liaison between the Agency, design engineers, specialty inspections, and the Contractor. RP4 Headworks Retrofit: Remove and replace an'older bar & rake type screening process with a more modem fully enclosed fine screen system. This included $600,000 of owner fumished equipment (Fine Screens, Solids handling washer/compactor, and new automated slide gates). Includes building a Fiberglass Reinforced Plastic headworks building, maintain incoming sewerage flows of nearly 15MGD for nearly 2 months (continuously) using bypass pumps. Total contract value of $2.8 million. As Construction Manager, Mr. Walker was required to coordinate system startups, certifications of proper installation, and loop testing on the behalf of the owner for the Agency supplied equipment. 10JPagc 25F-162 Inland Empire Composting Authority, Baghouse Fire Suppression System: This project was an Agency design/bulld with Baghouse and Industrial Sheet Metal, and included removing rectangular ducting and replacing with 72" diameter aluminum ducting. Also, the Contractor installed a fire suppression system and all Instrumentation associated with it for a complete NFPA regulated package (refer to the attached photos of this project). All of this projects work Is related to the dust collection system within the 450,000 square foot composting facility managed jointly by LACSD and IEUA. Total contract value of $940,000. As Construction Manager, Mr. Walker was required to coordinate system startups, certifications of proper Installation, and loop testing. Mr. Walker Is currently working on various projects for the Inland Empire Utilities Agency, including several design projects where he Is actively Involved early In the design phase. He participates in preliminary design meetings, 50%, 80% & 100% design review meetings, and then final constructability review just prior to release for bid. City of San Juan Capistrano Chiquita Water Reclamation Plant -Phase 3: Mr. Walker acted as a resident engineer and was held responsible for field management duties on a $28 million Wastewater Plant Expansion project In the City of San Juan Capistrano for the Santa Margarita Water District The project Included a completely new secondary treatment system (utilizing activated sludge), the addition of a Tertiary Treatment Process (utilizing sheet filtration and chlorination), new Digesters, new Primary Sed Tanks, and a new Vortex Grit Chamber. In this capacity, Mr. Walker was responsible for preparation of plan clarifications, changes in the Contract Work, oversight of three (3) Inspectors, responding to RFI's, monitorng/processing submittal reviews, and coordinating special Inspections & materials testing. Mr. Walker administered the contract between the Public Agency, Design Engineer, and Contractor. (This project received the SEWAGE TREATMENT PLANT OF THE YEAR AWARD from the California Water Environment Association). City of Huntington Beach Huntington Beach Booster Stations: Mr. Walker was responsible for day-to-day geld engineering and Inspection duties on a $2.2 million contract for the City of Huntington Beach, California. In this capacity, Mr. Walker was responsible for preparation of plan revisions, changes in the Contract Work, administering the contract between the Agency/Design Engineer/Contractor, coordinating RFI's, and documenting Change Orders. Mr. Walker was the direct path of communication for all project correspondence including submittals, claims for extra work, and project clarifications. City of Costa Mesa Consolidated Water District: Mr. Walker was responsible Involved -with day today field engineering duties on an $11 million Design/Build contract for the Colored Water Treatment Facility within the City of Costa Mesa, California. In this capacity, Mr. Walker was responsible for the review of Contract Documents, submittals, correspondences between project parties, processing RFI's, preparing preliminary change requests, monthly progress payments, and daily monitoring of construction activities. He further provided assistance to the project Resident Engineer and Project Manager during progress meetings and monthly reports. Various locations within Southern California Ground Water Recharge Project: Mr. Walker acted as Assistant Resident Engineer, Mr. Walker provided planning and Construction Management services for a $12 million project for the Water Replenishment District (WRD) of Southern California. The processes utilized in treating tertiary effluent from the adjacent Long Beach Water Reclamation Facility included Mlcrofiltration/Reverse Osmosis/Ultraviolet disinfection. Mr. Walker was responsible for all field engineering Issues and decisions relating to the successful construction of this project. In addition he has successfully completed: the Chapman AveJGilbert St Sewer Project ($2.3 million), Buaro StJHarbor Blvd. Sewer Project ($750,000), Buena Clinton Youth and Family Center ($2.5 million), Fairview St.frrask Ave. Sewer & Water Improvement Project ($700,000), and Brookhurst/Padiament Sewer Project ($1.8 million). 11 JPage 25F-163 GARY MCCRE®IE Senior Construction Inspector Summary of Experience Mr. McCredie has over 30 years of Construction industry experience for all types of public works projects, He has worked on several large construction infrastructure projects in Southern California, keeping safety of employees, public, and quality assurance in place. He has kept critical project deadlines and has maintained accurate project documentation including daily reports, project photographs, redline drawings, and supervised staff on several construction projects. He has worked as an Inspector for numerous utility projects involving major Infrastructure such as treatment plants, sewer, sewage lift stations, pump stations, roadway construction, and deep trench excavation in major arterial streets, storm drains, storm sewers, street improvements, and conventional dry utilities. Typical project responsibilities have included a thorough understanding of the plans, specifications, contract documents, monitoring and updating schedules, conducting weekly construction meetings, daily reports, field verifications, and progress billings, negotiation of change orders, and procurement of materials. He has strong working knowledge of local City and regional green book standards. Relevant Project Experience City of Laguna Niguel, Wood Cliff Sewer Project: This project for Wood Cliff Sewer Project consisted of 280 feet of 33" VCP which was relocated at Metro Station on Camino Capistrano. Water Distribution and Transmission Systems, Various locations: McCredie provided his services for hundreds of sewers, stone drains and water projects involving construction of transmission and distribution systems. The pipe ranged in size from 4" to 54" utilizing all types of pipe with depths up to 35'.Methods of construction noticed were open -cut, horizontal directional drilling, slip -lining, re -lining, and pipe bursting. Most projects were installed in metropolitan areas requiring major traffic control measures. The projects were performed for no less than 75 individual agencies. SCWD, Santa Clara Ave. Sewer Main Replacement: This project consisted of the replacement of 3,000-11neal feel of 12-inch SDR-35 pipe. Project included the Installation of numerous sewer manholes ranging in depth from 12-17 feet deep. The project utilized open -cut excavation. Golden State Water Company: Mr. McCredie provided services on Madison Avenue Main Replacement which consisted of over 1,500 feet of ductile iron pipe, gate valves, fire hydrants and water services. Kinder Morgan, Arcade Creek Stabilization: Mr. McCredie served as a Construction Inspector/ Project Manager on this Geogrid-Reinforced cellular confinement retaining wall. This project consisted of rebuilding the creek bank 17 feet in height and 115 feet in length. 121Page 25F-164 Golden State Water Company, Buena Vista Main Replacement: Project Consisted of a water main replacement involving the installation of 2,500- lineal feet of PVC pipe ranging in size from 12-inch to 6-Inch, including water main, fire hydrants, and water services. This Project also included the Installation of a pump station. Project utilized open -cut excavation and hydraulic shoring methods. Project Involved extensive traffic control on major city streets. Laguna Beach Water County Water Company, Highway 133 Water Main: The project included a water main replacement involving the installation of 8,500-lineal feet of PVC pipe ranging in size from 12-inch to 6-Inch, Including water main, gate valves, fire hydrants and multiple water services. The project utilized open -cut excavation and hydraulic shoring methods. This also involved extensive traffic control and major city street and permitting with Caltrans. SCWD, Camino Capistrano Water Main Replacement: This project Included the replacement of a water main involving the installation of 4,500-lineal feet of PVC pipe ranging In size from 12-inch to 6- inch, Including -water main, gate valves, fire hydrants, multiple water services and the Installation of a 12'x8'x8' pressure reducing (PRV) vault. Project utilized open -cut excavation and hydraulic shoring methods. Project involved extensive traffic control on major city streets. Laguna Beach County Water Company, La Mirada Main Replacement: Construction work consisted of the replacement of a water main which involved the installation of 3,500-lineal feet of PVC pipe ranging in size from 84nch to 4-Inch, including water main, fire hydrants, and water services. This project utilized open -cut excavation and hydraulic shoring methods. The project also involved extensive traffic control on major city streets. CBMWD, Santa Fe Springs Reservoir Transformation: This project consisted of a conversion of a 1.2 million gallon reclaimed water reservoir to a potable water system. This conversion included disconnection the existing reclaimed water line and disinfecting the reservoir and associated piping. Project also involved rebuilding of appurtenant pipe material including valves and connecting the reservoir to an existing potable water system. City of Burbank, Metrolink Bore: Tis project consisted of 120-foot bore, 15-feat deep. The bore was performed In order to Install a 12" HDPE waterline under the Metrolink tracks. The project also included digging a 25'x10'x17' launching pit and a 15'x10'x17' receiving pit and utilized trench shields as the shoring method. This project included pressure testing and chlorination of new pipe and connecting to existing water mains. Los Angeles Sheriff's Department, Camp Luis Roth Waterline: During this project, an existing waterline feeding the Camp Roth Jail was replaced. This project involved the installation of 8,400- feet of 4" HDPE water pipe. The project utilized open -cut excavation in a high traffic area and required extensive traffic control and permitting with the City of Los Angeles. 13JPage 25F-165 BRIAN FRENCH Senior Inspector wiring, and overhead signs Summary of Experience Mr. French has over 18 years of extensive public works inspector experience and quality control. As a public works Inspector, he has worked on asphalt and conventional asphalt overlay projects, storm drain installations and sewer lateral Installation projects. His knowledge includes: Green Book, Caltrans Standards/Specs, WATCH Manual, and traffic control; knowledge of asphalt concrete and emulsion technologies; catch basin -poured -in -place or precise; junction structures and collars; ADA compliant concrete ramps and reports; concrete sidewalks, curbs, gutters, driveway approaches and x-gutters; metal beam guard railing; landscaping; median curbs; concrete, asphalt and rubber pavement; storm drains and sewer construction; SWPPP; sound walls and retaining walls; ductile Iron water lines and channel slope paving. He Is also experienced in traffic signal lighting, traffic signal Installation and and pole foundations; interconnections and street lights. Relevant Experience Agency: City of Downey Contract Title: Street and Water Improvements on Lakewood Boulevard Scope of Services: Mr. French provided Street Inspection services on Lakewood Boulevard from Gallatin Road to 450-feet S/O Telegraph Road, and Lindell Avenue from 1-5 NB off Ramp to Telegraph Road. He also prepared daily reports, collected quantities, managed residents and business owners concerns and questions very professionally. He attended all daily and weekly progress and schedule meetings and handled day-to-day conflicting project requirements and many other demands to achieve the set goals for City of Downey's project. This project involved traffic control, traffic signal & light improvements, street improvements, water service lines, potable and recycled water improvements, removing and salvaging existing water utilities. Agency: City of Burbank Contract Title: North San Fernando Blvd Safety Project Scope of Services: Mr. French served as a Senior Construction Inspector and was responsible for coldmilling, asphalt paving, drainage systems, SWPPP reports, public safety, new ADA compliant ramps and filling out the 2015 Caltrans ADA ramp forms and picture forms, grading, class 2 base, concrete sidewalks and curb/gutters, public safety, traffic control, installing new/relocating/removing existing traffic signals/ communications, relocating signals, inspecting signal pole foundations, signing and striping. His work also included taking daily pictures, completing daily picture reports, writing daily reports, employee Interviews, writing daily reports, daily quantities and monthly estimates. This project was federally funded and cost $115,8769.00. Agency: City of Diamond Bar Contract Title: Street Rehabilitation Area 5 Road Maintenance Project; Brea Canyon Cutoff Roadway and Drainage Improvements Scope of Services: Mr. French served as a Senior Construction Inspector and was responsible for inspecting the pouring of new ADA compliant handicap ramps, sidewalks/driveways/curb and gutters, traffic control, coldmilling and paving AC. Brian's work also Included slurry, cape seal, crack sealing, weed abatement, backfilling, coldmilling, concrete driveways, concrete sidewalks, concrete aprons, concrete curb/gutters, signing and striping, monthly estimates, daily reports and 141Page 25F-166 pictures, employee Interviews, SWPPP. Agency: City of Bellflower Contract Title: Placing of Slurry Seal on Various Streets and Alleyways Scope of Services: Mr. French served as a Senior Construction Inspector where he was responsible for inspecting the placing of street and alley slurry seal, traffic control and signing/strlping. His work included traffic coordination, slurry seal, public relations, field measurements of each streetlalley, quantities/estimates, employee interviews and daily pictures/reports. Agency. City of Anaheim Contract Title: Street Improvement Project Scope of Services: Mr. French served as a Senior Construction Inspector and was responsible for the inspection of residential street slurry seal, publlc safety, traffic control, and signing/striping. His work also Included traffic coordination, slung seal, public relations, field measurements of each street, quantities/estimates, employee Interviews and daily pictures/reports. Agency: City of Bellflower/City of Downey Contract Title: Foster Road Street Rehabilitation Project Scope of Services: Mr. French was responsible for grading, installing new ADA compliant handicap ramps, traffic control and coordinating field testing of materials. Work includes traffic coordination, paving, landscaping, concrete sidewalks, concrete aprons, signing and striping. The project cost was approximately $756,000 and was funded by local sources. Agency: Caltrans District B Contract Title: On -call Contract Administration & Construction Engineering for various Projects in Barstow/ Needles/Hwy138 Widening Scope of Services: As the Construction Inspector, Mr. French was responsible for grading, class 2 base, asphalt, concrete, traffic control, quantities/ monthly estimates, SWPPP, drainage systems, CCO work, employee interviews, writing daily reports and taking daily pictures, scheduling compaction tests. Agency: Caltrans District 7 Contract Title: On -Call Contact Administration & Construction Engineering, Task Order #4 /#8 Scope of Services: Construction Inspector: As the Construction Inspector Mr. French was responsible for inspection, coordinating testing and construction management. He was also responsible for inspection coordination with the District SWPPP inspectors. In addition, he ensured that the contractors were in compliance with the approved SWPPP plan. Mr. French's duties included: heavy traffic control and quality assurance; safety, environmental and labor regulations and making sure the work was done In accordance with the plans and specifications. Agency: City of Palm Desert Contract Title: Joint Construction Projects (Volumes 1-4) Scope of Services: As the Construction Inspector, Mr. French was responsible for roadway excavation, subgrades, base work, AC and rubber overlay, temporary and permanent signage and striping. He was also responsible for contractor compliance with specifications and plans for the following projects: Volume 1 - Miles Avenue / Warner Trail Roadway Improvement Plan, Volume 2 - Sanitary Sewer and Storm Drain Project, Volume 3 - Sanitary Sewer Lift Station, Volume 4 - Miles Avenue Transition Line (16). 151Page 25F-167 ®ARYL LOPEZ Senior Inspector Summary of Experience Mr. Lopez has over 30 years' experience of inspection of public works C.I.P. projects. In fact, he retired from City of Anaheim as their Senior Construction Inspector after 22 years of providing exceptional inspection. He is experienced with performing numerous utilities, street improvement projects including storm drain installation, concrete, dam enlargements, dam cleanouts, retaining walls, street resurfacing, sewerlwater projects, street widening, electrical and signal modifications. Daryl has been responsible for many street rehabilitation projects which have as well as several sewer and traffic signal upgrades. Daryl has coordinated the scheduling of work between developers, contractors, city departments and other agencies. In his years as Construction Inspector he was responsible for Federal Projects, City contracts, Willy permits, all private and public right-of-way, on -site grading, cost effectiveness of a project, progress payments to contractors, keeping daily diaries, corresponding with contractor and other City departments and ensuring public safety on the job site and surrounding streets. Relevant Experience Agency: City of Anaheim Contract Title: Gilbert Street Storm Drain Scope of services: Mr. Lopez provided inspection of 60" RCP running from Crescent Avenue to the Coyote Creek Channel. The project included numerous concrete structures and cutting of the channel wall to tie-in the storm drain. This project was in coordination with the Orange County Flood Control District and cost $2 million. Agency: City of Anaheim Contract Title: Gilbert Street Sewer Scope of services: Mr. Lopez provided inspection of 18" VCP running from the intersection of Orange Avenue to Gilbert to the tie-in at the intersection of Lincoln Boulevard and Gilbert. This was a $1.5 million project that included numerous concrete structures and sewer line diversions. Agency: City of Anaheim Contract Title: Tustin Avenue Bridge and Street Widening Scope of services: Mr. Lopez provided inspection of roadway and bridge over the 91 freeway including the on and off ramp retailing walls, abutments, steel girder installation, pile driving, concrete panel replacement on the mainline, storm drain installation and various concrete barriers, polyester concrete overlay, forming and pouring of the bent in the mainline median. This was a $5 million cooperative agreement project with Caltrans. Agency: Los Angeles County Flood Control District Contract Title: Cogswell Dam Cleanout and Enlargement Project Scope of services: Mr. Lopez provided inspection of the dam area, installation of 114" CMP, gunite dam interior, blasting of canyon slopes and exporting or soil. This was a $30 million project in coordination with the Army Corps of Engineers and the Department of Fish and Game. 161Page 25F-168 Agency: Los Angeles County Flood Control District Contract Tltie: Rio Hondo Dam Cleanout Scope of services: Mr. Lopez provided inspection of debris removal, dam diversion, regrading of low flow and exporting of soil. This was a $25 million project in coordination with the Army Corps of Engineers and the Department of Fish and Game. Agency: Los Angeles County Flood Control District Contract Title: Holly Hills Drain Scope of services: Mr. Lopez provided inspection of 20' x 20' RCB running from the City of Los Angeles Wilshire District to downtown Westwood. This was a $60 million project that Involved three large construction companies and the coordination with the City of Los Angeles. Additional Federal Street Resurfacing Project for City of Anaheim: • Crescent Street from Magnolia to Gilbert - $750,000 • Katella Avenue from Nutwood to Gilbert, $850,000 • Euclid Street from Polais to Katella, $900,000 • Brookhumt from Orange to Katella, $700,000 • La Palma Avenue from Lakeview to Imperial Highway, $2.5 million • Imperial Highway from Santa Ana Canyon to Nohl Ranch Road, $850,000 • Santa Ana Canyon Road from Imperial to Fairmont, $1.2 million • Santa Ana Canyon Road from Festival to Weir Canyon Road, $500,000 • Weir Canyon Road to the Burlington Northern Santa Fe Railroad Bridge, $ 750,000 • Nohl Ranch Road from Serrano to Walnut, $1.5 million • Orangethorpe Avenue from Kraemer to Miller, $900,000 Additional Electrical Projects for City of Anaheim: • Underground District 26, Euclid to Broadway, $5 million • Park Substation Transmission and Distribution, $15 million • Roosevelt Substation and Gateways, $80 million • Yorba Substation Transformer Update, $30 million • Underground District 50, Euclid Avenue from Broadway to Orangewood, $15 million Additional Traffic Signal Projects for City of Anaheim: • Westchester/ Lincoln, $175,000 • Western Avenue Pedestrian, $175,000 171Page 25F-169 CRAIG DENTS Senior Inspector Summary of Experience Mr. Jents has over 35 years, experience of Inspection of public works C.I.P. projects. In fact, he retired from City of Anaheim as their Senior Construction Inspector. He is experienced with performing numerous street improvement projects including raising medians, landscaped medians, street resurfacing and sewertwater projects and street widening and signal modifications. Craig has been responsible for many street rehabilitation projects which have included R & R, Slurry type 11, asphalt, concrete work and several new and existing street overlay projects. Craig has coordinated the scheduling of work between developers, contractors, city departments and private inspection agencies. In his years as Construction Inspector he was responsible for Federal Projects, City contracts, utility permits, all private and public right-of-way, on -site grading, cost effectiveness of a project, progress payments to contractors, keeping daily diaries, corresponding with contractor and other City departments and ensuring public safety on the job site and surrounding streets. Craig also has extensive experience installing new Traffic poles, conduits, signal heads, pedestrian heads and rewiring Intersections. Relevant Experience Agency: City of Brea Contract Title: Multiple Projects Including: Residential Street Rehabilitation Projects, Central Avenue & Brea Boulevard Intersection Improvement & Birch Street Median Improvements Scope of services: Mr. Jents provided Inspection services for a federally funded under LAPM standards project for right turn pocket construction and intersection signal upgrade and modifications. In addition, he has been responsible for many street rehabilitation projects including remove and replace, ARHM, concrete work, Slurry (REAS type II), and several street overlay projects. He has also inspected several new home construction tracts for sewer and water main installation, and inspected 12" water transmission line for the City. Agency: City of Anaheim Contract Title:. Multiple CIP Projects Scope of services: Responsible for major City contracts of several million dollars, updating existing traffic signals, inspecting new signal installation. The projects included construction of new streets, (ARHM) asphalt, REAS type II Slurry and concrete work. Mr. Jents was responsible for Federal Projects, City contracts, utility permits, all private and public right-of-way work, on -site grading, project cost effectiveness, keeping daily reports and Interacting with all City departments to ensure public safety on the job site and surrounding streets. His experience at the Lincoln & State College intersection included widening and signal modification, installing new poles, conduits and rewiring the Intersection. Agency: City of Glendale Contract Title: Glendale Ave. Street Rehabilitation Project Scope of Services: Mr. Jents provided inspection services for this federally funded project under LAPM compliance for the $7 million, 2 mile sewer and street rehabilitation on Glendale Avenue. In addition, he has been responsible for many street rehabilitation projects including remove and 18111a`e 25F-170 replace, ARHM, concrete work, Slurry (REAS type II), and several street overlay projects. He was also responsible for submitting daily reports, bid items, and progress payments. Agency: City of Burbank Contract Title: Two Projects: Safe Route to School & I-51SR-134 Congestion Management Project Scope of services: Mr. Jents was responsible for the inspection of Installation of new traffic signal poles, conduits, traffic signal heads, pedestrian heads and rewiring intersections under LAPM, federally funded projects. These projects involved replacing and rehabilitating Street reconstruction as well on sections where the new poles were installed. Agency: City of Garden Grove Contract Title: Brookhurst Triangle Sewer Project Scope of services: Craig provided Inspection services for the construction of this project which Included construction of 15" to 18" VCP sanitary sewer pipes and replacement of a 14-inch water main. His experience also Includes inspection work of the TrasklHaster water and sewer project. Street rehabilitation including grind and overlay replacement of AC in staged lifts. Agency: City of Whittier Contract Title: Multiple Projects Scope of services: Mr. Janis provided Inspection for major City Streets including widening, removal and replacement of AC sections. Slurry seal type I and type II and restriping of streets. In addition to street AC overlay project he also provided inspection for the 8" VCP sewer replacement project. Agency: City of Midway City Contract Title: Multiple Projects Scope of services: Mr. Jents provided Inspection services for several projects that included street resurfacing, street AC pavement replacement and 12" VCP sewer replacement project as well as the 15" & 18" VCP sewer replacement project Installation of new ADA ramps, rubberized and conventional AC. Coordination with different agencies and utility companies. 191Page 25F-171 AR RAMIREZ Construction Inspector Summary of Experience Mr. Ramirez has over 25 years of extensive experience in diverse civil engineering projects. He is experienced with the inspection of water mains, pipelines, water tanks, and pressure reducing stations. His experience includes sanitary sewers, sewer lift stations, utilities, grading, street, curb, gutter, sidewalk, reinforced concrete, public improvements projects, and bridges. Mr. Ramirez has conducted site safety meetings, supervised pavement construction, and reviewed contractor's compaction test procedures, shop drawings, material specifications, and traffic plans. He is also experienced in budgeting, reviewing and estimating contractorrs change order requests, and negotiating change orders prices and schedules. Relevant Experience Agency: City of Glendale Contract Title: Doran Street Improvements Scope of Services: Mr. Ramirez provided construction inspection for the street improvements on Doran Street. The rehabilitation Included sewer and storm drain work, as well as street resurfacing, ADA, curb and gutter, sidewalks, tree planting and street lights. He ensured that the project was completed in time and within budget while accurately completing daily reports and supporting photographs for the City. Agency: City of Corona Contract Title: Foothill Parkway Widening and Rehabilitation Scope of Services: Mr. Ramirez provided construction inspection during the landscaping rehabilitation for the Foothill Parkway widening from Teddy Bear Lane to Tamarisk Lane which included the irrigation system, top soil, mulch, fertilization, valve boxes, finish grading, planting, etc. Street and safety lights retrofit which encompass the installation of pole 8.000 fixtures including bulbs. Agency: LA County Contract Title: Golden State Water Company (GSWC) South West District Scope of Services: Mr. Ramirez served as part of a two -man team providing construction inspection services to Golden State Water Company (GSWC) South West District for the replacement of 5,066 residential and commercial water meters. This $700K project involved extensive communication and coordination with GSWC operations department to insure accurate meter inventory accounting, consistent project scheduling control for installations, proactive customer notification and customer satisfaction for service interruption, precise documentation of installation addresses, dates, meter numbers, old and new meter readings, coordination of old meter salvage operations and assessment of monthly Contractor Invoices. Agency: City of Garden Grove Contract Title: Magnolia Street Rehabilitation Scope of Services: Mr. Ramirez performed inspection services for Magnolia Street rehabilitation from 22 freeway off ramp to Garden Grove Blvd including the segment from Magnolia Street from Trask to Garden Grove Blvd, was re -profiled. The project also Included roadway rehabilitation by full depth reclamation and cement treatment, cold milling, roadway excavation, asphalt paving, replacement of PCC sidewalk, curb, curb & gutter and pattern stamped concrete, drive approach, cross gutters, bus pad and handicap ramps, storm drain improvements, water main improvements, Irrigation and landscaping, traffic loops detectors and striping. 201Pagc 25F-172 Agency: City of Brea Contract Title: Various CIP projects Scope of Services: Mr. Ramirez provided the City of Brea with Inspection services for its Capital Improvement Program. Projects include water mains and pipelines, storm drain systems, ADA compliance, and Street Improvements. Agency: Park Water Company Contract Title: Water Pipeline Improvements, various Scope of Services: Mr. Ramirez performed Construction Management and inspection Services for construction and Installation of new water pipeline projects. These projects Include relocation of existing pipelines and upgrading/replacing several existing pipelines throughout the Jurisdiction of Park Water in the cities of Compton, Willowbrook, Lynwood, Bellflower and Norwalk. Agency: City of Ontario Contract Title: Water Main Improvements Scope of Services: Mr. Ramirez provided Inspection services for the Installation of 17,440 LF of 24" CMUC water pipe and 5350 FL of 42" CMUC water pipe, including directional drilling under two railroad tracks and the 60 freeway. He has also Inspected the Installation of 3,280' of 42" water main and the construction of two pressure reducing stations. Agency: City of Chino Contract Title: College Park CIM Improvements & Relocation Plan Scope of Services: Mr. Ramirez provided Inspection services for the College Park CIM Improvements & Relocation Plan including 4,024' of 24" C 900 domestic water line, 7,961' of 18" C 900 domestic water line, and 6,062' of 18" C 900 well line. Agency: City of Compton Contract Title: Various Street Rehabilitations Scope of Services: Mr. Ramirez performed inspection of street rehabilitation including grading and sub grade preparation for PCC paving and ARHM paving; bus pads, curb and gutter, street light and traffic signal installation, concrete median Installation and irrigation and landscaping Installation. He has provided coordination with residents, businesses, and utility agencies. Additionally, Mr. Ramirez has managed federally funded projects In compliance with LAPM. Agency: City of Baldwin Park Contract Title: Various CDBG / ARRA funded Street Improvement Projects Scope of Services: Mr. Ramirez performed Inspection of CDBG / ARRA funded Street Improvement Projects Including Inspection of curb, gutter, sidewalk, asphalt, slurry seal, ADA compliant handicap ramps, street lighting, signal loop detectors, and street trees. Agency: City of Las Vegas, NV; City of Lake Forest, CA; City of Buena Park, CA Contract Title: Various Scope of Services: Inspection of highway construction, asphalt overlay of residential streets and pavement removal and sidewalks. 211Page 25F-173 ALEX CHANDHOK Senior Inspector Summary of Experience Mr. Chandhok has over 40 years of experience providing supervision and field oversight on water treatment plants, pipelines, pump stations, large valve replacements, manholes, and rehab projects. He works closely with project managers in the development of budgets and work plans and provides field staff with equipment that is cost-effective and consistent with the goals of the project. Mr. Chandhok ensures that field work is in compliance with client contracts, agency standards, and budget and his organization, resourcefulness and critical timing skills deliver needed services for each project. He has extensive experience in managing installations, inspection, commissioning, servicing and compliance issues on rotating and other heavy machinery. Alex also is a certified Marine Engineer. He has been involved in many IC engine inspection and installation. Relevant Experience Agency: City of Downey Contract Title: Street and Water Improvements on Lakewood Boulevard Scope of services: Mr. Chandhok provided utilities Inspection services on Lakewood Boulevard from Gallatin Road to 450-feet S/O Telegraph Road, and Lindell Avenue from 1-5 NB off Ramp to Telegraph Road. He also prepared daily reports, collected quantities, managed residents and business owners concerns and questions very professionally. He attended daily and weekly progress and schedule meetings as well as handled day-to-day handling of conflicting project requirements and many other demands to achieve the set goals. This project involved traffic control, traffic signal and light Improvements, street improvements, water service lines, potable and recycled water improvements, removing or salvaging existing water utilities. Agency: City of Downey Contract Title: Capital Improvement Project No. 18-12, Firestone Boulevard Water Systems Improvement Project Scope of services: Mr. Chandhok Provided Inspection services on the Water Systems Project on Firestone Boulevard from Old River School Road to the west City limits. Alex worked closely with all involved parties Including contractors, City, City Staff to complete this improvement project efficlently. He also prepared daily reports, collected quantities, managed residents and business owners concerns and questions very professionally. He attended daily and weekly progress and schedule meetings as well as handled day -today handling of conflicting project requirements and many other demands to achieve the set goals. This speck project involved Installation of new main, fire hydrant assemblies, existing water meters and boxes. Abandoning existing water mains, service lines, and other associates facilities; removal and salvaging of existing fire hydrant assemblies, existing water meters and boxes; reconstruction of asphalt concrete; and other miscellaneous improvements affected by the Improvements. Agency: City of Riverside Contract Title: Regional Water Quality Control Plant Expansion Project Scope of services: Mr. Chandhok provided inspections on rebar for heavy equipment bases, digester gas storage tanks, and clarifiers. Alex ensured the contractor complied with building codes 221Page 25F-174 and contract specifications. All required field tests were conducted on site before every pour. He was actively involved In installation and testing of heavy equipment such as clarifier pumps, scour blowers, and digesters. Alex prepared daily reports, collected quantities, managed residents and business owners complaints very professionally. He attended daily and weekly progress and schedule meetings as well as handled day -today handling of conflicting project requirements and many other demands to achieve the set goals. Agency: Enclna Wastewater Authority Contract Title: Encina Wastewater Authority Scope of services: Mr. Chandhok was the construction inspector for the Major Plant Rehabilitation projects. The design Included a new bypass structure and bypass pumping of more than an average of 20-mgd of raw wastewater to provide structure access. The structural repairs included demolition of the concrete roof deck, and exposed and corroded rebar. New structural repair material and high performance coating were installed along with the cured -in -place liner of the four, 48" influent pipes between the structure and the headworks building. Agency: City of Clairmont Contract Title: Conjunctive Use Project Pipeline Facilities Scope of services: Mr. Chandhok provided construction supervision and inspection during the Installation of 2691 LF of 36-Inch diameter pipeline, 247 LF of 24-Inch diameter laterals, related metering and flow control structures, 36- inch butterfly valve and flow meters, electrical and telemetry systems as well as all related ancillary systems and needed site Improvements. His Inspections also Included welding and hydro testing. He prepared daily reports, handled day-to-day conflicts and managed any concerns and inquiries of the project in a professional manner. Agency: City of Pasadena Contract Title: Eastside Well Collector Centralized Disinfection Project, Pasadena Water and Power Scope of services: Mr. Chandhok provided inspection services during the construction of the sodium hypochlorite tank, aqua ammonia tank, chemical containment area, metering pumps, analyzers, gas detection system, vaults, electrical panels, and other miscellaneous work. He prepared daily reports, attended all necessary monthly meetings and was also responsible for the final closeout of the project. Agency: ARCO, City of Carson Contract Title: Underground Piping Replacement Project Scope of services: Alex provided construction supervision and Inspection during the replacement of 2,500 LF of 18" steel underground pipe with new 18° of above ground steel pipe, multiple large size valves, blow -offs, and air vacs. His Inspections also Included welding and hydro testing. Mr. Chandhok was also very professional in addressing any issues regarding the project. Agency: Long Beach Water Department, City of Long Beach Contract Title: Cast Iron Main Replacement Project Scope of services: During the entire project, Mr. Chandhok provided inspections and quality assurance of valves, startup, and commissioning. This project consisted of approximately 7,500 LF of 8-inch ductile iron waterline along Atlantic Avenue in the City of Long Beach. He attended all meetings and answered any inquiries based on the project in an efficient and timely manner. He kept In constant communication with the City's Water Department and provided all necessary documents from Inspections. 231Page 25F-175 KAHONO OEI Sr. Plan Checker Summary of Experience Mr. Oei possesses over 30 years of extensive experience in all aspects of Municipal engineering and inspection services. He was responsible for plan checking of residential and commercial projects in conformance with state codes, zoning codes, energy codes, and local codes. He reviewed and approved building construction documents according to code regulations, civil design, and local zoning regulations. Mr. Oei has also reviewed grading, sewer, storm drain, erosion control, soils report data, structural engineering, shoring work, drainage plans, retaining structures, building seismic design, and complex foundation evaluation. Additional duties included technical assistance to members of the public, architects, engineers, and contractors; issuing building permits and performing Feld inspections according to plan specifications; training staff members and inspectors; and coordinating with City consultants on engineering and code issues. Mr. Cal has reviewed many plans to make sure they're in compliance with City codes and ordinances, rules and regulations. These plans have included Subdivision maps, parcel maps, site plans, and other development submittals. He has reviewed these plans for the following: • Current legal description • Accuracy of assessor's parcel being subdivided • Mathematical closure of subdivision boundary, individual lots, and public right-of-way dedication • Lot areas • Accuracy of conformance to all conditions of approval in the subdivision resolution in appropriate jurisdiction • Conformance of subdivision or parcel map with the tentative map He has prepared a comprehensive written list of comments and submitted it to the City highlighting all major issue while providing the specific design engineer/developer the opportunity to prepare a proposed resolution if they disagree with any of the comments. He has also plan checked improvement designs for conformance to the City's checklist and local standards. The plan check Included plan review process for public rights of way, such as street improvements, utility easements, drainage systems, encroachment permits, and traffic flow, concurrently with the plan review of onsite developments. He has reviewed grading plans including: • Compared grading plans with improvement plans • Reviewed plans for conformance with soils report • Reviewed plans to ensure compliance with applicable City codes and ordinances 241Pagc 25F-176 design, YOUNG JAMES PARK Sr. Plan Checker Summary of Experience Mr. Park has over 31 years of plan check review experience in Land Development Divisions and construction of public works CIP projects. He his in-depth experience includes land development and processing expertise, handling land development entitlement for large and small scale development projects and conducting engineering plan check review for public improvements that consist of subdivision map, grading, erosion control, SWPPP, WQMP, LID, parks, street, sewer, water, and storm drain. He has also prepared grading plans, erosion and sediment control plans, street improvements, storm drain, hydrology and hydraulic report, sewer and water plans, SWPPPs and WQMPs for developments. In addition, he has developed the preliminary project design, coordinated with other agencies and acted as a design resource for team members. Young has trained and mentored professional staff and engineers, particularly associated with plan check review. He has reviewed applications as well as grading, improvement plans, final maps and tentative tract and parcel map for various private subdivision projects. He has also reviewed Specific Plans for large scale development (Dos Lagos and Arentine Specific Plans at Cajalco Street and I -15) consisting of master plan infrastructure facilities including water, sewer, storm drain system, traffic circulation, roadway Mass grading, assessment of development impact fees and all other necessary provisions. Mr. Park has attended DPR (Development Planning Review) and PRC (Planning Review Committee) meetings to present conditions of approval and comments to development plans and tentative map for processing subdivision, commercial, industrial, residential development plans. He also coordinated with developers and engineers and other public agencies to resolve and mitigate engineering complex during construction of improvements. Relevant Experience Agency: City of Buena Park Contract Title: Larwin Park improvements and Medivai Times Parking Lot Expansion Scope of services: Mr. Park was responsible for the design engineering of plans and plan check for drain Improvements, WQMP, and SWPPP for rehabilitation including park amenities at Larwin Park, located on Ball Avenue east of Valley View in City of Buena Park. HE was also responsible for plan check and design engineering for the Medival Time parking lot expansion in the City of Buena Park to expand parking lots and LID improvements. Agency: City of Industry; City of Placentia Contract Title: Private Development Plan check and Management Scope of services: As a contract City Engineer Mr. Young provided civil engineering plan check for private developments, including the review of engineering plans (e.g., street, sewer, waterline, storm drain, rough and fine grading plans, erosion control plans and other engineering reports). Agency: City of Bell Contract Title: Municipal Engineering Scope of services: As Senior Engineer, Mr, Yond was responsible for handling contract and counter administration for public works projects, including entitlement processing for private development; and 251Pa;e 25F-177 plan check for private development consisting of subdivision map, grading, street, sower, water, storm drain and supporting documents (e.g., SUSMP, LID and SWPPP). Also, handled assessment engineering; as well as the project management and contract administration for CIP projects, Including PSE preparation and coordination with Caltrans for FY 12113 street rehabilitation ($2.1 M); slurry Seal In various streets (120K); FY 13/14 street resurfacing ($2.2M); Florence Avenue resurfacing project (390K); Filmore Street resurfacing project funded by Proposition C (270K); and Walker and Gage Avenues Intersection Improvements. funded by FTIP (070K). Attended Subcommittee meetings for Watershed Management Plans (WMP) and Coordinated Integrated Monitoring Plans (CIMP), LID and Green Street. Oversaw plan check for land development plans, Including street, sewer, water, storm drain, SWPPP, SUSMP/LID as well as grading and stockpile. Agency: City of Fullerton Contract Title: Various Plan check Scope of services: Mr. Young Provided Engineering plan check of street, grading, and stone drainage for private developments. Provided administrative support for the Issuance of city encroachment permits. Agency: City of Corona, Fontana, La Quints, and Moreno Valley Contract Title: Various Englneering Plan Review Scope of services: Mr. Young provided civil engineering plan review for private development Improvement plans Including street, sewer, water, storm drain, rough and fine grading plans, other engineering reports and analysis supporting design work; attended meetings on behalf of the City to -resolve the engineering complex; provided administrative services by daily attendance at the City Hall. Agency: City of Corona Contract Title: Plan Check Review Scope of services: Provided plan check review of final Tract map, Parcel map and Improvement plans Including water, sewer, stone drain , precise end rough grading. SWPPP and WQMP, Legal description for easement deeds, street vacation, lot line adjustment and other required legal documents, traverse calculation, water, sewer network analysis and hydrology/hydraulics analysis and soll reports; reviewed Specific Plan and EIR (Environmental Impact Report) for large scale development consisting of master plan Infrastructure facilities Including water, sewer, storm drain system, traffic circulation, roadway design, Mass grading, assessment of development Impact fees and all other necessary provisions; attended DPR (Development Planning Review), and PRC (Planning Review Committee) meetings to present Public Works conditions and comments to development plans and tentative map for subdivision, commercial, industrial, residential development project; coordinated with developers, engineer, other public agencies, and field staff to mitigate engineering complex; prepared staff report to the City Council. Agency: City of San Clemente, Yorba Linda & Norco Contract Title: Plan Check Review Scope of services: Mr. Young provided plan check review for private development plans, city roadway design, storm drain, grading, water, and sewer design. Agency: City of Lawndale Contract Title: Plan Check Review Scope of services: Mr. Young provided plan check review for private development plans Including grading, street and sewer lines; reviewed and processed capital Improvement plans and specifications for public contract financed by the City, State and CDBG. 261Pagc 25F-178 WENDY OLSEN Contract Administrator Summary of Experience Ms. Olsen has more than twelve (12) years of professional experience as an Contract Administrator / Administrative Assistant in the Construction industry effectively assisting Construction Management at an office manager level, where she self -sufficiently managed the daily office responsibilities of processing and organizing of owner & subcontractor contracts, change orders, Insurance certificate issuance, bonds origination, generating preliminary notices, Including overseeing daily accounts payable, processing of subcontractor payments, accounts receivable, preparation of AIA billing forms for general contractors, lien releases, monthly billing account collections, recording & approval of payroll transactions for distribution, extensive data entry, coding and input of costs creating cost analysis reports. She has assisted many clients with contract administration of construction projects, such as Inland Empire Utilities Agency through GK & Associates with multi- million dollar construction projects. 271Page 25F-179 ROSALIND GUTHRIE Contract Administrator Summary of Experience Ms. Guthrie has more than thirteen (13) years of professional experience as an Contract Administrator/ Administrative Assistant in the Construction industry effectively assisting Construction Management contracts, where she efficiently monitored and maintained comprehensive budget for accurate project costs, job coded and processed all pay estimates, task orders and project invoices, Maintained and ensured accuracy of job cost on various projects, prepared schedule of Values, Disbursed accounts payable batches which included job cost coding and data entry on all subcontracts and vendors with follow-up on subcontractors and suppliers lien releases, prepared retention releases, coordinated all department safety training, verified time and material for change orders and emergency task orders, coordinated and scheduled all meeting and meeting minutes, assisted in fiscal year end processes, assisted with the closeout documentation on all jobs which included warranties, operations, maintenance manuals, and as-built/red line drawings, and ensured that all subcontractors were correctly and fully licensed and met all contract requirements. She also has full knowledge of SMARTS database for entry of SWPPP, NOI, COI, NOT and updating permits, as well as Microsoft Office Suite, SAP, and QUIckBookS. Relevant Experience Agency: Inland Empire Utilities Agency, Chino, CA Contract Title: Contract Administrator Scope of Services: Ms. Guthrie successfully coordinated, assisted, verified and followed- up on various projects and their subcontractors in order to maintain and monitor their comprehensive budgets, accurate licenses, and constant safety. She also had a large part in project closeouts and all project documentation. She incorporated her knowledge of SMARTS database for the entry of SWPPP, NOI, COI, NOT and updating permits for various projects. Ms. Guthrie was responsible for purchase acquisitions, as well as preparing retention releases and Schedule of Values. She assisted in IEUA department procedures such as their safety training, meetings, and monthly reports for quarterly audits, and project procedures such as budget control, project accuracy, and preliminary notices. 281Page 25F-180 CARINA JOHNSON Administrative Assistant / Contract Administrator Summary of Experience Mrs. Johnson has extensive experience providing Administrative Assistance and Contract Administration support in both public and private sectors. She has been responsible for providing project management, accounting and contracting support on many projects of varying scope, size and complexity. Her experience includes office administration, human resources, payroll, and coordinating meetings. Her project experience includes project management assistance for engineering and construction projects to include all scheduling, estimating, purchase orders, work orders, invoicing, monitoring progress, budget tracking, and status reports. She has knowledge of accounting principles, and possesses strong verbal and written communication skills, and the ability to make decisions and solve problems. She has extensive experience providing customer service to clients and has the ability to work with clients, contractors, subcontractors, sub - consultants and vendors. Mrs. Johnson has extensive experience performing payroll processing and Human Resources functions; invoicing - prepare, reconcile; budgets — monitor and reconcile; contract management, proposal writing, day -today office operations, accounts payable, and accounts receivable. She is proficient in Excel, MS Office Suite (Word, Excel, Power Point, Access, and Outlook), Adobe, Dropbox and Procore. Relevant Contract Administrative Project Experience: • City of South Pasadena • City of Colton • City of Santa Monica • Inland Empire Utilities Agency • Eastern Municipal Water District • City of La Canada Flintridge • City of Downey • City of Glendale • City of Anaheim • City of West Covina • City of S. El Monte 291Page 25F-181 Project Understanding The City of Santa Ana is seeking a qualified professional consultant fine to provide the City with professional staff to perform engineering, technical, and administrative tasks for Public Works. GK & Associates has included resumes of our highly experiences staff including, Construction Managers, Project Managers, Inspectors, Plan Checkers and Contract Administrators. We understand the City may select up to three consultants to enter into contract with a total aggregate contract of $2.5 million to be divided amongst the selected firms. Scope of Work Our scope of work is focused on delivering engineering, technical, and administrative services in accordance with your RFP requirements. We have carefully reviewed all of the scope requirements under the RFP — Engineering, Technical and Administrative Support Services, and are fully prepared to fill all of your needs as described in the RFP. Guiding Principles In describing our approach to various services required by the City we begin, below, with some of the overriding principles which will guide our services to you ■ Skilled, thorough, and professional management and inspection of construction activities related to the variety of improvements identified in the RFP. • Regular communications with the City's Project Manager/ Engineer, contractors, subcontractors, and other stakeholders. • A communications directory will be maintained and up-to-date between our staffs, City departments, state, local, federal regulatory agencies, design consultant, City's Project Manager, contractors, subcontractors, and other involved parties. • A "preventive" change order and construction claims mitigation process which anticipates construction issues before they surface as problems. • A change order resolution process which is objective, fair, consistent and efficient and one that maintains a "partnered" approach to problem resolution. • Timely resolution of all RFIs and identification of their collateral impacts on construction costs and schedule. • Sensitivity to surrounding community Issues and maintenance of needed exchange of information with the developer and City. • A computerized document management system which allows for ready access to daily reports, construction agenda and meeting minutes, RFIs, change orders review and negotiation documents, and communication with project stakeholders. ■ A fully documented quality assurance program which incorporates all applicable construction quality standards. ■ Strict adherence to job site safety standards, including safety awareness discussions in all weekly construction meetings. 301Pa0-e 25F-182 Schedule Approach 1. Pre -construction conference GK & Associates will lead the preconstruction conference meeting involving the contractor, City staff, design engineer, and other stakeholders to discuss construction schedule, sequencing, construction safety Issues and regular communication and coordination topics. At the meetings, our Construction Manager will provide the contractor with construction management plan and discuss the role, interaction and communication protocol between the construction contractors, the construction manager, the design consultants, the program manager, the City staff, and residents/property owners/business owners. An agenda will be distributed by GK & Associates to all participants in advance of this conference. The conference will address dispute resolution process, and transmittal, cataloguing and monitoring of RFis and project submittals, including requests for substitution. In support of the City staff and the design engineer, GK & Associates will answer any questions by the contractor regarding construction documents, inspection procedures, and job coordination requirements. GK & Associates will also distribute, and seek input on, a proposed standard agenda for weekly construction meetings. 2. Project kick-off meeting This meeting is intended to introduce GK & Associates project team with the City staff and to address any questions dealing with scheduling, monitoring, progress payment reviews, change order mitigation process, and other topics of importance to the City. At City's request, GK & Associates will submit our detailed construction inspection and jobsite safety plan covering the following elements: • Identification and role of project staff • Site safety procedures • Standard agenda for weekly construction meetings and monthly progress review meetings • Standard template for daily field notes • RFI transmittal and review process • Submittals and substitutions review process • Dispute resolution process • Routine coordination and communication requirements • Earned value reporting and contractor progress payment review process 3. Weekly construction meetings GK & Associates will hold weekly construction meetings with contractor to discuss various project activities, job safety issues, construction progress and construction issues. In each of these meetings construction schedule will be reviewed to chart the progress made to date and to discuss activities for the following week. GK & Associates will prepare minutes of each meeting for distribution to the contractor and the City. 4. Monthly progress meetings GK & Associates Project Manager will attend these monthly meetings with the City staff. The purpose of these meetings is to report to the City on -going construction issues including job safety, schedule, project completion, contractor payments requests and potential change orders. Our experience has shown that these meetings are more productive when held immediately following the contractor's monthly payment requests. One of the most critical elements meetings will be the discussion of contractor's earned value vs. project schedule. Any topics of Importance to other stake holders would be brought up in these meetings. Minutes of the monthly meetings will be prepared and submitted to the City within 72 hours of each meeting. 311Page 25F-183 5. Progress payments On a monthly basis we will review contractor earned value report and progress payment request We Will recommend to the City an appropriate payment based on our assessment of progress to date. Any disagreement between contractor's claims of job progress vs. our assessment will be highlighted and resolved In a timely basis. S. Project Management and Inspection GK & Associates will provide Construction Management and Inspection staff, as noted earlier, for the following activities for the duration of various projects as specified in the RFP. • Day to day construction management and field inspection of all construction activities through the project duration. • Point of contact to address and resolve all project concerns and requests by residents, property owners, businesses, others, and City • Preparation and submittal of weekly and monthly reports • Construction completion and contractor payment request reviews • Review of project submittals and substitution requests • Review and preparation of potential change orders • Provide project's constructability review • Meetings with the city related to construction inspection and management activities • Coordination with other project participants • Preparation of record drawings • Monitoring of contractors safety and traffic control plans • Monitoring and certification testing, disinfection tie -Ins and start ups • Provide closeout services, as Identified In the city's RFP • Maintain daily reports regarding construction activity • Preparation and submittal of weekly and monthly reports • Construction completion and contractor payment request reviews • Review of project submittals and substitution requests 7. Construction photos GK & Associates will be responsible for taking construction photos in digital media, capturing all critical activities. These photos will be properly catalogued and submitted to the city as part of the permanent construction record. li. Contract Record Drawings and Final Report Based on marked up drawings, capturing all construction related changes by the contractor, GK & Associates will deliver to the City one complete set of Mylar prints depicting as -built conditions. The markups will be kept current as the project proceeds. We will prepare and submit to the City a final report which will summarize and discuss the performance of the contractor, contract changes Including final cost and schedule revisions, and final resolution of significant contract Issues. 9. Maintenance of Documents Our Construction Manager will keep one record copy of all plans, drawings, specifications, and other contract documents for the project Including addenda, change orders, submittals, shop drawings, transmittals, technical manuals, and reports on site at all times during the progress of the project. We Will make records available to the program manager, design engineer, and City personnel within AB hours, upon requested. 321Page 25F-184 10. Change Order Management Change orders are a part of every construction project. However, a quality construction inspection process, led by a seasoned construction manager, can mitigate the collateral Impacts of change orders and eliminate any construction claims. Our experience tells us that timely Issue resolution prevents small construction issues from morphing Into bigger problems. Our approach to this process Is preventive. It is based on anticipation of construction Issues before they become bigger problems. We do that through continuous charting of construction activities before initiation of these activities; thus staying several steps ahead of the contractor. We also focus heavily on dealing with change orders with a sense of urgency, because a delayed response can morph small change orders Into big ones, with potentially bigger claims. In that context, we will be tracking project construction schedule diligently so any appropriate Ume extension requests by the contractor are dealt with In a timely manner. It is our experience that a predominant number of construction claims result directly from tardiness or Inaction in addressing contractors' claims for time extension. 11. Office Support, Project Management and Administration Assistance This task covers all the project management and administrative activities provided by the "home office" staff of GK & Associates. The effort by Ghazala Khan, who will serve as the Project Manager, alongside the office administrative and clerical staff in support of our field Inspector, Is Included In this task. As Project Manager, and company Principal, Ms. Khan will make sure that our field work Is being performed during monthly meetings with the City staff and will support our Resident Engineer and field Inspector In coordination and communication of some of the critical aspects of the project with various stakeholders. 331Pagc 25F-185 The following projects highlight GK & Associates relevant experience. We encourage you to contact our client references for their input on the quality of our work and expertise and responsiveness of our staff. City of Brea Project Descriptions: GK & Associates (GKA) provided construction management and inspection services for numerous projects in the City of Brea. GKNs professional consulting services Include engineering design, construction management and inspection services for its capital improvement program including the Birch Street and Berry Blvd. projects, the Carbon Canyon Street Rehabilitation Project, as well as the Lambert Road Rehabilitation project, the Traffic Control Technology Improvement Program project, the Fire Station, as well as the Residential Street Rehabilitation project. These projects include several street rehabilitations, as well as inspection of installation of several water pipelines, wastewater pipelines and water mains. We are also working with developers to build out several new housing communities throughout Brea which includes installation and rehabilitation of existing pipelines, storm drain systems, ADA compliance, permit work, and the construction of a two million gallon reservoir Including several pump stations and new sewer lines throughout numerous locations in the City of Brea. Reference: Mr. Delfino "Chino" Consunji, PE Deputy Director of Public Works / City Engineer (*Currently Public Works Director, City of Downey) City of Brea 1 Civic Center Circle Brea, CA 92821 (714) 686-13911 dconsunii(&downeyca.org City of Brea Project Site Pictures 341Page 25F-186 Inland Empire Utilities Agency Project Description: GK & Associates currently provides IEUA construction management services and has been providing the agency for over six years. Our staff provides a full range of services including contract administration, document tracking, monitoring and inspection of daily activities, coordination with design consultants on major re -design, change order tracking and negotiations, dispute resolutions, schedule monitoring, multi -agency coordination, review of payment requests, and construction meetings. To specifically appoint one project we have included RP-1. RP-1 is located In the City of Ontario near the intersection of Highway 60 and Archibald Avenue is going through several major expansions to bring the facility to a capacity of 114 million gallons per day. The facility serves the cities of Ontario, Rancho Cucamonga, Upland, Montclair, Fontana and an unincorporated area of San Bernardino County. RP I plant expansion project includes construction of a new laboratory building, an expansion of the cogeneration facilities, a standby power system, improvements to the digester heating equipment and electric power distribution system and odor control facilities at the plant head works and primary clarifiers. RP 4 is a water reclamation plant which is designed to work in conjunction with RP-1 to provide reclaimed water to users within the service area of Regional Plants No.1 and 4. At this plant solids are removed during the treatment process which are concentrated and then directed into an aerobic digester where they become stabilized. Once stabilized, they are dewatered, and then trucked to Agency's co -composting site by a contractor. In addition, RP-4 has the option of treating the solids off -site by returning the removed solids directly back into the sewer for eventual treatment at RP-1. Reference: Mr. John Scherck, Senior Construction Manager Inland Empire Utilities Agency 6075 Kimball Avenue Chino, CA 91708 (909)993-1547 Jscherck@ieua.org Inland Empire Utilities Agency Project Site Pictures 351Page 25F-187 City of Downey Project Descriptions: GK & Associates is currently providing a variety of construction management and Inspection services for multiple CIP projects in the City of Downey. Past and current projects vary in size from minor traffic signal upgrades and modifications to City-wide Fiber Optic Installations to full intersection and roadway widening. These projects include street rehabilitations, storm drain systems, major utility "undergrounding" and ADA compliance elements. When a project involves federal funding, GK & Associates' Inspectors are responsible for maintaining field compliance requirements as well as conducting federally mandated contractor/employee interviews for "end of project" and certified payroll audits. Quality assurance activities involve inspection of the work Including Traffic Signal Upgrades, Street Lighting, A.0 pavement, dry utilities, water, sewer, storm drain, curb and gutter, and sidewalks. GK & Associates has worked on multiple projects for the City of Downey, Including the Paramount Blvd. Fiber Optic Installation Project - Phase 1 & 2; the Florence Ave Fiber Optic City -Wide Installation Project, the Beliflowertimperial Hwy Improvement Project; Firestone Blvd. Water Pipeline Improvements; Lakewood Water Pipeline Improvements; Street Improvement and Utility Undergrounding Project and multiple traffic signal modifications and new installation projects. Reference: Mr. Edwin "Ed" Norris Director Public Works City of Downey 11111 Brookshire Ave. Downey, CA 90241 (562)904-7109 enonis@downeyca.org Mr. Deal Gutierrez Principal Civil Engineer City of Downey 11111 Brookshire Avenue Downey, CA 90241 (562)271-3188 dgutierr@downeyca.org City of Downey Project Site Pictures 361Page 25F-188 City of Norwalk Project Description: GK & Associates has previously provided the City of Norwalk with Construction Management and Inspection services for the City of Norwalk Wellhead Facilities and Pipelines. The facilities, which were federally funded, were constructed to significantly reduce the City's reliance on the water purchases from MWD. Our involvement on this project has spanned virtually every aspect of project Implementation during construction, Including overall project coordination, communication, scheduling, estimating, contract document reviews, value engineering, bidding and awarding, contract administration, Feld inspection, quality control, document maintenance, labor compliance, change orders, progress payments, progress reports, material testing, equipment and system testing, start up, trouble shooting, federal funding reporting, and contract closeout. References: Mr. Dan Garcia. City Engineer, City of Norwalk 12700 Norwalk Boulevard Norwalk, CA 90650 (562)929-5727 City of Norwalk Project Site Pictures 371Page 25F-189 City of Colton Project Description — GK & Associates has been providing professional engineering and design services for various CIP projects. A previously completed project was the construction of a 1.2-mite Class I dedicated bicycle and pedestrian trail that is a vital Inter -modal link between the City of Colton and the City of San Bernardino. The Colton Bikeway project was constructed to connect to the new Class 11 bike lane on Mt. Vernon Avenue. Most recently, GK & Associates has been assisting the City with AutoCAD Engineering Technician staff augmentation. Construction work has Included demolition and clean-up, minor grading, at -grade crossing traffic controls and lighting. Other work Included barriers such as landscaping along the Bikeway. This project was constructed according to Chapter 1000 of the Highway Design Manual, Bikeway Planning and Design. The total project cost was estimated to be $1.7 million. References — Victor Ortiz, PE Jess Sotto, PE Public Works & Utilities City of Colton (909)370-5551 City of Colton Project Site Pictures 381Pagc 25F-190 391Page 25F-191 Appendix ATTACHIIMNT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC woRKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or shfun bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of GOJ: A �c�tUS Subscribed and sworn to (or affnmed) before me on this f— day of sm z 2011• by Gi014 G khaki_, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. y I vp� blic Signature ADAM MUSAWIR COkai621BW / ¢ IOS AN6ElES COVlr7 Cavda. F+y. AteAGM 9,.Za21 Notary Public Seal City of Santa Ana RFF Page A3-1 25F-192 I' Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the mating of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into_ Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed S100,000 and drat all such sub recipients shall certify and disclose accordingly. Firm EC & AM Associates, dba GK & Associates Signed and Printed Name: Ghazala Khan Title President Dale Juna 6, 2018 City of Santa Ana RFP Page A3.2 25F-193 25F-194 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3 The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the Hiles, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Exccution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7 The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 25F-195 25F-196 EXHIBIT B Fee Schedule 3333 Brea Canyon Road, Ste.120. Diamond Bar, CA 91765 www.ekandassociates.com GK & ASSOCIATES STANDARD HOURLY RATE SCHEDULE 2019 EFFECTIVE FOR ONE YEAR FROM SIGNED CONTRACT DATE TITLE HOURLY RATES Project Manager $145 Construction Manager $140 Plan Check Engineer $130 Construction Inspector $128 Contract Administrator $75 Administrative Assistant $70 *Based on a minimum of 4 hours. GK & Associates rates are subject to yearly increases based on the Consumer Price Index (CPI). Tele: 909-595-1940, Fax: 909-595-1314, Email: GKhan@GKandassociates.com 25F-197 25F-198 EXHIBIT 6 AGREEMENT TO PROVIDE ENGINEERING, TECHNICAL, AND ADMINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS THIS AGREEMENT is made and entered into this 16th day of July, 2019 by and between Transtech Engineers, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 30, 2019, the City issued Request for Proposal No. 19-045, by which it sought a consultant to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 19-045 and addendum thereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 19-045 and addendum thereto, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a, City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of several consultants selected to provide services on an as - needed basis under RFP No. 19-045. The total compensation for services provided by all consultants selected under RFP No. 19-045 shall not exceed the shared aggregate amount of $2,500,0.00 during the term of the Agreement, including any extension periods. 2 ' 4b9 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 15, 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and 20 �2800 perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2 2201 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. ]INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability. (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, 1&-202 for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 2dr=52f63 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Transtech Engineers, Inc. 13367 Benson Avenue Chino, CA 91710 Attn: Abroad Ansari, P.E., Principal A party may change its address by giving notice in writing to the other party, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Pa e6of8 25 -204 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRINIINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 26K2165 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary" licenses, -permits, approvals, waivers, and exemptions necessary for the,provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City -of Santa Ana and all other ,governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of tbis Agreement. 21. MISCELLANEOUS PROVISIONS a.. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Cityfully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or,power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body.of this Agreement., IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO PORAI SONIA R. CARVALHO City Attorney By. 94 /iv- ;:,54:W't JcVn M.Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT' Title: Page 8 of 8 25F-206 EXHIBIT A Submitted To City of SANTA ANA 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Attn.: Taig Higgins Public Works Agency; M-43 SEALED PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES RFP NO.19.045 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL Submitted By TRANSTECH Engineers, Inc. Contact Person: Ahmad Ansari, PE, Principal E: ahmad.ansari@transtech.org C:949-702-5612 0:909-595-8599 25F-207 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-208 TABLE OF CONTENTS The Proposal is submitted per the Format Specified in Section III. SUBMITTAL REQUIREMENTS I B. PROPOSAL CONTENTS of City's RFP. As required, STATEMENT OF QUALIFICATIONS is limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms), with minimum font size 11-point Arial. Section Page 1. STATEMENT OF QUALIFICATIONS (Per RFP requirement, limited to 10 pages) 1.1 - 1.10 a. Cover Letter 1.1 b. Contract Agreement Statement 1.2 c. Firm and Team Experience 1.2 d. Understanding of Need 1•7 e. Relevant Project Experience 1-8 f. References 1.10 2. SCOPE OF SERVICES AND SCHEDULE 2.1 - 2.6 a. Project Understanding 2.1 b. Service Approach 2.2 c. Staffing Schedule Per Q & A Issued By City On 6-11-19 2.6 3. FEE PROPOSAL (per RFP instructions, submitted in a separate envelope) 4. CERTIFICATIONS 4.1 - 4.4 • Attachment 3-1: Non -Collusion Affidavit 4.1 • Attachment 3.2: Non -Lobbying Certification 4.2 • Attachment 3.3: Non -Discrimination Certification 4.3 APPENDIX -RESUMES Al - A36 c PROPOSAL FOR TRANSTECH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-209 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-210 IwSTATEMENT OF QUALIFICATIONS 25F-211 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-212 1. STATEMENT OF QUALIFICATIONS 1.1 a. COVER LETTER Jj . June 13, 2019 City of SANTA ANA 20 Civic Center Plaza; Ross Annex TRANSTECI�I Santa Ana, CA 92701 Attn.: Taig Higgins 13367 Benson Avenue Public Works Agency; M-43 Chino, CAp7io www.transtech.org 855595,2495 (toll -free) Subject: PROPOSAL FOR ENGINEERING, TECHNICAL AND ISO 9001:2015 Certified ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 Dear Mr. Higgins: Transtech is pleased to submit this proposal to the City for the subject services. Company Profile: Established in 1989, Transtech (a California Corporation) is a multi -disciplinary engineering consulting firm. Our staff and resources include approximately 100 engineers, building officials, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, planners, support personnel. Transtech is currently providing municipal services to approximately 30 agencies, and has extensive experience working In a mixed staff/consultant environment for 30 years. We consider our staff as extension of City staff, and work in the same structure and hierarchy as other City staff, and coordinate and interact with various City staff members. Our service capabilities include; • Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code • Enforcement • Civil Engineering, Freeways and Interchanges, Local Streets and Roads, Sewerage, Water and Storm Drain, Pavement Management System, Grading Studies • Staff Augmentation • CIP Program Management • Construction Management and Inspection • Federally Funded Project Management • Grant Writing • CDBG Project Management • City Engineer, City Traffic Engineer, Development Review, Public Works Engineering, Plan Check, Inspection • Labor Compliance • Planning Support • Traffic and Transportation Planning and Engineering • Water Resources Engineering • Surveying, Mapping, ALTA, Right-of-way Engineering • Emergency and Disaster Response, Support and Recovery Services Contract Principal with extensive experience as former Public Works Director: Our Contract Principal, Ahmed Ansari has over 32 years of experience in public works and city/county engineering. Mr. Ansari served at senior executive management staff at several municipalities In Southern California. Most recently, he managed the Orange County Public Works' 7-year Capital Improvement Program comprised of roads, flood and bikeway improvement projects throughout the County. He has a broad knowledge of local government operations, including preparation and presentation of agenda reports to advisory boards, commissions and city councils. Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact us. Sincerely,, Ahmed Ansari, PE, Principal ahmad.ansario(")transtech.oro ; O: 909-595-8599; C: 949-702-5612; www.transtech.org PROPOSAL FOR TRANSTECh ENGINEERING, TECHNICAL AND ADJg1§TRATTJ J SUPPORT SERVICES, RFP NO. 19.045 THESE CHANGES NOT ACCEPTED BY CITY 1. STATEMENT OF QUALIFICATIONS 1.2 b. CONTRACT AGREEMENT STATEMENT Following are comments we received on the contract from our insurance agency for City's review. If selected by the City, we will appreciate a discussion with the City's contract administrator to discuss the final contract language. imn.m iqi el w Consult uu waives the right to receive compensation end agrees to indeamnfy the City for any workperfomied prior to opproval ofinsmmtceby the City. Consultant agrees to defend, and shall indemnify and hold hawless the City, its officers, agents, employees, contractors special-covusel,-arrd representatives from liability. (1) for personal injury, damages, just compensation, restitution, judicial gr c%turtaa le relief prising out of claims-fot personal itUtuy, including death, and Aaim, fen property damngq�tx'Irich may arise from the negligent operations of the Collsultaat, its subcontractom agres, employees, or other persons acting on its behalf which relates to the services described in section 1 of this AQc- cn-t;. ned (21 fLt»n_nnY sltiokckpt personal The to all reasonable decisions with respect to its representation in nay legal proceeding. Notwidtsu foregoing, to the extent Consultant's services are subject to Civil Code Sectionn,�2782.8, indemnity shall be limited, to the extent required by Civil Code section 2782.6,10'Magiam`a of, pertain to, a relate to the negligence, recklessness, orwillful misconduct of dhe Consultant, INTELLECTUAL PROPERTY M)LNINIFTCATION and Consultant shall defend and indemnify the City, is officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United states' letters patent, trademark or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the Citypmsnaht to this Agrenamt. c. FIRM AND TEAM Company Profile: Established in 1989, Transtech (a California Corporation) is a multi -disciplinary engineering consulting fine. Our staff and resources include approximately 100 engineers, building officials, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, planners, support personnel. Transtech is currently providing municipal services to approximately 30 agencies, and has extensive experience working In a mixed staff/consultant environment for 30 years. We consider our staff as extension of City staff, and work in the same structure and hierarchy as other City staff, and coordinate and interact with various City staff members. Our service capabilities Include: • Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code Enforcement • Civil Engineering, Freeways and Interchanges, Local Streets and Roads, Sewerage, Water and Storm Drain, Pavement Management System, Grading Studies • Staff Augmentation • CIP Program Management • Construction Management and Inspection • Federally Funded Project Management • Grant Writing • CDBG Project Management • City Engineer, City Traffic Engineer, Development Review, Public Works Engineering, Plan Check, Inspection • Labor Compliance • Planning Support • Traffic and Transportation Planning and Engineering • Water Resources Engineering • Surveying, Mapping, ALTA, Right-of-way Engineering • Emergency and Disaster Response, Support and Recovery Services PROPOSAL FOR TRAWSrECiI ENGINEERING, TECHNICAL AND ADf gfR/jTTITEwSUPPORT SERVICES, RFP NO. 19-045 1. STATEMENT OF QUALIFICATIONS 1.3 Following Is a list of our municipal services contracts: City of Temple City ✓ Engineering Services: City Engineering, Traffic Engineering, Design, Construction Management, CIP Project, Management, PW Inspection, Federally Funded Project Management ✓ Building & Safety Services: Building Official, Plan Review, Inspection, As -Needed Permit Technician City of Commerce ✓ Engineering Services: City Engineering, Traffic Engineering, Design, Construction Management, CIP Project, Management, PW Inspection, Federally Funded Project Management ✓ Building & Safety Services: Building Official, Plan Review, Inspection City of Chino ✓ CIP Management Services: CIP Management Services. City of Rosemead ✓ Engineering Services: CIP Management, Staff Augmentation, Engineering Support, Traffic Eng City of Cudahy ✓ Engineering Services: City Engineering, Traffic Engineering, Design, Construction Management, CIP Project, Management, PW Inspection, Federally Funded Project Management ✓ Building & Safety Services: Plan Review Services City of Beaumont ✓ Engineering Services: Engineering Support Staff Augmentation City of San Marino ✓ City Traffic Engineering Services: City Traffic Engineering San Bernardino County Housing Authority ✓ Engineering and Building Services: As -Needed Engineering, Building & Safety Support City of Thousand Oaks ✓ On -call Engineering Services: On -call Engineering City of Placentia ✓ Development/Public Works Plan Check: As - Needed Development/Public Works Plan Check City of Culver City ✓ On -call Engineering Services: On -call Engineering City of Seal Beach ✓ Building & Safety Services: Building Official, Plan Review, As -needed Inspection ✓ Public Works Services: Public Works/CIP Inspection City of Claremont ✓ Building & Safety Services: Building Official, Plan Review, Inspection City of Alhambra ✓ Engineering Services: City Engineering, Traffic Engineering, Design, Construction Management, CIP Project, Management, PW Inspection, Federally Funded Project Management ✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician City of South El Monte ✓ Engineering Services: City Engineering, Traffic Engineering, Design, Construction Management, CIP Project, Management, PW Inspection, Federally Funded Project Management, and PW Plan Check City of Monterey Park ✓ Engineering Services: Engineering Support, Traffic Engineering, CIP Management, PW Plan Check City of Manhattan Beach ✓ On -call Engineering Services: On -call Engineering City of Menifee ✓ On -call Engineering Services: On -call Engineering City of Big Bear Lake ✓ Engineering/Public Works Services: Design, Public Works and Construction Inspection, Construction Management City of San Fernando ✓ On -call Engineering Services: On -call Engineering City of Anaheim ✓ On -call Engineering Services: On -call Engineering Riverside County Economic Development Agency ✓ Engineering and Building Services: As - Needed Engineering, Building Evaluations, & Surveying City of Bell ✓ Building & Safety Services: Building Official, Plan Review, Inspection, As -Needed Permit Technician City of South Pasadena ✓ Building & Safety Services: Building Official, Plan Review, Inspection, Permit Technician City of West Hollywood ✓ Building & Safety Services: As -Needed Inspection, Plan Review, Permit Technician City of Hawaiian Gardens PROPOSALFOR ENGINEERING, TECHNICAL AND Al) V IINP n AI C SUPPORT SERVICES, RFP NO. TmNsmch 19.045 1. STATEMENT OF QUALIFICATIONS 1.4 City of Azusa ✓ Building & Safety Services: Building Plan Review, As -needed Inspection San Manuel Indian Reservation ✓ Building & Safety Services: Building Official, Plan Review, Inspection San Manuel Casino ✓ Building & Safety Services: Building Official, Plan Review, Inspection ✓ Building and Safety Services: Building Official, Plan Review, Inspection, Permit Technician City of Downey ✓ Building & Safety Services: Plan Review, Inspection UTC Corporation/City of Riverside ✓ Building & Safety Services: Plan Review, Inspection, and Support .W11LLa4Lyr11Ni1ua1 w1m extensive experience as former Public Works Director: Our Contract Principal, Ahmed Ansad has over 32 years of experience In public works and city/county engineering. Mr. Ansari served at senior executive management staff at several municipalities In Southern California. Most recently, he managed the Orange County Public Works' 7-year Capital Improvement Program comprised of roads, flood and bikeway improvement projects throughout the County. He has a broad knowledge of local government operations, including preparation and presentation of agenda reports to advisory boards, commissions and city councils. . Protect Key Staff Org Chart: David Ragland, PE, PLS, QSD, QSP, Sr. Engineer Jeffrey Kao, PE, CASp, CBO Sr. Engineer Ahmed Ansad, PE Contract Principal t ti i im Michael Ackerman, PE, QSD, Okan Demirci, PE, QSD, QSP QSP, QISP, Sr. Engineer Project Manager, P.roj: Controls Allen Pangan, PE Cam Ayan, PE Sr. Engineer Sr. Engineer Richard Garland, TE Sr, Traffic Engineer At Pagans Sr. Construction Manager Melissa Demirci, RSP Ali Cayir, PE Craig Melicher, PE Jena Robbins, PTP Project Manager, Grants Coord. Principal, QC/CA Sr. VP, Staff Training Trafflc/Transp. Planner Our staff and resources include approximately.100 engineers, project managers, designers, plan checkers, inspectors, construction managers, traffic and transportation analysts, technicians, admin support personnel. PROPOSALFOR -" TiuNsrECq ENGINEERING, TECHNICAL AND ADMINISg J1TIItVgSUPPORT SERVICES, RFP NO. 19-045 1. STATEMENT OF QUALIFICATIONS 1.5 Protect Key Staff Brief Qualifications (Full Resumes are provided In "Appendix -Resumes"): AHMAD ANSARI, PE, Contract Principal ✓ 30 years of experience. ✓ Former Director of PW/Cfty Engineer in several municipalities, including Moreno Valley and Rialto, where he managed PW Departments and CIP. ✓ Served as Division Manager at the Orange County PW Department in charge of their 7-Year, $700M Road, Flood, Bikeway CIP projects. ✓ As City Engineer/PW Director, he was responsible for the management of CIP for various Cities from initial planning and development thru construction, preparing RFP's, hiring and overseeing consultants. ✓ Also served as Interim City Manager for the City of Rialto. DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer ✓ Over 30 years of experience. ✓ Preforms map checks Including review of tentative parcel maps, lot line adjustment, perfecting deed and final parcel map. ✓ Serves as Principal Project Manager for the design, construction and management of a variety of projects, Including: Master Planned Communities; Major infrastructure projects for public agencies (Freeway Interchanges, Roadways, Water, Storm Drain and Sewer Facilities and Master Plans); Commercial, Retail and Residential Development; Infrastructure Master Plan Studies and Development. MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer ✓ Over 20 years of experience. ✓ Served as Project Design Engineer, Project Manager, and Construction Manager/Resident Engineer on a number of projects. ✓ Served at various Cities under Transtech's City Engineering Contracts, including Temple City, Huntington Park, and Alhambra. ✓ Prior experience includes working for Caltrans as Civil Transportation Engineer; and for City of San Bernardino as Associate Engineer under City Engineer of the Division of Public Works in the Department of Development Services. ALLEN PANGAN, PE, Sr. Engineer ✓ Over 30 years of experience. ✓ Experience includes working for City of Palmdale (22 years) and City of Simi Valley (1 year). ✓ Prior experience includes working at US Navy, Naval Mobile Construction Battalion. ✓ Experience includes working as contract/consultant Civil Engineer, Plan Checker, Design Engineer for various Cities. He managed multi -discipline of wide variety of projects from the initial conception, planning, budgeting, scheduling, preliminary engineering to final engineering and completion of construction. OKAN DEMIRCI, PE, QSD, QSP, Project Manager, Project Controls ✓ 10 years of experience. ✓ Serves as CIP Program Manager and Assistant Public Works Director and Assistant City Engineer at Transtech's Contract Cities. ✓ Completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM) ✓ Completed the Caltrans Resident Engineer Academy and is very familiar with the management and administration of federally funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM) AL PAGANI, Sr. Construction Manager ✓ Over 35 years of experience. PROPOSAL FOR TRANSIECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-217 1. STATEMENT OF QUALIFICATIONS 1.6 ✓ Extensive experience in general engineering/public works and building construction projects. ✓ Has been responsible for private and public works construction projects in Type A and Type B construction more than $1 B. ✓ Serves as job superintendent and construction manager, supervising Inspector and sr. inspection for various Transtech contract cities. ✓ Extensive experience in the management and administration of federally funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). RICHARD GARLAND, TE, Sr. Traffic Engineer ✓ Over 35 years of experience in traffic engineering and transportation planning. ✓ Served as City Traffic Engineer for several cities In Southern California where he has been involved with traffic signal design and operatlons, permit parking programs, citizen requests on traffic and parking issues, analysis of stop sign requests, public hearings, speed surveys, and neighborhood traffic control. In this capacity, he served as staff liaison for the Public Works Commissions and prepared reports and gave presentations at Planning Commissions and City Councils. JANA ROBBINS, PTP, RSA, Sr. Traffic/Transportation Planner ✓ Approximately 25 years of experience in the field of traffic and transportation engineering and planning. ✓ Serves as the Transtech representative for Traffic Engineering Services at various Cities, prepares traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, traffic calming reports, responds to requests from Public and City Officials and attends Traffic Commission, Planning Commission, City Council Meetings as well as Design Review Board meetings. ✓ Prepares traffic impact studies for projects in Southern California, of which Involves the coordination with many local and regional agencies. MELISSA DEMIRCI, RSP, Project Manager, Grants Coordinator ✓ Approximately 8 years of experience in Project Management, Transportation and Traffic Engineering, and Grant Writing. ✓ Well versed in Caltrans and Local Assistance construction filing and document system. ✓ Served as Office Engineer responsible for all Caltrans documentation, as well as Community Outreach for the Rte 71/Mission Grade Separation Project (Federally Funded, $40m), Washington BI Widening and Reconstruction Project (Federally Funded, $38m), and the Bogert Trail Bridge Widening Project ($5M). ✓ Prior experience includes working as in the Energy and Environment Department of the Mayor's preparing infrastructure grants and project management for 3 years at the City of Los Angeles while completing her civil engineering degree at Cal Poly. JEFFREY KAO, PE, CASp, CBO, Sr. Engineer, ICC Certified Plans Examiner and Inspector ✓ 20 years of experience. ✓ MS in Structural Engineering, BS in Civil Engineering. ✓ Licensed Civil Engineer. ✓ ICC certified Building, Mechanical, and Plumbing Plans Examiner. ✓ ICC certified CalGreen Inspector and Plans Examiner. ✓ ICC certified Building Inspector. ✓ Extensive experience in Structural Plan Check. ✓ Experience includes working as structural design engineer. ✓ Chinese Mandarin Speaker. CEM AYAN, PE, Sr. Engineer, ICC Certified Plans Examiner and Inspector ✓ 20 years of experience. ✓ BS in Civil Engineering, MS in Civil Engineering, emphasis in structures ✓ Licensed Civil Engineer C PROPOSAL FOR TRANSWCh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-218 1. STATEMENT OF QUALIFICATIONS 1.7 ✓ [CC certified Plans Examiner, Building Inspector. ✓ Experience at Transtech's contract cities include City of Alhambra, City of South Pasadena and City of West Hollywood. ✓ Experience also includes working as structural design engineer, plans examiner and building inspector. ALI CAYIR, PE, Principal, QC1QA ✓ Over 30 years of experience. ✓ Serves as Contract City Engineer for various Cities under Transtech's Municipal Contracts. ✓ Participated on numerous multi -disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. ✓ Has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. CRAIG MELICHER, PE, Sr. VP, Staff Training ✓ Over 30 years of experience. ✓ Served as Contract City Engineer, Building Official for various Cities under Transtech's Municipal Contracts. ✓ Participated on numerous multi -disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. ✓ Has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and Interaction with public, various city departments, city council and other governmental agencies. d. UNDERSTANDING OF NEED The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Plan Check, Project Management, Inspection, Oversight and delivery of Public Work Services. In the past, the City has utilized professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality and on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. On as needed basis, the selected Consultants will provide the City with professional staff to perform engineering, technical and administrative tasks on the delivery Public Work Services. These tasks may include: Engineering design for street rehabilitation and street widening projects plans and specifications. Underground utility design and review for water, sewer and stone drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure (i.e. development and permit projects) review of and processing of right of way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and Irrigation system design for public work projects. In addition, services may include traffic ping, survey services, contract management, project inspection and oversight, and administrative support services. On an on -call basis, the Consultants might be requested to fill position titles listed below. The Consultant's ability to fill all listed positions is desirable, but not a requirement. • Engineering/Technical: Project Engineer; Senior Civil Engineer (P.E. License Required); Assistant Engineer 11, (Civil, Traffic, Electrical, Mechanical); Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical); Engineering Aide; CADD— Designer; GIS Analyst; Land Surveyor (LS License Required); Project Manager; Field Inspector (Construction); Field Inspector (Buildings); Storm Water Coordinator, Plan Check Engineer (Grading, Street Improvement, Utilities); Map Checker • Administrative: Sr. Accounting Assistant; Accounting Assistant; Administrative Assistant; Contract Administrator, Permit Parking Assistant i PROPOSAL FOR�TanNsiech ENGINEERING, TECHNICAL AND AD INISTRATIVE SUPPORT SERVICES, RFP NO. 19-0" 5F-219 1. STATEMENT OF QUALIFICATIONS 1.g After the City identifies the need for a position to be filled, the selected consultant/s will be asked to expeditiously provide resumes of the candidates for the position. The City reserves the right to interview any of the candidates prior to making the selection. a. RELEVANT PROJECT EXPERIENCE Providing similar contract services and staffing to local cities for 30 years: One of the unique qualifications of Transtech and its staff is that we serve as City Engineers, Traffic Engineer, Building Official, Plan Checker, Inspector, Public Works Permit Inspector, Federal Compliance/Resident Engineer and CIP Engineer/Manager for a number of agencies. We have extensive experience working with Public Agencies and Staff in similar assignments, Including experience In preparing staff reports and presenting at City Councils, Boards, and Commissions. We are accustomed to working with governmental agencies and understand governmental Issues and budgetary complexities, which Include but are not limited to policies and procedures. Staff Members with extensive experience who have served as Public Works Director, City Engineer, CIP Manager, Caltrans Engineer: Our team includes uniquely qualified key staff members, who previously served as Public Works Director, City Engineer, Caltrans Engineer, and expert engineers and technical support staff with extensive experience in all types of capital projects and funding programs, and managed large Capital Programs/Projects. In addition, our Contract Principal, Ahmed Ansari has over 32 years of experience In public works and city/county engineering. Mr. Ansari served at senior executive management staff at several municipalities in Southern California. Most recently, he managed the Orange County Public Works' 7-year CIP Program comprised of roads, flood and bikeway improvement projects throughout the County. FOLLOWING IS A PARTIAL LISTING OF VARIOUS TYPES OF PROJECTS REPRESENTATIVE OF TRANSTECH'S DIVERSIFIED EXPERIENCE: . 2018, 2017, 2018 Annual City-wide Street Rehabilitation Project ($9M), City of Commerce: Prepared Design/PS&E as well as provided construction management and inspection services. 2015, 2016, 2017, 2018 Annual City-wide Street Rehabilitation Project, City of Temple City, ($4.5M): Prepared Design/PS&E as well as provided construction management and inspection services. . 710 Freeway Interim Improvements and Fremont Widening Project (Federally Funded), City of Alhambra ($5M): Prepared Design/PS&E package, as well as provided construction management and inspection services. • Rosemead Boulevard Improvements Project (Federally Funded), City of Temple City ($20M): Provided turnkey services including construction management, resident engineer, inspection, and office engineer. The project included protected bike lanes, widening and reconstruction of 2 miles of roadway (including approx. 6,000 tons rubberized AC overlay). • Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce/Caltrans ($38M): Provided turnkey services included construction management, resident engineer, inspection, office engineer, and funds coordinator. The project Included the widening and reconstruction of 2.7 miles of Roadway (including approx. 3,500 tons rubberized AC overlay). AWARD: This project was recognized as one of the projects of the years as part of the 2017 American Public Works Association (APWA) BEST Award, in the category of Transportation Projects. • Rte 71/Misslon BI Grade Separation Project (Federally Funded), City of Pomona/Caltrans ($40M): Transtech provided owner representation, construction management, resident engineer, inspection, and office engineer services. Caltrans was the oversight/jurisdictional Agency. • Eastern Avenue Street Rehab Project, City of Commerce ($1.5M): Prepared Design/PS&E package, as well as provided construction management and inspection services. The project involved Full Depth Reclaimed Pavement Rehabilitation. AWARD: This project was recognized as one of the projects of the year awards as part of the 2017 Outstanding Local Streets and Roads Project Award Program in the Category of PROPOSAL FOR TRANSTECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-220 1. STATEMENT OF QUALIFICATIONS 1.9 Roads for Efficient & Sustainable Road Maintenance, Construction & Reconstruction Projects. • Cactus Avenue and Nason Street Improvements and 136' Span Bridge Project (SLPP Funded), City of Moreno Valley ($21M): Provided construction management, resident engineer, Inspection, and office engineer services. AWARD: This project was recognized with a project achievement award by the Construction Management Association of America (CMAA) for Construction Management Services under the Public Works Category for $11 M-$50M ranged projects. • Lugo Park, Soccer Field and Park Improvements (Federally Funded), City of Cudahy ($1.6M): Prepared the PS&E as well as provided construction management and inspection services for a regulation soccer field with artificial turf on existing baseball field, DG walking path, landscaping, parking lot expansion, concrete plaza, lighting, drainage, bathroom and concession stand ADA Improvements. • Campus Parkway Roadway Project, City of San Bernardino ($6M): Prepared Design/PS&E as well as provided construction management and Inspection services for the project. Improvements included street, water, sewer, storm drain, landscape, street lighting, traffic signal, and signing and striping. • CSUSB (Cal State SB University) San Bernardino Campus Access Road ($5m): Prepared PS&E and provided construction administration for the project. Improvements included approximately 1-mile street, water, landscape, grading, drainage, street lighting and various other improvements. • SR2S, BTA and Pavement Rehabilitation Project (State Funded), City of Temple City ($2M): Prepared Design/PS&E package, as well as provided CM/Resident Engineer, Inspector, Office Engineer Services. Project involved pavement rehabilitation, curb and gutter, sidewalk, traffic signals, utilities, and other misc. improvements. • Sewer upgrade Project ($2m), City of San Bernardino: Prepared PSE for upgrade of main sewer lines at various locations per the City's Sewer Master Plan. • City of San Bernardino, Northpark Boulevard Sewer Extension: Half mile gravity sewer main extension for University Park Subdivision in the City of San Bernardino; Project required special structural designs and encroachment permitting for crossing 100' aqueduct right-of-way. • City of San Bernardino, University Park Storm Drain: Design of storm drain system with pipes ranging in size from 18 to 60 inches and trapezoidal channel design for 4500 cfs. • University of California, Riverside, West Campus Infrastructure: Prepared West Campus Infrastructure Development Design/Study, which identified utility and surface infrastructure requirements, and how these Improvements could be phased to accommodate proposed campus growth, for an area of 236 acres to support approx. 5 million gross square feet of academic, research, support, and student housing facilities. • University Development Master Plan (San Bernardino): Prepared Master Plan for approximately 200- acre site in association with the City of San Bernardino, Watson Development and Cal -State SB for the development of 200 residential, mixed use, live -work, retail, office and student housing, educational and training facilities and offices for Cal State SB University. • San Elijo Hills Specific Plan (San Bernardino): Provided planning, engineering, surveying services for the design and development of the 2,000-acre 3,500 dwelling unit Specific Plan and Master Tentative Map In the City of San Marcos. • Arrowhead Springs Specific Plan (including annexation into the City) (San Bernardino): Prepared Master Plan for approximately 4,000-acre site at the foothills of San Bernardino Mountains, and includes 1,500 to 2,000 residential units, 1,000,000 square feet of commercial and office space, 199-acre/18-hole public golf course, renovation and reuse of the historic Arrowhead Springs Hotel with a new 115 room annex, new 300-room hotel, a conference center, 14-acre corporate office area. • Traffic and Transportation Engineering: Transtech is currently providing various Traffic and Transportation Engineering contract services to several agencies and serves as contract traffic engineer for a number of municipalities. We provide technical expertise and recommendations, and conduct necessary surveys and prepare reports on traffic related issues, and present them at Commission and/or Council Meetings. We prepare traffic safety and calming studies, stop and signal warrants/studies, traffic impact PROPOSAL FOR TerwsTECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-221 1. STATEMENT OF QUALIFICATIONS 1.10 studies, respond to City requests, citizen complaints and attend Traffic Commission meetings. We review traffic Impact studies submitted by developers, provide traffic study guidelines to other consultants preparing TIA's and represent the City at planning commission and council meetings when these projects are reviewed and presented. We also assess safety for pedestrians, buses and bicycles by reviewing master plans completed for transit and bicycles as well as safe walk to school routes. Grants, And Federally and State Funded Projects Management/Administration: Transtech has extensive experience in grant writing and federally and state funded project and funding administration. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. In the past year few years alone, total funds obtained by our fine thru grant applications was approximately $80M. Additionally, after funds are awarded to a client, our experienced staff provides assistance to ensure compliance with applicable funding program requirements, including preparing necessary approvals (environmental, utilities, ROW), processing E-76 authorizations, and managing project. f. REFERENCES REFERENCES FROM FEW LOCAL AGENCIES WE CURRENTLY PROVIDE SIMILAR SERVICES: Client Name: City of Commerce (Year started and completed: 2003 — Ongoing Service) • Services Provided: Building Official, Building and Safety Plan Check, Public Works Plan Checks, Traffic Engineering, CIP Design, Construction Management, Inspection, Federally Funded Project Management • Contact: Maryam Babaki, PE, PW and Dev Sery Director; T: 323-722-4805; E: mbabakl(&ci.commerce.ca.us Client Name: City of Alhambra (Year started and completed: 1993 —Ongoing Service) • Services Provided: Building Official, Building and Safety Plan Check, Inspection and Permit Technician, City Engineering, Public Works Plan Checks, Traffic Engineering, CIP Design, Construction Management, Inspection, Federally Funded Project Management • Contact: Marc Castagnola, Development Serv. Director, 626-570-5041; E: mcastacnolano cityofalhambra orc Client Name: City of Temple City (Year started and completed: 2012 — Ongoing Service) • Services Provided: Building Official, Building and Safety Plan Check, City Engineering, Public Works Plan Checks, Traffic Engineering, CIP Design, Construction Management, Inspection, Federally Funded Project Management • Contact: Michael Forbes, Community Development Director; T: 626.285-2171; E: mforbes(cDtemplecity us Client Name: City of South El Monte (Year started and completed: 2018 — Ongoing Service) • Services Provided: Contract Engineering, City Engineer, Traffic Engineer, Plan Check, Inspection, CIP Management • Contact: Rene Salas, Public Works Director; T: 626-579-6540, Ext. 3040; E: rsalasta7.soelmonte.oro Client Name: City of Monterey Park (Year started and completed: 2011 — Ongoing Service) • Services Provided: CIP Management, Inspection, PW/Building Plan Cheek • Contact: Ron Bow, City Manager; T: 626-307-1320; E: RBowaaMonterevPark.ca.aov Client Name: City of San Marino (Year started and completed: 2018 — Ongoing Service) • Services Provided: Traffic Engineering • Contact: Michael Throne, PW Director, 626-300-0787; E: MThroner7a C.Ityof$anMarinO orc Client Name: Riverside County Economic Development Agency (Year started and completed: 2012 — Ongoing Service) • Services Provided: Contract Engineering, Building Evaluations, Surveying • Contact: Vincent Yzaguirre, Deputy Director of Real Estate; T: 951-955-9011; E: VYzaauirre(arivcoeda.orc I„ PROPOSAL FOR TruANS nstEcN ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-222 ZSCOPE OF SERVICES AND SCHEDULE 25F-223 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-224 2. SCOPE OF SERVICES AND SCHEDULE a. PROJECT UNDERSTANDING 2.1 The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Plan Check, Project Management, Inspection, Oversight and deliveryof Public Work Services. The City encompasses 27.5 square miles and a population ofover 325,000 people. In the past, the City has utilized professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality and on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. On as needed basis, the Consultants will provide the City with professional staff to perform engineering, technical and administrative tasks on the delivery Public Work Services. These tasks may include: Engineering design for street rehabilitation and street widening projects plans and specifications. Underground utility design and review for water, sewer and storm drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure (i.e. development and permit projects) review of and processing of right of way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and irrigation system design for public work projects. In addition, services may Include traffic ping, survey services, contract management, project inspection and oversight, and administrative support services. On an on -call basis, the Consultants might be requested to fill position titles listed below. The Consultant's ability to fill all listed positions is desirable, but not a requirement. Engineer! ng/Technical • Project Engineer • Senior Civil Engineer (P.E. License Required) • Assistant Engineer II, (Civil, Traffic, Electrical, Mechanical) • Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical) • Engineering Aide • CADD — Designer • GIS Analyst • Land Surveyor (LS License Required) • Project Manager • Field Inspector (Construction) • Field Inspector (Buildings) • Storm Water Coordinator • Plan Check Engineer (Grading, Street Improvement, Utilities) • Map Checker Administrative • Senior Accounting Assistant • Accounting Assistant • Administrative Assistant • Contract Administrator • Permit Parking Assistant After the City identifies the need for a position to be filled, the selected consultants will be asked to expeditiously provide resumes of the candidates for the position. The City reserves the right to interview any of the candidates prior to making the selection. Registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal iL PROPOSAL FOR Tuna ech ENGINEERING, TECHNICAL AND AMTRAIlg SUPPORT SERVICES, RFP NO.19-045 2. SCOPE OF SERVICES AND SCHEDULE 2.2 documents. The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and City issued building access cards (temporary identification), if the City determines that the chosen candidate will work at a City work site. Many of the parking areas at City work sites require payment. The City does not reimburse for consultant parking. b. SERVICE APPROACH General Approach: At Transtech, we have long established a structured approach to execute projects in an efficient manner that makes Transtech capable of providing the client with high quality product. Transtech has established guidelines and policies, Including written manuals on quality control, project management, and design procedures for its staff. These guidelines ensure a consistent approach to the execution of assignments undertaken by our organization. The following paragraphs describe our general approach to deliver projects in an efficient and cost-effective manner: • Proiect Management: Our approach is to provide proactive management and attempt to identify potential issues and problems in advance and take corrective actions before they become problems. This requires extensive hands-on knowledge, experience and management skills of the people involved in managing and Inspecting the project. Our team members have extensive experience and proven track record in managing large and complex projects and bringing them to a completion on time and within budget. • Approach to Cost Control and Change Orders: We evaluate project costs and develop feasible mitigation measures to minimize additional costs. We work as a team to solve problems or make modifications in the field to address unforeseen conditions or owner generated changes in a cost-effective manner. • _Approach to Scheduling and Timely Completion of Proiect and Schedule Recovery: The baseline schedule should properly identify the project scope, critical path, project milestones, target dates, phases and sequences of work, and activity durations. When significant activities show that they are slipping from the baseline, we work with the contractor to develop recovery plans. • Management of Documents: We use an electronic file management system. All construction forms, daily Fairies, weekly statement of working days, etc. are stored in our electronic file system, and are per Caltrans documentation system. We provide these documents at the end of the project to the client in organized files as well as pdf files. • Safety and Security: We hold meetings with the contractor to review and discuss safety and security requirements, OSHA conformance, emergency security and safety procedures, and enforce security and safety responsibilities. • Funding Closeout: We prepare necessary closeout documentation required by the funding agencies, submit finaI reimbursement documentation, follow-up on the reimbursements, and final funds balance report. • Proiect Closeout: We recognize that closeout is an important part of the construction process. It signifies that the new facility structure is ready to use. We methodically handle all closeout tasks to ensure a smooth transition from construction to occupancy. • Methodology for Communication to Inform City on Work Proaress: Key project team members will attend periodic project progress meetings with City staff throughout the project duration. • Electronic common proiect information and file sharing platform: We create and provide access to project participates a common project information and file sharing platform. Contract Administration: For contract administration, we follow guidelines described in Caltrans Local Assistance Procedures Manual (LAPM). Maintaining complete and accurate files is a very important aspect of managing federally funded projects. Generally, whenever the local agency is unable to produce requested data or information, it is PROPOSALFOR ENGINEERING, TECHNICAL AND ADIIIIgPR�%SUPPORT SERVICES, RFP NO. TRANSTEch 19-045 2. SCOPE OF SERVICES AND SCHEDULE 2.3 assumed by reviewing personnel that the required actions were either never performed or not properly recorded. Organized project files can minimize these negative assumptions. Organization and content of the project file Is one Indicator of effective and efficient management of the project by the resident engineer. Proactive Approach: As project managers, our role is to manage the project in compliance with the Client's requirements and Funding Program requirements. There are conditions and elements that effect any project, budget and schedule. Our approach is to provide proactive management and attempt to Identify potential Issues and problems In advance and take corrective actions before they become problems. Our approach to Cost Control and Change Orders Includes evaluating project change order cost requests and developing feasible mitigation measures to minimize additional costs. We work as a team to solve problems or make modifications In the field to address unforeseen conditions or owner generated changes in a cost-effective manner. Project Management Tools: One of the project management and delivery tools we use is SmartEM Sheets. It provides an `. ImmL .. ::..: n. .•. I online access to involved CO1,[4a?IO.....: .'Y .-)lira ...... parties, where tasks, progress, schedule and YMYnwv— Y .AV rcv f q I otheritems can betracked task and monitored; Yw46w m deadline reminders and YwY6YwY. Y Rl,v -A9 W 0. .. task status requests are -� " '� �• " -" " I . i to M+NrCbY.nrsY n YYa Yau ,. automatically sent responsible party to update the project real time. This helps to identify ' .. project potential issues Y:.rv.nmrv,a/YY're Yw" YYu a m. before they become issues and ensure project �- delivery on time and within m`"" �� ' ;� ; I IL a budget. Screenshot of a 9 14Y5. '9 NM1 I• .d/"IYYb PW.^Y,] a.A 'Stl i project on Smart Sheet are provided on the �•-w�� `° """'a a" i following page as an example. ma, Schedule Approach: We generally use MS Project or Primavera P6 po .Y rzYma for Project Schedules. MS Project may be more practical to use for Program Management for this contract. Primavera is more applicable to large construction projects. Samples of both, MS Schedule and Primavera schedules from our recent projects are provided as examples. In developing schedules all resources are used including but not limited to everything from checklists, spread sheets, bar charts, graphic schedules, linear scheduling techniques and of course the Critical Path Method. Both Microsoft Project and P6 are commonly used as the primary software in the development of CPM schedules. The schedule is a living and constantly evolving entity. On larger and complex projects, "fully loaded" schedules on Primavera can be used. However, smaller contractors may not have the sophistication, capability and resources of using Primavera. Also, if Primavera is used, the PROPOSALFOR ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 25F-227 IRANSrECH 19-045 2. SCOPE OF SERVICES AND SCHEDULE 2.4 City would be required to have necessary license as well to be able to open and evaluate Primavera files. It is likely that the majority of the contractors will provide schedules in MS Schedule Format. SCHEDULE LEVEL SNAPSHOT OF OVERALL PROJECT SCHEDULE FORMAT IPRIMAVERAI SCHEDULE LEVEL Y. •nzN.o-A,N'o./„`.x 3-WEEK LOOK AHEAD SCHEDULE FORMAT ee ,carom l.xwoN.. mA...n w....; enm,o .�...�s�•.4 rm�x.,N•• °mm�n�� m Y,:..wrA aee e��w° xwxr u•A•..r..<. e�vwn nm.0 A �a. .�wvw. .�w.•-....•w nraN» nn.rron wwn I , N...w+•.x.°ewrw d wn�l° .v,mn r� r ..Iv.•.. tlY..tl ��, �..w..,<�..�rer•.w n.wr'.wr 4•..».•....t4.mr.rtY-r.. VI°4ro fufrPo N I•mrry»nt 4ntysrr• N.•-n•.rn M1».e rc 4tlr w mn 9 rry yW bs.-reaurtn.y �"��-`1y iprpn ' epu.. ' taro t-m'»mrim�•w f raTW � wrpa m � '�� f.N F tlW lw iJe In +um.•fpvy5y.rw •x�4� enrpr�p• prpr m anY. wmliynrt+•• .M-.,r ,1. r.ry — .___ _ _ gyxVNb f /Afar [MxN Ynxr° 11!%YIATI l..mnf•rriVrla er.xnFrAnrn ewAYn-r»r tau.• .. v.--•��•••••�•�mm.RYYYllA »eurar IW 1 1 x a a nl1 �NM1 4u�, r+ •o lauu.-N �W!• bal Y.v r ___ _ _ _ ..shm'I — ..-•_•.._.-•-•••••. _ � i - � Ir•rn -• •.• � IfFtl .. -. . llvy G-•rM• I�rerlcrtnwrWlNr r.w9mY$Ni.. .. .... .. ......._. ' � . II H uNxrr as rw�m I i �•n����`a�a�al`>�'• a SCHEDULE LEVEL HOUR BY HOURSCHEDULE FOR NIGHT-TIMEAND WEEKENDWORK WASHLNGTON BL AT 710 FWY SB ON AND OFF "Ps I w° M ^• ;� Gu•nw.w.w mrwnrtrwYw r .veM 0 )�.' w / a ♦es4 )M r} E/�riMn �L (nw gwypn r.• � •arr r r=u—n v'(L�\ x 1(�${'If)' � •i� i7. `mot L 1 nL nrwnn • v I ; � u 1� 4 '9SL _ Y .�. M + riw a •yvlgNq RmxryYM • • l'Yypa r�.yngp hprP/ fN+Iqu pHer4 N•r•Copsd4 Sample of a of previous project where Transtech Implemented multi -level schedule approach: • Recently, Transtech served as CMCI for the Washington BI Reconstruction Project, which was a federally and state funded $38M project. The project involved the reconstruction and widening of a 2.7 mile segment of Washington BI from 4 lanes to 6 lanes from west of the 710 Frwy to the 5 Freeway in the east the City of Commerce. • Schedule Management was critical to the overall success of the Project. in a Project the size and complexity of the Washington Boulevard Reconstruction Project, various entities, e.g. Caltrans, Edison, ATT, other communications organizations, Water Companies, Oil and Natural gas pipeline companies, had design, schedule and construction responsibilities for predecessor items, not actually part of the project construction, but yet had tremendous impact on the actual Project Construction Schedules. These included substantial infrastructure design and relocation as well as construction coordination with other infrastructure and roadway construction Projects. The construction management team had close contact and coordination with other organizations design and construction teams for relocation of infrastructure from the concept and pre - design phases of the Washington Boulevard Project that was paramount through actual construction and closeout. Design and construction coordination with the various entities was a large part of the overall construction phasing and how the Project would begin and progress through each section of Washington Bl. The complexity and challenges in performing this project while maintaining transportation and public access were immense, while still keeping the project within budget and on a tight schedule. The population of PROPOSAL FOR TRANSTECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO, 19-045 25F-228 2. SCOPE OF SERVICES AND SCHEDULE 2.5 Commerce increases five -fold on an average workday with Washington Boulevard handling the majority of incoming and exiting commuters. This resulted In having construction on some days on a 24-hour basis to maintain access for commuters while remaining sensitive to residents impacted by construction activities during off hours. For this project a collaborative approach was used in scheduling, working with the various entities "Last Planners", scheduling and while not in itself a Design Build Project, the Project incorporated many Lean Project construction philosophies of responsibility based project delivery and milestone objectives that allowed the Project to meet Its deadlines while providing a schedule with flexibility In staging and time for construction coordination with the other various stakeholders and entities. In this regard, an integrated delivery system was achieved that provided all entities last planners and stakeholders to view the work as it progressed because each step in the evolution of the project Is Impacted and affected by the previous steps. Transtech has a proven track record for completing projects on time. As part of our role as Project Managers Is to develop, review, update and manage the project schedules and confirm that tasks are scheduled within reasonable and appropriate timeframes. We constantly review, monitor and update the schedule to confirm It is in compliance with the original schedule and that related coordination with external/3'' parties/regulatory agencies/utility companies, etc. are on track. If the look ahead schedule is not in compliance with the original schedule, we take appropriate actions to avoid potential delays. Methodology for communication to Inform City on work progress: Key project team members will attend regularly scheduled project status meetings with agency staff throughout the projects duration. All project -related directions, and commitments made by city staff will be Incorporated into the project's record of communication and the status of each issue. Management of Documents: We use an electronic file management system. All documents are stored in our electronic file system, and are per Caltrans documentation system. We provide these documents at the end of the project to the client in organized files as well as pdf files. Electronic common project Information and file sharing platform: We create and provide access to project participates a common project information and file sharing platform. Community Information Approach: We provide an effective and pro -active community information pp+_+"+++• 6luiiefeo approach and inform the community of work activities and Impacts in advance by delivering notices to them (door w , hangers), as well coordinate with City's IT Department for posting such notices on City's web -site. We provide our on -site inspector(s) cell numbers on notices so that adjacent residents/businesses can directly contact us, and we will respond and mitigate concerns as feasible. We maintain a communication log for coordination and communication with public. When requested, we also set up a project information o e web site, toll free project call number, project e-mail, hold community information meetings, provide public information via a -mails on web sites. Management, Coordination, Communication: • Transtech Staff will establish and maintain a close working relationship with City staff throughout the project. • Our approach is to provide proactive management and attempt to identify potential issues and problems in advance and take corrective actions before they become problems. Our team members have extensive PROPOSAL FOR TmNsTE'Ch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-229 2. SCOPE OF SERVICES AND SCHEDULE 2.6 experience and proven track record In managing large and complex projects and bringing them to a completion on time and within budget. Key project team members will attend periodic project progress meetings with City staff throughout the project duration. We use an electronic file management system. We create and provide access to project participates a common project information and file sharing platform. We provide these documents at the end of the project to the client in organized files as well as pdf files. Staff Commitment: • Transtech will maintain the same Project Manager for the duration of the Agreement. In the event the authorized Project Manager terminates employment, Transtech will make a demonstrated and concentrated effort to maintain the Project Manager in the key managerial position, unless extreme conditions prohibit continuance. Any substltution of the Project Manager will require written City approval. • Our staff and resources Include approximately 100 engineers, project managers, designers, plan checkers, Inspectors, construction managers, traffic and transportation analysts, technicians, admin support personnel and contract/subcontract staff. We have in -souse staff and diversified experience to complete the projects In efficient manner. However, if a project requires a specialty service, such as Solis Report, we will first consult with the City and obtain a proposal from current on -call consultants in City's list. Or, we can also obtain proposals from specialty subconsultants that we have worked previously. Quality, Cost Effective, Efficient, Responsive Service: • Our services are founded on the principals of Total Quality Management for Total Customer Care and Satisfaction. • All telephone calls or a -mails received are returned within same working day, or the following day. We take pride in our "Same Day Response" motto. • Transtech also provides a 24-hour emergency contact number to its clients. • Customer Care means highest quality customer service. Transtech is committed to providing "Customer Care" to the City, City's patrons, responding quickly and effectively to the walk-in, telephone, and electronic inquiries of the public related to our services. Responsiveness is an integral part of Transtech's "Customer Care" service approach. • Our Contract Principal will meet with the Client's Project Manager frequently for service evaluation and address any areas for improvements. • Responsiveness is an integral part of Transtech's "customer friendly" service approach. While our service is always on an "as needed" basis, our responsiveness is on "full-time" basis. • Transtech understands the importance of being able to expedite tasks, when requested, by the City, Transtech has sufficient staff and resources to expedite projects. c. STAFFING SCHEDULE PER Q & A ISSUED BY CITY ON 6.11-19 Proposal shall include an estimated timeline to supply resumes for one or more qualified candidates after receiving notice from the City of a position title which would need to be filled. Response: Approximately 2 Weeks The timeline shall also include an estimate of how quickly the consultant candidate(s) would be available for interview by City staff. Response: Approximately 2 Weeks PROPOSAL FOR Tennsrech ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-0" 25F-230 3. FEE PROPOSAL (per RFP instructions, submitted in a separate envelope) 25F-231 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-232 4.CERTIFICATIANS 25F-233 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-234 4. CERTIFICATIONS Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Cade Section 7106) To the CITY OF SANTA ANA DEPA RTMENT OF PUBLIC WORKS In accordance with Tide 23 United States Code Section 112 find Public Contract Cade 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or shorn; that the BIDDER has not directly or indirectly induced or solicited any otter BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or tiny breakdown thereof, or the contents thereof, or divulged information ordain relative thereto, orpaid, mid will not pay, any fee to any emponnion, partnership, company association, arganimdon, bid depository, or to any member or ngent thereof to efleeumte a collusive or shambid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non ­collusion Affidavit BIDDERS are cautioned that making a Use certification may subject the certifier to criminal prosecution. Signed Stale of California CountyofSan Bernardino Subscribed and swom to (or alrhrmed) before me on this 12th day of June 2019. by Ahmed Ansed , proved to me on the basis of satisfactory evidence to be the person(s) who appeared bolme me. =Californla A CO703 zz as Notatornla oSanuntyM Com. 1, 2023 Notary Public Signature Notary Public Seal 4.1 f' PROPOSAL FOR TRANSWCH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19.045 25F-235 4. CERTIFICATIONS 4.2 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her Imowledge and belief, (lint: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the taking of any federal grant, the malting of any federal loan, the catering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modificatimt of mry federal contract, grant, loan, or cooperative agreement. 2. If any finds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, n Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant Iron, loan or cooperative agreement, the undersigned shall complete and submit a `Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was node or entered into. Submission of this certification is a prerequisite fornnalcing or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who Rails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Signed and printed Name: Title Principal Date 6-12-19 PROPOSAL FOR TimivsrEch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-236 4. CERTIFICATIONS 4.3 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall bake affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action 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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employmeut, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, fit all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall fundsh all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-conmpliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, tenninated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted PROPOSAL FOR TRAIPsrEch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 25F-237 4. CERTIFICATIONS 4.4 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that hi the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stnts. 1939, and as amended, No discrimination shall be made it the employment of persons upon public works because of race, religions creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Ahmad Ansari, PE Title: Principal Firm: TRANSTECH Engineers, Inc. Date: 6-12-19 PROPOSAL FOR TaansrECH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 25F-238 APPENDIX -RESUMES 25F-239 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-240 APPENDIX -RESUMES AHMAD ANSARI, PE, Sr. Engineer, Contract Principal EDUCATION • BS Civil Engineering & Architecture, USC • Resident Engineer Academy, Caltrans • Real Estate REGISTRATION • Registered Civil Engineer • Licensed Real Estate Broker HIGHLIGHTS • 33 years of past experience in City and County Public Works • County of Orange Public Works - Administrative Manager II • City of Moreno Valley - Public Works Director/City Engineer • City of Rialto- Public Works Director/City Engineer • City of Perris- Public Works Director • City of Pomona- Deputy Public Works Director/Assistant City Engineer Mr. Ansari, a Principal at Transtech, provides any contractual or technical support and QC/QA if and when needed. Mr. Ansari has over 30 years of past experience in City and County Public Works and has worked for various Public Agencies as Public Works Director, City Engineer, Project Engineer, Plan Checker, Designer, Including for the Cities of Moreno Valley, Rialto, Perris, Pomona and Burbank, as well as for the County of Orange Public Works Department as CIP Manager. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. He has managed full-time staffing levels of up to 123, and served as the responsible in charge of numerous multi -disciplinary teams dealing with the business of public works including: • Capital Improvement Program project management and delivery • Real Property/Right of Way acquisition and management • Traffic and Transportation engineering • Private Development/Entitlement process review and approval • Maintenance and Operations including roads, stone drains, sewers, parks, facilities, traffic signals, signs/striping, fleet • Special Districts, Landscape/Lighting Assessment • Electric Utility • Participation in Economic Development/Job Creation incentives through effective infrastructure improvements Mr. Ansari served at senior executive management staff at several municipalities in Southern California. Most recently, he managed the Orange County Public Works' 7-year Capital Improvement Program comprised of roads, flood and bikeway improvement projects throughout the County. He has a broad knowledge of local government operations, including preparation and presentation of agenda reports to advisory boards, commissions and city councils. He is well versed in public outreach and interaction with citizenry groups, committees and stakeholders. Mr. Ansari has excellent working relationship and rapport with regional and sub -regional govemmentallregulatory agencies. He has represented cities/county at League of California Cities, CSAC/CEAC organizations, and APWA. Public Works and City/County Engineering past positions held • County of Orange- Administrative Manager II • City of Moreno Valley- Public Works Director/City Engineer • City of Rialto- Public Works Director/City Engineer • City of Perris- Public Works Director • City of Pomona- Deputy Public Works Director/Assistant City Engineer • City of Burbank- Senior Civil Engineer Multi-Million-Dollar/Complex Infrastructure Projects Managed County of Orange- Public Works, Roads - 1 PROPOSAL FOR TRAIMECh ENGINEERING, TECHNICAL AND ADMI I TRATIVE SUPPORT SERVICES, RFP NO.19-M 15 241 APPENDIX -RESUMES 2 • City of Burbank- Senior • Crawford Canyon Rd (Construction Phase) Civil Engineer • Edinger Bridge Replacement (Construction Phase) • Hazard Ave Bikeway (Planning/Public Outreach Phase) • Oso Pkwy/Antonio Intersection (Planning/Design Phase) • Oso Pkwy/SR-241 Toll Rd Bridge (CM Aug mentation/Bidding) • Brea Cyn Rd Widening (Planning/Funding) • Live Oak/Trabuco Rd Safety Improvements (Design/Bidding) • Santiago Cyn Rd Safety Improvements (Planning/Public Outreach) County of Orange- Public Works, Flood- • Lane Channel Improvements (Design/Bidding) • Fullerton Creek Ph. 1 (Construction) • San Juan Creek Ph. 4,5,6 (Construction) City of Moreno Valley- Public Works • Nason/SR-60 freeway Interchange • Moreno Beach/SR-60 freeway Interchange • Theodore/60 freeway Interchange • Heacock Channel • Morrison Park Fire Station • City's Corporate Yard Administration Building • Reche Vista Realignment • Nason Extension/Cactus Widening • Traffic Management Center City of Rialto- Public Works • Riverside/1-10 freeway Interchange • Pepper Ave Extension and Pepper/1-210 freeway Interchange • Rialto City Park • Veterans memorial Park • Jerry Eaves Park • Riverside Ave Fire Station • Renewable Energy/Power Generation at Wastewater Treatment Plant • Foothill Blvd Improvements City of Perris- Public Works • Perris Blvd Resurfacing • Ramona Expwy Raised Medians, Landscaping and Resurfacing • City Council Chamber Renovation City of Pomona- Public Works • Mission Blvd Resurfacing and Parkway Landscaping • Mission/SR-71 Grade Separation • Variety of Water Band Utility Improvements City of Burbank- Public Works • Five -Points (Burbank/Victory Blvd's) Intersection Realignment • Former Lockheed Building 85 Acquisition, Hazardous Waste Abatement and Demolition • Glenoaks Blvd Resurfacing PROPOSAL FOR Trey srwh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-242 APPENDIX -RESUMES 3 DAVID RAGLAND, PE, PLS, QSD, QSP, Sr. Engineer EDUCATION • Humboldt State University, CA, Bachelor of Science REGISTRATION • Registered Civil Engineer • Licensed Land Surveyor HIGHLIGHTS • Civil engineer and land surveyor with approximately 30 years of diverse experience in a wide variety of projects. • Managed numerous multi -disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects. In the past 10 years, at Transtech, has been working as Engineering Manager and providing engineering services to Mr. Ragland is a civil engineer and land surveyor has over 30 years of diverse experience Ina wide variety of projects In civil engineering. He has managed numerous multi -disciplinary teams dealing with the planning, engineering, entitlement, environmental permitting, development and construction of urban and rural development, and public works projects. His experience also Includes special emphasis on complex grading and hillside developments (has worked on the civil engineering and development of more than 40,000 acres of hillside properties), preparation of due diligence and project feasibility analysis, through conceptual planning and design to entitlement and construction. Following is a partial listing of projects representative of Mr. Ragland's diversified experience: General Civil Engineering Prolects: • A number of projects In Los Angeles County, San Bernardino County and San Diego County, Including roadway, drainage, water, sewer improvements. • Parkway Business Centre: Design and construction of the 460 Acre Industrial park including South Poway Parkway for AD] Properties, Inc. Also served as Assessment Engineer for Communities Facilities District. • Campus Parkway Roadway: Design of a new roadway for a length of approximately 2 miles, and included street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities. • CalState University Main Access Road: Design of a new roadway for a length of approximately 1.5 miles, and include street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities. • Cannon Roadway and Sewer: Design of approximately 2 miles of roadway and 36-inch sewer pipe and pump station. This project required careful consideration to pipe buckling due to the extreme soil conditions of the Ague Hedionda Lagoon. Special bedding techniques were used along with special coupling of the pipes to allow for potential deflection as the bridge abutment and road fill settled. • Lopez Canyon Roadway and Sewer: Design and construction of over 5 miles of roadway sewer ranging up to 36 inches in diameter. • Sorrento Valley Boulevard: Design and construction of 4 miles of roadway. Drainage and Sewer Prolects: • Northpark Boulevard Sewer Extension: Half mile gravity sewer main extension for University Park Subdivision in the City of San Bernardino. Project required special structural designs and encroachment permitting for crossing 100' aqueduct right-of-way. • University Park Storm Drain Design: Design of storm drain system with pipes ranging in size from 18 to 60 inches and trapezoidal channel design for 4500 cfs. • Eagle Bice, Muscuplabe Land Area Infrastructure Master Plan (Devore area in San Bernardino) Drainage, Sewer and Water Master Plan: Approximately 500-acre area for future 1,100 unit master planned PROPOSALFOR ENGINEERING, TECHNICAL AND ADIVIIINPT.I (TTIJ SUPPORT SERVICES, RFP NO. is fi?A rEch 19-045 APPENDIX -RESUMES q various Cities, community. The project also included a full infrastructure (roadways, • Served as Principal storm drain, water, sewer, parks, and utilities) needs and assessment and Project Manager for the cost analysis for this future development. design, construction San Elijo Ranch Drainage, Sewer and Water Master Plan, San Marcos: and management of a 2,000 acre / 3500 unit master planned community. The project included variety of projects, literally miles of storm drain, sewer and water lines, sedimentation areas, including: pump stations, booster stations, water reservoirs and force mains. o Major Infrastructure Cannon Road Trunk Sewer and Pump Station - Design of 8-12-inch projects for public gravity sewer, 6 and 8 inch force main, pump station and wet well. City of agencies (Freeway Carlsbad Interchanges, • Penasquitos Canyon Trunk Sewer: PS&E for two miles 36-Inch gravity Roadways, Water, sewer Including design study reports. City of San Diego Storrs Drain and • Ranch Santa Fe Road: Relocation and rehabilitation of 1.5 miles of sewer Sewer Facilities and main. City of San Marcos Master Plans). • Arrowhead Springs Drainage, Sewer and Water Master Plan: 4,000-acre o Commercial and site at the foothills of San Bernardino Mountains, and includes 1,500 to Retail Development. 2,000 residential units, 1,000,000 square feet of commercial and office o Master Planned space, 199-acre/18-hole public golf course, renovation and reuse of the Communities. historic Arrowhead Springs Hotel with a new 115 room annex, new 300- o Residential room hotel, a conference center, 14-acre corporate office area. Development. Otay River hydrology study and dam breach analysis: 22,000-acre Otay o Educational/University Ranch project in Chula Vista. Flows up to 33,000 cfs were studied for the Infrastructure Master Otay River. Plan Studies and Water Prolects: Development. . City of San Diego, Green Valley Water line design and construction. 5000 • Extensive experience in feet, 30" Reinforced concrete water line and pressure reducing station and working with Caltrans details for connection to a 60-inch San Diego County Water Authority and County of Los Pipeline. Angeles. • Extensive experience In . City of San Diego, Structural. arch and encasement designs for road NPDES requirements. crossings over various SDCWA pipelines up to 108 inches in diameter. • Extensive experience in . City of San Diego, Design and construction of Mercy Road pressure the management and administration of booster. • City of San Bernardino, Design of 3500 feet of 20 to 36-inch ductile iron federally and state water transmission main for the development of University Park. funded projects In . City of San Bernardino, Design of over 10,000 feet of 8 thru 12-inch DIP compliance with water main for water distribution. Caltrans Local • City of San Bernardino, Structural arch design for road crossing over the Assistance Procedures Dept of Water Resources 109-inch Santa Ana pipeline. Manual (LAPM). • City of San Marcos Structural arch and encasement designs for road • Estimated valuation of crossings over various SDCWA pipelines up to 108 Inches in diameter. projects that Mr. • Design of 30-inch CMLC steel water transmission main and pressure Ragland has been reducing stations. Included structural designs for hanging the waterline on involved is a bridge. approximately • City of Carlsbad, Design of many thousands of feet of PVC and DIP water $1,000,000,000. lines for multiple subdivisions in the City with Carlsbad Municipal Water District and the Olivenhain Water District. Master Plans: • San Elijo Hills Specific Plan. Provided planning, engineering, surveying services for the design and development of the 2,000-acre 3,500 dwelling unit Specific Plan and Master Tentative Map. PROPOSAL FOR TRANRECH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 25F-244 APPENDIX -RESUMES 5 • Shandin Hills Specific Plan. Provided planning engineering services for the preparation of the Specific Plan and Tentative Map. The project is a proposed 240-acre 1049 dwelling unit community. • Arrowhead Springs Specific Plan (including annexation into the City): 4,000-acre site, which includes 1,500 to 2,000 residential units,1,000,000 square feet of commercial and office space, 199-acre/18-hole public golf course, renovation and reuse of the historic Arrowhead Springs Hotel with a new 115 room annex, new 300-room hotel, a conference center, 14- acre corporate office area. • Eagle Bice, Muscupiabe Land Area Infrastructure Master Plan Drainage, Sewer and Water Master Plan: Approximately 500-acre area for future 1,100 unit master planned community. The project also included a full infrastructure (roadways, storm drain, water, sewer, parks, and utilities) needs and assessment. • University Development Master Plan: Approximately 200-acre site in association with the City of San Bernardino, Watson Development and Cal -State SB forthe development of 200 residential, mixed use, live -work, retail, office and student housing, educational and training facilities and offices. PROPOSALFOR ENGINEERING, TECHNICAL AND AMTW'DVE SUPPORT SERVICES, RFP NO. -245 TRANsmch 19-045 APPENDIX -RESUMES 6 MICHAEL ACKERMAN, PE, QSD, QSP, QISP, Sr. Engineer EDUCATION • Bachelor of Science in Engineering, the University of Iowa • Land Development Desktop, AutoCAD Civil 3D, and Microstation Certification - Westech College REGISTRATION • Registered Civil Engineer CERTIFICATIONS • Resident Engineer Academy, Caltrans • Water Pollution Control Compliance on Construction Sites for Resident Engineers, Caltrans • Asphalt Pavement Fundamentals: Design, Construction, and Rehabilitation • Construction Program Management Workshop, FHWA • Field Office Procedures Course, Caltrans • California Work Zone Inspection — High Speed, Caltrans Mr. Ackerman has over 20 years of experience. At Transtech, he has been working as a Sr. Engineer at various Transtech City Engineering Contracts. He has served at various Cities under Transtech's City Engineering Contracts, including Temple City, Huntington Park, and Alhambra. Mr. Ackerman managed Engineering and CIP attended and coordinated with COG Regional Transportation Planning, GWMA Gateway Water Management Association, and Los Angeles Upper Reach 2 Storm Water Management Group. He is very familiar with the local and regional agencies and goals. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Mr. Ackerman's experience also Includes working at Caltrans and other agencies: Caltrans District 8: Mr. Ackerman was a civil transportation engineer for Caltrans District 8 where he was involved in the design and construction of various projects. • Construction Division: In the Construction Division, Mr. Ackerman was Resident Engineer for various projects, including: o Watson Wash Bridge Replacement Right (Rte 40) o Replacement of Drains and Earthwork (Rte 40) o Fenner Overhead Bridge Replacement (Replacement of two bridges over BNSF Railroad, Rte 40). Design Division: Designed plans, specifications, and estimates for the rehabilitation of Route 10 freeway from the Riverside/San Bernardino County line to Beaumont. Traffic Operations Division: Performed studies and analyses to interpret and mitigate above average accident volume areas on highways and freeways. Also, he performed traffic studies. City of San Bernardino: Mr. Ackerman held the position of Associate Engineer under City Engineer of the Division of Public Works in the Department of Development Services. He was involved in many projects including Development Review and Plan Check, design and review of Street Improvement Plans, Rough and Precise Grading Plans, Sewer Plans, Storm Drain Plans, Street Lighting Plans, Storm Water Pollution Prevention Plans, Water Quality Management Plans, Geotechnical Reports, and Hydrology/Hydraulic Studies, land development, industrial, commercial, residential, and transportation development projects including Tract and Parcel Maps. He also directed and performed plan check of improvement plans submitted by developers to the City. Also, he represented the City of San Bernardino at the South Tehachapi Management Team meetings, coordinated with San Bernardino County Flood Control and FEMA for the certification of City levees and updating of the Flood Insurance Rate Maps (FIRM), and oversaw permitting and I,.,.: I PROPOSAL FOR TRANSiECH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 25F-246 APPENDIX -RESUMES 7 • Asphalt Concrete tracking of Land Development Projects through the Division of Public Inspection and Works/Engineering. In addition to this, Mr. Ackerman has worked Rehabilitation intimately with Planning and Building and Safety Divisions on Land Strategies, Caltrans Development Projects. HIGHLIGHTS City of Huntington Park: Mr. Ackerman worked as contract City • 20 years of experience Engineer under Transtech's municipal services contract and later as City In City Engineering. Engineer and Interim Director of Public Works under the City. • Experience includes working for Caltrans As City Engineer, Mr. Ackerman performed the following and City of San responsibilities: Bernardino. • Planned, coordinated, and directed the activities of the Engineering • At Caltrans, served as Division; Resident Engineer for • Supervised the preparation of designs, specifications, plans, estimates many projects. and reports involved in the construction of public works engineering • At City of San projects, such as storm drains, sewer systems, and water facilities; Bernardino, worked • Reviewed and approved engineering plans, specification and contract under the City documents; Engineer, and was • Analyzed bids and supervises the preparation of contracts; responsible for Capital • Supervised building construction by outside contractors on special Projects. projects; • Extensive experience in • Provided technical assistance and consults with other departments, working with Caltrans. agencies, commission, and other bodies on engineering matters; • Extensive experience in • Prepared reports for the various governing bodies concerning NPDES requirements. economic comparison, environmental impact studies, subdivisions, • Extensive experience in land use conversion, and capital improvements the management and • Planned, coordinated and directed the traffic engineering functions of administration of the City including traffic control device installations, traffic studies and federally and state local and, regional area traffic growth management; funded projects in • Site visits to various locations to conduct field and construction compliance with inspections, surveying, and perform other engineering activities; Caltrans Local • Administered the use of revenue obtained through subventions from Assistance Procedures the State and County; Manual (LAPM). • Represented the Division to other City departments, elected officials • Served as Resident and outside agencies; explained and justified Engineering Division Engineer on several programs, policies and activities; negotiated and resolved sensitive, Federally Funded significant and controversial issues; Projects. • Managed and participated in the development and administration of the Engineering Division budget; participated in the preparation of and implement budgetary adjustments; • Coordinated Engineering Division activities with those of other departments and outside agencies and organizations; provided staff assistance to the City Manager and City Council; prepared and presented staff reports and other necessary correspondence; • Directed the work involved in the custody of maps, charts and other records dealing with City owned facilities; • Supervised and evaluated subordinate staff; • Responded to citizen inquiries and resolve difficult and sensitive complaints; and • Participated on a variety of boards and commissions; attended and participated in professional group meetings; stayed abreast of new PROPOSAL FOR TRA/Y9iECb ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-0,45 25F-247 APPENDIX -RESUMES t3 trends and innovations in the engineering field. Public Works Projects Experience: Mr. Ackerman has also served as Project Design Engineer, Project Manager, and Construction Manager/Resident Engineer on a number of projects. Partial listing of projects representative of his project experience on recent projects Include: • Project Engineer for City of Commerce, Garfield Avenue Telegraph Road to Malt Avenue Street Improvements; Eastern Avenue Pavement Overlay Stevens Thru City Boundary; Garfield Avenue and Slauson Avenue Intersection Improvements; Washington/Ayers Intersection: Prepared PS&E. Federally funded projects as part of Stimulus Program. • Project Engineer for City of Baldwin Park, Francisquito Avenue Overlay Project; Ramona Boulevard Overlay Project: Prepared PS&E. Federally funded projects as part of Stimulus Program. • Project Engineer for City of San Bernardino, Sewer upgrade project: Preparation of a project PS&E for upgrade of main sewer lines at various locations per the City's Sewer Master Plan. • Project Engineer for City of Commerce - Master Sewer Study Telegraph Corridor re -vitalization project: Documentation of existing system. Design capacity analysis based upon land use designations. Produced master plan study report for the project along with cost estimates. • Resident Engineer for Rosemead Safety and Enhancement and ADA Improvements Project. Served as the Resident Engineer for the Rosemead Safety and Enhancement Project. The project includes widening and reconstruction of 2 miles of Rosemead Boulevard, including new medians, bike lanes, signals, sidewalks, curb & gutter, street lighting, landscape, street scape. The project is federally funded and is managed in compliance with Caltrans Local Assistance Procedures Manual. Cost $20m. • Principal CM/Resident Engineer for Valley Boulevard Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra: Project involved reconstruction, pavement overlay, medians, landscape, curb and gutter, sidewalk, traffic signals and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Project also involved coordination with Caltrans for work at the 710 Freeway ramps under Caltrans Encroachment Permit. Project was completed in various phases, Including nigh time construction for several phases, to minimize inconvenience to public on this heavily travelled major Arterial. • Principal CM/Resident Engineer for New Avenue, from North to South City Limit Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra: Project involved reconstruction, pavement overlay, curb and gutter, sidewalk, traffic signals and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Project also involved coordination with Caltrans for work at the 1-10 Freeway ramps under Caltrans Encroachment Permit. • Principal CM/Resident Engineer for Garfield Rehabilitation and ADA PR POSAL FOR TrsansrccH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-00 25F-248 APPENDIX -RESUMES 9 Improvements Project (Federally Funded), Alhambra: Project Involved reconstruction, pavement overlay, curb and gutter, sidewalk, and other misc. improvements. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • Principal CM/Resident Engineer for City of San Bernardino, Via Duct Boulevard/2nd Street Realignment Project: Prepared PS&E and served as Construction Manager/Resident Engineer. • Project Engineer for CSUSB (Cal State SB University) San Bernardino Main Access Road: Prepared PS&E and provided construction administration for the project. Project involved design of a new roadway for a length of approximately 1.5 miles, and include street, medians, landscape, lighting, traffic signals, water, sewer, storm drain and various other utilities. • Project Engineer for CSUSB (Cal State SB University) Perimeter Road for CSUSB Palm Desert Campus: Prepared PS&E for the project. Improvements included street, water, landscape, grading, drainage, street lighting and various other improvements. • Project Engineerfor CSUSB (Cal State SB University): Campus Health Center Expansion: Prepared PS&E for the project for grading, utilities and civil engineering. • Project Engineer for University of California, Riverside - West Campus Infrastructure: Prepared West Campus Infrastructure Development Design/Study, which identified utility and surface infrastructure requirements, and how these improvements could be phased to accommodate proposed campus growth, for an area of 236.8 acres to support approximately 5 million gross square feet of academic, research, support, and student housing facilities.. /J PROPOSAL FOR TRANSRCh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-249 APPENDIX -RESUMES 70 ALLEN PANGAN, PE, Sr. Engineer EDUCATION • Bachelor of Science in Civil Engineering, California State University Northridge REGISTRATION • Registered Civil Engineer, California and Nevada HIGHLIGHTS • 23 years with the Local Cities, including Palmdale and Simi Valley Prior experience wfth US Navy, Naval Mobile Construction Battalion Mr. Pangan has over 30 years of experience. His experience includes working for City of Palmdale and City of Simi Valley. His prior experience includes working at US Navy, Naval Mobile Construction Battalion. His experience includes working as contract/consultant Civil Engineer, Plan Checker, Design Engineer for various Cities. He managed multi- discipline of wide variety of projects from the initial conception, planning, budgeting, scheduling, preliminary engineering to final engineering and completion of construction. His experience Includes dealing, coordinating and navigating thru the permitting processes with municipal, county and state level and other governmental agencies, architects and consultant, utility companies, and regional entities, including Caltrans, Water Quality Board, AQMD, US Corps of Engineers, Department of Dams and Water Resources, Union Pacific Railroad and others. He coordinated the design and approval of various Capital Improvement Project Plans, the construction and project completion acceptance of the same. He has extensive experience In standards and procedures for public agencies, including the Green Book, Caltrans, and has extensive experience in traffic control, safety and OSHA compliance requirements. He has extensive experience In communicating/working with the publicladjacent property owners, and being proactive in dealing with complaints and comments and minimizing project Impacts. He has a broad knowledge of municipal government operations, Including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Functional Experience Summary • Capital improvement Program Administration. • Project Management. • Site Reviews and Construction Inspection. • Traffic Control Review. • Responded to citizen inquiries and resolve difficult and sensitive complaints; and • Construction Progress Review. • Construction Compliance review with approved plans and specifications, and in compliance with applicable standards (Greenbook, Caltrans, LA County, Local City Standards). • Coordinate with Contractors and Consultants. • Investigate field problems affecting property owners or contractors and resolve or refer to appropriate personnel. • Review cost estimates and bids. ..7J PROPOSAL FOR TRANSWCh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19.045 25F-250 APPENDIX -RESUMES 11 • Provided technical assistance and consults with other departments, agencies, commission, and other bodies on engineering matters. • Site visits to various locations to conduct field and construction inspections, surveying, and perform other engineering activities. • Coordinate and review the work of outside consultants and contractors, and review and recommend payments for billing on contract services. • Coordinate public works activities with other agencies, including Los Angeles County, Caltrans, Utility Companies and other jurisdictional agencies Involved in the projects. • Professional and technical .municipal engineering work In land development processing. • Permit and bond oversight. • NPDES compliance. • Private and Capital Improvement Plan Check. • Public, Developers and Engineering Consultants Interface. • Construction Surveying. • Preparation of Plans, Specifications and Cost Estimates. • Design striping and signing plans. • Design traffic signal plans. • Manage City Master Plan of Drainage. • Provide technical assistance to floodplain administrator. • Hydrologic and Hydraulic review. • Hydrologic modeling. • Development and advisory board review. • Easements, deeds, lot merger review. • Design and prepare plans for public works projects including streets and storm drains and detention basins by researching project design requirements, performing calculations and preparing material and cost estimates. • Plan check, and processing of public and private improvements per City standards. • Prepare visual presentations and reports. • Identify and make recommendations on traffic safety by performing high accident analysis, crosswalk studies at school zones, and keeping accident database up to date. • Evaluate traffic operations at intersections, mid -blocks, and work zones. • Perform traffic studies and data collection using volume counts, accident rates, and speed zone surveys. Prior Employment 2010-2018 Sole Proprietor of AP Civil Engineering, Civil engineering consulting services 1988-2010 City of Palmdale, CA, Department of Public Works. • 1983-1988 VSE Corporation Camarillo, CA • Defense Contractor 1983-1984 City of Simi Valley Simi Valley, CA, Public Works. 1977-1983 United States Navy, Full-time employment in Naval Mobile Construction Battalion 4 PROPOSAL FOR PrAwEch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-251 APPENDIX -RESUMES 12 OKAN DEMIRCI, PE, QSD, QSP, Project Manager, Project Controls EDUCATION - MBA, Brandeis University, Massachusetts - BS, Engineering, Sabanci University, Turkey HIGHLIGHTS • Serves as CIP Program Manager and Assistant Public Works Director and Assistant City Engineer at Transtech's Contract Cities. • Completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). • Strong knowledge of MS Project, Primavera, AutoCAD Mr, Demirci has approximately 10 years of experience. Mr. Demirci serves as Assistant Public Works Director, Assistant City Engineer, CIP Program Manager at Transtech's Contract Cities and provides technical and management support. Mr. Demirci completed Caltrans Resident Engineer Academy, very familiar with the management and administration of federally and state funded projects In compliance with Caltrans Local Assistance Procedures Manual (LAPM). Mr. Demirci works as Project Manager on various projects (including federal and state funded projects) from project inception to closeout. Examples of his project experience includes: • City of South El Monte, Assistant City Engineer/CIP Program Manager/Deputy RE (Transtech serves as Contract City Engineer): Mr. Demirci coordinates Capital Improvement Projects (CIP) program at the City. As part of his responsibility, Mr. Demirci prepares PS&E packages, coordinates bid advertisement, bid opening, bid analysis, contract award, pre -construction meetings, construction phase coordination, post construction project close out, and statelfederal projects grant closeout activities. Mr. Demirci also coordinates professional services procurement by preparing RFPs, and oversees various consultants on City's CIP program. Highlighted projects are: o HSI P Cycle 6 & 7 Program: Managed 5 Traffic Signal, Lighting and Street Improvements Federally funded HSIP projects through all phases including federal grant management, design phase coordination, construction phase coordination, project closeout, federal grant closeout. Cost $2.7m o Federal CDBG Program: Managed City's FY 17/18, 18/19 CDBG projects through all phases including federal grant management, design phase coordination, construction phase coordination, project closeout, federal grant closeout. Cost $1.5m - City of Monterey Park, Assistant to PW Director/City Engineer and CIP Manager: Mr. Demirci serves as an assistant to the PW Director/City Engineer. As part of his responsibility, he manages CIP projects at the City. Mr. Demirci prepares PS&E packages forvarious projects for Parks & Rao and Public Works Department. He also provides project management to various projects from project inception to project close out for the City. Highlighted projects are: o Parks & Rec Master Plan Development and Construction of Improvements at 13 parks (including picnic shelters, playgrounds, irrigation systems installations and ADA improvements). Cost $1.5m o Citywide Parking Lot Reconstruction and Various City Facility Restoration/Maintenance (including Cascades Waterfall PROPOSAL FOR FRANSIEch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-252 APPENDIX -RESUMES Restoration, City Pool Maintenance, Various other City facility maintenance). Cost $2.5m City of Temple City, Assistant City Engineer (Transtech serves as Contract City Engineer): Mr. Demirci serves as Assistant City Engineer. His main responsibilities include managing City's CIP program. Mr. Demirci prepares PS&E packages for various City projects and manages CIP projects from project inception to project closeout. Highlighted projects are: o City's Annual Pavement Management Program: Prepared and managed City's PMP since 2013. He coordinated in preparation of bid packages following recommendations from PMP and managed projects in PE and CE phases. Annual cost: $1.5m o Pedestrian and Bike Safety Improvements on Temple City Blvd, El Monte and Various Locations Citywide (HSIP Federally Funded): Worked as project manager in PE and CE phases of federally funded projects. These projects were managed In compliance with applicable federal requirements. Cost: $1.5m City of Cudahy, CIP Manager/Coordinator: Mr. Demirci serves as CIP Program Manager/Coordinator. As part of his responsibility, Mr. Demirci prepares PS&E packages, coordinates bid advertisement, bid opening, bid analysis, contract award, pre -construction meetings, construction phase coordination, post construction project close out, and state/federal projects grant closeout activities. Highlighted projects are: o Pedestrian Safety Improvements, (ATP Funded): Served as Project Manager for this federally funded $1.Om project. Project includes construction of pedestrian safety improvements such as curb extensions, installation of traffic devices, signs, striping. o Lugo Park, Soccer Field Project (CDBG Federally Funded): Served as Project Manager for this $1.6m federally funded project. Project includes construction of a regulation new soccer field with artificial turf on existing baseball field, DG walking path, landscaping, parking lot expansion, concrete plaza, lighting, drainage, bathroom and concession stand ADA improvements. The project is CDBG federally funded and being managed in compliance with applicable CDBG requirements. Cost $1.6m City of Commerce, CIP Manager/Coordinator: Mr. Demirci serves as CIP Program Manager/Coordinator. As part of his responsibility, Mr. Demirci prepares PS&E packages, coordinates bid advertisement, bid opening, bid analysis, contract award, pre - construction meetings, construction phase coordination, post construction project close out, and state/federal projects grant closeout activities. Highlighted projects are: o Slauson Avenue ADA Improvements and Tree Replacement Project: Served as Project Manager for this $1.2m ADA Improvements and tree replacement project. 1s PROPOSAL FOR TRAINsrEch ENGINEERING, TECHNICAL AND ATIINPTRnATIVI SUPPORT SERVICES, RFP NO. 19-045 APPENDIX -RESUMES 14 o City's Annual Pavement Management Program: Managed City's PMP since 2015. He coordinated in preparation of bid packages following recommendations from PMP and managed projects in PE and CE phases. Annual cost: $4,5m City of Temple City, Council Chambers Renovation and ADA Improvements Project: Served as Project manager for the preparation of the plans, specifications and cost estimates and bid package for the renovation and ADA Improvements of the Council Chambers Building. The Improvements included complete reconstruction/renovation of the Council Chambers with new seating, dais, carpet, lighting, AV system, and new ADA compliant bathrooms, new ADA compliant access to the building, new emergency generator and electrical work, re -design of building creating a space for Emergency Operations Center, asbestos removal, painting and other various improvements. Cost approximately $0.5m. City of Temple City, CDBG ADA Improvements Project: Served as Assistant Project manager for the preparation of the plans, specifications and cost estimates and bid package as well as field reviews forADA and sidewalk Improvements at various locations thru out the City under CDBG funds. Cost approximately $0.4m • Deputy Project Manager, Supporting/Backup Office Engineer for Rosemead Safety and Enhancement and ADA Improvements Project: Served as one of the Office Engineers for the Rosemead Safety and Enhancement Project. The project included widening and reconstruction of 2 miles of Rosemead Boulevard, including new medians, bike lanes, signals, sidewalks, curb gutter, street lighting, landscape, street scape. The project is federally funded and is managed in compliance with Caltrans Local Assistance Procedures Manual. Cost $20m. PROPOSAL FOR TRANS rECk ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 APPENDIX -RESUMES AL PAGANI, Construction Manager, Sr. Supervising Inspector • BA • MBA CERTIFICATIONS • DBIA • USGBC • LCI • ACI • AISC HIGHLIGHTS • 35 years of construction experience serving as job superintendent and construction manager. • Extensive experience in the management and administration of federally and state funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM). Significant experience in the construction of affordable housing and mixed -use projects for non-profit corporations, for -profit developers, and public agencies. Constructed over 2,000 housing units including rental apartments, Mr. Pagani's career spans 35 years in a supervisory capacity in Southern California involving all aspects of construction. His career includes all levels of construction. Mr. Pagans has worked for Transtech for 10 years, and served as Sr. Construction Inspector and/or Construction Manager for a number of projects. Some of the significant projects are listed below; • Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce ($38m). Transtech provided CM/Cl/Resident Engineer, Inspector, Office Engineer Services. The project Included widening and reconstruction of 2.7 miles of Roadway, Traffic Signals, Street Lighting, Landscape, Improvements at 1-5 and at 710 Freeways ramps. The project was federally funded and was managed In compliance with Caltrans Local Assistance Procedures Manual. The project was also a Caltrans Oversight Project. • Eastern Avenue Street Rehab Project, City of Commerce. Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. Funded by Measure AA Funds. Project is being inspected and managed In compliance with Caltrans Local Assistance Procedures Manual. Project involved Full Depth Reclaimed Pavement Rehabilitation. • SR2S, BTA and Pavement Rehabilitation Projects (State Funded), City of Temple City. Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Project involved pavement rehabilitation (rubberized AC overlay), curb and gutter, sidewalk, traffic signals, utilities, and other misc. improvements. • 710 Freeway Interim Improvements and Fremont Widening Project (Federally Funded), City of Alhambra. Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • Rosecrans Roadway Widening, 405 Freeway Ramp Widening, (Federally Funded), City of Hawthorne. Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • City Hall Addition, City of Commerce ($6m). Transtech served as construction manager. The project involved construction of a new 20,000 SF addition to the City Hall and remodel of existing City Hall. • Construction Manager/Sr. Inspector for San Bernardino, Santa Fe Historic Train Depot Renovation. Services Included management of design architect, construction management and inspection. The project involved hazardous material abatement, building renovation. TI improvements, seismic and structural upgrade, 15 PROPOSAL FOR TR"STECh ENGINEERING, TECHNICAL AND AQNjjj aT919 SUPPORT SERVICES, RFP NO.19-045 APPENDIX -RESUMES 16 townhomes, new mechanical, electrical HVAC system and site improvements condominiums, and to renovate and reuse a 60,000 SF existing building. Transtech transitional housing for was awarded "Excellence in Transportation" award by Caltrans in families, seniors, and 2005 for this project. persons with special • University Park Development Project in the City of San needs. Bernardino. Transtech served as construction manager. The • Familiar with various project included grading, roadway, infrastructure, drainage, water, funding sources for sewer, improvements related to a residential and commercial site these projects, development. Transtech also provided civil engineering design including State and services for the project. Local Housing and Construction Manager for City of Commerce, City Hall Addition Redevelopment and Library Modification. Transtech served as construction Programs, Low Income manager. The project involved construction of a new 20,000 SF Housing Tax Credits, addition to the City Hall and remodel of existing City Hall and Tax Exempt Bonds and modifications to existing Library as necessary. Conventional Construction Manager for San Bernardino, Santa Fe Historic Financing, Historic Tax Train Depot Renovation. Services included management of Credits, and HUD design architect, construction management and inspection. The Section 202 & Section project involved hazardous material abatement, building 811 Programs. renovation, TI improvements, seismic and structural upgrade, • Experience Includes new mechanical, electrical HVAC system and site improvements both working for public to renovate and reuse a 60,000 SF existing building. Transtech agencies and private was awarded "Excellence in Transportation" award by Caltrans in sector. 2005 for this project. • Construction Manager for University Park Development Project in the City of San Bernardino. The project included grading, roadway, infrastructure, drainage, water, sewer, Improvements related to a residential and commercial site development. Transtech also provided civil engineering design services for the project. • Construction Manager for Valley, 1-710 Freeway Interim Improvements and Fremont Widening and Reconstruction in the City of Alhambra. Services included design, construction management, and inspection. The projects included grading, major roadway improvements, including removalldemolition of various buildings for additional right-of-way and reconstruction of buildings behind new right-of-way, infrastructure, utilities, pavement, drainage, water, sewer, landscape, street lighting, traffic signal, pavement improvements. Projects were funded by Federal Funds, and was managed and inspected in compliance with Caltrans Local Assistance Procedures Manual in compliance with Federal Funding Requirements. Coordinated with project participants, Including Caltrans, County of Los Angeles, City of Alhambra and MTA. • Construction Manager for City of Hawthome-Rosecrans roadway widening, 405 Freeway ramp widening. Transtech served as construction manager, including inspection, surveying, resident engineer, federal compliance, labor compliance. • Construction Manager for City of Alhambra First Street Parking Structure (4 story 276 spaces). Transtech served as turn -key PROPOSAL FOR TRANSTECH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-256 APPENDIX -RESUMES 17 program manager, including design, construction management, building plan check and inspection. • Construction Manager for City of Alhambra 45,000 sf Public Library and 2 Level 200 car Underground Parking Garage. The project Included extensive grading for 2 levels of underground garage, shoring, 2 story library, 2 levels of underground parking garage, utilities, street paving, sidewalk, and landscape. Transtech served as turn -key program manager, including design, construction management, building plan check and inspection. • Construction Manager for City of Alhambra Utilities Department Customer Service Building. Transtech served as turn -key program manager, including design, construction management, building plan check and inspection. Mr. Pagani's experience with other firms include: As a contractor, AI also has significant experience in the construction of affordable housing and mixed use projects for non-profit corporations, for -profit developers, and public agencies. He constructed over 2,000 housing units including rental apartments, townhomes, condominiums, and transitional housing for families, seniors, and persons with special needs. He is very familiar with various funding sources for these projects, including State and Local Housing and Redevelopment Programs, Low Income Housing Tax Credits, Tax Exempt Bonds and Conventional Financing, Historic Tax Credits, and HUD Section 202 & Section 811 Programs. Some of recent projects completed by AI include: • Bell Air Summit Apartments 30 Retrofit and renovate units of two- story apartments / town homes. • San Pablo Senior Apartments 82 Unit Senior Apartment Building 1 story podium parking deck. • Villa Santa Fe Apartments 81 affordable apartments complex comprised of 10 building with pool and playground amenities. • Vinton Avenue Apartments 35-Unit four-story apartment complex over two levels of subterranean parking. • Los Angeles Unified School District, Valley Region Elementary School No. 10 Project, 52,000SF, 25 million dollar K-12 project. Winnetka, CA • Los Angeles Unified School District, Valley Region Elementary School No. 12 Project, 50,000SF, 28 million dollar K-12 project. North Hills, CA • Los Angeles Unified School District, Central Region MacArthur Park Elementary School Addition, a 37,400-SF, 18 million dollar K-12 project Los Angeles, CA • Los Angeles Pierce College, Center for the Sciences, 100,000- SF, 43 million dollar classroom and laboratory project. Woodland Hills, CA • Los Angeles City College, Martin Luther King Library. 40,000SF, 25 million dollar library and classroom project. Los Angeles, CA PROPOSAL FOR TmNswch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 25F-257 APPENDIX -RESUMES 18 • Los Angeles City College, Science and Technology classroom, 48,000-SF, 24 million dollar classroom and laboratory project. Los Angeles, CA • West Los Angeles Community College Math and Science Buildings, 60,000-SF, 40 million dollar classroom and laboratory project. Culver City, CA • West Los Angeles Community College General Classrooms and Student Services Buildings, I00,000-SF, 43 million dollar project. Culver City, CA • Los Angeles Mission College, Family and Consumer Studies Building, 73,000-SF, 39 million dollar culinary arts project. Sylmar, CA • Garfield Renaissance Center. This multi -prime project involves 11 separate contracts to construct an 800 car 5 level parking structure, 150 car surface parking lot, a public plaza with fountain and unique art features, multi-plex theater, restaurant and retail buildings, and street improvements consisting of roadway widening, storm drain, sewer, water main, utilities (35 million). PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 25F-258 TRANSTECh 19-045 APPENDIX -RESUMES 19 RICHARD GARLAND, TE, Sr. Traffic Engineer • MS Civil Engineering, University of California, Berkeley • BS Civil Engineering, Vanderbilt University REGISTRATION • Professional Traffic Engineer, P.E.—State of California EXPERIENCE HIGHLIGHTS • Over 35 years of experience in Traffic Engineering. • Served as City Traffic Engineer for many Cities, including: • Carson • Manhattan Beach • Hermosa Beach • ElSegundo • Traffic Engineering experience includes: • Serving as City Traffic Engineer • Airport Access & Circulation o Transportation Planning o Development Access/Circulation • Port Access & Circulation Mr. Garland has over 35 years of experience in traffic engineering and transportation planning, having been Involved in many aspects of the transportation field. He has conducted traffic impact, transit, parking, circulation, safety, and traffic control studies for a variety of locations and situations, ranging from individual development projects to regional planning efforts. His experience Includes the planning, design, and analysis of transportation facilities for airports, central business districts, redevelopment areas, ports, neighborhoods, and Institutions. He has conducted transportation studies for numerous development projects, including the construction or expansion of office buildings, hospitals, shopping centers, residential developments, Industrial sites, schools, hotels, and recreational facilities. Specific examples representative of Mr. Garland's experience is cited below. Municipal Traffic Engineering — Served as City Traffic Engineer for several cities in Southern California where he has been involved with traffic signal design and operations, permit parking programs, citizen requests on traffic and parking issues, analysis of stop sign requests, public hearings, speed surveys, and neighborhood traffic control. In this capacity, he served as staff liaison for the Public Works Commissions and prepared reports and gave presentations at Planning Commissions and City Councils. The cities where Mr. Garland has been employed as the Traffic Engineer include: Carson; Manhattan Beach; Hermosa Beach; El Segundo Parking Studies - Conducted parking studies for the City of Orange, the Santa Ana Civic Center, downtown Manhattan Beach, the Santa Monica Ocean Park Redevelopment Area, Beverly Hills, and the Chinatown Redevelopment Area. These studies were prepared for proposed commercial, office, and recreational development. Developed a permit parking program for the City of Coronado and established permit parking zones in the City of Carson, including the residential areas surrounding the 30,000-seat StubHub Center. Recreational Facilities — Conducted an access and parking utilization study for the beach parking lot in Santa Monica to assist the City of Santa Monica with an Ocean Park redevelopment plan. Prepared an access, circulation, and parking study for the Laurel Canyon dog park located adjacent to Mulholland Drive in Los Angeles. Conducted an access and parking study for Sand Dune Park in Manhattan Beach. Conducted a traffic study for a sediment removal project at Littlerock Reservoir near Palmdale. Prepared a parking and access study for a bike trail project in Santa Ana. Prepared the conceptual design plans for a bike path along the Dominguez Channel levee in Carson. Conducted traffic impact and parking studies for numerous high school stadium construction projects throughout southern California. Environmental Studies - Prepared the traffic/transportation components of several hundred Environmental Impact Reports (EIRs), Negative Declarations (ND/MNDs), and Environmental Impact Statements (EISs) in compliance with CEQA and NEPA standards. Developed mifigaton PROPOSAL FOR TRpIVSTEch ENGINEERING, TECHNICAL AND AD,VljN SUPPORT SERVICES, RFP NO.19.045 APPENDIX -RESUMES 20 monitoring programs in response to the significant adverse traffic and circulation impacts that were identified. Flood Control/Watershed Protection Projects — Prepared the traffic/transportation component of the EIR for the Santa Clara River Levee Project (SCR-3) for the Ventura County Watershed Protection District. The project is located adjacent to the City of Oxnard. Prepared the traffic/transportation component of the Initial Study/MND/EA for the Sespe Creek Levee Improvements Project for the Ventura County Watershed Protection District. This project is located near the City of Fillmore. Conducted the traffic analysis for the EIR for the Metropolitan Water District of Southern California's Lake Perris Pollution Prevention and Source Protection Program in Riverside County near Moreno Valley. Conducted the traffic analysis as a component of the EIR for the Sun Valley Watershed Management Plan in Los Angeles. The study included an analysis of the impacts of pipeline construction along roadways in the San Fernando Valley section of Los Angeles. Prepared the traffic component of the EIR for the San Gabriel River Master Plan for the Los Angeles County Department of Public Works. Plpellnes/Linear Construction Projects - Conducted the transportation analysis for the Pacific Pipeline EIR/EIS, a proposed oil pipe extending from Santa Barbara to the Los Angeles harbor area including segment alignments within Ventura County. Conducted the transportation analysis for an alignment of the Pacific Pipeline that extends from the Bakersfield area of Kern County to the LA harbor. The analysis addressed construction impacts on highways and rail lines for the proposed project as well as several alternatives. Conducted the traffic analysis for the construction of the North Hollywood Interceptor Sewer in the City of Los Angeles, Prepared the traffic component of the negative declaration and mitigation monitoring program forthe construction of a 96-inch sewer pipe that was installed in the public right-of-way of Lomita Boulevard in the cities of Los Angeles and Carson. The pipeline project was a component of a major pipeline Installation project administered by the Los Angeles County Sanitation Districts. Port/Harbor Planning - Conducted a multi -modal transportation study for the Ports of Long Beach and Los Angeles to identify deficiencies in the transportation system into, out of, and through the harbor area. The analysis focused on the movement of goods by highway, railroad, and pipeline. Conducted traffic analyses for various development projects in the Ports of Los Angeles and Long Beach, including the West Basin Improvement Plan, the Pier 300 container terminal, the Hugo Neu-Proler scrap metal terminal, the GATX liquid bulk terminal, the Pier A container terminal, the harbor lead track rail improvements, the Pier 300 dry bulk (coal) terminal, the Berth 212-215 container terminal, and the Berth 100 container terminal. Power Lines/Power Plants - Conducted the transportation impact analysis for the Devers-Palo Verde power transmission line project that extends from the Phoenix area of Arizona to the Colton/Redlands area of California. The project alignment extends through Riverside and San Bernardino Counties in California and Maricopa and La Paz Counties in Arizona. Conducted the transportation impact analysis for the Alturas Transmission Line EIR/EIS, a power line that extends from Allures in .- j PROPOSAL FOR TRANsmch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.0" 25F-260 APPENDIX -RESUMES northern California to Reno, Nevada. The analyses for these power line projects addressed the project's impacts on highways, rail lines, and aviation activity. Developed an evacuation plan for the Diablo Canyon Nuclear Power Plant In San Luis Obispo County. The study Identified evacuation routes In San Luis Obispo and Santa Barbara Counties and developed procedures for maintaining traffic flow along the evacuation routes. Airport Planning - Conducted access, circulation, and parking studies for Honolulu International Airport, Phoenix Sky Harbor Airport, Burbank Airport, John Wayne -Orange County Airport, San Diego Lindbergh Field, Seattle -Tacoma International Airport, and San Francisco Airport. Military Bases - Conducted a traffic analysis to evaluate the Impacts of homeporting three aircraft carriers at the Naval Air Station North Island in Coronado (San Diego), one aircraft carrier at Puget Sound Naval Shipyard in Bremerton, WA, and one aircraft carrier at Everett Naval Station near Seattle. These studies were a component of an EIS that was prepared for the U.S. Navy. Conducted a traffic study for a proposed expansion of Fort Irwin National Training Center in San Bernardino County. Conducted an alignment study for a proposed road at Edwards Air Force Base. Conducted a traffic study for the Air National Guard base at the Van Nuys Airport in the San Fernando Valley area of Los Angeles. Conducted a traffic analysis for a proposed expansion of operations at the Point Mugu Naval Air Station in Ventura County. School Access and Safety — Has conducted the planning, design, and analysis of traffic, access, and parking facilities for schools throughout southern California. This experience includes numerous elementary, middle, and high schools as well as early education centers, stadiums, gymnasiums, and performing arts centers for Los Angeles Unified School District, San Marcos Unified School District, Vista Unified School District, South Bay Union School District, Santa Ana Unified School District, Irvine Unified School District, Poway Unified School District, Solana Beach School District, Long Beach Unified School District, Montebello Unified School District, Pomona Unified School District, Norwalk -La Mirada Unified School District, Palm Springs Unified School District, San Diego County Office of Education, Claremont Unified School District, and charter schools. Commercial Development - Conducted traffic and parking studies for numerous commercial developments such as Malibu Colony shopping center, Downey Landings, Carson Marketplace, Palmdale factory outlet center, Rite Aid in Ridgecrest, Cerritos Jaguar dealership, Cabazon factory outlet center, Antelope Valley Mall in Palmdale, Lakewood Center Mall expansion, Wal-Martlfoys-R-Us in Covina, Kalama River retail development in Fountain Valley, Smith's Food and Drug center in Gardena, Continental Park retail and theater center in El Segundo, Target shopping center in San Dimas, Manhattan Village Mall in Manhattan Beach, Galleria at Tyler in Riverside, Mall of Victor Valley in Victorville, Lake Elsinore factory outlet center, Champion Chevrolet dealership expansion in Manhattan Beach, and Lakewood Business Park. 21 PROPOSAL FOR TRansrEch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-261 APPENDIX -RESUMES 22 JANA ROBBINS, PTP, Sr. Traffic/Transportation Planner Business Administration, California State Polytechnic University Classes and Seminars Through ITE Professional Development • Traffic Operations Studies • Traffic Safety • Traffic Control Devices • Elements of Design • Transportation Management REGISTRATION • Professional Transportation Planner (PTP) #479 ITE Member EXPERIENCE HIGHLIGHTS 24 years of experience. • Serves as Transtech representative for Traffic Engineering Services at various Cities. • Extensive experience in Ms. Robbins has over 25 years of experience in the field of traffic and transportation engineering and planning. Ms. Robbins serves as the Transtech representative for Traffic Engineering Services at various Cities, prepares traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, traffic calming reports, parking studies, responds to requests from Public and City Officials and attends Traffic Commission, Planning Commission, City Council Meetings as well as Design Review Board meetings. On behalf of client Cities, she reviews traffic impact studies and parking analysis submitted by developers, and represents contract Cities at Commission meetings when these projects are reviewed. She works directly with staff in the departments of public works, planning, engineering and community development at each client city. She also contacts, meets with residents representing city staff in assisting in the resolution of local traffic problems and concerns. After meeting with residents, she prepares and presents reports and recommendations to various city staff and agencies. She has also attended community forums and neighborhood block meetings to discuss and answer questions about current and future traffic conditions. She also prepares traffic impact studies for development projects in Southern California, which involves the coordination with developers, as well as local and regional agencies. She has developed traffic models and performed impact analyses utilizing state-of-the-art software. Her project experience includes: • City of Alhambra. Contract Traffic Engineering Support: As part ofTranstech's Municipal Services Contract, Ms. Robbins serves as the Transtech representative for Traffic Engineering Services. In this capacity she prepares traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, responds to City requests, citizen complaints and attends Traffic Commission meetings. She also reviews traffic impact studies submitted by developers, provides traffic study guidelines (scoping) to consultants preparing TIA's and represents the City at planning commission and council meetings when these projects are reviewed and presented. Part of her duties also includes assessing safety for pedestrians, buses and bicycles by reviewing master plans completed for transit and bicycles as well as safe walk to school routes. Contract Traffic Engineering Support: As part of Transtech's Municipal Services Contract, Ms. Robbins serves as the Transtech representative for Traffic Engineering Services. In this capacity she assists the City Engineer with traffic safety requests, reviews and prepares traffic scoping documents for new developments, reviews traffic impact studies submitted by consultants to the City and provides comments for areas of concern as the Cities representative. She also attends meetings with potential developers, development services department and engineering staff representing traffic engineering. Preparation of Traffic Impact Studies (TI ): These studies are prepared to assess transportation impacts of proposed developments PROPOSAL FOR TVNSrECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-262 APPENDIX -RESUMES 23 preparing traffic safety and to determine the changes in traffic and traffic control devices that and calming studies, will be needed in the future with the added development or land use stop and signal change. The preparation of TIA's includes; Identification of impact warrants/studies and mitigation plans, coordination with City or agency planning and traffic traffic impact studies engineering departments. This includes the supervision of field and parking analysis technicians and In the field collection of traffic related data, preparing Extensive experience in a local traffic model, conducting a level of service analysis at each handling requests from study Intersection and street segment, identification of mitigation Public and City measures and report preparation. Some sample projects that Ms. Officials. Robbins has been responsible for preparing include: Extensive experience In o University of Riverside — West Campus Study presenting projects at o Cal State San Bernardino — Campus Expanslon Project Traffic and o Industry East - Development of 6 Million Square Foot Industrial Transportation Park for the City of Industry Commission, Planning o Arrowhead Springs Specific Plan TIA and Council meetings. o Private Development Projects TIA's: - Shandin Hills — 250 Single Family Housing Tract in San Bernardino - GFR Housing - 160 Single Family Housing Tract in San Bernardino - Apple Valley Plaza — Shopping Center with Movie Theater in Apple Valley— Parking Occupancy and TIA - Big Bear Plaza — Shopping Center in Big Bear Lake - Quartz Hill — Shopping Center and Housing in Quartz Hill LA County - Baker— Carl's Junior fast food in Baker CA - East Valley Water District— Corporate Yard in San Bernardino - Laguna Beach Corporate Yard — City of Laguna Beach - City of Industry— MRF facility, Park and Ride - City of Montebello — Park and Ride - El Segundo Self Storage in El Segundo - Loma Linda Housing in Loma Linda - Queen of Angels Church — Riverside - Condo Development project — San Gabriel - City of Palmdale — Residential Mixed Use TIA - City of Corona — Commercial Center, Industrial Center - City of Anaheim — Car Wash, Gas Station and Market - City of Chino—Andy's Burgers Clients: - Master Plan of City of San Juan Capistrano Downtown Area o CMP Traffic Monitoring Program: - City of Alhambra - City of Inglewood - City of Compton - City of Temple City - City of Huntington Park Enalneerina and Radar Sneed Survey for Varlous Cities: This task included the radar field survey, field observations, and calculation of 8511 percentile speeds, preparation of overall city maps and preparation of final report. Various Cities some of which include: PROPOSAL FOR TRANMCh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-263 APPENDIX -RESUMES 24 - City of Inglewood - City of Long Beach - City of Alhambra - City of Lynwood - City of Upland City of Bell - City of Hacienda Heights - City of Commerce - City of Malibu - City of Santa Monica City of Culver City Jana Is Certified Radar Technician by the Rio Hondo Police Department School Site Review: This task includes the observation and analysis of school sites as related to traffic and safety. This Includes suggesting drop off/pick up procedures for parents and buses, driveway assessment and signage, field review of existing signing, striping, school drop off, pick up, school crosswalks, sidewalks, crossing guard locations and the identification of future measures that will improve the traffic safety. Some schools included: - Ganesha Elementary in Pomona - Emery Elementary in Alhambra - Montvue Elementary- Pomona Unified School District - Alhambra High School in Alhambra - Mark Keppel High School in Alhambra - Benton Middle School- La Mirada School District - City of Alhambra — City-wide as needed - City of Temple City-6 schools forfunding and City-wide as needed - City of Huntington Park — City-wide as needed - City of Torrance — 32 schools SRTS assessment - City of Commerce — 4 schools - City of Baldwin Park —12 schools - City of Rosemead — 3 schools General Plan Updates, Circulation Elements and TIA• Preparation of circulation element and TIA for the City's General Plan update. Identification of impact mitigation plans, coordination with the City planning and traffic engineering department and Caltrans. This included the supervision of field data, traffic modeling, level of service analysis, identification of mitigation measures and report preparation. - City of San Bernardino - City of Calimesa This task included conducting existing inventory counts in the field and developing future demand for parking models, preparing shared parking analysis, preparing parking variance reports for developments, accumulation and generation reports. Reports have been prepared for a variety of developers for shared parking or variance needs or for traffic calming needs in housing tracts. Sample projects include: City Lawndale — entire City to assess the probability of a residential permit district; City of Inglewood for deficient parking in residential areas; Apple Valley Plaza for parking variance, City of Alhambra for public PROPOSALFOR ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 25F-264 I TRANSlECh 19.045 APPENDIX -RESUMES 25 parking structures, Huntington Park general on -street parking occupancy and parking policy, and various private developments to look at parking occupancy and demand. Specialty Studies: Travel Time and Delay, License Plate Studies, Pedestrian Movement Studies, Bicycle Usage Studies, Truck Movement Studies, On Street Parking Assessment In Commercial Districts, Assessment of Cut-Thru Traffic for various Agencies and Private Developers. Preparation of the Traffic Portion of HSIP, SR2S, TIGER Grants and CALL for Projects Funding Applications and PSRE documents: Following is a list of successful grant applications: - City of Alhambra — Valley Blvd Median Projects, Pedestrian Safety Grants - City of Huntington Park — ATP 2 and ATP 3 - City of Cudahy— ATP 3 and HSIP - City of Inglewood — Crenshaw S Curve Project, Century Blvd Gateway Project - City of Carson — Avalon Freeway Ramp Improvements - City of Commerce — Washington Blvd Improvements, Atlantic Blvd Goods Movement - City of Hermosa Beach — Traffic Signal Upgrades - City of Temple City— Safe Route to School, Bike Route Plans, HSIP As a Traffic consultant Ms. Robbins is called upon to complete a variety of traffic reports and research Interacting with developers, community members, architects, Cities Public Works Departments, City Community Development Departments, Planning Departments, Counties Public Works, Traffic and Lighting, Regional Planning and Caltrans at local and regional levels. Some of the Traffic Manuals and reference materials that Ms. Robbins works with on a daily basis include: • ITE Trip Generation Manual • California Edition Manual of Uniform Traffic Control Devices (CAMUTCD) • A Policy on Geometric Design of Highways and Streets (AASHTO) • Highway Capacity Manual (HCM); California Vehicle Code (CVC) PROPOSAL FOR TRANSrECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-265 APPENDIX -RESUMES 26 MELISSA DEMIRCI, RSP, Project Manager, Grants Coordinator EDUCATION • BS, Civil Engineering, Cal Poly Pomona HIGHLIGHTS • Serves as a Traffic Analyst Engineer for several Traffic Authorities and Traffic Commissions • Secured over $20M in federal and state grant funds for various agencies • Completed Caltrans Resident Engineer Academy • Very familiar with the management and administration of federally funded projects in compliance with Caltrans Local Assistance Procedures Manual (LAPM) • Served as Office Engineer for Rte 71/Mission Grade Separation Project (Federally Funded, $40M project). • Served as Office Engineer for Rosemead Ms. Demirci has approximately 8 years of experience in Project Management, Transportation and Traffic Engineering, and Grant Writing. She has her BS Degree in Civil Engineering from Cal Poly Pomona. She is well versed in Caltrans and Local Assistance construction filing and document system. She served as Office Engineer responsible for all Caltrans documentation as well as Community Outreach for the Rte 71/Mission Grade Separation Project (Federally Funded, $40m), Washington BI Widening and Reconstruction Project (Federally Funded, $38m), and the Bogert Trail Bridge Widening Project ($5M). Her rolls Included all community correspondence, community meeting presentations and organization, public notices, etc. Ms. Demirci also prepares grant applications and helped facilitate over $20 million in funding for clients' public works and transportation Improvement projects. She has worked in the Public Works Department and assists In the preparation of staff reports, contract administration, RFP preparation, CIP Budget preparation, bid analysis, budgeting, traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, traffic calming reports, and responding to requests from Public and City Officials. She also prepares grant applications for transportation related projects Including detailed figures, diagrams, and exhibits. Ms. Demirci regularly attends Traffic Commission and City Council Meetings presenting on various items. Her Prior experience includes working as in the Energy and Environment Department of the Mayor's preparing infrastructure grants and project management for 3 years at the City of Los Angeles while completing her civil engineering degree at Cal Poly. Examples of her project experience includes: Traffic and Transportation Engineering Experience (2010-present) • Traffic Commission: As part of Transtech's Municipal Services Contract, Ms. Demirci also assists in the preparation of traffic safety and calming studies, stop and signal warrants/studies, traffic impact studies, calming reports, responding to requests from Public and City Officials. She also attends Traffic Commission meetings and assists in presentations of reports. This task included conducting existing inventory counts in the field and assisting cities to come up with solutions to parking demands. Eneineerinn and Radar Speed Survey for Various Cities: This task included the radar field survey, field observations, and calculation of 85th percentile speeds, preparation of city maps and preparation of report. Various Cities some of which include: City of Alhambra and City of Temple City PROPOSAL FOR .i." TRANSrECI! ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-266 APPENDIX -RESUMES 27 Boulevard Complete • School Site Review: This task includes the observation and Streets Project analysis of school sites as related to traffic and safety. This Includes (Federally and State suggesting drop off/pick up procedures for parents and buses, Funded, $20M project). driveway assessment and signage. Prior experience Safe Route to School Program: This task Includes field review of Includes working as in existing signing, striping, school drop off, pick up, school the Energy and crosswalks, sidewalks, crossing guard locations and the Environment identification of future measures that will improve the traffic safety. Department preparing Sample programs were conducted for: City of Alhambra — City-wide Infrastructure grants as needed; City of Temple City — City-wide as needed; City of and CIP project Huntington Park— City-wide as needed management for 3 years at the City of Los Public Works Department Experience (2010-present): As part of Angeles. Transtech's Municipal Services, Ms. Demirci provided services to various client cities as assistant to the Public Works Director and City Engineer. Her tasks include: • Preparation of CIP Budget (5-year CIP budget $100M+) and attend and participate in meetings and conferences with City boards and commissions, City departments, public officials, professional organizations and contractors regarding requirements for public works projects, land development/subdivision projects and other matters relating to areas of assigned responsibilities. As well as prepare Staff Reports and Presentations for Council Meetings, Commission Meetings, and Ad -Hoc Committees as well as a variety of reports, correspondence and special studies. Grant Writing Experience (2010-present): Ms. Demirci also prepares grant applications for transportation projects, awarded grants she worked on, below is a partial listing: • City of Rosemead: 2015 Metro (MTA) Call for Projects, Garvey Avenue Regional Access & Capacity Improvement Project, Award Amount: $2,315,305 • City of Rosemead: 2015 Highway Safety Improvement Project (HSIP) Cycle 7, Installation of HAWK system, Award Amount: $241,300 • City of Monterey Park: 2015 Metro (MTA) Call for Projects, Monterey Pass Road Complete Streets Bike Project, Award Amount: $1,993,627 • City of Alhambra: 2013 Metro (MTA) Call for Projects, Alhambra Ped Improvement/Walking Viability Project on Valley, Award Amount: $323,427 • City of San Gabriel: 2015 Highway Safety Improvement Project (HSIP) Cycle 7, Signal Safety Enhancements Project, Award Amount: $569,800 • City of San Gabriel: 2016 Highway Safety Improvement Project (HSIP) Cycle 8, Install overhead flashing beacon, Award Amount: $270,200 I- PROPOSAL- FOR irraNsrEcH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 25F-267 APPENDIX -RESUMES 28 • City of Huntington Park: 2015 Active Transportation Program (ATP) Cycle II I, Citywide Uncontrolled Crosswalk Pedestrian Safety Enhancement Project, Award Amount: $1,757,000 • City of Huntington Park: 2016 Active Transportation Program (ATP) Cycle II, Uncontrolled Crosswalk SRTS Ped Safety Project, Award Amount: $1,032,000 • City of Cudahy: 2015 Active Transportation Program (ATP) Cycle II, Wilcox Avenue Complete Streets and SRTS Project, Award Amount: $1,344,000 • City of Cudahy: 2015 Metro (MTA) Call for Projects, Cudahy City Wide Complete Streets Improvement Project, Award Amount: $2,134,449 • City of Cudahy: 2015 Highway Safety Improvement Project (HSIP) Cycle 7, Salt Lake Ave Safety Project, Award Amount: $363,180 • City of Cudahy: 2016 Active Transportation Program (ATP) Cycle III, Atlantic Ave Bicycle and Ped Enhancement Project, Award Amount: $1,784,000 • City of Pico Rivera: 2016 Highway Safety Improvement Project (HSIP) Cycle 8, Sign Improvements, Award Amount: $696,300 • City of Commerce: 2013 Metro (MTA) Call for Projects, Commerce Goods Movement Atlantic Blvd: Washington to Como, Award Amount: $631,137 • City of Commerce: 2016-17 Rubberized Pavement Grant Program (Cal Recycle), Award Amount: $281,400 PROPOSAL FOR TRANsrECH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-268 APPENDIX -RESUMES 29 JEFFREY KAO, PE, CASp, CBO, ]CC Certified Building Official, Plans Examiner, Inspector EDUCATION University of Califomia, Los Angeles (UCLA), Masters In Civil Engineering with emphasis in Structural /Earthquake Engineering California State Polytechnic University Pomona, BS in Civil Engineering REGISTRATION • California Registered Civil Engineer no. 66742 • California Certified Access Specialist no. 755 CERTIFICATIONS • Certified Building Official • California Building Plans Examiner • CalGreen Inspector • CalGreen Plans Examiner • Mechanical Plans Examiner • Plumbing Plans Examiner • Building Inspector Mr. Kao has over 20 years of experience and has been working at Transtech as Deputy Building Official, Senior Plans Examiner, On -Site Over the Counter Plans Examiner and performed plan checks for a variety of residential and commercial projects in Cities of Alhambra, South Pasadena and Temple City. Mr. Kao has broad knowledge of building and safety operations, Including working in the capacity of Deputy Building Official and Plans Examiner. As Plans Examiner, he is responsible for examination and approval of architectural and structural plans submitted to municipalities for a wide variety of projects ranging from small residential additions to large, multistory commercial and industrial facilities. As Deputy Building Official, he provides necessary code interpretations, and coordinates with agency staff and departments, and applicants on building and safety related Issues. He also provides over the counter plan check as Deputy Building Official/Plans Examiner. His past experience includes working as a structural engineer for 4 years at a structural design firm. He was involved in various projects, including Mid -rise Steel Commercial Buildings, Steel Industrial High Bay Facilities, Wood Framed Public/Private Schools and Education Centers, Reinforced Concrete Masonry Studios and Auditoriums and Spreading Footing, Mat, Pile Foundation Design. His diversified experience gives him an excellent knowledge and understandings of "both sides of the counter.' Mr. Kao has extensive experience in Building Codes, plan check including building, grading and NPDES plan reviews, code interpretations and resolving code related construction and plan check problems on a broad range of residential and commercial projects. HIGHLIGHTS • Bilingual in Chinese • Computer Aided Drafting: AutoCAD, Microstation • Computer Aided Structural Analysis: SAP, STAAD • Chinese Cantonese and Mandarin Speaker • Extensive experience in Structural Plan Check • Experience includes working as structural designer at a structural firm. • Served as Deputy Building Official for a number Contract Cities 1' J PROPOSAL FOR &ANSIEch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-269 APPENDIX -RESUMES 30 CEM AYAN, PE, ICC Certified Plans Examiner and Inspector EDUCATION • M.S. in Civil Engineering, Colorado State University, emphasis in structures • B.S. in Civil Engineering REGISTRATION • Registered Civil . Engineer • ICC Plans Examiner • ICC Inspector HIGHLIGHTS • Experience Includes working as Construction Engineer and Structural Design Engineer. • Construction experience with site start-up, site grading/paving/concrete work, excavation, backrill, vertical survey, storm & wastewater collection, shallow/deep foundation, structural work, M&E, brickwork, gable/hip/flat roof, interior/exterior architectural finish and CM/PM activities Mr. Ayan has approximately 20 years of experience in engineering and construction. His experience includes working as Construction Engineer and Structural Design Engineer. His experience includes both working for a construction company as construction engineer and for consulting firms design firms as design/field construction engineer. His field construction experlence Includes site start-up, site grading/paving/concrete work, excavation, backrill, vertical survey, storm & wastewater collection, shallow/deep foundation, structural work, M&E, brick work, gable/hip/flat roof, interior/exterior architectural finish and CM/PM activities. His recent experience at Transtech Includes serving as Deputy CM and Re for TACC Cultural Center Development, Lanham, MD. This project Involved construction of a 310,000 square foot development that included five buildings over an underground parking garage; subterranean swimming pool and basketball court; a cultural center with auditorium and museum space; a fellowship hall with restaurant; a 16 unit apartment building and a religious facility. His prior experience includes working for nation-wide architectural, engineering and construction management companies, such as Short Elliott Hendrickson Inc. and HDR Inc. Prior to moving to US in 2006, he worked for a large construction company oversees as field construction engineer. He supervised a team of technical staff and oversaw both design and construction of a number of projects, including buildings, structures and bridges. His specific experience in oversees included working as filed construction engineer for Baki Group on various projects, supervising and coordinating the construction activities along with construction management activities supporting Sr. Project Managers for various projects, including: • Ten -Story Reinforced Concrete Residential Buildings • Two -Story Reinforced Concrete School Building • Waste Water Treatment and Infrastructure Construction" • Renovation of Antique Side Amphitheater • Museum Showroom Construction • University Sports Academy Construction • Sewage Network System Construction Other Highlights: • FHWA-NHI-130055 Safety Inspection of In -Service Bridges Certification • Experience with AASHTO Standard Specifications, AASHTO LRFD, AREMA, AISC-ASD, AISC-LRFD, Manual for Condition Evaluation of Bridges, Standard Specifications for Structural Supports, ACI 318, ACI 350, IBC Design experience with reinforced concrete, prestressed concrete, steel and aluminum PROPOSALFOR C TRAIVSfECfi ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-270 APPENDIX -RESUMES 31 ALI CAYIR, PE, Principal, QC/QA EDUCATION • BS Engineering • MBA • Project/Construction Management, UC Irvine REGISTRATION • Registered Civil Engineer • Licensed Gen Contractor A • Licensed Gen Contractor B HIGHLIGHTS • 30 years of experience In City Engineering. • Served as contract City Engineer and City Traffic Engineer for many Cities. • City of Alhambra - Contract City Engineer/City Traffic Engineer. • City of Hanford -Former City Traffic Engineer. • City of La Habra Heights -Former City and Traffic Engineer • City of Pomona -Former Interim City Engineer. • City of Commerce - Assistant Public Services/City PW Engineer. • Extensive experience in Mr. Cayir has over 30 years of experience in engineering. He has participated on numerous multi -disciplinary teams dealing with the planning and development of civil and traffic engineering, urban and rural development, and public works projects. He served as Principal Project Manager for the design, construction and management of a variety of projects, including: • Public Works and Infrastructure Improvements • Educational and University Campuses • Institutional • Commercial and Retail • Transportation and Parking Facilities • Residential and Master Community Development Mr. Cayir served as contract City Engineer, Traffic Engineer and Interim Public Works Director for many municipalities in Southern California. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutlons to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Municipal Engineering Assignments (past and present) • City of Alhambra -Contract City Engineer/City Traffic Engineer • City of Temple City -Contract City Engineer/City Traffic Engineer • City of Commerce -Interim City Engineer/City Traffic Engineer/PW Director • City of Hanford -City Traffic Engineer • City of La Habra Heights -City Engineer/City Traffic Engineer • City of Pomona -Interim City Engineer • City of Commerce, Interim W Director/City Engineer/Traffic Engineer • City of Bellflower, Deputy City Engineer • City of Cudahy, CIP Manager • City of San Bernardino, CIP Manager • City of Huntington Park, City Engineer Construction Management Experience Mr. Cayir has served as CM, PM, RE for numerous construction projects. He has extensive experience in Federally Funded Projects. Mr. Cayir also served as contract City Engineer for many municipalities. Some of the significant projects where Mr. Cayir served as CM/PM/RE/Project Principal include: • Washington Boulevard Widening and Reconstruction Project (Federally Funded), City of Commerce ($30m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. The project includes widening and reconstruction of 2.7 miles of Roadway (including approx. 3,500 tons rubberized AC overlay). The project is federally funded and being managed in compliance with Caltrans Local Assistance Procedures Manual. • Rosemead Boulevard Improvements Project, City of Tempe City (Federally Funded) ($20m). Transtech provided CM/Resident PROPOSAL FOR TIMANECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-0" 25F-271 APPENDIX -RESUMES 32 grant programs. Engineer, Inspector, Office Engineer Services. The project included Secured over $20m in widening and reconstruction of 2 miles of roadway (including approx. funding for during last 2 6,000 tons rubberized AC overlay). The project was federally funded cycles of MTA Call for and managed in compliance with Caltrans Local Assistance Projects Applications. Procedures Manual. • Extensive experience in Cactus Avenue and Nason Street Improvements and 135' Span Bridge working with Caltrans, Project, City of Moreno Valley ($21m). Transtech provided County of Los Angeles CM/Resident Engineer, Inspector, Office Engineer Services. The and other regional funding included State Local Partnership Program (SLPP) grant and agencies and Utility was inspected and managed in compliance with Caltrans Local Companies. Assistance Procedures Manual. • Extensive experience In Rte 71/Mission BI Grade Separation Project (Federally Funded) City of NPDES requirements. Pomona ($40m). Transtech provided CM/Resident Engineer, • Extensive experience in Inspector, Office Engineer Services. Project was Inspected and the management and managed in compliance with Caltrans Local Assistance Procedures administration of Manual. Caltrans was the oversight/jurisdictional Agency. federally and state Bogert Trail Bridge Widening Project (Federally Funded), City of Palm funded projects in Springs ($5m). Transtech provided CM/Resident Engineer, Inspector, compliance with Office Engineer Services. The project is federally funded and being Caltrans Local managed in compliance with Caltrans Local Assistance Procedures Assistance Procedures Manual. Manual (LAPM). Eastern Avenue Street Rehab Project, City of Commerce ($1.5m). • Served as Resident Transtech provided CM/Resident Engineer, Inspector, Office Engineer Engineer on several Services. Funded by Measure AA Funds. Project is being inspected Federally Funded and managed in compliance with Caltrans Local Assistance Projects. Procedures Manual. Project involved Full Depth Reclaimed Pavement Rehabilitation. • 2016 Street Rehab Project, City of Commerce ($4m). Transtech provided Design and CM, Inspection Services. • SR2S, BTA and Pavement Rehabilitation Projects (State Funded), City of Temple City ($2m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Project involved pavement rehabilitation (rubberized AC overlay), curb and gutter, sidewalk, traffic signals, utilities, and other misc. improvements. • 710 Freeway Interim Improvements and Fremont Widening Project (Federally Funded), City of Alhambra ($15m). Transtech provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. Project also involved coordination with Caltrans for work at the 710 Freeway ramps under Caltrans Encroachment Permit. • Via Duct Boulevard/2nd St Realignment and Metrolink Parking Facility, City of San Bernardino ($6m). Provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed In compliance with Caltrans Local Assistance Procedures Manual. • New Avenue, from North to South City Limit Rehabilitation and ADA Improvements Project (Federally Funded), City of Alhambra ($2m). Provided CM/Resident Engineer, Inspector, Office Engineer Services. OIL PROPOSAL FOR TRANSTECH ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-272 APPENDIX -RESUMES 33 Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • Garfield Rehabilitation and ADA Improvements Project (Federally Funded), Alhambra ($2m). Provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • Main Street Rehabilitation, from West to East City Limit Project, City of Alhambra ($3m). Provided CM/Resident Engineer, Inspector, Office Engineer Services. Project was Inspected and managed in compliance with Caltrans Local Assistance Procedures Manual. • CSUSB (Cal State SS University) San Bernardino Main Access Road: Prepared PS&E and provided construction administration for the project. Cost $5m. • City of Commerce, Rosewood Community Center. Transtech was retained by the City to take over the management of this multimillion dollar facility which was 2 years behind schedule. Within 5 months, Transtech brought the construction to substantial completion level allowing the City to start the move -in process, and 2 months after, the facility was opened to public use. Currently, Transtech is assisting the City in claims analysis and change order resolution. Construction Cost: $15m. • City of Alhambra Downtown Revitalization Program: Involved 11 projects, including Renaissance Plaza (multi-plex theater, public plaza with fountain and unique art features, restaurants, retail, 800 space parking structure), Fremont Plaza (modifications/reconstruction of existing buildings for lease by ToysRUs and Party City, construction of a new 30,000 SF store for PetSmart, and various other retail buildings) and Downtown Revitalization (modification/upgrade of existing buildings for Starbucks, 4 Restaurants and various retail businesses). (Cost: $80m). • City of Alhambra 4 parking structures: Transtech served as turn -key project manager, including management of design, construction, building plan check and inspection, federal funds, labor compliance for 4 parking structure projects. Chapel: 4 stories, 300 space structure; First Street: 4 stories, 276 space structure; Garfield: 5 stories, 800 space structure. Cost $15m; North First Street Mosaic: 5 stories, 320 space structure, Cost $6m. Civil Engineering Experience 1-710 Freeway Interim Improvements and Fremont Widening and Reconstruction: Transtech provided Turn -key Services, including Program Management, Construction Management, Design, Surveying, Right -of -Way Engineering, and Environmental. The project included major roadway improvements, removalldemolition of various buildings for additional right-of-way and reconstruction of buildings behind new right-of-way, traffic signals, infrastructure, utilities, pavement, drainage, water, sewer, landscape, street lighting, traffic signal, pavement improvements. Project was funded by Federal Funds, and was managed and inspected in compliance with Caltrans Local Assistance Procedures Manual. (Cost $15m). PROPOSAL FOR TRANSTECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19.00 25F-273 APPENDIX -RESUMES 34 • University Park Development/San Bernardino: The project included 2 miles of new roadway, sewer, water, utility and extensive hill side grading for a master planned residential and commercial development on 130-acre site across from the San Bernardino State University, Cost $40m. • City of Torrance, Crenshaw Reconstruction, Skypark Improvements, 1901/Crenshaw Widening: Design, construction management services, including inspection, surveying, resident engineer, federal compliance, labor compliance. Project was funded by Federal Funds, and was managed and inspected In compliance with Caltrans Local Assistance Procedures Manual. Cost: $5 m. • Valley Boulevard Widening and Reconstruction project which is funded by State and Federal funds and required complete project and environmental report, including Right -of -Way, Relocation, SHPO, NEPA, SEQA, Noise, Parking, Economic, Hazardous Materials technical studies, and processed through Caltrans and FHWA. Construction cost ($6m). • Carlsbad to San Diego Rail Trail Project Report, which is funded by State and Federal funds and required complete project and environmental report, including Right -of -Way, Relocation, SHPO, NEPA, SEQA, Noise, Parking, Economic, Hazardous Materials technical studies, and processed through Caltrans and FHWA. • City of Commerce's Tubeway and Yates Avenue Rehabilitation Project. The projects involved roadway rehabilitation and reconstruction. Transtech also provided construction management services for the project. Cost: $300,000. • City of San El Monte Annual Street Rehabilitation Program, 98, 99, 00, 01. The projects involved roadway rehabilitation and reconstruction, storm drain, water and sewer design on various streets. Cost: $3,000,000. • Alameda Corridor Agency East (ACE) Rail Grade Crossing Improvement Project encompassing 6 agencies and 14 locations in Los Angeles County. Work involved roadway realignment and reconstruction, signalization, traffic control, and construction phasing as well as related improvements such as storm drain, water, sewer landscaping, underground utilities, etc. Cost $5,000.000. • City of Alhambra Annual Street Rehabilitation Program, 94 through 01. The projects involved roadway rehabilitation and reconstruction, storm drain, water and sewer design on various streets. Transtech also provided construction management services for the project. Project Cost: $3,000,000. Project Principal for design of City of San Clemente's annual street rehabilitation program. The project involved roadway rehabilitation and reconstruction, storm drain, water and sewer design on various streets. Cost $1,000,000. • Reconstruction and rehabilitation of Crenshaw Boulevard and Skypark Avenue (two separate projects) in the City of Torrance. Cost $3,000,000. • Valley Boulevard street medians, striping, landscape, and Irrigation improvements, Alhambra, Cost $600,000. Traffic Engineering Experience PROPOSAL FOR rirnns�ch ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 25F-274 APPENDIX -RESUMES 35 Design and management of a variety of traffic and transportation engineering projects, including traffic signals (more than 1000 locations), traffic signal interconnect system, street lighting, traffic control, signing and striping design; signal timing and coordination studies; traffic signal management studies; traffic safety projects (OTS) including traffic control device inventories and speed surveys; traffic impact and parking studies for more than 100 projects; and feasibility studies for traffic control measures, freeway access, bikeways and street improvements. Mr. Cayir has also served as consultant Traffic Engineer for various agencies in Southern California. Project Manager/Engineer for the preparation of ramp metering, count station, traffic signal, highway lighting, sign lighting, construction signing, pavement delineation, communication, and other traffic related plans for several state highways and freeway improvement projects Involving Caltrans Districts 7, 8 and 12. Project Manager for the preparation of traffic signal modifications and Installation, Interconnect and radio corrected time base system Installation plans and estimates in conjunction with traffic signal synchronization projects for various arterials in Los Angeles County Including Garvey Avenue, El Segundo Boulevard, Crenshaw Boulevard, Slauson Avenue, Rosecrans Avenue, Arrow Highway and Huntington Drive/Alosta Avenue/Foothill Boulevard. Signal modification improvements included equipment upgrades, signal phasing upgrades and installation of radio correct time base units (WWV) for signal coordination as well as physical intersection improvements. Project Manager for the preparation of signal timing and coordination plans for multiple locations on major arterials in Los Angeles County including Main Street, Garvey Avenue, Crenshaw Boulevard and Slauson Avenue utilizing state-of-the-art computer software. Project Traffic Engineer for the proposed Materials Recovery Facility in the City of Industry. This project involved the preparation of a comprehensive area wide traffic impact study to identify the potential impacts associated with development of a proposed Materials Recovery Facility (MRF) in the City of Industry. The study area encompassed 32 intersections and several freeways such as SR 60 and SR 57. The study also included an evaluation of cumulative impacts associated with 22 planned projects located within the sphere of influence of the study area. In addition, separate analyses were conducted to determine the potential impacts of developing the MRF at alternative sites. PROPOSAL FOR T94NSrECh ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO.19-045 25F-275 APPENDIX -RESUMES 36 CRAIG MELICHER, PE, CBO, Sr. VP, Staff Training EDUCATION • BS in Civil Engineering, CalPoly, Pomona • Various Construction Management Classes at UCLA, including: o Legal Aspects of Construction Management o Primavera based Construction Scheduling Software REGISTRATION • State of California Registered Civil Engineer HIGHLIGHTS • Served as City Engineer and Building Official for 6 Cities. • Experience in working with State Architect's Office. • Diversified experience in both Type A (General Engineering) and Type B (Building) projects. • Experience in federally funded project management. Mr. Melicher has 35 years of experience in as Building Official, City Engineer and Construction Manager. Under Transtech's Municipal Service Contracts, he served at approximately 10 Cities in various capacities, such as Contract Building Official, Deputy Building Official, Plan Checker, Inspector, City Engineer and CIP Manager. He successfully Implemented the transition of City Engineering and/or Building Department Services for a number of local agencies in California. He has extensive experience in construction, California Building Codes, building and safety plan check and Inspection, code interpretations, and resolving code related construction and plan check problems on a broad range of residential, commercial and public works capital improvement projects. He has a broad knowledge of municipal government operations, including preparation and presentation of staff reports/resolutions to city councils, committees and interaction with public, various city departments, city council and other governmental agencies. Mr. Melicher has served as Principal Manager for a wide variety of projects. Depending on the speck project, Mr, Melicher's services included everything from initial concept to project close-out. As each project faced its own unique challenges, Mr. Melicher was able to employ his extensive public agency background to insure the most expedition and cost effective solution to each respective challenge, especially where, as Program Manager, Mr. Melicher was specifically responsible for acting on behalf of and insuring the best interests of the project's client. His experience includes serving as Owner's Representative and Construction Manager for large and complex construction projects, such as public works/infrastructure, community center, city hall, library, parking structure, movie theaters, retail centers, etc. Mr. Melicher also provided his expertise in the construction field serving as an expert witnesses for construction claims and defects. He has a strong background on the legal aspects of project and construction management and is particularly well versed in California statutes regulating all types of publicly funded construction. Mr. Melicher also provides training, and establishes procedures for project, construction and program management to local governmental agencies. He led a team of experts in the preparation of a very extensive Project, Program and Construction Management Procedures Manual for the public agency to assist the department in developing and implementing efficient and state of the art project management practices and procedures to better serve the operational needs of the department, as well as ensuring the delivery of good customer service to its clients. PROPOSALFOR ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 25F-276 TRANSTECA 19-045 EXHIBIT B Submitted To City of SANTA ANA 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Attn.: Taig Higgins Public Works Agency; M-43 SEALED PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES RFP NO.19.045 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL. n Submitted By TRANSTECH Engineers, Inc. Contact Person: Ahmad Ansari, PE, Principal E: ahmad.ansari@transtech.org C:949-702-5612 0:909-595-8599 25F-277 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-278 3. FEE PROPOSAL 25F-279 THIS PAGE IS INTENTIONALLY LEFT BLANK 25F-280 3. FEE PROPOSAL 3.1 a. COVER LETTER June 13, 2019 City of SANTA ANA 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 Aft: Talg Higgins Public Works Agency; M-43 Subject: FEE PROPOSAL FOR ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 Dear Mr. Higgins: Per RFP instructions, Fee Proposal Is submitted in a separate envelope. u : TRANSTEch 13367 Benson Avenue Chino, CA 9%7io www.transrech.org 855.595.2495 (toll -free) I50 9001:2015 Certifled Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact us. Sinc reI ;Z Ahmed Ansari, PE, Principal ahmad.ansarina-transtech.og1 ; O: 909-595-8599; C: 949-702-5612; www.transtech.ora PROPOSAL FOR ?aaksrxk ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19.045 25F-281 3. FEE PROPOSAL 3.2 Sample Fee Proposal Consultant shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. The proposer shall complete this form and include it along with the billing rates breakdown. This schedule will be used for comparison purposes only. PROPOSER FEE RATE SCHEDULE TRANSTECH ENGINEERS, INC. June 12, 2019 TITLE Project. Engineer Senior Civil Engineer (PE, License Required) Assistant Engineer II Assistant Engineer I Engineering Aide.. CADD- Designer GIS- Analyst Land Surveyor (LS, License Required) Project Manager Field Inspector (Construction) Building Inspector (Buildings) Storm Water Coordinator Plan Check Engineer Map Checker Senior Accounting Assistant Accounting Assistant Administrative Assistant Contract Administrator Permit Parking Assistant (') Per Q & A Issued by City on 6-11.19, range is acceptable BILLING RATE Range (") $165 - $185 $160 - $180 $130-$140 $120 - $130 $110 - $120 $125 - $140 $120-$135 $150 - $165 $175 - $i90 $120 - $135 $120 - $135 $165 - $175 $130 - $150 $130 - $150 $120 - $130 $110 - $120 $75 - $85 $145 - $160 $75 - $85 Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. PROPOSAL FOR TenNS.F,Wh� ENGINEERING, TECHNICAL AND ADMINISTRATIVE SUPPORT SERVICES, RFP NO. 19-045 25F-282 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE A SIX MONTH EXTENSION TO SECOND AMENDED AGREEMENT FOR PARAMEDIC/MEDICAL BILLING AND COLLECTION SERVICES WITH WITTMAN ENTERPRISES, LLC FOR UP TO $200,000 {STRATEGIC PLAN NO. 7, 5F} CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER T CITY10kNAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute a six month extension to the second amended agreement with Wittman Enterprises, LLC, ("Wittman") effective July 1, 2019 through December 31, 2019, extending the current two-year agreement that expired on June 30, 2019, for an amount of $200,000 subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury & Customer Service Division of the Finance and Management Services Agency ("Treasury Division") is responsible for administering the City's paramedic/medical billing and collection services agreement. The task is accomplished utilizing a third party agent/provider, Wittman Enterprises, LLC (Wittman). The primary tasks for Wittman are as follows: 1) Seek reimbursement for emergency medical services and transport that the City provides through Orange County Fire Authority (OCFA) and the City's third party ambulance service provider, CARE Ambulance 2) Comply with Medicare, Medi-Cal and private insurance requirements; and 3) Facilitate alternate methods of repayment with patients. In April 2014, the City released a Request for Proposals (RFP) for paramedic/medical billing and collection services. Wittman was the sole qualifying responding agent/provider and was awarded a three-year contract (#A-2014-145) from July 1, 2014 through June 30, 2017 followed by an additional two-year amendment (#A-2017-120) expiring June 30, 2019. Wittman's fees are contingent upon successful billing and collection of paramedic/medical services provided 25G-1 Second Amended Agreement for Paramedic/Medical Billing and Collection Services with Wittman Enterprises, LLC July 16, 2019 Page 2 through the City's contracts with the OCFA and CARE Ambulance. Under the terms of the current two-year amendment, Wittman's fee rate is 6.3% of revenue collected. Consideration was originally given to "piggy -backing" on an RFP issued by the City of Anaheim for similar services for which Anaheim awarded a contract in May 2019. However, after detailed analysis by Treasury Division staff, the range of billing services support provided by Orange County Fire Authority, while similar to that provided by the City of Anaheim Fire Department, does not sufficiently match the first responder billing services requirement under the City of Anaheim's Request for Proposals. Consequently, the City's purchasing policy requirements for piggy -backing on another local agency's RFP and contract cannot be met. Extending the current agreement for an additional six months will allow the City time to independently prepare and release an RFP in connection with future paramedic/medical billing and collection services for the City. City staff anticipates releasing the RFP in early September 2019 and proposing a contract for City Council approval in December 2019. Largely as a result of Wittman's efforts, the City's General Fund is in receipt of approximately $5.1 million dollars related to Paramedic Services Charge (revenue account) from July 2018 through May 2019. As a result, Wittman's fees for the period July 2018 through May 2019 is approximately $300,000 (or 6.3% of revenues collected). STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization, Strategy F (explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT Funds for the proposed extension (July 2019 through December 2019) are budgeted and available in the amount of $200,000 in the General Fund — Fire Suppression/EMS account (no. 01115330-62300). &u Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibit: 1. Agreement WH:JI 25G-2 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT, made and entered into this 16rh day of July, 2019 by and between Wittman Enterprises, LLC, a California Limited Liability Company (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into an ambulance and paramedic billing and collection services agreement for the City's Emergency Medical Services (EMS) and Emergency Medical Transport Services (EMTS) Programs (Agreement #A-2014-145) dated June 17, 2014 (hereinafter "said Agreement") by which Consultant has provided ambulance and paramedic billing and collection services to the City. B. The original Term of said Agreement was three (3) years effective as of July 1, 2014 and ending June 30, 2017. C. In accordance with the terms and conditions of said Agreement, the parties mutually agreed to amend the Term, Scope of Services, and Compensation to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019 (hereinafter "First Amendment to Agreement") #A-2017-120. D. The parties now wish to enter into a further agreement to amend the Term of the Agreement to provide for an additional six (6) month period beginning July 1, 2019 and ending December 31, 2019 (hereinafter "said Second Amendment to Agreement"). NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Section 1 of said First Amendment to Agreement, "SCOPE OF SERVICES" shall remain operative and in effect during the amended Term of this Second Amendment to Agreement. 2. Section 2 of this Second Amendment to Agreement, "TERM" shall be amended as follows: This Second Amendment to Agreement shall commence on July 1, 2019 and terminate on December 31, 2019, unless extended by subsequent amendment of this Agreement or terminated earlier in accordance with Section 12 of said Agreement. 3. Section 3, subsection ii of said First Amendment to Agreement, "COMPENSATION" shall remain operative and in effect during the Term of this Second Amendment to Agreement. 25G-3 4. This Second Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. 5. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. /// (Signatures on following page) 25G-4 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written, ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM:: SONIA R. CARVALHO City Attorney By. LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs, Executive. Director Finance & Management Services Agency CITY OF SANTA ANA. KRISTINE RIDGE City Manager CONSULTANT: KathryGarcia Vice -President Wittman Enterprises, LLC FEIN # 68-0456021 25G-5 25G-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE AGREEMENT WITH AMERICAN CAPITAL ENTERPRISES, INC. AND SECOND AMENDMENT WITH PENNCREDIT FOR COLLECTION AGENCY SERVICES (STRATEGIC PLAN NO. 4, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Authorize the City Manager and Clerk of the Council to execute an agreement with American Capital Enterprises, Inc. for a for a five-year period effective July 1, 2019 through June 30, 2024, for referral of delinquencies beginning July 1, 2019, subject to non -substantive changes approved by the City Manager and City Attorney. 2) Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with PennCredit for a two-year period effective July 1, 2019 through June 30, 2021, for referral of existing delinquent accounts placed prior to June 30, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury & Customer Service Division of the Finance and Management Services Agency (Treasury) is responsible for assuring the collection of all monies due to the City. Treasury has an in-house collection program, to which delinquent account referrals from all agencies of the City are received, including but not limited to: Municipal Utility Services, Dog Licensing, Business Licensing, and Miscellaneous Accounts Receivable. In addition, the City contracts outside billing and collection services for paramedic services and parking ticket collection services. When the City's in-house and third party collection programs are unable to satisfy debts owed to the City, those debts may be transferred to an outside collection agency for continued collection services. Furthermore, the referral of delinquent accounts to third -party collection agencies is an efficient method in managing debts owed to the City. Previous agreements with American Capital Enterprises, Inc. ("ACE") and Penn Credit Corporation (`PennCredit') expired on June 30, 2019. 25H-1 Agreements for Collection Agency Services July 16, 2019 Page 2 Accounts Receivable Process The current City process provides for the issuance of a minimum of three City issued collection letters. The letters are sent to individuals and companies who fail to pay monies owed to the City. Collection letters inform individuals and companies of the outstanding debt and may provide alternatives for payment. The City strives to ensure that a resident or business is provided an opportunity to make a payment prior to sending their account to collections for further efforts. Often times this may include a payment plan. If a customer fails to respond or does not adhere to a mutually agreed upon payment schedule, the matter is assigned to a third party collection agency. The Federal Fair Credit Reporting Act (FCRA) sets guidelines for one of the primary methods the City's outside collection agency employ, which includes reporting outstanding debt to credit reporting agencies. Effective September 2016, there are two types of debt categories under the Federal Fair Credit Reporting Act (FCRA): 1) "Permissible Debt" such as, unpaid utility billings, unpaid paramedic billings, and any unpaid sums relating to City services which were electively sought or contracted for from the City; and 2) "Prohibited Debt" such as, taxes, licensing and permit fees, parking citations, towing & impound fees/costs, administrative code violations, and damage to City property. Permissible debts may continue to be reported to credit reporting agencies; prohibited debt may not. RFP Process On March 29, 2019, a notice inviting bids was advertised on the City's online bid management and publication system as Request for Proposals #19-024: Collection Agency Services. A summary of the solicitations and the proposals received is as follows: 250 Vendors were electronically notified 38 Vendors downloaded the Request for Proposals packet 12 Proposal Responses received 0 Proposal Responses received from City of Santa Ana Vendors A committee comprised of four City staff members reviewed and evaluated the proposals received based on the following criteria: • Thoroughness and understanding of the tasks to be performed • Background and experience in organizational analysis evaluation • Firm's expertise and overall experience of personnel assigned to the work • Time required accomplishing the requested services • Responsiveness to requirements of the project • Public sector experience in a municipal setting, conducting similar services • Cost to the City 25H-2 Agreements for Collection Agency Services July 16, 2019 Page 3 Of the 12 responsive bids received, the top six rated vendors were invited to a teleconference interview for an opportunity to clarify and showcase their reporting and collection capabilities. The teleconference interviews concluded on June 21, 2019, resulting in the final rankings below: Vendor Points (100 max.) 1. American Capital Enterprises, Inc. ("ACE") 95 2. Professional Credit 93 3. Rash Curtis & Associates 86 4. IC Collection Services 83 5. Sequoia Financial Services 81 6. States Recovery Systems, Inc. 78 American Capital Enterprises, Inc. (ACE) was the most responsive to the evaluation criteria requirements and the highest ranking proposal. Subsequent to ranking ACE's proposal highest, City staff negotiated reductions in several of the recovery fee rates for ACE's services which are now as follows: Proposed Recovery Final Negotiated Collection Services Rates Recovery Rates First Placement Accounts 19% Contingency 17% Contingency Legal Action Accounts 40% Contingency 30% Contingency Early Out Programs (Accounts Assigned to collection 12% Contingency 12% Contingency within 120 days of billing) Process in referring Delinquent accounts to a Third -Party Debt collection industry standards refer to First placement accounts as debt initially placed with a collection agency and managed by accounts receivable personnel. The City will be in receipt of 83% of revenue collected by ACE (100%, less 17% contingency). Legal Action accounts refer to accounts handled by an attorney. Due to the nature and complexity in handling these accounts, the City will be in receipt of 70% of revenue collected by ACE (100%, less 30% contingency). Early out Programs refers to accounts referred by the City to ACE, within one -hundred twenty days (120) days of billing. Due to the nature and attempts by staff to provide customers of the City alternative payment methods, utilization of this service may be intermittent. However, if the City chooses to utilize this service it will be in receipt of 88% of revenue collected by ACE (100% - 12% contingency). Staff recommends approval and authorization to award a five (5) year agreement with ACE for all collection accounts receivables initially placed for collection be -ginning July 1, 2019. Specifically, delinquent accounts will be referred to ACE only and not to any other third -party collection agency. 25H-3 Agreements for Collection Agency Services July 16, 2019 Page 4 Existing Delinquent Accounts (prior to June 30, 2019) To continue effectively collecting on existing outstanding debt balances, staff recommends approval and authorization to award a two (2) year agreement with PennCredit for prior placement collection agency services for all current delinquent accounts assigned to PennCredit prior to June 30, 2019. This recommendation is based on PennCredit's expert knowledge regarding the nature and collection status of these previously placed debts. In addition, the City will receive approximately 10% more revenue if PennCredit continues to manage previously referred delinquent accounts in comparison to ACE. Furthermore, staff estimates two years to be sufficient time to collect on aging delinquent accounts. Effective July 1, 2019, no new delinquent accounts have been or will be referred to PennCredit. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 — City Financial Stability, Objective 1 (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT As payment for services for both collection agencies is contingent upon successful collection, both ACE and PennCredit will independently share in the total revenue recovered from their individual efforts. There is no direct fiscal impact on any expenditure accounts of the City or its related agencies. Net revenues will be reduced by the contingency amounts payable to ACE and PennCredit for each matter referred to them and successfully collected. °" Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Agreement with American Capital Enterprises, Inc. 2. Second Amended Agreement with PennCredit UM 25H-4 EXHIBIT 1 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 16"' day of July, 2019, by and between -American -Capital Enterprises; -Inc; a California corporation (hereinafter "Consultant"),"and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of debt collection. B. On March 29, 2019, a notice inviting bids was advertised on the City's online bid management and publication system as Request for Proposals #19-024: Collection Services. Consultant was the highest ranked proposer. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES A. Consultant shall provide collection services in connection with overdue accounts receivable billings assigned by City, as set forth in Consultant's Proposal dated April 9, 2019, on file in the Santa Ana Purchasing Division and incorporated herein by reference as Exhibit A. Compensation rates shall be as set forth in Consultant's subsequent Negotiated Fee Proposal dated June, 26, 2019, on file in the Santa Ana Purchasing Division and incorporated herein by reference as Exhibit B. In performing said services, Consultant shall: Make concerted efforts on behalf of the City to collect all past due accounts assigned to Consultant. 2. Provide services on a contingency basis and retain commission on all monies collected on assigned accounts, whether paid to City or Consultant, at the following rates: 25H-5 EXHIBIT 1 (a.) For all first placement accounts receivable initially placed for collection with Consultant beginning July 1, 2019: i. 17% for accounts placed for standard collection; ii. 30% for accounts requiring City authorized legal action; iii. 12% for accounts that are part of Early Out Programs placed for collection with Consultant no more than 120 days from billing. (b.) For all second placement accounts receivable placed for collection with Consultant beginning July 1, 2019: i. 30% for accounts placed for standard collection ii. 30% for accounts requiring City authorized legal action (c.) For all second letter service ($20.00 per account). 3. Collect any interest accruing from the date of assignment, if allowed by law. 4. Obtain prior approval from City before initiating any legal action on an account. 5. Advance all legal costs in connection with approved legal action against any debtor. 6. Retain from first monies collected on a legal account, its advanced costs. 7. Remit to City all monies, less commission, by the 20`h day of the month following collection. 8. Provide written or electronic acknowledgment of account received from City. 9. Mail first notice to debtor within 24 hours of receipt of placement. 10. Provide City with monthly reports summarizing the activity on all accounts assigned to Consultant, including at a minimum: (a.) Total dollar value assigned (b.) Total dollar value collected (c.) Percentage collected on total dollar value assigned (d.) Number of accounts assigned (e.) Number of accounts on which payments received 2 25H-6 EXHIBIT 7 (f.) Number of payments received as a percentage of number of accounts assigned. 11. Allow City to cancel an assigned account at any time for a mistake or an error in assignment. 12. Allow City to audit an assigned account at any time. 13. Maintain a valid Collection License and bonding as required by the State of California, Bureau of Collection and Investigative Services. 14. Provide suggestions on methods to improve collection rates on an ongoing basis. B. City will: 1. Use reasonable care to assign bonafrde accounts receivable claims to Consultant. 2. Use its best efforts to verify any disputed amount. Warrant that first placement accounts assigned to Consultant have not been previously assigned to another collection agency and that no other collection agency has attempted to contact the debtor by letter service or otherwise in connection with said debt and understands the commission rates herein are based on this representation. Provided, however, that where City has contracted with a third party billing agent to bill and collect a certain category of debt, such third party billing agent's billing and collections efforts on behalf of City shall not be deemed to constitute a collection agency placement or assignment. 2. COMPENSATION Consultant shall retain commission on all monies collected on assigned accounts as set forth in Section 1, SCOPE OF SERVICES. 3. TERM This Agreement shall commence on July 1, 2019 and terminate on June 30, 2024, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional 25H-7 EXHIBIT 1 manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional Liability (Errors & Omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. Consultant shall supply City with fully executed additional insured endorsement(s) naming City as certificate holder upon execution of this Agreement. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material respect without thirty (30) days prior written notice to the City. Fl 25H-8 EXHIBIT 1 (iv) Due to the nature of services provided, Automobile Liability insurance is not required. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 5 25H-9 EXHIBIT 7 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Treasury and Customer Services Manager City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1964 Santa Ana, CA 92702-1964 telefacsimile (714) 647-5304 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 telefacsimile (714) 647-6515 To Consultant: American Capital Enterprises, Inc. 41870 Kalmia St., Ste. 120 Murrieta, CA 92562 telefacsimile (717) 695-3763 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. r 25H-10 EXHIBIT 1 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice of termination. Upon termination, the Executive Director of Finance and Management Services may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the 7 25H-11 EXHIBIT 1 laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. Accounts receivable for traffic or parking citations shall not be assigned by City to Consultant under the terms of this Agreement. Accounts receivable for alarm permits or false alarm charges may be no longer be assignable by City to Consultant effective January 1, 2020. d. In the event the provisions or the construction of terms of any Exhibit to this Agreement conflict with the provisions or construction of terms of these Recitals, then the provisions or construction of terms of these Recitals shall prevail. /// {Signatures on following page} H 25H-12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL Kathryn Downs, Executive Director Finance & Management Services Agency CITY OF SANTA ANA: KRISTINE RIDGE City Manager CONSULTANT /,C,4 6g- Ronald G. Matheson President/Chief-Executive Officer American Capital Enterprises, Inc. Tax ED FEIN#95-3840461 25H-13 AV7 :T HOSPITAL GEN�V '" Entrance co 5 Ai 77.R BVS.[NE55 TO 'BUS MESS. H'EAlTHC'ARE Letter Service Early Out Bad Debt Recovery Cleanout Projects Portfolio Purchases Debt Recovery Partners Forming Strategic Alliances with Creditors Since 1976 American Capital Enterprises, Inc. is a financial services partner specializing in California debt collection. For more than three decades we have provided technologically advanced collection services for all phases of receivables management. American Capital Partner Benefits: • Strategic Options to Increase Cashflow A full service Agency, we provide traditional collection solutions as well as custom recovery programs. Our collection specialists ensure that you maintain your competitive edge by returning cash to the bottom line. • Technological Advances for Enhanced Recoveries State-of-the-art technology keeps American Capital on the cutting edge. Our commitment to the latest technology guarantees exceptional outcomes. • Understanding Your Special Business Needs Thirty years of consulting and debt recovery provide the cornerstone of experience to successfully collect all types of bad debt. We understand your special needs no matter what business you are in. • Representation in the Legal Arena Our skilled law specialists are well versed in the complexities of today's legal environment. An in-house attorney directs litigation counsel should your account require court action. Why You Should Partner With American Capital: • Quality Services at Minimal Cost American Capital's team of professionals and legal affiliations ensure a quality client partnership. The volume of business received allows our rates to be most competitive. • Exceptional Customer Care We take great pride in providing unsurpassed client care. Our customer care team is committed to providing unequalled support and individual attention. • Community Oriented A community attitude for area clients encourages dialogue between your debtors and our collectors. For all partners, we strike the perfect balance between aggressive collections and maintaining goodwill. • American Capital's Track Record American Capital has o long term record of collection success. While others promise results, American Capital is a known producer of receivables income who provides superior serviceat a fair price. w VERY COVER LETTER & COMPANY INFORMATION 2 REFERENCES 3 QUALIFICATIONS OF STAFF 4 METHODOLOGY 5 SAMPLE REPORTS 6 SAMPLE LETTERS 7 REQUIRED RFP STATEMENTS 8 FEES WD311 4 25H-16 1� 25H-17 AmericanCapital d1 ENTERPRISES, INC. 41870 r kd. SL Ste 120. 64eriete, CA 92562 Te4951.695.3372 / Foa:95IA953763 April 9, 2019 City of Santa Ana Purchasing Division - Room 429 20 Civic Center Plaza Santa Ana, CA 92701 RE: Collection Proposal RFP #19-024 Dear Panel: Thank you for allowing us to present American's bid to continue our collection Partnership. American has been on the City of Santa Ana's financial team for nearly 25 years. According to the RFP, the City desires a "qualified Agency who can demonstrate competency and experience". After 2 V2 decades with the City, we're extremely oualitied. American meets and exceeds all of the RFP criteria in the following ways. EXPERIENCED AND EFFECTIVE • Inception to date, American has worked over 130,000 City accounts PeneratinP 35 000 Payments. • We've worked your City accounts for 25 years. • American's effectiveness is reflected -in our recovery ofnear/v date. • Not only has American been a cdnsistentreceivah/es Pro ducer for the City long term, but has evolved with you in new areas of Code Enforcement Citations. For example, lead by.our in-house counse/and in coordination with Alvaro Nunez, American is pleased to report $135,OOOon $466,000 in placements. Still in the early stages of liquidation, American is proud of its record on these very difficult and challenging accounts. 1 25H-18 MINIMIZING CITY COSTS We work independent/vwithout needlessly requiring City time. • Consumer complaints are non- existent We contact you on disputes only when necessary, • Our modern technologvprovides cost cutting options on data transfers and collections. • Our new 19% commission rate offered cuts costs with no less service or performance. • City collection costs are further reduced by our excellent "net backff recovery results. MAXIMIZING THE USE OF TECHNOLOGY • American's collection technology is second to none. Attached are the qualifications of.our recently uaaraded new dia/er and collection software vendors. • The state of the art auto-dia/era/lows us to customize programs and leave thousands of.automated messages. • Consumers can pay on-line 24/7for convenience. • We accept account assignments by all electronic media types. • Client reports can be emailed and monthly Remittances sent electronically. PROVIDING EXCELLENT CLIENT AND CUSTOMER SERVICE • We distinguish ourselves by fast and courteous customer service. • We already have a working relationship with City employees, Mirella Vargasi Nancy Robles, Alvaro Nunez, Alex Gutierrez, and Thab Vu. • We commit to the "Co/%ctoreledge"for City residents that Collectors help consumers understand their debt options while being professional and eth/cal. 25H-19 PERFORMS THOROUGH AND COMPLETE COLLECTIONS American recoveries speak for themselves; 4.5Mduring our business relationship. All client accounts receive maximum coverage regardless ofbalance size. Immediate auto dialer treatment and the first letter is sent within 24 hours. • American has a licensed in-house attornevwith 42 years of credit experience working your large business balances. The information that follows should address all other RFP specifics. As requested, let this letter confirm that I have read, understand, and will comply with, the terms and conditions of the RFP and I am authorized to sign on behalf of the corporation. We look forward to talking with you in the near future. In the interim, if you have any questions, please call. Sin , RonMatheson ath President/CEO 25H-20 AmericanCapital dY ENTERPRISES, INC. 41870 K.W. 4. Se 170, ldv 0t , CA 97562 TeL951.6953372 / Fca:951b95.3763 AGENCY BACKGROUND American Capital Enterprises, Inc. is a 25 year Temecula valley collection agency founded in 1983. Its client mix is roughly 2/3 Medical and 1/3 Municipal, Retail, Commercial, Banking and Utilities. Aside from the City, we have included as references numerous municipal agency clients. The management team brings together a strong mix of legal, healthcare, municipal, and finance experience. Ronald G. Matheson has been a creditor's attorney for 42 years and prior to acquiring American Capital, worked for two major financial institutions. During that time, he specialized in debtor/creditor rights and bankruptcy. He has over 40 years of collection agency management experience since acquiring the Agency. Gail P. Skeldon, Vice President, has had extensive experience in medical billing, collections and finance. Her 33 years experience in -the medical billing and healthcare expertise has been at the forefront of American Capital's outsourcing services to the ambulance and healthcare community. Elizabeth Luna, Operations Manager, joined American Capital's team 16 years ago and has been trained in all facets of collections, customer service and the latest collections technology. Her accounting background has enhanced the supervision of the payment posting, and clerical staff, and record retention. WE INVITE YOU TO VISIT WWW.AMCAPINC.COM 0 25H-21 z 0 h No cn CG O U a a % O O O F F F U U U U W W W W O O O O F U U U U W O O O O U U U V W W W W C O O O F U U U U W I 25H-22 e 25H-23 �■ AmericanCapital di ENTER PRISES, INC. 41870 KG1;Id. St. Ste 120, Mvrkc , G 92562 T.E 951.695.3372 / Tc::951.695.3763 MUNICIPAL AGENCY REFERENCES • City of Santa Ana 1995 to Current Will Holt, wholt(&santa-ana.org (714) 647-5335 Treasury & Customer Service Manger Nancy Robles, nrobles(a)santa-ana.orq (714) 647-5435 Revenue Manager 20 Civic Center Plaza (M-17) Santa Ana, CA 92702 • City of Carlsbad 2002 to Current Julie Lopez, iulie.lopez(a)carlsbadca.gov (760) 602-2403 Revenue Manager 1635 Faraday Avenue Carlsbad, CA 92008 City of Colton Nicole Mihld, nmihld(a)coltonca.gov Revenue Manager 650 N La Cadena Colton, CA 92324 1988 to Current (909)370-5122 25H-24 AnAmericanCapital ENT E R P R I S E5, INC. 41070 rCakda 4. Ste 120, f.4mteta, CA 92562 h6951.695.3372 / Fan 951.695.3763 REFERENCE LIST THE CLIENTS LISTED BELOW CURRENTLY ASSIGN ONE OR MORE OF THE FOLLOWING: • Utilities (water, refuse, etc.), • Administrative Citations, • False Alarms, • Alarm Permit Renewals, • NSF's, • Dog License/Animal Control, • Business Licenses, • Ambulance/Paramedic, • School District Childcare, • DUI recovery, • Sail Booking Fees, • Damage to City Property CITY OF SANTA ANA.......................................... 25 years CITY OF CARLSBAD........................................... 17 years CITY OF COLTON.............................................. 37 Years CITY OF MURRIETA........................................... 23 years CITY OF TEMECULA........................................... 22 years ; CITY OF CLAYTON............................................... 4 years 7 25H-25 CITY OF BARSTOW............................................ 12 years CITY OF LA HABRA............................................ 22 years CITY OF LA HABRA HEIGHTS ............................ 21 years CITY OF S. PASADENA....................................... 23 years CITY OF LAKE ELSINORE................................... 15 years CITY OF SAN MARINO........................................ 17 years CITY OF SAN RAMON......................................... 18 years CITY OF ADELANTO.............................................. 7 years EAST ORANGE COUNTY WATER DISTRICT ........ 9 years SERRANO WATER DISTRICT ................................. 7 years ORINDA/MORAGA FIRE DISTRICT ..................... 16 years SAN RAMON VALLEY FIRE PROTECTION ........... 18 years CITY OF CANYON LAKE ...................................... 11 years CITY OF MENIFEE..............................................: 11 years CITY OF WILDOMAR........................................... 11 years COAST LIFE SUPPORT DISTRICT .......................... 4 years R 25H-26 " They uvrk erlth us on a constant basis to help as resolve any Issue that may arise with-ouraccounts. We look fonrard to continuing ttis relationship for many years to came.' Rick P, Pracilca Administrator 'American Capital provides reliable, prompt onsrrerr to an y mmals or quosr'.ons char tre may have and have alwaysprovided Immediate solutions to our problems.' Rory C. office hlanoger "7hexelectran .committeerevlotred and discussed all spbmJrted proposals and,imerican.Capitol has'boen Idondlied as oneofrhe rop-rated firms:' Agncy.A.. CFO " Arner=' n Capital has pmvidod collection sorvlces for approxfmarel y fifteen years. Tbalrstaffhas been consistently courteous and helpful to our staff. :- Julie R. Direcotrol Pationt Accounts :*^JBi**VgM "Amoricon Capital' Enterpriseshas done an ourstandlo9job or calradron. They hove been able to work, wonders on some very oldaccounti." Tom F. Controller "t am wldng on behalf of my company to express my gratitude for a. fob irall done..7he customer service and collection productivity you have provided hay boon unsurpassed. l irould higJdy roccmmond American Glpiral'to any business requiring. a superb collection agency. Thagit You, :.gain for your extra effort." Jack Q. Operslion hlanager "We Nava been using Amef)can capital Ent erprires as cur oxclusfvo colection agemyand ,Am are very happy with the oawptionalsorvico I'm receive op a cansrstenibasisy, Dana P. Business oh(nm ,`tanager Whon ere g4r Phone calisfrom customers ern nover hoar any derogarary romar/s about how they Imm treated by tiro' collaction agencyr..I hibly recommend American Capital Entoprisos.- Debbie m. Bushmss systems Director 1 especially approdare rho. .personalized gttentmp you havo given us.' James Q. Accotlnthtg /Manager '�� rrW Ce<tetes "wL. n+wir. 25H-28 AmericanCapital ii ENTERPRISES, INC. d1070 J c.Wa St. Ste 120, Mwde., U 92562 Te6951.695.3372 / Fan951b95.3763 QUALIFICATIONS OF STAFF THE IDENTITY AND EXPERIENCE LEVEL OF EACH COLLECTOR WORKING THE CITY'S ACCOUNTS IS SHOWN BELOW. Ronald G. Matheson, Attorney All Municipal Business Accounts, Administrative Citations ................. Paul Ortiz (fluent Spanish) All Municipal Account types .... Patricia Bland All Municipal Account types .......... 40 years with American ..... 26 years with American ..... 15 years with American Elizabeth Luna, Operations Manager All Municipal Account types .................................... 16 years with American rI' 25H-29 AmericanCapital Li ENTERPRISES, INC. 41870 Kelmle St. Ste 120, Murtleta, G 92562 Te1951.695.3372 / Poo: 951.695.3763 ASSOCIATIONS We currently belong to American Collectors Association, California Association of Collectors, California Ambulance Association, ACA Healthcare Services Program, ACA Member Attorney Program and the Better Business Bureau. WE HAVE AN A+ RATING WITH THE BBB. ACA j The w.vcr JC!/F.: or„t Gcaaca gaE�:onaw 7C ���:<lilmnia Atsacn!isn Ca��apu 4.yNatirn of cviixu i.lrc. 10 A I ACC 1Tn lnli nc:mavtLn N comm��l�l rct:nao 25H-30 C' 25H-31 fiAllAmericanCapital ENTER PRISES-, I N C . 41870 rxb�a 5L 9e 170, hl rdmc, CA 92562 TeL 951.695.3372 / Fu: 951,695.3763 METHODOLOGY COLLECTION PHILOSOPHY AND METHODOLOGY AMERICAN HELPS CLIENTS REALIZE THEIR ACCOUNTS RECEIVABLE OBJECTIVES, WITH OUTSTANDING COLLECTION PERFORMANCEAND EXEMPLARY SERVICE, WHILE MAINTAINING THEIR GOODWILL IN THE COMMUNITY. TECHNOLOGY We have intentionally opted to implement a hosted collection software environment, auto dialer, and mail vendor. Their qualifications are reflected in the material that follow. Rather then expending time and resources on IT, this allows us to focus on debt collection. BRIEF SUMMARY OF BASIC PROCEDURES Attached is a general comprehensive flow chart of how accounts are handled. After data entry (hard copy or electronically), the first notice is sent within 24 hours. All accounts are scrubbed for cell phones and called by our automated dialer. This provides maximum coverage to obtain a positive debtor response. Certain accounts are credit scored. 12 25H-32 • After the first notice, a full compliment of notices are sent. Copies of our letters are included.in this RFP. • Accounts are referred to a collector if no response from the automated dialer, or no payment, or if skip work needed. • Eligible accounts are reported to Experian 60 days after the first notice. • Skiptracing through an automated download to Accurint is utilized as needed. • American utilizes a number of skiptracing tools including integrated collection software, internet based, and manual efforts. • Commercial accounts and balances over $1,000 are personally worked by our in-house attorney to generate results. Our current options are: • Experian Credit Reports • Accurint • Surelock (collection system based) • Google • 411 Reverse Directory • Whitepages.com • PUBLIC FILING AND INFORMATION: Property Tax Uniform Commercial Claims (UCC) filings Secure Loans/Debts Fictitious Business (DBA's) California Corporation/Limited Partnerships Board of Equalizations Department of Consumer Affairs Contractors License California Civil Index fillings 13 25H-33 ADDRESS AND TELEPHONE INFORMATION PROVIDING: Exact address matches and nearbys Exact name matches Similar names with zip codes areas Phone number matches (both Home and Business) 14 25H-34 o � e 'J+ V � V O N e. O > z� N 7 O c c 0 E � t u 5 n G e > � N n N u c— _ v C 4 i �. V •�. Li i R� ` ` V= y= �.CL V• 9 7. J � J J� U•p � _J _4 J C C U r tL '^ u 9 E E U V � n u _ U U S G O y u •� 1 _ E G z L V V L � f •�i� C dl�� C o c' Q L, H <1 = V - E 1z ' E �N N O CJ J U c 11 C z L UJ U of E O � U 9 Oiu�i DL E 3 u7 z _ - C_ rl 25H-35 Sign In tAM aLdIlk Contact Ihslprr/vnvw tcn mmn About TCN a ADeMo (WLu—w/Jwwwtcn.com/about- Searfh&, ps• /InfoTcn Com/Request Lad A Demo) Call Center Services Compliance Suite Resources BIOS Solutions P�redicti Predictive Dialer Call Center Solution: TCN Leads with Simplicity WA WA r t) J J The TCN Predictive Dialer is agroundbreaking innovation. f.Ti�-Sid • lIm• . �.��• l.0 _-_=_�.r_ •rc_. Whetheryour call campaigm range from simple to complex all you need ism intemet connection —at TCR flexib0ity is our hallmark Administrators can set up new call agents, hunt groups, and predictive dialingcanpaigns within minutes —a must have foryour outbound call center (ficall-cen solutionskutboundA tluicklystreamline productivity through automatic dialing and the powerto screen out busy signals,voicema➢, no -answers, and disconnected numbers Featured Headlines Dec 21, 2018 C[d^lM- •ILRidlsi�]E] L-1 LOMMSM•d • / Read - (h pz!/wmv tcn.com/how-predictive- dialers-pay for-themselvesn, Nov 30, 2018 How ACD Call Center Software Overhauls the Customer Etmerience (https�//www-tcn comAeam-how-acd- cal I-center-software-i moroves-the- customeoerience-through-self- service-intelliaent-routing anH- hmmd[O. jtp�n_(h�tps�1/vrwi.tcrtcpmAearn-ho•.v-acd- call-[ente r-software-improves-f he-customer- 4anerience-through-self-service-inte0iggpl_ routing-and-hPy^ndn Aug 24, 2018 , Choosing a Contact Center Solution to Modernize Your Customer Support ( ttos://www-tcn,com/Choosing:p- contact-ce rater-sohi lion-to-mbd8rnne- y_our-customer-suR o t - 25H-36 Leverage the worlds most sophisticated Inbound/Outbound, Blended call center technologies available today. Top 10 Reasons Why TCN Is Your Final Choice In A Hosted Phone Solution Highest Agent Efficiency TCPA Compliance Suite Pay -For -Use with No Minimums True On -Demand Scalability `Leek' Free Interface 100% Call Recording Responsive US -Based Support Inbound / Outbound / Blended Minimize Support Staff I Big Data Competitive Intelligence u 25H-37 Introducing TCN's SpeechAnalytics Historically, engagement analytics has been expensive and resource intensive, but TCN SpeechAnalytics makes it accessible by offering rich search and discovery tools along with full text transcription and PCI redaction of 100% of your calls via an affordable, risk -free monthly subscription. With the insights TCN SpeechAnalytics reveals in your customer conversations, you can finally answer questions such as Are my customers happy?," "Do we have compliance risk?", "How are my agents performing?" or "Are calls being handled efficiently?" Are my customers happy' How are my agents performing? ��L11s�1st•••er� '� TCN SpeechAnalytics at a Glance SpeechAnalytics offers powerful search and discovery tools combined with automated call transcription and reduction. Deep business insights are hidden inside every customer interac- tion. TCN's SpeechAnalytics can help to reveal them. Advantages • Full text transcripts for every call • Simple upgrade to enterprise -level engagement analytics • Turn -key integrations with common, cloud -based call recorders - Dedicated online community for learning and sharing Reduced legal risk and better compliance via automated PCI-redaction 25H-38 Easy and Effective Search and Discovery SpeechAnalytic's highly flexible search engine makes it easy to find and retrieve calls through free -form combinations of keywords, phrases, acoustic measures, and call metadata such as agent or disposition. Features • Advanced Search & Filtering • Enterprise -grade Speech Recognition • Enterprise grade Speech Transcription • Contextual Call Playback • Tagging & Commenting • Transcript Visualization • Full PCI Redaction • CRM Integrations • Dedicated Online Community www.tcnp.com 1.866.745.1900 / Bye Bye Change��radon CM �t Emall Address Benefits U;Ci Cii�nrj l..11l tilD `r_...In.. Cili ClBf, • AHT Reduction - Find long calls and high silence • Increase FCR - Search for repeat call language • Call Deflection - Retrieve and analyze short calls • Search for desired and undesired behavior • Tag calls for future recall and review • Simplify review through data rich, contextual playback • Incident Analysis - PR issues, promo mentions • Dissatisfaction and escalation analysis • Product and service feedback • Find and analyze calls with risky language • Find tails lacking required language • Lower likelihood of fines and lawsuits 25H-39 n O u DI C 0 F,� T NO E y C 61^. ''�' iN C• ��I E 'c C 5 rQ :o w. d' 'y ra o IS°mr cs ct ° Im �ml m, 9 C C O dj n m 9 u - •O_ D U C Cr _ + D O C Ui d U u ISO(. 'I C'IU1 of 9 dV W TIOU IC ., Y C 10 n° d E 'd D '. `m > d G � Ca F ru LI ccd T ru >1 I4! Nz=c 10' c D x ❑ ° ¢ OI d: C - ° r¢ yr S• �� .F� 0 fc 'pr v c ZI i_ Im •�. r rn p x d C �n y u V u Yi. N ., N N C U C V w Q CO m u D c v U N \ ` 0 50 ¢ F o. U ti 25H-40 Your Success Is Our Success Over 45 years of innovation and commitment to .our clients' success. I a rI Our Services Include 'nA Collection Software. ' All of the flexibility and scalability you • need to maximize productivity in a single source solution. Web Portal Leverage the power of the Internet with real-time account access. Increase productivity by allowing debtors to settle their balance online. IndustryneyourIntegrations Redefine your collection efficiencies. y by implementing our numerous industry -leading integrations. Find out how CollectOne can help you better manage your accounts. 0 Application Sets + Consumer Debt + Healthcare • Legal Collections + Debt Buyers + Commercial Debt +student Loan + Gobernment. + First Party + Insurance Subrogation + Property Management Setup a demo today! About CDS Software The proven leader in collection software solutions; GDS Software bas been an innovator in the accounts receivable management (ARM) industry since 1970 When it developed the in.du:stry's first collection software solution. We. revolutionized the way collection accounts were managed. Our action code. driven technology has become an industry standard and has driven the architecture for many competitive software products. We continue to mafntaio a. high level of commitment to proactive research and. development With each new generation of software we introduce.. We revolutionized payment processing when we released an industry -first real- time payment processing engine: Another major advancement came when we developed and released the CollectOne Web Portal, an industry first real-time we,b portal, giving secure access to accounts via a web browser.. Our clients range from start-up collection agencies to Fortune 500 companies,, many of which have been clients since CDS Software was founded and most have been clients for upwards of ZO ,years. Our clients span across the globe, collecting on debt ranging from low -balance credit card paper, government and .healthcare specific paper, to .high -balance commercial paper. C'DS Software is comprised of industry -experienced visionaries, who are focused on development of technologies that will serve as industry standard processes,. We maintain. an open and creative environment, foster initiatives, value cultural diversity and nourish individual growth and professional development. We take great pride in the responsibility that our clients have entrusted in us and feel it is our responsibility to enrich those relationships through continued product development and professional, unmatched client service. We view our client relationships as partnerships and understand the importance that this partnership plays in the success of their business. C611ectOne Features Management Driven Work Queues Management driven work queues provide you the power to establish and prioritize multiple queues for each collector. Once established, work queues can be easily updated based on collection productivity. Workflow Automation Establish business rules that incorporate , industry standard bestpractices and ensure accounts are worked appropriately via workflow, strategies that align with your collection goals. Client specific business rules can be established based on contractual requirements and account distribution can be fully automated based on established business rules. Performance Tracking Assign productivity goals to your organization's management team and collectors via CollectOne's performance tracking tools. Top down goals can be assigned and real-time performance statistics can be assessed at both the collector and management levels to improve productivity and accountability. Account Scoring CollectOne includes a rules based point system that establishes collection probabilities to help, you determine the most applicable treatment and prioritize resources to maximize dollars collected. CollectOne also provides you with the power to broaden your account scoring processes via interfaces with industry leading third -party scoring technologies. Predictive Dialing Leveraging a dialing solution is one of the most cost effective ways to increase productivity. As part of the CollectOne software vendor partnership program, the optional, integrated TCN Dialer provides you with the power to maximize efficiency. If your organization already has deployed a third party dialing solution, no problem; CollectOne provides you with the flexibility to integrate your existing dialing solution and seamlessly manage real-time results with any of out industry's leading third party, predictive and hosted dialing solutions. Skip Tracing Leverage best in class skip tracing tools from our industry's leading skip tracing providers and increase productivitywith,real-time phone number and address searches. CollectOne also includes fully integrated credit report retrieval that provides you with the power to request credit reports and attach the credit reports to the debtor's account. Letter outsourcing CollectOne includes a comprehensive mail management system that provides you with fully automated mail processing functionality including print and mail outsourcing, returned mail processing and automated National Change of Address (NCOA) updates. A CDS Software Solution I CollectOne.com CollectOne a product of COS Software 25H-44 Legal Collections System CollectOne includes an award winning legal system. The single source solution automates posting your legal workflow to the debtor's account. The judgment lifecycle is fully automated within the legal system, providing everything from pre -judgment cost analysis to post judgment figures, garnishment dates, automated calendaring and the ability to simplistically merge judgment data to your legal forms. Customizable Reporting CollectOne includes a comprehensive bundle of management reports that provide you with the real-time data needed to develop strategy and monitor overall performance. ODBC (Open Database Connectivity) architecture gives you the power to customize reports and fully automate the creation and delivery of your reporting via best in class technology. Web Portal The CollectOne Web Portal offers your organization a web based solution to securely collect debt via check or credit card 24 hours a day. The CollectOne Web Portal seamlessly passes payments for processing to your CollectOne software and authorized payments are posted directly to the consumer's account. The CollectOne Web Portal can be customized to represent your corporate brand and is a great way to maximize the profitability of low balance accounts, early -out programs and pre -charge off accounts. A CDS Software Solution j CollectOne.com Web -based Consumer Payments CollectOne provides your organization with the power to process check and credit card transactions in real time. Payments can be processed via CollectOne during the collection call, providing the collector with a real-time approval or decline. User Defined Windows User defined windows provide your organization with the flexibility to create windows based on specific workflows and debt categories. Text, date and monetary figures can all be customized within each window and.security settings can be employed to mask sensitive account data. Credit Reporting CollectOne includes Metro 2 formatted credit reporting that gives your organization the power to generate. industry standard data files that can be submitted directly to the credit bureaus. Accounting CollectOne provides a flexible accounting system. Accounting workflow can be fully automated based on management defined processes and client specific accounting rules can be established based on contractual requirements. CollectOne includes interfaces with industry -leading accounting software, giving your organization the power to seamlessly integrate your financial data. t 11, , a product of COS Softviam 25H-45 Support Updates &More Client Care Services CDS Software takes great pride in providing unmatched client care. Our highly trained Client Care Team is comprised of industry experienced specialists that provide implementation services, onsite and online training, technical support and professional services. Our Client Care Team is committed to working together with our clients to maximize their CollectOne solutions. Our highly qualified Client Care Team is here to ensure your success. Our Technical Support Team works closely with our clients to provide everything from general support, to preventative care and system maintenance. Professional Services Our highly qualified Professional Services Team can work directly with you to gather specifications and develop requirements for custom programming including software customization, interfaces, EDI, new business imports and customized report writing. Implementation Services Proper deployment and configuration of your CollectOne software is managed by our Client Care Team. A Training Specialist will work directly with your organization to ensure that your software -is properly deployed, configure the application to meet your specific requirements and provide your staff with training. A CDS Software Solution I CollectOne.com Product Updates Ensure that your organization maintains its competitive edge by receiving product updates for your CollectOne solutions at no additional charge. Ongoing Training Maximize the potential of your CollectOne solutions via ongoing training sessions that are available both onsite and online. Our ongoing training sessions can be customized to an agenda you provide and are a great way to train new personnel and maintain a standardized level of knowledge. CollectOne User Conference & Training Join our user community for the annual CollectOne User Conference & Training. The conference' includes extensive training sessions ranging from intermediate to advanced level topics, enhancement groups and an expo that features our industry's top vendors. 11 on a product of COS Software 25H-46 2s L O V T O V t F� 0�6W1 FJTEvi QIETlT] ]I,t@IIAA 11vtiJ IXyge OTOLIT Fe¢¢] Jp MOI WOTIS[ Fab 1$alml OiNlllT Ftu Pc ]®m ' lbnNaR HI1C0,2 Uimf R ,t.W mb �1 [ql Ilt 1541 .W 61 ]EN66x.]ILL f@] I5N ]Ll i,-ff31 IMwltl 16�J Lo E,ul L6Y]Ia x,c.c. uvl6nT mn m ' mrau o IM�v w:e o msse wvmT (al M dvA1 .W ib% CY [oNOv. E5n]v FIO�INCJ Ln� Ft M1t � . ECIEYI NNN'lFl� �mT.(RS) LCk%FM f�x[W) :4.+4FlT ..'M4tlF121. W �. Nrrvn[ N1s[ey'v 1 Nn[es -� 666 M911 Wd ft.0 PH. CR Wk 5/]G/1J 19:41 "1 Nm Assiproen[ Y 66i 6J/16 1 69/16 NpI Nl1CCL1on Re: 266.W N3nc S.W vwLL[Yrn r+-n�.. FJffUItS ACE COLLECTSON 9EFKCES Mlim IOm F1QSTMYWAY 160D IONkTARV VAY yTSJ Yn512NG1WI. K 99999 \vA`iY:l:iTQy R' W Val NYOM tom. iibd EliV,an TL5T12] ew-44 TrsnUmrE�tll IINJ OCNI Qn.mm111ttlOY\ T'uf,SaOb11�5ttr9� m ml POC W.rVC WI]IX:1)t1Y iM 9nGMw8TJ e, Mrv.Je JrvLLfY WmvmdiYFl�aaJo6gbewgiV('md O2 Rv4S,ra llmEagm51"mnes] 1[gv6JtlH1Q1 As�/1®v9 tLncmH LMwm.ew p0]OWm06 Mn SnnMb6wryra,mslaux l Brd,w,Rm.sMM NM dvi=Ov Qr}�ry. mOfw IX43QLr1NJk. ]6 pqq Fw.y O.vrm w JmskmnNrnm IO�e�LWS3J Tbw®vfSYIC,GppryT n�rTYiun Atlur (.N�ly ylv',rakQsdll x[m.un paryb®nPi.Je[fbmwm�n )m NSHMb, an14'.M1w pr_dh�LTtl ad GfrLV9 TJpnUwmai6n Pu yq F IIVS Rf4f:.�J wnsnesobub is oaoeiiTv[ng w yi.[aT19sGlrtP?+FT1TbbbiM MlCrI A CDS Software Solution I CollectOne.com a product of COS Software 25H-47 G 25H-48 fAmericanCapital A ENTERPRISES, 1NC. 41870 WHa SL Ste 120, A9 "aj CA 92562 TeL951.695.3372 / Fvc951.695.3763 SAMPLE BASIC REPORTS FOLLOWING THIS PAGE ARE OUR BASIC REPORTS. CREDITOR MASTER A listing of accounts, reflects the complete status of each account assigned. ACTUARIAL REPORTS Reflects assigned accounts by month and the dollars collected, canceled, and the recovery percentage on those monthly assignments. Also broken down are the number of accounts, average balance and commission expense. Totals can be done by year, several years, or inception to date. REMITTANCE STATEMENTS Our monthly reporting of monies collected. 15 25H-49 CREDITOR MASTER I s1000VUUKUUUUUgUKU OUYpUUUO ,-iU UU�UU4000V rl T 1 mm600NmmN00Nmn00¢,O mmNmvOmOi70mN OfO C1 .-, 1 ✓' ^ 1'1-r,-.N.rnr�-, .titi r.Inn M.y .r .+Nrrn.+.4ne 00 � N 0000p00000000000000000000000000000 iup o o a o 0 0 00 .ep i I V 1 I` i00000moomopp p,.,o oom00000000voom000v 'y= OOOr00110000mO00000000000O00N0000 � F EO I r N .O. q •�O I I I ' m 1 G,'Itl0'"�DDDOO.DDVID Y1p mDJl .tlppO UID Yf Y1 Jl v'fODDDD D,(1 I cuiNoomm000 ooNMnorarr000rorrrrO00000r ry 'H N;ONMnv On Nor, O, Or00 V ,c V.-I .a nN m CI 1 -r nnOMn NN VbnV00 c n 00 N I U© 1 "11�I r+VN r Vlrm r.�n m M1rr SIN MN 1 I 1 I I 1 1 O 1 O I'p ipO 00 pOOJ�00m0000u,0 a0000000000DOONo000 I tlel oonooroaoomooD000v00000000Na000 I N 6 I 1 0 1 o I IU 1 I 1 I I I 1 1 1 1 1 DY I u1 "r J,O OuIO Y,OmOmONHpOOJ10 NNNMOOm000Yi I tl NOD ��nr001-OClnri(}nOn OO.OhOn OONOOOn I POI m mry OrvnCl .^I J.v N0.+000V✓,r Y1 V,O f, .r Jln rvOm E ,�m��)Nbm:lr .-i l[)c.+eV VnV0000vJ.c ve000NnmV1 1 %4 i fir CIrN 9.-,N.-,9n rf"rmryVnrn Nmfl flNm w i i .N ID vNYle emV J, J1N cu1Nv y 1 O, In`f',\\fJ n. VM1nrJ, O,jbON c,\Fl�09r0VmvJ\i N..017N > %Nlno✓100nm.+0VnNl-O.rr r.Vn V,..........N VN '-1 i40iO OptiOOr00000000000rOr0.�1 .+000000.r 0.+ U UUI 2 aHl If �rvl Ei0 Su 1� m uN 4 myi oil FN nql VI Tj� FI 1 a ,C O Iml 1 1 O 31 1 W£T Gml ula Q� 201 dIL K�I 71 n rO+N; Clvn O. V'U V�i.�" rOf:nO J. u,u„n o,N Om, JlO vmtiNNOOCI rmVOmNnPCVVM6vmOVmry 041 O I vvrmb^tm'in�N��p O t'1b vOmrm00Mm J�tirmmNVCOJ, y VVvreVncNNVVMr v,on t�i 41 ,Non^�mnvemvevm,�v�mtiNac 25H-50 ACTUARY REPORT x l o o m b m m F 1 PMNrrMMlp 14 MMm N rbM P.y Z 1 O OIO P C N M m m m O c N N r M O O I £ I MMNNFNlNN�1 'Iv O MFm r� 1 M MnIN 0 1 N 1 Y1 T N ......... m ... 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M c O F I 25H-51 ACTUARIAL REPORT BY ASSIGNMENTS 1 O O N N r h a -a .-I M N ap ap U W 2 W 1 I .4 .Y 1.1 (m•1 N N ., .O{ � .y P N � ^a N N K � I W N CI N N N CI .+ .y .y .-I N a•1 .-a N N 1 I w 1 m m m m tl K 1 N N N N N N N N N N CI N CI U W 1 N N N r h 1.1 CI O O m N O N W I I vl tl 10 N YI M rl < C m m ry N N N 1 1 1 1 N O O U N i v c T P h N 2 W N .4 N a•1 CI N N N N N ra rl N a0 1•1 l0 CI .-I .{ .a N ry •4 ry 4 1 1 fu O V1 _ N I I N N h h aO h h m m N O O 1U 10 I N N .4 .Y 10 b m lO Z 1 C N W N I O N 11 QF 1 -, .-1 m rn m m Imo Imo n vNi m m �O 10 O W a O I F U T O 1 1 W U < a N 1 b 10 F P I•1 .y N CI M Q F W w 1 1 O d 1 E I 1 1 a d I I a m Ua a 2 O 4 I 1 .4 ra .hi .Y •i .a .-a .-, .N-, ti .41 n .Y .Y .y H ti , W O W > U U W 1 I l� Cf N O O C 1 P JI M m r v1 N rl N P p ' M y � N I 1 i % N I i .-1 .-a N ry P O O CI l0 1O O P •Y p � yd N I CI � f•1 N O1 m N N h r � N Yl N N Z N m N 10 1p CT 1.1 1.1 F 1 C 2 0 0 2 I m N a I I N O N O N N 10 m ap b to 10 tp h CI n1 h O 0 N .� N ' a0 a i N N N CI N N C C CI 1'1 10 10 N CJ CI 1 N N N „ 1 a-1 N N 1 O O O O O O O O O O O O O O O O O , O a F Z O O M F N a Q 1 • . F v a .-1 • 1 1 • z a F a F u Z a 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y O 4 I •U H N 1 .4 N N O O 10 1D O O m P F �I E 1 O u i P 4N t9M 1 VP u N NI CIOO MONO V'Ob0 mObO 1p Oa00 O O .-,O.y n 4 aUa 2NNS UQO 1 I ON N a•1 CI M N N aO N c m N m ^OCI m r0 1D .+ MONO .a CI N NO NObO N U N a I I T W y F 4 a m anvil m m m m m m m T 2 6 F A O W : m PO O m m0 O O TO O m EaO O m m0 O m mN N m O.O O m PN N m C1N Cl •• � u CI Z T N m N 01 N T N m N m V1 01 N Oa Ca N a u y tT m O a F O o a F O O m O i F O O O F O O m O y^ F O O m O a P. O O m0 a F O O n O a F O O N O a F O O m y h� r0 d O o F O F O F O F O F o F O F O F O F FONF F z a Oa Oa u m m m m �Wzw u w r. o O z x w z u + F d u ' 4 4 U W W. O O O o O a O o 25H-52 I N 1 b •➢ m Yf 41 N b ID F F I P ti N t•1 M O• m m w I N N N m 01 N I p O O O O a 1 N N N N N N N N N N F w 1 T N m m p 1 JI N N N m m 1 rl fl 1 I 1 q 1 I I W N N 1 h h 10 IO N M P I(1 N 2 1 rl �-1 N N ei i• N 1 a N a Z I m 1 i N 1 .e'14 m b b b N rl rN4 r r N N N N � � I U � I W U QN 1 r r I•1 1.1 @ m M M N ti U O i r M1. M M N N m m M1 q 6 1 F w o w 1 H 1 1 W N 1 P W N m N N Jf r it 1 1 w 1 P m P P m P m m 0p W U W 1 T P M M ti r1 rl ^� •'� r'1 Q Q M I .Y fl '1 N N ti '1 N rl N N I 1 I 1 p 1 M M b 1G r r N N m m G N I ✓1 VI Y1 N M M Y1 N N N Q Z I M M m m N •"1 N O a w 1 a z C� 1 N m ti 1 0 0 o p o o p o 0 0. F Z Q z O I O N µF 1 •F a 2 Uq C U a I O o o p o p O o O o Fz O 4 •O F U 1 •U O W N 1 YI ul M M Y1 N N Y a O 2 I P c 1'1 M N N N N •'1 '1 m H V O Z wl a N 11 T 6m ONF I �1 UN UN ¢N 1 1 M1OrO rOrO O.OTO m@Pb O@IDOb Z 1 W q 2 T M N F m La]Z q Ow I m m Of m m w s 1 m N @ Ul mN N m q F U mH ..~ mom.. Q•b .. m0 ..0 m.'I ...b-1 Y N Q 1 m Na m a m � mj •@ a~ ..m~a~ U N U 1 m Q m Q 4 'r Q NP Q q b~l � N i o. FOo oOo pQo oF00 4 pop UOuz z a Im @ m FO O Z,1 rwi O U 1 a Z T a Q wQV i 25H-53 REMITTANCE STATEMENT AMERICAN CAPITAL ENT., INC. 41870 KALMIA STREET, SUITE 120 MURBIETA CA 92562 (951) 695-3372 1 Invoice K 002556 02/28/29 No. 51 7965 CHI800 NYECYY COLLECTIONS Our File Net Amt Date Name / Ref'No. Pd You Pd Us 'Comm Number Due 02/28 NAMES OMITTED FOR. SECURITY 25.00 4.75 64313416 4.75 624808-9 02/28 119.81 .22.76 03765797 22.76 1320720-1 02/28 51.83 9.70 04066960 41.33- 128792-12 62/28 56.76 9.64 63644715 41.12- 1284164-1 02/28 25:08 4.77 03583458 4.77 331646-6 02/28 21:10 4.61 03584688 4.01 331646-6 02/28 7.81 1.48 04313786 1.48 967736-7 82128 2.04 .39 04024033 .39 591298-1 02/28 25:00 4.75 04025719 4.75 591298-1 02/28 228.07 43.33 04244464 43.33 1388353-1 02/28 227.50 43.23 04054676 43.23 1388353-2 02128 7.48 1.42 04245667 1.42 1388353-2 02/28 3.65 ..69 04244475 .69 1388353-4 02/28 - 25.52 4.85 04292074 4.85 1388353-4 02/28 220.00 41.90 63904422 41.80 1383956-1 02/28 20.00 3:80 04011332 3.80 1165884-25 02/28 84.85 16.12 64336297 16.12 406930-48 i 25H-54 r� 25H-55 AmericanCapital di ENTERPRISES, INC. 41870 lGaWo SL Sle 120, 64 oa, CA 92562 TcL951.695.3372 / Fm:951.695.3763 SAMPLE BASIC LETTERS FOLLOWING THIS PAGE ARE OUR BASIC COLLECTION LETTERS. THE TIMING OF EACH IS REFLECTED IN THE PROCEDURES FLOW CHART. 16 25H-56 0. N79a310 AmericanCapital IIIIII11111IIIII 11111111111 IN111IIIIII111111111111lll INENI ER PR I S E S, TN PO Box 893580 -41870 Kalmia Street, Suite 120 Temecula CA 92589-3580 Mumela, CA 92562-8840 RETURN SERVICE REQUESTED Tel: (951) 695-3372 'May 10.2018 001 DEM001 ACCOUNT #: 0000001034 REF:, HSE III„qll„ul1,11lll„Illur lhlIll. lull"uullhl1I1.11It ��.1��1>�,.f�,oel1 III I I I I I III II III III I I II II I Personal R Confidential �11�t CapitalEnterprises, eI n� PAT DOE f American Capital Inc. 111 W HILLCREST AVE PO Box 893580 THOUSAND OAKS CA 91360 'Temecula CA 925B9-3580 •'• Detach Upper Portion And Return With Payment —__.._..___.._—.__�_�_......:.._._.....______... __.__...__r..__......__._.._____.._._---.._..........._.._........._.___ .._.._-.._. 1-SFAMCP70.001-0SPo7 18 TOTAL AMOUNT -DUE: $7,081.37 CREDITOR PRINCIPAL INTEREST COSTS TOTAL SAMPLE NET CLIENT $7,000.00 $61.37 $20.00 $7,081.37 •`•••'COLLECTION NOTICE...."` YOU ARE ADVISED THAT THE ABOVE ACCOUNT HAS BEEN ASSIGNED FOR COLLECTION. UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS. DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT OR OBTAIN A COPY OF A JUDGMENT AGAINST YOU AND MAIL YOU A COPY OF SUCH JUDGMENT OR VERIFICATION. IF YOU REQUEST THIS OFFICE IN WRITING WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL PROVIDE YOU WITH.THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. AS REQUIRED BY LAW, YOU ARE HEREBY N( REFLECTING ON YOUR CREDIT RECORD MA' YOU FAIL TO FULFILL THE TERMS OF YOUR I NEGATIVE CREDIT REPORT TO A CREDIT RE UNTIL THE EXPIRATION OF THE TIME PERIOI DEBT COLLECTION PRACTICES ACT AND TH' REQUIRE THAT. EXCEPT UNDER CIRCUMST{ 8 A.M. OR AFTER 9 P.M. THEY MAY NOT HAR, OR BY USING OBSCENE LANGUAGE. COLLE( STATEMENTS OR CALL YOU AT WORK IF -THI NOT RECEIVE PERSONAL CALLS AT WORK. I ANOTHER PERSON, OTHER THAN YOUR ATT MAY CONTACT ANOTHER PERSON TO CONF MORE INFORMATION ABOUT DEBT COLLECI TRADE COMMISSION AT (877) FTC -HELP OR SERVICES MAY BE AVAILABLE IN THE AREA. =D THAT A SUBMITTE ABOVE.' dR DEBT )RS MAY NOT USE FALSE OR MISLEAD KNOW OR HAVE REASON TO KNOW TH I THE MOST PART, COLLECTORS MAY tNEY OR SPOUSE, ABOUT YOUR DEBT. 4 YOUR LOCATION OR ENFORCE A JUE \1 PRACTICES. YOU MAY CONTACT THE HOUSE DESK YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. - RETURNED CHECKS MAY BE SUBJECT TO A $25:00 CHARGE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM. IF 25H-57 a TVIBA27M5 � IIIIIIII II IIIIII IIIII IIIIII IIII IIIII IIIII IIIII IIIII IIII IIII PO. Box 893580 Temecula CA 92589-3580 RETURN SERVICE REQUESTED May 10, 2018 ,IIII,I,rlugll,t„III,I,Ilglllu,hlllurll,ugnll„uhd momzooz<oazsesvmlwo—.mwroos x Personal 8 Confidential PAT DOE . 111 W HILLCREST AVE THOUSAND OAKS CA 91360 CREDITOR SAMPLE NET CLIENT PAY THIS CLAIM NOW. Al jk� AmericanCapital E N T E R P R I S E S, I N C. 41870 Kalmia Street, Suite 120 MuMeta, CA 92562-8840 Tel: (951) 695-3372 002 DEMO01 ACCOUNT ;:0000001034 REF: HSE 91. i)lill11 it 11llllillilililllliillil lli llil iilllilliliillllliili American Capital Enterprises, Inc. PO Box 893580 Temecula CA 92589-3580 "' Detach Upper Portion And Return With Payment "' 2SFAMCPIM02.05107118 TOTAL AMOUNT DUE: $7,081.37 PRINCIPAL INTEREST COSTS TOTAL $7,000.00 $61.37 $20.00 $7,081.37 DEMAND FOR PAYMENT IF WE DON'T HAVE A POSITIVE RESPONSE FROM YOU, WE MUST PRESUME THAT YOUR INTENTIONS ARE NOT TO PAY THE ACCOUNT AND WE WILL HAVE TO PROCEED ACCORDINGLY. THIS DELINQUENCY MAY BE,RECORDED IN YOUR CREDIT FILE FOR 7 YEARS FROM THE DATE OF YOUR FIRST DELINQUENCY. HOUSE DESK YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU. BY A DEBT COLLECTION FIRM. 25H-58 TY18A2)aR3 I IIIIIIII II IIIIII IIIII IIIIII IIII IIIII IIIII IIIIII IIII Illl II II PO Box 893580 Temecula CA 92589-3580 RETURN SERVICE REQUESTED American Capital ANI ENTERPRISES, I N C . 41870 Kalmia Street, Suite 120 Murrieta, CA 92562-8840 Tel: (951) 695-3372 May 10, 2018 003 DEMO01 ACCOUNT 4: 000000 1034 REF: HSE Ilnpl„I,ll lu.,uhlnlul ll,I,p„u.dl'lull,q,u.nlhu 00080'°°'°°°``°5e�"'°�'�""""�" III IIIII III II III III IIII II I Personal & Confidential PAT DOE American Capital Enterprises, Inc. 111 W HILLCREST AVE PO Box 893580 THOUSAND OAKS CA 91360 Temecula CA 92589-3580 Detach Upper Portion And Return With Payment "' 1SFAMCP10-003-0510711e TOTAL AMOUNT DUE: $7,081.37 CREDITOR PRINCIPAL INTEREST COSTS TOTAL SAMPLE NET CLIENT $7.000.00 $61.37 $20.00 $7,081.37 WE HAVE RECEIVED YOUR REQUEST FOR VERIFICATION OF THE ABOVE DEBT. USING INFORMATION PROVIDED BY THE ORIGINAL CREDITOR, WE HAVE COMPLETED OUR INVESTIGATION AND VERIFIED THE ACCOUNT. IF YOUR COMMUNICATION INCLUDED A REQUEST TO INVESTIGATE THE ACCURACY OF YOUR CREDIT REPORT, OUR REVIEW HAS ALSO DETERMINED THE INFORMATION. WE REPORTED IS ACCURATE. IF YOU HAVE FURTHER QUESTIONS, PLEASECONTACT OUR OFFICE. IF YOU DECIDE TO RESOLVE THIS ACCOUNT, YOU MAY ALSO PAY ONLINE AT W W W.PAYAMCAP.COM ACCOUNT SUPERVISOR WE ACCEPT VISA/MASTERCARD/CHECKS BY PHONE FEDERAL.LAW REQUIRES US TO INFORM YOU THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. 25H-59 ggz AmericanCa ital IIIIIIIIoIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIe p-- tl E N T E R P R 1'S E S, INC. Temecula ec a CA 9 41870 Kalmia Street, Suite 120 Temecula CA 9 ICE REQUESTED Murrieta, CA 92562-8840 RETURN SERVICE REQUESTED Tel: (951) 695-3372 May 10, 2018 323 DEMO01 ACCOUNT P 0000001034 REF: HSE I,tu1i IIIIIII„111111111' I1II'IIIIIII I'I' IIIIIIIIII,I I I IIIIII,h aaoemmzmoxa»srsm�w—m wn �sz a Personal & Confidential III I I I I I I I I� II III III I, I II II I PAT DOE M AmericanCapitalEnterprises, Inc. 111 W HILLCREST AVE PO Box 893580 THOUSAND OAKS CA 91360 Temecula CA 92589-3580 •** Detach Upper Portion And Return With Payment *'* B-BPAMCP 10-323-05107118 TOTAL AMOUNT DUE: $7,081.37 CREDITOR PRINCIPAL INTEREST COSTS TOTAL SAMPLE NET CLIENT $7,000:00 $61.37 $20.00 $7;081.37 IN REVIEWING OUR RECORDS, WE NOTE THAT THE ABOVE BALANCE REMAINS UNPAID ALTHOUGH EACH PERSONS CREDIT SITUATION IS DIFFERENT, THIS DEROGATORY ITEM ON YOUR EXPERIAN CREDIT PROFILE MAY ADVERSELY AFFECT A FUTURE PURCHASE OR LOAN. YOU MAY HELP CLEAR UP YOUR CREDIT PROFILE BY USING THE ENCLOSED ENVELOPE FOR PAYMENT OR CALL NOW TO DISCUSS PAYMENT. HOUSE DESK YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM. 25H-60 M TY19At71Af � IIIIIIII II IIIIII IIIII IIIIII IIII IIIII IIIII �illl I111 IIII II II PO Box 893580 Temecula CA 92589-3580 RETURN SERVICE REQUESTED May 10, 2018 998 American Capital 6a ENT ERPR15ES, INC. 41870 Kalmia Street, Suite,120 Murrieta, CA 92662-8840 Tel: (951) 695-3372 DFMO01 ACCOUNT #: 0000001034 REF: HSE It'•"'•II••II'•I•"••I•III•'I•III•I•••14•II"I•II'Illll•I'Ill l• 4W6UiNSiLtl:6BY141891]Eb-IYIBISilw111 Personal & Confidential 11111��11�1�1�111111111111�111�111111111111�1�1�11111111111I11 PAT DOE American Capital Enterprises, Inc. 111 W HILLCREST AVE PO Box 893580 THOUSAND OAKS CA 91360 Temecula CA 92589-3580 •" Detach Upper Portion And Return With Payment "' 11 SFAMCP 10-998-05107118 TOTAL AMOUNT DUE: $7,081.37 CREDITOR PRINCIPAL INTEREST COSTS TOTAL SAMPLE NET CLIENT $7,000.00 $61.37 $20.00 $7,081.37 THIS LETTER IS TO ACKNOWLEDGE YOUR.PROMISE TO PAY ON THE REFERENCED ACCOUNT. ON 06/01/18 YOUR PAYMENT OF $50.00 IS EXPECTED TO BE IN OUR OFFICE. FAILURE TO PAY AS AGREED WILL RESULT IN FURTHER COLLECTION EFFORTS. HOUSE DESK AMERICAN CAPITAL YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM 25H-61 ra 7 25H-62 fNIAmericanCapital ENTERPRISES, INC. 41970 V.&&o SL Ste 120, Muth , CA 92562 Teh951.695.3372 / faa95U95.3763 HISTORICAL COLLECTION PERCENTAGES American's historical collection percentages for the City are shown by account type in the chart at the back of this section which was provided in the last RFP. Shown is 1996 — January 2014 as of that date only. It reflects a 40-50-60% recovery rate on some categories with an overall recovery rate in excess of 10% on nearly $40,000,000 in assignments ITD. We've relied on this chart because we received no placements from 2014 to October of 2017. For the City placements received over the last 18 months,_please see the extensive reports, submitted electronically and directly to "Purchasing" at its request. These stats are for all 40 categories separately on which you resumed assigning us in October of 2017. Those reports, consisting, of 150 pages, have been omitted here for brevity. SERVICES THAT DIFFERENTIATE AMERICAN FROM OTHERS The most important additional collection service is that our attorney personally works your business accounts. This adds extra value to your current American contract. The staff working your type of accounts has nearly 100 years of municipal account experience which is rarely duplicated at other agencies. American can provide access to our collection platform on your accounts. 17 25H-63 Unlike some agencies bidding from distant states from your residents, American is local to the.Southern California area. This allows the debtor to visit our office for payments and counseling. COORDINATION REQUIRED BETWEEN CUSTOMER, CITY AND AGENCY All the necessary coordination is already in place and working efficiently. MINIMUM DOLLAR AMOUNT ACCEPTED All balance sizes are accepted for collections. With our dialer technology, small balance accounts get equal treatment. ACCESS TO AMERICAN'S DATA BASE American would allow computer access to your collection accounts with certain security protocols. MEASURING AND EVALUATING CUSTOMER SERVICE Internal customer service is evaluated on a daily basis by supervisors who observe the operation. See below. RESOLVING COMPLAINTS Customer service complaints are logged and all supervisor calls are taken by the Operations Manger. This ensures the customer has been treated fairly and professionally. She.also handles any BBB and CFPB complaints which are minimal. LEGAL COMPLIANCE Attorney owned and operated, American has a robust compliance program in sync with all FDCPA, HIPAA,,FCRA, Red Flag and other regulatory statutes. IN 25H-64 INFORMATION SECURITY American has information Security Policies and Procedures. IDENTITY THEFT / RED FLAG RULES American has Red Flag Rules, Policies and Procedures. CONDUCT PROVISIONS AND TRAINING Collectors are compliance trained on an ongoing basis by the in- house attorney. ESTIMATED CONVERSION TIMEFRAME We are currently on board and no conversion or City expense is necessary for our continued business relationship COLLECTED MONIES FORWARDED TO CLIENTS American sends its check and Remittance Statement the 20t' of the month following the month of collection. TIMING AND METHOD OF CLIENT PAYMENT American operates on a "net remit" basis. CREDIT REPORTING Eligible accounts are reported to Experian if unpaid after 60 days. AUTHORITY TO COLLECT American is authorized to do business in all states except certain closed states requiring a licensed office in their state. This impact is negligible for CA creditors. 19 25H-65 OFFICE HOURS AND PHONES We are open 8:00 AM to 5:00 PM Monday through. Friday and have an 800 number. We work Saturdays as needed. Payments can be made 24/7 on our website. CONFLICTS OF INTEREST There are no conflicts of interest in connection with this RFP. MAINTAINING INFORMATION All necessary information is maintained electronically on the computer and through,our vendor with backup stored off -site. SHORT TIME PLANS TO ENHANCE RECOVERIES Although American believes it maximizes recoveries on a daily basis, it is open to discussing any special City projects or requests. ADDITIONAL INFO TO AID THE CITY IN THE SELECTION PROCESS American respectfully reminds the City that any new Agency would have a learning curve. Therefore, valuable City time and resources may need to be expended in addition to unknown collection results and uncertain professionalism. With respect to rates, a very low commission rate can actually result in lower net back dollars to you because unrealistic commission rates prevent an Agency from doing all that is financially necessary to maximize recoveries. rdl] 25H-66 HiST®RiCAL RECOVERY % CHART z r �' Q z U) U- 0 U C coi 0 io f) Z z Z J F d a U z U w a w a¢ U ¢ U U 2- Z c F¢¢ m J w w x n a c¢ M U c¢ a (q �¢UU W �-W LL LLLL - z a 4. o_a o.aacc=(11 ¢F-f->>> o U U U U U U U U V U U U U U U U U U U U U U U U V U U U U U M o o O o o o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U W M m Mi ` O W r W Q Q W O M g W r M 0 U a W M 1 O q L7 W M O Lr I Orr Nor Q 0 Q M q Q W W W 0 0 W N N.N-- h Z ry a } a W M W W N r Q r r W O r r r N o N r 0 N f r t0 r W M ",Con Q r Q M r w N N r q W F^ M M r W r r N Q U Q s O o e o 0 0 0 0 o 0 o e a o -.0W o 0 o e o e o a o 0 e o 0 �ryQ I[1 O1�OM W NO NO�'n tnM7 N W OM CM,i71OOq to O C-4 W r,M Or'n qr W W W 0) O ONO M '<o O LLLi O N MN N r 'oi ID t o r- W im Q N �itdm�'riQ�tioiioirC6C6 f o M L7 N N r M ci'riv' N Q L n M W 0 F-lI% rn ornrWQ000rrMmr M Nrq gOro r. (Oq0 W nrnMQ�nWrn�noW�nor W (D Q)M W rQrQr M O M'o W M f WU N tD Q W M r fD W M M N W r r (o N Q W r In N O O Jr W Mr O N'n0to rqr Qr CD r rN J (o Q O Ip Q m f0 Q O Q ZOO O�n q rQrr Or W P M M ONfOM W QMOO W Or i!] Q N W QN�ONaO W rtn M1llrMr Q0(OrM W r W W rnr N W M (,MO CILOI rU' � M �O r QM4� N Q rW CiYNMNN o f fi M rW Oto W (O N N M gOg4nMr C N M N r N � (1 0)N N !A a N mElf Q U ~ ¢ ZLLJ ? O O CO W LU Li Z J z Fw., O� O 0 Y W Q G z z (L U � w U c 0 c c ¢¢ W 0¢ Z Z CN7~ (Drn- Za p L) UdyUZ o. O� mZ W ZZUoz0f7-U alnZOU m2wWW W l- � }O ~~ O cZ 2- C2 'e L)�YiZ�ZF-c w �co7� Ywzz o cZx g �F-z2z V -�y d OZ-Oc�z0ml- o o W_-- W W z¢ Z O¢ 00 c m ¢ 0 !L ¢ c QQ W m¢m U EL W �o COU¢m-mm W� o¢ U)m¢¢c U) m U` U 21'aQU�UZz o� c¢UU W W(.9 W J} W j W W W c W¢ W (1) d'U.jUmcUUZU �JmJ¢�i JZm W J=W m J�Q oF-JOmCca�ZC x00w00700WO0- UFzZ aOO W ELL LU'LLLUZD 25H-67 i i 25H-68 �_ i E 25H-69 AlArnericanCapital ENTERPRISES, IN'C. 41870 Kah da 5t 51. 120, 64 Mv, CA 92562 TCL 951.695.3372 / Fan 951.695.3763 1 FEE PROPOSAL The collection of bad debt is at the heart of American Capitals' receivable Programs. Whether performing early out functions, purchasing bad debt portfolios, or special clean out projects, it all begins with the skill, expertise and technology acquired in the collection of overdue monies. Our proposed rates follow. These fees are also applicable for the optional contract extension period. BAD DEBT PROPOSAL AMERICAN CAPITAL PROPOSES TO COLLECT THE CITY OF SANTA ANA'S BAD DEBT ACCOUNTS AT THE FOLLOWING FLAT RATES: • First Placement Accounts ............................... Flat 19% Contingency • Second Placement Accounts (If applicable) • Legals .. OTHER PROGRAMS ... 50% Contingency ....................... 40% Contingency • Letter Service (2 Letter Service) ........................ $20.00 Per Account • Early Out Programs ............. :...................... . .......... 12% Contingency (No more than 120 days from billing) • Special Cleanout Projects ..............:................ quoted Upon Request 21 25H-70 AmnericanCapital IO E N T E R P R IS ES I N C. 41870Wf .SLSw 120,6Wrtem,CA92562 Tek 951S95.7372 / lm: 951.6953763 COLLECTION SERVICES AT 19% INCLUDE: • Manual input of all hard copy account information into our computer system. Assignments by electronic media is always available by E-mail, FTP, SFTP file transfers. • Computer matching of any previous City debts with new consumer and business accounts. • Acknowledgement of accounts sent promptly. • First notices in mail to debtors within 24 hours. • Accounts run through the auto dialer providing maximum coverage to obtain debtor response. • Account referral to live collection desk (if no response) • Full complement of notices, as needed, and collector telephone calls to motivate debtors. • Comprehensive skip tracing services • Monthly reports as client designates. Custom reports are available. • Monthly Remittance of all dollars collected. 22 25H-71 • Eligible accounts listed with Experian (via data transfer) to help effectuate eventual payment up to 7 years from the date of debt. • Meetings with City upon request to discuss goals and performance. • Input from Agency on ways to make City processes and coordination more efficient and to save costs. 23 25H-72 City of Santa Ana NON -COLLUSION CERTIFICATION The undersigned hereby certifies on behalf of AMEX t'%'J Gt('ML GiJi. -DJC- ("Proposer'), and hereby declares under penalty of perjury under the laws of the State of California, that this Collection Agency Services Proposal is genuine and not sham or collusive, nor made in the interest of or on behalf of any person not herein named; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham proposal nor solicited any other person, firm or corporation to refrain from submitting a proposal; the Proposer has not communicated, directly or indirectly, with any other Proposer regarding the amount, price, and/or service rates proposed herein; and Proposer has not in any manner sought by collusion to secure for himself/herself/itself any advantage over any other Proposer. We declare the foregoing is true and correct under penalty of perjury under the laws of the State of California. Signed, thisz`r17r day of li-PP--];t- , 2019 in. 1"J P-(��—TA (State of) C.tk IF SOLE OWNER: Signature of Owner Print Name IF PARTNERSHIP: Signature of Partner (General Partner) IF CORPO TIONlLLC: re of President/Managing Member (� . Mtt-1�tL3on/ Signature of M Name City of Santa Ana Collection Agency Services Request for Proposals:9 19-024 March 29, 2019 %Z / /y Date Page 115 25H-73 We don't work for our clients, we partner with them. Learn more 61www.amcapinc.com All Claims Worked Professionally and Ethically Although we aggressively pursue past due dollars, all debtors deserve to be treated with dignity and respect. Professional Affiliations ACA International ACA Members' Attorney Program California Association of Collectors International Assoc. of Commercial Collectors www.amcapinc.com AdAmerlcanCapital ENTERPRISES, INC. 41070 Ka6da SL Stu 120, MaT;@ a, CA 92562 TA- 951.695.3372 / Fan 951 b95.3763 !NEGOTIATE® FEE PROPOSAL * EXHIBIT B The collection of bad debt is at the heart of American Capitals' receivable programs. Whether performing early out functions, purchasing bad debt portfolios, or special clean out projects, it all begins with the skill, expertise and technology acquired in the collection of overdue monies. Our proposed rates follow. These fees are also applicable for the optional contract extension period. BAD DEBT PROPOSAL AMERICAN CAPITAL PROPOSES TO COLLECT THE CITY OF SANTA ANA'S BAD DEBT ACCOUNTS AT THE FOLLOWING FLAT RATES; • First Placement Accounts • Second Placement Accounts (If applicable) Legais ................. OTHER PROGRAMS • Letter Service (2 Letter Service) • Early Out Programs ........................... (No more than 120 days from billing) • Special Cleanout Projects ............ 21 17% Flat i9% Contingency 30% 30°/crContingency 30% ............... -8%-Contingency $20.00 Per Account 12% Contingency Quoted Upon Request *Contingent upon a 5 year contract for all assignable bad debt. 25H-76 EXHIBIT 2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT, made and entered into this 16th day of July, 2019, by and between Penn Credit Corporation, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into that certain Agreement (#A-2014-146), dated June 17, 2014, (hereinafter "said Agreement") by which Consultant having special skill and knowledge in the field of debt collection agreed to perform such services to the City for debt's owing to the City and placed for collection commencing July 1, 2014, for which Consultant has provided debt collection services to the City. B. The Term of said Agreement was three (3) years effective as of July 1, 2014 and ending June 30, 2017. C. The parties subsequently into a First Amendment to Agreement (#A 2017-122), dated May 17, 2017 to amend the Term to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019. The parties also amended the Scope of Services with respect to the types of debt for which the Consultant would provide collections services to the City on a go forward basis to include only "permissible debts" as set forth in the Federal Fair Credit Reporting Act (FCRA) guidelines effective September 1, 2016. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Term to provide for an additional two (2) year period beginning July 1, 2019 and ending June 30, 2021. E. The parties also wish to amend the Scope of Services with respect to the types of debt for which the Consultant shall provide collections services to the City to include only debts assigned to Consultant prior to July 1, 2019. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: The parties hereto now desire to amend Section 1, subsection (A) of said Agreement, "SCOPE OF SERVICES" as follows: a. Define the term "overdue miscellaneous accounts receivable billings" to include only debts assigned to Consultant prior to July 1, 2019. 2. Section 3 of said Agreement, "TERM" shall be amended as follows: 25H-77 EXHIBIT 2 This Second Amendment to Agreement shall commence on July 1, 2019 and terminate on June 30, 2021, unless extended by subsequent amendment of this Agreement or terminated earlier in accordance with Section 12 of said Agreement. 3. This Second Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. (Signatures on following page) 25H-78 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first,aliovd written. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney _ J BY: LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs, Executive Director Finance & Management Services Agency CITY OF SANTA ANA: KRISTINE RIDGE City Manager Chief Executive Officer Penn Credit Tax. ID FEIN # 23-2470030 25H-79 25H-80 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT; ADOPT A RESOLUTION AMENDING RESOLUTION NO.2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN; AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA POLICE MANAGEMENT ASSOCIATION (SAPMA). (STRATEGIC PLAN NO. 7, 4, 8r 6) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an Appropriation Adjustment to move $688,182 from the General Fund Non - Departmental accounting unit into the appropriate General Fund accounting units noted in Exhibit 1. Adopt a Resolution Amending Resolution No. 2015-026 to include certain changes to the City's Basic Classification and Compensation Plan. Exhibit 2. 3. Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana Police Management Association (SAPMA) for the period July 1, 2018 through June 30, 2021, regarding wages and other terms of conditions of employment as Exhibit 3. DISCUSSION The City and the SAPMA recently completed contract negotiations resulting in a new three-year Memorandum of Understanding (MOU). The MOU covers July 1, 2018 through June 30, 2021. The major provisions of this agreement include: 1. Term: A three-year term, from July 1, 2018 through June 30, 2021. 2. Salary: Effective July 1, 2019, the base salary of classifications covered by this MOU shall be increased by approximately ten percent (10%). Effective July 1, 2020, the base salary of classifications covered by this MOU shall be increased by approximately four percent (4%). 55A-1 Agreement with SAPMA 2018-2021 July 16, 2019 Page 2 3. Sworn Step "E": Effective July 1, 2019, a Step "E" (approximately 5% increase from Step "D") will be added to the sworn classifications in this unit. 4. Sworn Performance Bonus: Performance Bonus and/or Merit Step Advancement available when it is determined that their overall performance significantly exceeds or exceeds expectations as outlined in Section 4.8 of the MOU, at the Chiefs discretion after completing 1 full year at D or E step during the period of July 1, 2019 through December 31, 2020. On 12/31/20 this provision will sunset and then beginning 1/1/2021, sworn employees will be eligible for only a performance bonus when it is determined that their overall performance significantly exceeds or exceeds expectations as outlined in Section 4.8 of the MOU after completion of one (1) full year at E Step. Non -Sworn will remain unchanged with eligibility after completing 1 full year at D Step. 5. Eliminate Compaction: Effective July 1, 2020, the City agrees, after implementation of the four percent (4%) increase to base salary adjustment effective July 1, 2020, to maintain an approximate five percent (5%) between the classifications of Sergeant (top step with all eligible pay additives) in the Santa Ana Police Officers Association unit and Police Commander (Lieutenant) (Step "D" including Supervisory Post and Bilingual additives). 6. Education Incentive Restructure: Effective July 1, 2019, (Current PMA members, employees hired or promoted into the PMA unit on or after July 1, 2019 shall not be eligible for the Educational Incentives Program described in 6.1 in the MOU (Attachment 3) but shall now be eligible for the Education Incentives as described below. Those that were previously receiving incentives in Section 6.1 shall be grandfathered in to continue to receive those incentives, should they qualify for the provisions below on or after July 1, 2019, shall not be eligible for both only the greater benefit of the two. • Supervisory POST = 5% on base pay (cap=5%). • Supervisory POST AND Cal Command OR FBI Cert = 10% on base pay (cap=10%). • MA/MS Degree AND Supervisory POST = 10% on base pay (cap 10%). • MA/MS Degree AND Supervisory POST AND Cal Command College OR FBI Cert = 15% on base pay (cap 15%). NON -SWORN • MA/MS Degree — 5% (cap 5%). 7. Long Term Disability (LTD): Effective January 1, 2020, the City shall increase the maximum monthly plan benefit from $5,000 to $7,500 per month. 8. Holidays: Effective January 1, 2020, the City shall add Cesar Chavez (March 31s') as a city recognized holiday. 9. Vacation Carry-over: Effective December 31, 2019, any vacation not used by December 31s' of each calendar year that is above the maximum carry-over amount shall be cashed out at a straight -time rate. Members are only eligible for cash out if they used 80 hours of vacation during the calendar year. 55A-2 Agreement with SAPMA 2018-2021 July 16, 2019 Page 3 10. Retiree Health Savings (RHS): Effective July 1, 2019, the City shall increase the contribution to member's ICMA-RC account by 1.25% for a total contribution of 4% total. 11.Credit of Unused Sick Leave: Upon adoption of the MOU, members with at least 10 (ten) years or more of full-time City service that retire from the City within 120 days of separation from employment can convert up to 2000 hours of accrued un-used sick leave towards CaIPERS service credit. 12. Classification of Correctional Manager: Effective upon adoption of this MOU, the City shall amend the Basic Classification and Compensation Plan in order to move the classification of Correctional Manager from Santa Ana Management Association (SAMA) to the SAPMA unit as a non -sworn member at the monthly five (5) step -salary rate range; PMA-NSWN 754 $8,269 - $10,055 (range prior to salary increase effective July 1, 2019, as described in item #2 above). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #7 — Team Santa Ana, Objective #4, Establish employee compensation that attracts and retains a highly qualified workforce, objective #5, Create a culture of innovation and efficiency within the organization, objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success, and objective #7 Develop a culture of motivated and innovative leaders in the organization. FISCAL IMPACT The additional expenditures will be recorded in the affected departmental salary accounts (no. series 61000). It is estimated that this agreement will result in expenditure of $688,182 for FY 19- 20 and $1,125,844 for FY 20-21 for a total of $ 1,814,026 during the term of this agreement as summarized below: Appropriation Adjustment — General Fund This agreement will result in a cost of $688,182 (within the various salary accounts 61000) during fiscal year 2019-20, entirely within the General Fund. However, there is no net increase to the budget. The budget allocation only needs to be moved from non -departmental into the appropriate accounting units. Detail by Fund Accounting Unit (General Fund) is noted in Exhibit 1. APPROVED AS TO FUNDS AND ACCOUNTS: 010 ([ Steven V. m Kathryn Down , CPA `Executive Director Executive Director Human Resources Department Finance and Management Services Agency Exhibits: 1. Impact by General Fund Accounting Unit(s) 2. Resolution Amending Resolution No. 2015-026 3. SAPMA MOU July 1, 2018 through June 30, 2021 55A-3 55A-4 O N C1 r-1 O N } LL ei m X CW C a a• m m m m O1 a LD m to Zt m m m LD N 00 m lzt N to N Ln N lD lD to Ln N Lo v a a M ai v o v io � a ui d' 00 N lD n9 M M N N m M r-( N M M M O LL O C U 0 N Ql C C C N d 0 LnO m Y 0) N C U Y � 0 OJ C Y VI O. CL Z aj 00 U ` O > M W N U O 0 C 7 c� U y w Lm Ln N y as D co N U C� C c O_ C O c a>Ln A CL O 0 H L (9 i E C O +'' C O1 -O CC f0 Q O CC 0— f0 yUj '� Y C C N N U C 'ya z 0 LL a.. L2 0 W Z O) O bD f0 —Oi — Q CL U U V) y 0 > 00 C O1 *, Gl J � E j4 3 ar z ci M O m O m m O V1 O M a-i M O„ c-I a-i N N M V -t O lD n n 00 ,0 ' bD a-i c-1 r-I c-I ei ei a --I c-I c-I a-i ci a-i a --I a-i N C O O O O O O O O O O O O O O O W Q u Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C C C C C C C C C C C C O1 Ol N OJ O1 v 4! 4! v OJ N O1 O1 O1 C E E E E E E E E E E E E E E NC t' t' t t M m t a 0. a 0. 0. 0. 0. 0. 0. 0a a 0a 0. 0_ ww d v w w w w w w w v v w ao 0 0 0 0 0 0 0 0 0 0 0 0 0 ar ar v a� v ar ar v ar 0 v a� v ar v p u U u U U U ao a U_ U U U U 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o_ o_ o_ o_ o_ n. a o_ o_ a o_ o_ o_ o. N N 00 00 c-I � 0000 O 00 00 tD cu Y CC C m a v C O z N C O1 (D o � Z 0 Ln '-I O 0 V H Q O � = W p Z 0 Q v e O O ai C 0 z v c 0 LL m L. v C G1 55A-5 y EXHIBIT 2 RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On June 16, 2015, the City Council adopted Resolution No. 2015-026 amending and re-establishing the Basic Classification and Compensation Plan for all Full -Time and Part -Time Classifications of Officers and Employees of the City of Santa Ana ("City'). C. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. D. As part of the bargaining process for the Memorandum of Understanding between the City and the Santa Ana Police Management Association ("SAPMA"), the parties tentatively agreed to move the Correctional Manager position from another bargaining unit into the SAPMA subject to City Council approval. E. The City Council has amended and reestablished the Basic Classification and Compensation Plan on numerous occasions since its adoption. F. It is now desired to amend Council Resolution No. 2015-026, as amended, in order to effect these changes, as shown below: #3161v1 Resolution No. 2019-XXX Page 1 of 3 55A-7 Section 2: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "C" as follows: A. Adding the following full time classification title at the monthly five -step salary rate range indicated: 5-Step Salary Rate Range Effective 07/01/17 Monthly Salary Classification Title SSR Minimum -Maximum Correctional Manager (RM) M- 554 $8,269 - $10,055 (Non -Sworn) Section 3: The Santa Ana City Council amends Resolution No. 2015-026, Exhibit "E" as follows: A. Deleting the following full time classification title at the monthly five -step salary rate range indicated: 5-Step Salary Rate Range Effective 09/01/17 Monthly Salary Classification Title SSR Minimum -Maximum Correctional Manager (AM) AM-737 $8,256 - $10,037 Section 4: All salary rate range classifications are set forth in the City's "Salary Schedule" as periodically updated. Section 5: That except as amended by this Resolution, all other provisions of Resolution No. 2015-026 as amended shall remain in full force and effect Section 6: This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 16th day of July, 2019. Miguel A. Pulido Mayor Resolution 2019-XXX Page 2 of 3 y • APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: &- l k. �9 ! - Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019- to be the original Resolution adopted by the City Council of the City of Santa Ana on July 16, 2019 Date: N3161v1 Resolution No. 2019-XXX Page 3 of 3 Clerk of the Council City of Santa Ana 55A-9 55A-10 EXHIBIT 3 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA ANA AND SANTA ANA POLICE MANAGEMENT ASSOCIATION REPRESENTATION UNIT JULY 19 2018 THROUGH JUNE 309 2021 55A-11 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I Recognition 3 ARTICLE II Non -Discrimination Clause 4 ARTICLE III Attendance, Workday, Workweek and Work Schedule 5 ARTICLE IV Salaries 6 ARTICLE V Assignment and Other Special Pay Additives 13 ARTICLE VI Educational Incentive Program 14 ARTICLE VII Training and Educational Assistance Program 17 ARTICLE VIII Overtime 20 ARTICLE IX Holidays 21 ARTICLE X Vacation 24 ARTICLE XI Other Leaves of Absence 27 ARTICLE XII Employee Insurance 35 ARTICLE XIII Deferred Compensation 38 ARTICLE XIV Retirement 39 ARTICLE XV Technology Stipend 41 ARTICLEXVI Expanded Residency 42 ARTICLE XVII Controlled Parking and Take Home Vehicle Privileges 43 ARTICLE XVIII Discipline 44 ARTICLEXIX Grievance Review Procedure 45 ARTICLE XX Dues Deduction and Indemnification 47 ARTICLE XXI City Rights 48 ARTICLE XXII Strikes and Work Stoppages 50 ARTICLE =II Sole and Entire Agreement 51 ARTICLE XXIV Waiver of Bargaining During the Term of MOU 52 ARTICLE XXV Severability Provision 53 ARTICLE XXVI Term of MOU 54 ARTICLE XXVII Ratification and Execution 55 2 55A-12 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to theprovisionsof the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana Police Management Association (hereinafter called the "Association") as the recognized representative of the bargaining unit which includes full-time Police Department employees in the sworn, "safety -member" classifications and assignments of Police Commander, and Deputy Chief of Police, and full-time department employees in the non -sworn, "miscellaneous -member" classifications and assignments of Police Communications Manager, Police Administrative Budget Manager, Police Administrative Manager, Jail Administrator, Correctional Manager, and Police Systems Manager. (The former titles of Police Lieutenant and Police Captain may continue to be used by the City for such purposes as salary surveys and compensation comparisons for the titles of Police Commander and Deputy Chief of Police, respectively). 55A-13 ARTICLE II 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and the Association agree that they shall not discriminate against any employee in violation of State or Federal law. The City and the Association shall reopen any provision of this Memorandum of Understanding (hereinafter called the "MOU") for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision orprovisions of this MOU in compliance with State or Federal anti -discrimination laws. 2.2 Whenever reference is made to the masculine gender, it shall be understood to include the feminine gender, unless expressly stated otherwise. 4 55A-14 ARTICLE III 3.0 ATTENDANCE, WORKDAY, WORKWEEK & WORK SCHEDULE 3.1 Attendance. Employees covered by this MOU shall be in attendance at their work during hours prescribed by the Police Chief or his or her designee(s) and shall not absent themselves during prescribed hours without authorization from the Police Chief or his or her designee. Employees shall not be required to submit a Leave of Absence Request for absences of two (2) hours or less. 3.2 Alternative Work Schedules. A. All represented employees, except those Commanders assigned as Watch Commanders or assigned to positions designated by the Police Chief as special exemptions, shall be permitted, at the employee's option, to work a 4/10 work schedule. Each workday shall consist of ten (10) hours of work and thirty (30) minutes unpaid mealtime. Said schedule shall be set by the Police Chief and subject to annual review by the Police Chief. B. All represented employees (except those Commanders assigned as Watch Commanders) not assigned to the 4/10 work schedule shall work a 9/80 work schedule. Employees assigned to the 207(k) 9/80 work schedule shall work either five (5) nine -hour workdays in the first seven (7) day span and three (3) nine -hour and one (1) eight -hour workdays in the second seven (7) day span, or alternatively three (3) nine -hour workdays and one (1) eight -hour workday in the first seven (7) day span and five (5) nine -hour workdays in the second seven (7) day span. Each nine (9) hour workday shall consist of nine (9) hours of work and thirty (30) minutes unpaid mealtime. The eight (8) hour workday shall consist of eight (8) hours of work and thirty (30) minutes of unpaid mealtime. C. Police Commanders assigned to the Field Operations Division as Watch Commanders will continue to be assigned to a 3/12 — 4/12 work schedule. The minimum work day for these employees will consist of 11 hours and 30 minutes of work, with 30 additional minutes for meals. A minimum work period shall consist of two (2) consecutive weeks, with three (3) shifts of 11 hours and 30 minutes in one (1) week and four (4) shifts of 11 hours and 30 minutes in the second week. D. For purposes of computing holiday, vacation, and sick leave accruals, an eight (8) hour day shall be the basis for computation. 55A-15 ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all members ofthe Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this MOU. 4.2 SalarySchedule The basic salary schedule, as periodically updated and published by the City is comprised of five (5) steps or rate ranges of pay for swom (Ca1PERS "Safety") employees and five (5) steps or rate ranges of pay for non -sworn (CaIPERS "Miscellaneous") employees. Effective July 1, 2019, a Step "E" (approximately 5% increase from Step "D") will be added to the sworn classifications in this unit. The steps within each range are identified by the letters "A" through "B" inclusive for sworn (Ca1PERS "Safety") classifications and "AA" through "D" inclusive for non -sworn (Ca1PERS "Miscellaneous") classifications, with Step "A" being the lowest step for sworn (Ca1PERS "Safety") and Step "AA" being the lowest step for non-swom (Ca1PERS "Miscellaneous") classifications. The assignment of classes to salary rate ranges during the tern of this MOU is listed in the City's salary schedule, as periodically updated and published by the City. 4.3 Salaries. A. The base salaries of employees covered by this MOU shall be adjusted as follows: 1. Effective July 1, 2019 classifications covered by this MOU shall receive a salary increase of twenty (20) salary rate ranges (approximately 10%). 2. Effective July 1, 2020, employees covered by this MOU shall receive a salary increase of eight (8) salary rate ranges (approximately 4%). 3. Effective July 1, 2020, the City agrees, after implementation of the 4% salary increase effective July 1, 2020 to maintain ten (10) salary rate ranges (approximately 5%) between the classes of Top Step Sergeant including all pay additives available to this classification and Police Commander "D" Step including Supervisory Post Additive (minimum 5%) and Bilingual Pay Additive. 4. The City and Association agree that upon the expiration of this MOU and 55A-16 during the period of good faith negotiations for a subsequent contract, salary and benefits shall continue at the then current rate. B. The parties agree that the City may, at its sole discretion, alter its payroll practices to eliminate the salary and wage step increases system as set forth in its current payroll matrix, as outlined in the City's salary schedule, as periodically updated and published by the City, and replace them with an equivalent percentage system. For example, a five (5) salary rate range increase would not be computed as set forth on the current matrix, but would instead be exactly 2.5%, rounded up to or down to the nearest penny. This system would apply to all salary increases as set forth in this MOU, including Article IV ("Salaries"), Article V ("Assignment and Other Special Pay Additives") and the rate ranges assigned to the classifications represented by this bargaining unit. There shall be no negative consequences to any represented employee by such conversion. C. The City agrees, during the term of this MOU, to maintain thirty-four (34) salaryrate ranges (17%) between the classes of Deputy Chief of Police and Police Commander. 4.4 Application of Basic Compensation Plan. All employees working in classifications of employment covered by this MOU shall be compensated at a monthly rate, as set forth in the City's salary schedule, as periodically updated and published by the City. 4.5 Beginning Rates. An employee appointed to one of the designated sworn (Ca1PERS "Safety") classifications of employment listed in this MOU may be placed by the appointing authority at Step "A," Step `B," Step "C", or Step "D" within the applicable rate range in the schedule to which the class has been allocated by Resolution of the City, provided that such employee shall be assigned such salary step upon the commencement of his or her service in said classification and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of the Article. An employee appointed to one of the designated non -sworn (Ca1PERS "Miscellaneous") classifications of employment listed in this MOU may be placed by the appointing authority at Step "AA", Step "A", Step "B", or Step "C" within the applicable salary rate range as provided above. 4.6 Service. The word "service" as used in this MOU shall be deemed to mean continuous, full- time service in the classification in which the employee is being considered for salary advancement, service in a higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (11) working day of the month shall not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than ten (10) 55A-17 calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOU and any such employee reentering the service of the City shall be considered as a new employee, except that he or she may be reemployed within two (2) years and placed in the same salary step in the appropriate salary rate as he or she was at the time of termination of employment. "Resignation, quit, or discharge" for purposes of this section shall mean leaving City service altogether and not movement within City employment by way of transfer, promotion, or demotion between and among any City departments. 4.7 Advancement Within Ranges. The following regulations shall govem salary advancement within rate ranges: A. For any employee covered by this MOU who has been initially appointed to a step lower than Step "E," advancement to the next higher step (Step "A" from Step "AA," Step "B" from Step "A," Step "C" from Step "B," Step "D" from Step "C," or Step "E" from Step "D" respectively) shall be granted for continued satisfactory and efficient service by said employee in the effective performance of the duties of his or her position. The effective date of an increase from Step "AA" to Step "A," if granted shall be the first (1 1) day of the month following the completion of six (6) months of service at Step "AA." The effective date of such step increase from Step "A," Step "B," Step "C," Step "D", or Step "E" if granted, shall be the first (I) day of the month following the completion of one (1) year of service at the step to which said employee is being advanced. Such merit advancement shall require the following: There shall be on file in the Office of the Executive Director of Human Resources a copy of each periodic efficiency orperformancereport required to be made on the employee by the Civil Service Rules and Regulations and/orthe City Manager during the period of service time of such employee subsequent to his or her last salary advancement. 2. The Police Chief, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the step increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified of the reasons therefore. 3. No advancement in salary above the lowest step in the salary rate range ofthe designated classification shall become effective until approved by the City Manager, except when placement on a salary step above the lowest step in the applicable salary rate range results from promotion under the provisions of Section 4.9 of this Article. 55A-18 B. When any such employee has not been approved for advancement to the next higher salary step, he or she may be reconsidered for advancement to the next higher step above his or her then current step after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service. 4.8. Performance Based Salary Adiustments: Each Non -Sworn employee covered by this MOU who has attained Step "D" may be eligible to receive an annual performance bonus as a one-time monetary incentive payment based on a percentage of current annual rate of base salary in accordance with the following criteria in Section 4.8A-C below. Effective July 1, 2019 through December 31, 2020, eligible Swom employees covered by this MOU who have attained Step "D" or "E" may be eligible to receive an annual performance bonus and/or a merit step advancement as defined in Section 4.7 ofthis MOU. On December 31, 2020, this provision will sunset. Beginning January 1, 2021, Sworn employees covered by this MOU may be eligible only for an annual performance bonus who have attained Step E. Annual performance bonuses are a one-time monetary incentive payment based on a percentage of current annual base salary in accordance with the criteria in Section 4.8A-C below. A. Performance Levels 1. For overall performance rated as'S' Significantly Exceeds Expectations, a one-time monetary incentive payment of five percent (5%). 2. For overall performance rated as '4' Exceeds Expectations, a one-time monetary incentive payment of two and one-half percent (2.5%). 3. For overall performance rated as '3' Meets Expectations, no monetary incentive payment. 4. For overall performance rated as '2' Below Expectations, no monetary incentive payment. 5. For overall performance rated as '1' Significantly Below Expectations, no monetary incentive payment. 55A-19 B. Upon an employee failing to receive a rating of "Significantly Exceeds Expectations" in their Annual Performance Evaluation, the supervisor shall promptly prepare a written document which details objectives the employee must meet in order to receive a "Significantly Exceeds Expectations" rating for that evaluation period and provide that document to the employee. The employee's evaluation will be held in abeyance for a period no longer than 90 days, allowing the employee time to attempt to achieve the objectives. During this time any Performance Based Salary Adjustment for an "Exceeds Expectations," if awarded, shall not be processed. Ifthe employee fails to achieve a rating of "Significantly Exceeds Expectations" within the 90day period, helshe will not be eligible for the "Significantly Exceeds Expectations" bonus for that rating period. C. Application of Guidelines Any one-time incentive payment granted under this plan is not an increase in base salary and no salary rate range applicable to any Association employee covered by this MOU shall be changed or deemed to have been changed by reason of such payment. However, such incentive payment for Classic Ca1PERS members as allowable under CCR Section 571a will be reported to Ca1PERS as special compensation for calculation towards retirement. 2. In the event that CalPERS determines that such payments do not meet the definitions listed in CCR Section 571 a as special compensation to be reported to Ca1PERS, the City will convert the incentive payment for eligible employees to a meritorious step on the salary range as set forth in section 4.8C (7) below. 3. Any Association employee that is deemed to be a "New Ca1PERS Member" is not eligible to have the incentive payment reported to Ca1PERS as special compensation. See, Government Code section 7522.34(c) and PERS circular 200-064-17 dated December 6, 2017, a bonus is not "PERSable" compensation for new members. 4. Any Association employee that is off on IOD or other leaveof absencewhose Performance Appraisal date occurs while off work will have their appraisal date adjusted when returning to work for the time not worked. The employee will not be eligible for the incentive bonus payment until completing the required time in their regular position necessary to be evaluated per current departmental policy. 10 55A-20 5. Performance based monetary incentive payment amounts for Association personnel shall be recommended by the employee's Supervisor and requires the approval of both the Police Chief and City Manager. The Police Chief shall be responsible for the development and administration of detailed administrative procedures and guidelines for the consistent and effective application of the Association performance appraisal evaluation criteria. Such procedures and guidelines shall define how performance objectives, measure and standards are developed; when and how performance reviews are to be carried out; how overall performance ratings will be determined; and how performance based monetary incentive payment options are to be exercised. If it is determined by PERS that the "Bonus" is not eligible to be included as PERSable compensation, the City shall convert the bonus to two (2) additional merit based steps at increments of 2.5% for the last year that the employee earned the Bonus. The Association understands and agrees that these steps would be merit based and employees must maintain a Significantly Exceeds Rating to receive or maintain the 5% or Exceeds expectations rating to receive or maintain the 2.5%. Employees who do not receive Significantly Exceeds rating or Exceeds Expectations rating will be returned to Step 4 of the Association salary schedule. 4.9 Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification, he or she shall be reassigned to the lowest step in the appropriate salary rate range for the higher classification that gives the employee a minimum increase of one (1) salary step (approximately 5%) over his or her current base salary step (plus any pay for performance bonus if said employee was at top step in their current classification) and exclusive of any pay additive or additives such as shift differential, assignment pay, special skill pay or the like. 4.10 Demotion. When an employee is demoted to a position in a lower classification, his or her salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) step. B. The new salary rate must be within the appropriate salary rate range. D. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. 11 55A-21 4.11 Reallocation of Salary Rate Ranges. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salarystep in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 12 55A-22 ARTICLE V 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 5.1 Bilingual Assienment Pay. An employee who speaks both English and either Spanish, Samoan, Vietnamese or other languages designated by the Police Chief, will be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below: A. Any Deputy Chief of Police or Police Captain who has been certified by the Executive Director of Human Resources as having satisfactorily demonstrated conversational fluency in both languages shall be paid a monthly differential of one hundred seventy-five ($175) above his or her then current base monthly salary step. B. Any other member of the Association who works in a position where it has been determined by the Police Chief that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major and essential element of the work being performed, as determined by the Police Chief or his or her designee, shall be paid a monthly differential of one hundred seventy five ($175) above his or her then current base monthly salary step, upon certification by the Executive. Director of.Human Resources that this person has satisfactorily demonstrated conversational fluency in both languages. 13 55A-23 ARTICLE VI 6.0 EDUCATIONAL INCENTIVE PROGRAM 6.1 Effective July 1, 2019, all eligible members of PMA currently receiving Educational Incentives listed in Section 6.IA—I (as described below) as of July 1, 2019 will be "grandfathered in" to continue to receive those incentives. In no event shall the application of this Educational Incentive program described in Section 6.1 result in an employee being eligible to earn more than ten percent (10%) above his or her then current base monthly salary step. A. FBI National Academy. Any employee covered by this MOU who successfully completes the FBI National Academy shall be paid at a rate set ten (10) salary rate ranges (approximately 51/o) above his or her then current base monthly salary step. B. California Command College. Any employee covered by this MOU who successfully completes the California Command Collegeshall bepaid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. C. LAPD Leadershiu Program. Any employee covered by this MOU who successfully completes the LAPD Leadership Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. D. Police Executive Research Forum (PERF) Senior Management Institute for Police. Any employee covered by this MOU who successfully completes the Senior Management Institute for Police shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. E. FBI National Academy (LEEDS Program). Any employee covered by this MOU who successfully completes the FBI LEEDS Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. F. International Association of Chiefs of Police. Any employee covered by this MOU who successfully completes the Leadership in Police Organizations Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. G. Homeland Security Executive Leaders Program. Any employee covered by this MOU who successfully completes the Homeland Security Executive Leaders Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) 14 55A-24 above his or her then current base monthly salary step. H. Advanced Leadership Program. The advanced leadership courses listed below represent curriculum that exceed minimum training mandates for law enforcement managers. The subject matter addresses a variety of critical topics associated with advanced organizational development and the role of leaders within the organization. All courses are applicable to sworn and civilian managers. Any employee covered by this MOU who successfully completes a cumulative total of 112 hours of the below listed advanced leadership courses shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. Leadership Courses Hours Command Institute for Law Enforcement Executives F.B.I. — LEEDA 40 Contemporary Leadership Issues F.B.I. — LEEDA 32 Executive Development Course P.O.S.T. 80 Management Civilian Seminar (Part 1) (P.O.S.T.) 24 Management Civilian Seminar art Hi P.O.S.T. 24 Organizational Leadership (P.O.S.T.) 40 Police Management Seminar Advanced P.O.S.T. 24 Supervisor Leadership Institute F.B.I. — LEEDA) 40 POST Management Update 24 POST Supervisory Update 24 FBI-LEEDA Executive Survival 32 Role of the Police Chief 40 POST Supervisory/Leadership Update 24 Effective Executive Communication 24 Police Management Seminar Advanced 24 Civilian Management Seminar 40 Advanced Civilian Management 24 I. Additional Courses. Any other course, 24 hours or longer, which focuses on developing leadership skills or increasing knowledge of contemporary law enforcement issues of a managementlexecutive nature, or which enhances knowledge of community policing strategies or trends, shall be reviewed and approved by the Chief of Police after he/she ensures that the above criteria are met. 6.2 Educational Incentive Program: Effective July 1, 2019 for all members covered by this MOU, including Current PMA members, employees hired or promoted into the PMA unit on or after July 1, 2019, shall not be eligible for the Educational Incentives Program described in Section 6.1 A -I (above) but shall now be eligible for the Education Incentives listed in this section of this MOU. Those that were previously 15 55A-25 receiving incentives in Section 6.1 A -I that qualify for the provisions in this section on or after July 1, 2019, shall not be eligible for both, only the greater benefit of the two. A. SWORN ONLY Sworn employees may only qualify for one (1) Education Incentive Level at one time and not intended to be compounded with one another. 1. Level I - Any sworn employee covered by this MOU who successfully obtains his/her Supervisory POST certificate, shall be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his orher then current base monthly salary step (cap=5%). 2. Level 2 - Any sworn employee covered by this MOU who successfully obtains his/her Supervisory POST AND California Command College OR FBI National Academy shall be paid at twenty (20) salary rate ranges (approximately 10%) above his or her then current base monthly salary step (cap=10%). 3. Level 3 - Any sworn employee covered by this MOU who attains their MA/MS Degree AND, Supervisory POST shall be paid at twenty (20) salary rate ranges (approximately 10%) on above his or her then current base monthly salary step (cap 10%). 4. Level 4- Any sworn employee covered by this MOU who attains their MA/MS Degree AND Supervisory POST AND California Command College OR FBI National Academy shall be paid at thirty (30) salary rate ranges (approximately 15%) on above his or her then current base monthly salary step (cap 15%). B. NON -SWORN 1. Any non -sworn employee covered by this MOU who successfully attains a Masters of Art or Master of Science degree shall be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step (cap=5%). 16 55A-26 ARTICLE VII 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 7.1 Purpose. A. To encourage the employees of the City of Santa Ana to take college courses and special training courses, which will better enable them to perform theirpresent duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 7.2 Eligibility (Updated effective July 1, 2019). A. Application for tuition reimbursement will be considered only from full-time, regular City employees covered by this MOU who have completed probation. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as the G.I. Bill, scholarships, etc. C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required in the course plan to qualify for a degree that is directly related to his job, may be reimbursable only after all required, occupationally -related courses have been completed E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. F. Approval will be limited to courses given byaccredited colleges and universities, city colleges or adult education courses under the sponsorship of a Board of Education and certain non -collegiate training seminars approved by the Police Chief. Other workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution do not fall within the purview of this program but may be authorized and funded by the Police Department with prior approval of the Police Chief. 17 55A-27 7.3 Reimbursement (updated effective July 1, 2019). A. Reimbursement will be based on the cost of tuition or registration fees and all required texts and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. If, however, an employee is required by the Police Chief to attend a particular course or seminar, the expense shall be borne entirely by the Department. B. Costs for required textbooks are eligible for one hundred percent (100%) reimbursement subject to the following conditions: I. That a duplicate of the required textbook(s) was unavailable for loan from the Department library prior to the commencement of coursework; and 2. That any textbook(s) purchased by the City shall be submitted to the employee's Departmental library in order that such textbook(s) may be made available to all employees. C. Tuition and registration costs are eligible for one hundred percent (100%) reimbursement up to a maximum total of two thousand dollars ($2,000) per fiscalyear (including non-P.O.S.T. reimbursable courses and approved non -collegiate seminar training courses). Reimbursement for non -collegiate seminar training courses require the prior approval of the Police Chief and shall be limited to two (2) such courses per year and a maximum of $500 per course. 7.4 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance form and submit it to the Police Chief. B. The Police Chief will recommend approval or disapproval and forward the application to the Human Resources Department. C. The Executive Director of Human Resources will approve or disapprove the application for the City. One (1) copy will be returned to the employee and the duplicate will be retained by the Human Resources Department. It is advisable that the applicant accomplish the procedure so far described prior to the inception of the course or disbursement of personal funds in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy. V 55A-28 D. The employee will submit his or her copy of the approved application to the Human Resources Department within three (3) months after he or she has completed the course and received his or her final grade with appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Applications not submitted to the Human Resources Department within three (3) months following completion of the course become void. E. Upon receipt of the application and required documentation, the Executive Director of Human Resources will compute the amount of reimbursement, authenticate the application and forward it to the Police Chief. F. The Police Chief will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget ofthe Police Department. 19 55A-29 ARTICLE VIII 8.0 OVERTIME 8.1 Compensation for Overtime. Employees in any of the designated classes of employment listed in this MOU are not eligible for monetary compensation for overtime work or for compensatory time off with pay for overtime work, unless so required by the Fair Labor Standards Act, or any other State or Federal laws. 'PI 55A-30 ARTICLE IX 9.0 HOLIDAYS 9.1 Legal Holidays observed by full-timepermanent and probationary employees of the City of Santa Ana are as follows: o January 1 ` - New Year's Day o Third (Yd) Monday in January - In observance of Martin Luther King, Jr's Birthday o Third (31) Monday in February - In observance of Presidents' Day o March 31 L — In observance of Cesar Chavez Day (Effective January 1, 2020) o Last Monday in May - In commemoration of Memorial Day o July 4' - In observance of Independence Day o First (I') Monday of September - In observance of Labor Day o November I I'I - In observance of Veteran's Day o Fourth (41) Thursday in November - In observance of Thanksgiving Day o The Friday immediately following Thanksgiving Day o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. o December 251- In observance of Christmas Day o One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. o Every day proclaimed by the Mayor of the City as a holiday for City employees. Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. 9.2 Full-time permanent and probationary employees covered by this MOU shall be entitled to receive thirteen (13) working days off, eight (8) hours per day, during the calendar year in lieu of the holiday benefits specified in Section 9.1, supra. Therefore, employees with 21 55A-31 alternative work schedules shall be credited with 104 hours ofHolidayTime at the beginning of every calendar year in lieu of thirteen (13) holidays in the year. For purposes of computing holiday accruals, an eight (8) hour day shall be the basis for computation. Said substitute holidays may be taken at any time during the calendar year with prior permission of the employee's supervisor and subject to the operational needs of the Department. However, if an employee who separates from the service of the City has taken time off for holidays in advance of the date or day the holidays actually occur, he or she must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation. 9.3 A employee must actually work at least one (1) day preceding the day a holiday listed in Section 9.1, supra, actually occurs in order to receive credit for such holiday during the month in which it occurs. An employee separating from the service of the City must actually work at least one (1) day following the day a holiday listed in Section 9.1, supra, actually occurs in order to receive compensation for the holiday. A newly appointed employee must complete six (6) months of continuous full-time service in order to receive credit for the Floating Holiday listed in Section 9.1 above. 9.4 Holiday time off may be taken in 30-minute increments. 9.5 Holiday benefits may not be carried over from one (1) calendar year to the next. 9.6 Leave Cash Ootion. Employees covered by this MOU may cash out a combination of holiday, vacation, and management vacation leaves, up to a maximum of 260 hours in a calendar year. A. Holiday Leave: Employees may receive cash compensation, computed on a straight time basis, up to a maximum of eighty (80) hours of their holiday leave benefits, including the floating holiday, set forth in Section 9.2 above. B. Vacation Leave: Employees may receive cash compensation, computed on astraight time basis, forup to a maximum of 150 hours of earned, unused vacation leave benefits, set forth in Sections 10.21) herein. 22 55A-32 2. Effective December 31, 2019, "must -use" vacation earned in the current calendar year over the max carry-over limit will be cashed out as specified in Article 10.2 C 2 and 3. This requires an employee to take at a minimum eighty (80) hours ofvacation leave within the calendar year in order to receive cash out of max carry over hours. If employee does not take eighty (80) hours of vacation leave in the calendar year, the employee will not receive cash -out or carry-over into next calendar year as indicated in Section 10.2 C.2. C. Management Vacation Leave: Employees may receive cash compensation, computed on a straight time basis, up to a maximum of 150 hours of earned, unused management vacation leave benefits, set forth in Section 10.3 herein. Employees covered by this MOU shall accrue 100 hours of management vacation per year. Such cash option may be eliminated or modified to the extent it is construed as overtime under Department of Labor Guidelines implementing provisions ofthe Fair Labor Standards Act. D. Association members who notify the City, in writing, of their intent to retire within 12 calendar months shall be allowed to cash out any and all eligible leave bank balances, including sick leave, upon request. Employees shall receive payment as soon as practical, and no longer than 30 days after the request has been made. If an employee cashes out his or her eligible leave bank balances prior to retirement and subsequently remains employed one year after their initial notice of intent to retire, said employee shall be ineligible to accrue 100 hours of management vacation the next calendar year. 23 55A-33 ARTICLE X 10.0 VACATION 10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose will be used as a guide in the administration of the provisions of this Article. 10.2 Vacation. A. Effective January 1, 2016, the regular and longevity vacation accruals of bargaining unit members were combined into one single vacation bank. The accrual rates remained the same. Members shall accrue the combined vacation with pay on a monthly basis as set forth in the following table. Completed Years Annual Vacation Accrued Monthlt, Ace uil3r'.` Rate 1 120 I,OOOt, 2 120 1000" 3 120 1,0 0-6VE 4 1 120 1W"Oi00� 5 120 • fOQQW�, 6 124 R63' 7 128 BU67X;! 8 132 1"li00;_ 9 1361v33 10 140 11 144]�L'00�3. 12 148 M`22T33 13 152 1�2 67 - 14 15613 0 15 1333 16 14�00- i 17 _ 1'4W,? 18 A200M,71 1�5333 i 20 or more 6 10M,' B. Vacation time off may be taken in increments as small as one (1) hour, with fractional usage rounded upward to the next higher multiple of one (1). 24 55A-34 C. Computing Regular Vacation. 1. In computing vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one (1) additional day of vacation shall be allowed to the employee. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Police Chief, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 2. No employee may carry over from one (1) calendar year to the next, more than the maximum vacation carryover as set forth in the following table. Effective December 31, 2019, any vacation not used beyond the maximum carryover amount from the current calendar year will be cashed out at the employee's baserate ofpay by the City at the end of the current calendar year provided that the employee takes a minimum of eighty (80) hours of accrued vacation leave time off in that calendar year. 3. Any employee that does not take a minimum of eighty (80) hours of vacation leave hours during the calendar year beyond the maximum carryover amount as described in this section 10.2.C.2., the hours beyond the maximum carry over amount from year to year will be forfeited, meaning that no pay shall be received for such unused vacation at any time. This provision constitutes a waiver of any rights to vested vacation benefits under California Labor Code section 227.3. Completed Years Max Carryover 1 120 2 240 3 240 4 240 5 240 6 244 7 252 8 260 9 268 10 276 11 284 12 292 25 55A-35 13 300 14 308 15 316 16 328 17 344 18 360 19 376 20 392 21 400 22 400 23 400 24 400 25 400 4. Employees mayor may not be allowed or required to accumulate or split vacations. The time at which an employee shall take his or her vacation shall be determined by seniority within rank, with due regard for the needs of the service. For purposes of computing vacation accruals, an eight (8) hour day shall be the basis for computation. D. Leave Cash Ootions. Refer to Section 9.6.B.1-2 of this MOU for details. 10.3 Management Vacation Benefit. All employees covered by this MOU will be granted one hundred (100) hours of management vacation per calendar year over the vacation schedules. Employees may accrue a maximum of 480 hours of such Management Vacation. 10.4 Effect of Extended Sick Leave on Vacation Accrual. An employee that is absent on paid sick leave or unpaid leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not accrue vacation credits during that month. 26 55A-36 ARTICLE XI 11.0 OTHER LEAVES OF ABSENCE 11.1 Sick Leave. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness or injury that prevents the employee from performing the duties of his or her position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease. B. Accrual. Each employee shall be entitled to, and shall earn, eight (8) hours of sick leave for each full calendar month of service in which he is employed by the City with full pay, provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. Notwithstanding the foregoing, an employee on leave of absence for service -connected illness or injury who is covered by the provisions of Labor Code Section 4850, shall continue to accumulate eight (8) hours of sick leave for each full calendar month of service for which he or she is employed by the City with full pay during said absence for service - connected illness or injury. For purposes of computing sick leave accruals, an eight (8) hour day shall be the basis for computation. C. Authorized Only When Necessary. Sick leave is not a right which an employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Subsection J below. When an accepted industrial illness or injury has caused a non -sworn employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave will be allowed such employee during the first three (3) days of the statutory waiting period. If the workers' compensation related illness or injury continues past the initial three (3) consecutive days, the employee will have the three (3) used sick days recredited to his or her account. Paid sick leave will continue until the fourth (41) day when the City pays the employee workers' compensation benefits for such illness or injury. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City will deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. 27 55A-37 The City may authorize employees to use sick leave, vacation, or compensatory time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D.. Limit. The maximum total accumulation of sick leave with pay shall be 2,000 hours. Sick leave usage of less than a full day shall be charged in minimum increments of one (1) hour, with fractional usage rounded upward to the next higher multiple ofone (I). E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted all of his accrued sick leave if a licensed physician indicates that the employee will be sufficiently recovered to return to his employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his position provided that the employee has a certificate from a licensed physician stating that the employee is able to perform all the duties of his position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. F. Extension by Use of Vacation. After an employee's sick leave has been exhausted, he or she may be granted permission to take any earned vacation he or she may have accrued. G. Notice. The employee taking sick leave shall notify his or her immediate supervisor as established by the Police Department regulations. When the absence is more than three (3) consecutive working days, the employee must present to the Police Chief a physician's certificate stating that, in the physician's opinion, theemployee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the Human Resources Department with the report of the employee's return to work. A physician's certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration less than three (3) days. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or, sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. 9.1 55A-38 Excess Usage. If sick leave is used in excess of that due and available to an employee, such excess sick leave will, first, be deducted from any available vacation leave benefit; finally, deducted from the next scheduled salary payment. Personal Necessity Leave. Each employee shall be afforded the opportunity to use up to 48 hours of sick leave per calendar year, on a non -cumulative basis, as personal necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, spouse, or registered domestic partner of the employee. As used in this section, a child means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; and a parent means a biological, foster, adoptive parent, a stepparent, or a legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. This section also applies to the employee's grandparent, grandchild, or sibling. California's Healthy Workplaces/Healthy Families Act of 2014 (AB1522) also known as California's Paid Sick Leave Law, required the City to provide paid sick leave to eligible employees upon oral or written request, within the parameters of the law, for the following purposes: • Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee or an employee's qualified family member; • Specified purposes for an employee who is a victim or domestic violence, sexual assault, or stalking. Up to three (3) days of this personal necessity leave may be used: (a) to attend to a serious. accident to members of the employee's immediate family; (b) childbirth; (c) to cope with imminent danger to the employee's home or other valuable property; or (d) when the existence of external circumstances beyond the employee's control make it impractical for him or her to report for duty. For the purposes of this section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his or her specific workday schedule. K. Payment for Unused Sick Leave. (effective upon adoption of this MOU). Payment criteria and limitations. Upon non -disciplinary termination of employment after ten (10) years of cumulative full-time service with the City, each qualified employee shall be entitled to the following cash out provisions below: a. After ten (10) years, but less than 15 years of service, the employee shall be entitled to 50% of the amount of unused sick leave benefits credited to his or her Retirement Health Savings (RHS) account upon the effective 3] 55A-39 date of separation, not to exceed a maximum limit of 640 hours. b. After fifteen (15) years, but less than 20 years of service, the employee shall be entitled to 50% of unused sick leave benefits credited to his or her Retirement Health Savings (RHS) account upon the effective date of separation, not to exceed a maximum limit of 800 hours. C. After twenty (20) years, but less than 25 years of service, the employee shall be entitled to 66.67% of unused sick leave benefits credited to his or her Retirement Health Savings (RHS) account upon the effective date of separation, not to exceed a maximum limit of 1,067 hours. d. After twenty-five (25) years of service or more, the employee shall be entitled to 100% of the amount of unused sick leave benefits credited to his or her Retirement Health Savings (RHS) account upon the effective date of separation, not to exceed a maximum limit of 1,600 hours. 2. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee ofthe City, such payment to be in the amount of two-thirds (2/3) of the total sick leave benefit credited to the employee's account at the time of his or her death, and at the rate of pay effective on the date of the death. 11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of pay in case of death of a member of the employee's immediate family. For purposes of this Section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his/her specific workday schedule. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: A. Any relative by blood or marriage who is a member of the employee's household; B. A parent, parent -in-law, spouse, child, brother, sister, grandparent or grandchild of the employee, regardless of residence; C. Any other relative of the employee by blood or marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required. 11.3 MilitaryLeave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the Executive Director of Human Resources satisfactory proof of his or her order to report for duty. Upon return and upon showing of proof of actual 30 55A-40 service pursuant to such orders, he or she will be reinstated as provided in Section 9- 143 of the Civil Service Rules and Regulations of the City of Santa Ana. B. Temporary Members of the reserve forces of the United States or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one (1) years' service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 11.4 Jury and Witness Leave. When an on -duty employee is called to serve as a juror or witness in any court action, he or she shall be allowed to leave for the time actually required for such service without loss of pay. Each on -duty employee called for such service shall present to the Police Chief for examination the subpoena calling him or her to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. 11.5 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required without loss of any accrued vacation time off benefits. 11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. 11.7 Authorized Absence Without Pay - Short Term. Absence without pay, not to exceed five (5) consecutive working days, may be authorized by the Police Chief. Absence without pay, not to exceed fifteen (15) calendar days, may be authorized by the Department with the approval of the City Manager. Such an absence may be authorized only if, in the judgment of the Police Chief, it serves the best interest of the City. 11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status plus action by the Police Chiefrecommending approval of the request, the City Manager may grant a leave of absence without pay for up to six (6) months. An employee returning to duty with the City shall inform the Police Chief and the Executive Director of Human Resources of his or her intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or a shorter period of the full six (6) months if not taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the employee to his or her former position. 31 55A-41 11.9 Industrial Leave. A. Each "safety member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injurycovered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid his or her normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850. B. Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered abreak in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation, seniority and any other benefits. 11.10 Administrative Leave Policy, The City Manager is authorized to grant, at his or her discretion, paid or unpaid administrative leave for employees covered by this MOU. 11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of catastrophic non -industrial medical condition or injury, the City and Association agree to implement a Catastrophic Leave Donation procedure. Nothing herein shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City of Santa Ana or other provisions of this MOU with regard to granting unpaid leaves of absence. The Catastrophic Leave benefit will be provided for non -industrial injury or sickness only. The leave shall cover the uncompensated time prior to the employee becoming eligible for Long Term Disability (L.T.D). benefits. A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. Employees may donate vacation or compensatory time or one in lieu holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two -week period to submit donations. Donations received after this two -week period shall not be processed. The two -week period for each case shall be designated by the Police Chief or his designee as provided herein below. Donations shall be for a minimum of two (2) hours and a maximum of eight 32 55A-42 (8) hours per donor. All donations must be made in two (2) hour increments, except in lieu holidays must be for eight (8) hours. 4. Any authorization of donations not made in accordance with the procedures outlined in Section C, subparagraph 2 below, will not be processed. 5. All donations shall be irrevocable. 6. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave. B. Eligibility. Regular, full-time employees shall be eligible for Catastrophic Leave donations if the following criteria are met: When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time, vacation, and in lieu holidays, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The Police Chief or his/her designee has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure. Upon receipt of a valid request for donations from an eligible employee, the Police Chief or his or her designee shall post a notice of the eligible employee's need for donations on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. Employees wishing to donate time to an eligible employee must sign his or her authorization of the transfer of such donated time and provide: His/her name, department name, and employee number. 2. The number of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 above. 3. The name, department and employee number of the recipient. 33 55A-43 4. A statement indicating that the donor understands such donation of time is irrevocable. 34 55A-44 ARTICLE XII 12.0 EMPLOYEE INSURANCE 12.1 Health Insurance. The City shall contribute an allowance towards the employee's Cafeteria Benefit plan for health insurance premiums for affected employees and their dependents under The Public Employees' Medical & Hospital Care Act (PEMHCA) which governs the California Public Employees' Retirement System (Ca1PERS) Health Insurance Programs pursuant to the provisions below. A. The City will provide a monthly contribution to health insurance premiums at the following rates: Employee Only $654.00 Employee+l $1,307.00 Employee+ Family $1,700.00 B. Any contribution necessaryto maintain benefits under anyhealth insurance program provided by the City for its employees and their eligible dependents in excess of the amount of the City contribution to the Cafeteria Benefit Plan specified above shall be borne entirely by the employee. C. For each such employee who is covered under a spouse's non -City sponsored health plan, the City will pay the employee a cash -in -lieu payment (subject to taxation as wages) each month in an amount equal to one hundred percent (100%) of the monthly premium amount for the City's lowest "employee -only" coverage, if said employee waives, in writing, City -paid coverage. If an employee waives City provided coverage, said employee shall provide proof of medical insurance coverage in anon -City -sponsored health plan. Said waiver shall include a provision warning such employee that reentry into any of the City -sponsored plans is allowed only at open enrollment, unless there is a qualifying event, and may require proof of insurability for such employee and/or family. 12.2 Dental Insurance. The City agrees to contribute towards the cafeteria Benefit plan the payment of premiums for dental insurance plans provided by the City for employees covered by this MOU and their eligible dependents on the following basis: A. One hundred percent (100%) of the premium cost for "employee -only" coverage. B. Up to one hundred ten dollars ($110) per month per employee for "family" coverage. 35 55A-45 Any contribution necessary to maintain benefits under said dental plans in excess of the amount of the City contribution to the cafeteria plan specified above shall be bome entirely by the employee. For each such employee who is covered under a spouse's non -City sponsored dental plan, the City will pay the employee a cash -in -lieu payment (subject to taxation as wages) each month in an amount equal to one -hundred percent (100%) of the City's contribution, if the employee waives, in writing, City -paid coverage. Such waiver shall include a provision warning such employee that reentry into any City -sponsored plan is allowed only at open enrollment, unless there is a qualifying event, and may require proof of insurability for such employee and/or family. 12.3 Disability Insurance. The City shall continue to pay one hundred percent (100%) of the premium cost for a long term disability insurance plan for employees covered by this MOU as said plan. Effective January 1, 2020, Police Management employees covered by this MOU shall receive a monthly benefit of sixty-six and two-thirds percent (66 2/3%) of their base monthly salary (to a maximum monthly benefit of $7,500). 12.4 Life Insurance. The City shall continue to pay one hundred percent (100%) of the premium cost for term life insurance coverage under the policy it maintains on behalf of its officers and employees in order to provide employees covered by this MOU with life insurance coverage in an amount equal to twice such employee's annual rate of salary to a maximum of three hundred thousand dollars ($300,000), provided said affected employees can provide evidence of insurability of coverage above one hundred fifty thousand dollars ($150,000) if so required by the terms and conditions of said term life insurance policy. In the event any such employee is determined to be ineligible for said insurance coverage, the City will attempt to provide as much coverage as may be obtained at reasonable cost without having to provide evidence of insurability. 12.5 The City shall retain the right to change health, dental and life insurance carriers, administer the insurance benefits provided thereunder, and select and/or change any excess or supplemental insurance carriers as a part of any self-insurance plan during the term of this MOU, provided that employees covered by this MOU continue to receive equivalent benefits and provided that the parties have met and conferred before the changes have been made. 12.6 Cafeteria Benefit Plan. The City provides a Cafeteria Benefit Plan adopted in accordance with the provisions of Internal Revenue Code § 125 for employees covered by this MOU. Affected employees will be eligible to receive cash (subject to taxation as wages) through the cafeteria Benefit plan if they either opt -out ofreceiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they have received through the plan. 36 55A-46 If two City employees are married, at least one of the two employees must maintain insurance coverage. The amount of money that can be redesignated by the employee waiving coverage is limited to the value of the "employee -only" level within each type of insurance. In the event the City experiences an adverse impact in rates due to utilization of the redesignation option, the City and PMA agree to meet and confer over the impact. 12.7 Medical Retirement Subsidy Plan. The City provides the"Vantage Care" Retirement Health Savings Plan ("RHS"), which designated ICMA-RC as the administrator of the plan. A. Effective July 1, 2019, the City shall contribute four (4%) percent ofbase salary, plus pay additives each pay period into the individual accounts of Association members established with the City's plan administrator ICMA-RC. 1. Employees covered by this MOU shall continue to contribute one half ofone percent (.50%) of base salary, plus pay additives, each pay period into their individual RHS accounts established with plan administrator ICMA-RC. 2. In addition to the contributions referenced above, an Association member may contribute unused sick leave, vacation, and other benefits to the trust as defined by the plan guidelines. 3. The program is not intended to create any form of lifetime insurance subsidy, benefit or entitlement. 12.8 Vision Insurance. The City shall maintain in effect its existing vision care plan through EyeMed, for employees covered by this MOU. This plan is voluntary on behalf of the employee and shall be fully funded by the participating employee. 37 55A-47 ARTICLE XIII 13.0 DEFERRED COMPENSATION 13.1 Effective January 1,1977, employees covered by this MOU were granted a onepercent (1 %) salary increase to be utilized toward defen•ed compensation. Effective July 1, 1991, to comply with CalPERS salary reporting requirements, salary rate ranges for employees covered by this MOU were adjusted upward by one percent (1%) to reflect the deferred compensation as salary. For salary reporting purposes, thedefeaed compensation was shown as part of salary, rather than as an add -on benefit. The amounts contributed by the City under this article shall be subject to provisions as outlined in the Internal Revenue Code (IRC) 457. Furthermore, all new contributions and existing assets are to be held for the exclusive benefit of the participants and beneficiaries. IN 55A-48 ARTICLE XIV 14.0 RETIREMENT 14.1 General. The terms of the existing contract between the City and California Public Employees' Retirement System (CalPERS) governing the City retirement benefits of employees covered by this MOU are incorporated by reference herein. The City shall continue to make contributions to CalPERS in accordance with its contract with CAPERS for employees covered by said contract as amended. 14.2 Deferred Retirement. The City will continue to make payment to CalPERS onbehalfof each affected employee, in an amount necessary to pay one hundred percent (100%) of his or her individual employee retirement contribution. Such payments shall be credited to the individual employee's CaIPERS account. Such payments are not increases in base salary and no salary rate ranges applicable to any of the employees covered by this MOU shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and, thus will not withhold Federal or State income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, and not ordinary income. For the purpose of reporting an employee's compensation to CalPERS, the City shall include these payments as if they were part of the employee's base salary. In the event that the City receives a ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each said employee shall forthwith be increased by eighteen (18) salary rate ranges (approximately 9%) for "safety member" employees covered under the 3% at age 50 CalPERS formula and sixteen (16) salary rate ranges (approximately 8%) for all "miscellaneous member" employees covered under the 2.7% at age 55 CalPERS Formula. 14.3 1959 Survivor's Benefit. The City shall provide CaIPERS fourth level of 1959 Survivor's Benefits to all eligible employees in the unit. 14.4 Pre -Retirement Optional Settlement 2 Death Benefit. The City shall provide the Pre - Retirement Optional Settlement 2 Death Benefit to all employees covered by this MOU. 14.5 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to continue to provide Classic Miscellaneous employees covered by this MOU who are defined as Classic Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 with the 2.7% at 55 Service Retirement benefit. 39 55A-49 Payment of 2.7% at 55 Service Retirement Benefit. Classic Miscellaneous employees covered by this MOU shall pay eight percent (8%) of CalPERS reportable compensation toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment shall be implemented as cost -sharing pursuant to Government Code section 20516(f). Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this eight percent (8%) employee contribution shall be implemented through payroll deductions on a pre-tax basis. 2% at 62 Retirement Benefit for New Miscellaneous Members. The City agrees to provide Miscellaneous employees covered by this MOU who are defined as New Members under PEPRA, with the 2% at 62 Service Retirement benefit. The California Public Employees' Pension Reform Act (PEPRA) went into effect on January 1, 2013. The parties agree that if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Final compensation for New Miscellaneous Members will be based on the highest annual average compensation eamable during a period of at least thirty-six (36) consecutive months preceding the effective date of his or her retirement per Government Code Section 7522.32. Effective July 1, 2013, employees covered under the 2% at 62 retirement formula for - Miscellaneous shall pay one half of the normal cost rate, as established by CalPERS. 14.6 3% at 50 Service Retirement Benefit for Classic Safety Members. The City agrees to continue to provide Classic Safety employees covered by this MOU who are defined as Classic Members under the California Public Employees' Pension Reform Act (PEPRA) with the 3% at 50 Service Retirement benefit. Payment of 3% at 50 Service Retirement Benefit. Effective January 1, 2018, Classic Safety employees covered by this MOU shall pay twelve percent (12%) of CalPERS reportable compensation toward the employer cost of the 3% at 50 enhanced retirement formula. This payment shall be implemented as cost -sharing pursuant to Government Code Section 20516(f). Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations this twelve -percent (12%) employee contribution shall be implemented through payroll deduction on a pre-tax basis. 2.7% (cry, 57 Retirement Benefit for New Safety Members. The City agrees to provide Safety 40 55A-50 employees covered by this MOU who are defined as New Members under PEPRA with the 2.7% @ 57 Service Retirement benefit. The California Public Employee's Pension Reform Act (PEPRA) went into effect on January 1, 2013. The parties agree that if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Final compensation for New Safety Members will be based on the highest annual average compensation eamable during a period of at least 36 consecutive months preceding the effective date of his or her retirement. per Government Code Section 7522.32. Effective July 1, 2013, employees covered under the 2.7% @ 57 retirement formula for Safety shall pay one half of the normal cost rate, as established by Ca1PERS. 14.7 Military Service Credit as Public Service. "Safety" employees and "miscellaneous" employees may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service per Government Code Section 21024 14.8 Credit for Unused Sick Leave. All sworn and non -sworn employees covered by this MOU can have unused accumulated sick leave at the time of retirement converted to additional service credit at the rate of 0.004 years of service credit for each day, eight (8) hours per day, of unused sick leave (i.e., 200 days of sick leave equals .80 additional years of service credit), pursuant to regulations prescribed by PERS. Effective upon adoption of this MOU, the maximum total unused sick leave that can be converted shall be two -hundred fifty days (250) eight (8) hours working days equal to two thousand (2000) hours. Any accumulated sick leave in excess of 2000 hours shall be forfeited. The City must report only those hours of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months or 120 days of separation from employment. (Government Code Section 20965) 41 55A-51 ARTICLE XV 15.0 TECHNOLOGY STIPEND 15.1 The City shall provide a $75 a month Electronic Device Stipend ("Stipend") for those Association employees whose positions require the regular use of a cell phone and/or tablet and who choose to use their own personal devices for business -related conversations and activities. These employees may be eligible to receive a Stipend to compensate for business - related costs incurred while using their individually -owned electronic devices. Eligibility for the stipend requires the employee to return to the City any City issued electronic device for which the employee will be substituting his or her personal device. 42 55A-52 ARTICLE XVI 16.0 EXPANDED RESIDENCY 16.1 The City shall continue to permit employees covered by this MOU to reside outside the limits of Orange County, so long as such residency is not an unreasonable distance nor requires an unreasonable response time to the particular employee's place of employment. Any affected employee who desires to take advantage of the opportunityto reside outside of Orange County shall first request permission to do so from the Police Chief. Said request shall be granted by the Police Chief if it is determined that the intended residence is not an unreasonable distance nor requires an unreasonable response time to the employee's place of employment. Should the Police Chief refuse any such request, the employee shall have the right to appeal said determination to the City Manager for reconsideration. 43 55A-53 ARTICLE XVII 17.0 CONTROLLED PARKING AND TAKE HOME VEHICLE PRIVILEGES 17.1 Parking. The City shall provide non-swom employees covered by this MOU with free parking for personal vehicles during on -duty hours in controlled parking facilities in the Civic Center area. 17.2 Take Home Vehicle. All employees in the classifications of Deputy Chief of Police and Police Commander shall receive a City -owned and maintained vehicle fortravelingbetween the employee's residence and the Police Department or other business -related location, as necessary in the performance of his or her duties. m 55A-54 ARTICLE XVIII 18.0 DISCIPLINE 18.1 An employee covered by this MOU may only be disciplined in accordance with the standards and procedures and subjects to all rights of appeal set forth in Section 1000d of the City Charter and Municipal Code Sections 9-9, 9-10, 9-118.1 et. seq. 18.2 In addition, a new section shall be added to the Municipal Code to provide as follows: A. In the event an employee is ordered to absenthimself from the jobbased on probable cause and it is subsequently determined by the Police Chief, the City Manager, Personnel Board or a court of competent jurisdiction, that cause did not exist for the ordered absence, the employee shall have restored to him any paid leaves of absence against which such absence may have been charged, and he shall be granted a retroactive leave of absence with pay for the time during which he was prohibited from performing the duties of his position, less any compensation paid to him by the City during such ordered absence. B. In the event an employee is reduced, suspended, and/or discharged, and upon appeal the City Manager, Personnel Board or a court of competent jurisdiction does not sustain such reduction, suspension, and/or discharge,.the employee shall be entitled to his base rate of salary including all additives, vacation, and sick leave as if such unsustained reduction, suspension, or discharge had not been invoked. However, in no event shall an employee be entitled to any salary credit for vacation and sick leave for any period of time covered by a suspension sustained on appeal or for anyperiod of time waived by the employee as a condition to the granting of a continuance of any hearing on appeal. C. If, during an absence for which an employee is paid pursuant to this Section, he earned any money which he would not have earned had he continued to perform the duties of his position, such sum shall be deducted from the salary otherwise payable to him pursuant to this Section. 45 55A-55 ARTICLE XIX 19.0 GRIEVANCE REVIEW PROCEDURE 19.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees of the Association concerning the interpretation or application of specific provisions of this MOU, or of the rules and regulations governing personnel practices or working conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the Personnel Board by those provisions of the City Charter and the Civil Service Rules and Regulations. No employee shall suffer any reprisal because of filing or processing of a grievance or participation in the Grievance Review Procedure. 19.2 Informal Process. A. An employee must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period often (10) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts given rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within five (5) working days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it to the Police Chief. At this point, the grievance review process becomes formal. Should the grievant and/or his or her designated representative fail to file a written grievance, and in the manner specified above, within ten (10) working days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. 19.3 Formal Process. A. If a grievance is not resolved through the informal process, and a written grievance is filed within the time limits set forth above, the grievant's immediate supervisor shall add his or her comments and any justification he or she considered proper, sign it, and forward it to the Police Chief without undue delay or, in no case, more than ten (10) calendar days. M 55A-56 B. If the grievant files a written grievance to the Police Chief in the manner and within the time limits specified, then a conference shall be held at the request of the employee or the Police Chief. C. Police Chiefshall inform the employee of his or her action within ten (10) calendar days of the conference referenced in subsection (B) above. The original of the grievance form and the Chiefs decision shall be filed in the Personnel Records of the Department. D. If no satisfactory settlement has been reached at the Department level, the employee may, within ten (10) calendar days after being informed by the Police Chiefof his or her decision on the matter, and the reasons thereof, submit the grievance in writing to the City Manager, or his or her duly authorized representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on a basis of the Police Chiefs response. E. The City Manager or his or her duly authorized representative, after a careful review, shall render a final decision on the merits of the grievance, in writing, and return it to the grievant within thirty (30) calendar days after receiving the grievance. A copy of the written grievance to the City Manager, or his or her duly authorized representative, and of the City Manager's or his representative's written decision shall be filed in the Personnel Records of the Department and the grievant's personnel jacket maintained in the Human Resources Department. F. After the procedures set forth in this Article have been exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. 47 55A-57 ARTICLE XX 20.0 DUES DEDUCTION AND INDEMNIFICATION 20.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Association within thirty (30) days following their deduction. 20.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of action, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article. E 55A-58 ARTICLE XXI UMD)1UVAa eW;1 21.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or non-existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent ofservices to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including but not limited to the right contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar nondisciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this MOU. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees forpropercause in Cis 55A-59 accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for nondisciplinary reasons in accordance with this MOU. O. To determine policies, procedures and standards including, but not limited to, quality and quantity standards and to require compliance therewith. P. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU. S. To take any and all necessary action to carry out the mission of the City in emergencies. 21.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. 21.3 Layoffs. During the term of this MOU, the City agrees to meet and confer regarding both the decision and the impact of layoffs to the ranks of Police Commander or Deputy Chief of Police, respectively. 21.4 Transfer of Bargaining Unit Work. As required by the Meyers-Milias-Brown Act, the City agrees to meet and confer prior to the implementation of said transfer as follows: A. Transfer of bargaining unit work from an Association classification to a class not represented by the Association; or B. Transfer of work from a classification outside the Association to a classification represented by the Association. 50 55A-60 ARTICLE XXII 22.0 STRIKES AND WORK STOPPAGES 22.1 Prohibited Conduct. A. The Association, its officers, agents, representatives, and/or members agree that during the term of this MOU, they will not cause or condone any unlawful strike, workout, slowdown, sick-out, or any other unlawful job action by withholding or refusing to perform services. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subject to suspension, demotion or dismissal by the appointing authority. 22.2 Association Responsibility. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Subsection A, Section 22.1 above of this Article, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in the conduct prohibited and return to work. 51 55A-61 ARTICLE XXIII 23.0 SOLE AND ENTIRE AGREEMENT 23.1 It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memoranda ofagreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied between theparties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City Charter. 23.2 The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly adopted ordinances and resolutions, and the affected employees will continue to be governed thereby during the term of this MOU. 52 55A-62 ARTICLE XXIV 24.0 WAIVER OF BARGAINING DURING THE TERM OF MOU 24.1 During the term of this MOU, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours and terms of conditions of employment, whether or not covered by this MOU or in the negotiations leading thereto, unless required by specific provision of this MOU, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU. 53 55A-63 ARTICLE XXV 25.0 SEVERABILITY PROVISION 25.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction or by statue, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits ofcomparable value. 54 55A-64 ARTICLE XXVI 26.0 TERM OF MOU 26.1 The term of this MOU shall be from July 1, 2018 through June 30, 2021. W 55A-65 ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge the City Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this MOU shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association and entered into this 16"' day of July, 2019. Dated: Dated: Dated: ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: gwa A, &>teL� 1„ -CITY ATTORNEY CITY OF SANTA ANA, a Municipal Corporation of the State of California By: MAYOR By: CITY MANAGER By: EXECUTIVE DIRECTOR OF HUMAN RESOURCES 56 55A-66 This 2018-2021 SAPMA Memorandum of Understanding has been ratified by the membership of the Santa Ana Police Management Association. Dated: By: PRESIDENT, SANTA ANA POLICE MANAGEMENT ASSOCIATION 57 55A-67 55A-68 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE A DENSITY BONUS AGREEMENT TO ALLOW A 552 UNIT AFFORDABLE RENTAL PROJECT AT 2110, 2114, AND 2020 EAST FIRST STREET (STRATEGIC PLAN NOS. 3, 2; 5, 3) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Density Bonus Agreement with Santa Ana Pacific Associates, and Santa Ana Pacific Associates II, or assigns, for a 55-year term, for the development of a 552-unit affordable rental project at 2110, 2114, and 2020 East First Street, subject to non -substantive changes approved by the City Manager and City Attorney. PLANNING COMMISSION ACTION At a Special Meeting on June 4, 2018, the Planning Commission recommended approval of the Density Bonus Agreement No. 2017-02 by City Council as conditioned to allow construction of a 552-unit affordable rental residential community at 2110, 2114, and 2020 East First Street located in the Metro East Mixed Use (MEMU) Overlay District (OZ-1). Planning Commission approved the recommended action by a vote of 4:1 (Bacerra opposed). DISCUSSION This item was continued from the May 7, 2019 and May 21, 2019 City Council meetings with direction for staff to provide additional information on the developer's Parking Management Plan. Following this direction, the developer has provided a Parking Management Plan that has been reviewed and approved by the Planning and Building Agency. In summary, the Parking Management Plan provides key implementation and enforcement tools for implementation when the development becomes operational including but not limited to 1) an off -site parking valet service for residents opting to include offsite parking rental as part of the lease agreement and a daily shuttle service to major transit and service hubs during peak demand periods (6-9 am and 3-6 pm), and 2) an on -demand emergency service provided during off-peak hours for residents to get to the offsite parking spaces. Among other enforceable obligations and as part of the agreement with the City, critical to the enforceability of the program, is if overflow of parking from the site is found to occur, the property 60A-1 Density Bonus Agreement for 2110, 2114, and 2020 East First Street July 16, 2019 Page 2 management will cease to lease vacant units or will pay for additional parking spaces off -site. The Parking Management Plan is attached as Exhibit 3. BACKGROUND The Pacific Companies in partnership with Jamboree Housing ("Developer"), is seeking to develop a 552-unit affordable housing project at 2110, 2114 and 2020 East First Street ("Project"). In order to do so, they have requested specific concessions permissible under California Density Bonus Law and the City's Housing Opportunity Ordinance (HOO). While the Density Bonus Law is not going to increase the number of units that they can actually build, the concessions will allow the Developer to build the proposed number of units. The Developer is seeking approval of this Density Bonus Agreement in order to receive their building permit and move forward on their Project. Specifically, the California Density Bonus Law allows developers to seek increases in allowed zoning density by providing additional affordable housing units on -site. To make development of on -site affordable housing units feasible, the law allows developers to request incentives or waivers, which are essentially variances from development standards. Specifically, the developer requested the following concessions: ..Re uRed(­_TtheMEMU M,= Rrovidiad Stories Minimum 3, no maximum 6 Minimum Site Area 1 acre 6.89 acres Permitted Frontage Forecourt, shopfront, gallery, or Shopfront, with plaza on First Street arcade as permitted by MEMU Publicly Accessible Open Space 15 percent of total lot area Less than 2 percent— Requires Concession (1 of 3), Cal. Gov't Code Sec. 65915 d 1 Private/Common Open Space 100 square feet per unit 104 square feet per unit Building Setbacks 0-20 feet (front), 0-10 feet (side), 100 6 (front), 6-40 (side), 45 (rear) — feet (rear) Requires Concession (2 of 3), Cal. Gov't Code Sec. 65915 d 1 Residential Parking 2 spaces per unit overall — every unit 1.03 spaces per unit — Requires must be allocated at least 1 space Concession (3 of 3), Cal. Gov't Code Sec. 65915 (d 1 Courtyard height -to -width Ratios 2 to 1 (enclosed on four sides), 3 to Complies; various ratios in excess of 1 (open on one or more sides 2 to 1 and 3 to 1 provided Driveway Width 24 feet maximum 38-46 feet — Requires Waiver, Cal. Gov't Code Sec. 66915 e 1 Building Massing A variety of massing, volume, and Complies; the building features a step -backs are required to increase step -back along First Street and building articulation breaks in volume to reduce massin The first version of the Density Bonus Law was adopted in 1979 and has been amended from time to time. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to justify a density bonus and places the burden on local granting authorities to prove that the requested incentives/waivers are not financially warranted. The California Density Bonus Law applies to projects proposing five or more residential units and grants density bonuses to those projects meeting certain requirements for affordability levels and types of housing (family, veterans, etc.). Pursuant to State law and the City's Housing Opportunity 60A-2 Density Bonus Agreement for 2110, 2114, and 2020 East First Street July 16, 2019 Page 3 Ordinance, rental units in such developments that are designated "affordable" must remain so for at least 55 years. For affordable housing projects, a developer may seek a density bonus up to 20 percent from base density. In addition, the City's HOO, last updated in November 2015, augments the California Density Bonus Law by allowing a developer to seek an additional 35 percent density bonus calculated from base density (SAMC Sec. 41-1904.1). A summary of the project's proposed density calculation is provided below: Project Density Calculation Densd =o�.Bonus >��*r � _Allovueddfot�Pro ect P„roviiJi:d 620 units (6.89 acres x 90 units/acre base density used as a standard for Base Density developments in areas designated 552 units DC by the General Plan Land Use element 35-Percent State Density Bonus +217 units 620 x 0.35 0 35-Percent Bonus Provided by the +217 units (620 x 0.35) 0 Housing Opportunity Ordinance Total Units 1054 units maximum 552 units proposed Although the Project is proposing a total number of units (552) that is below the maximum City - prescribed density for the Project site based on its acreage (620 units), the developer is able to seek up to three (3) density bonus concessions and a waiver because it is a 100-percent affordable Project. The three (3) requested concessions and the waiver are permitted by State Density Bonus Law. Specifically, the developer is seeking concessions allowed pursuant to Government Code section 65915(d)(1) as listed above pertaining to: publicly accessible open space; building setbacks; and, residential parking; as well as a waiver allowed pursuant to Government Code section 65915(e)(1) pertaining to driveway width. In order to receive these three (3) density bonus concessions and a waiver, the Developer has agreed to restrict all units in the Project, except for five (5) manager's units, to eligible low- and very low-income households. Based on the above calculations, the proposed Project complies with both the California Density Bonus Law and the City's Housing Opportunity Ordinance. As such, a Density Bonus Agreement has been prepared (Exhibit 1). The Developer has paid the City's Density Bonus setup fee in the amount of $82,084.05 to prepare this agreement. The Planning Commission Staff Report from June 4, 2018 provides much more detailed information regarding the requested incentives/concessions (Exhibit 2). Key Items in the Density Bonus Agreement The following is a list of key items agreed upon in the Density Bonus Agreement: The Project shall have no less than five -hundred and fifty-two (552) units which shall be comprised of twenty-seven (27) one -bedroom units, and two -hundred and thirty-nine (239) two -bedroom units, and one -hundred and forty-six (146) three -bedroom units, and one - hundred and forty (140) four -bedroom units, of which five (5) unrestricted units (i.e. manager's unit) with unit sizes as may be determined by the Developer. The affordable units shall be restricted to use an occupancy by eligible households for a total period of no less than fifty-five (55) years including: o No less than fifty-six (56) affordable units in the Project shall at all times during the 60A-3 Density Bonus Agreement for 2110, 2114, and 2020 East First Street July 16, 2019 Page 4 term of the Agreement be rented to very low income tenants at 50% Area Median Income (AMI); and o No less than four -hundred ninety-one (491) affordable units in the Project shall at all times during the term of the Agreement be rented to low income tenants at 60% Area Median Income. • Affordable Rent Schedule. The affordable rents shall be determined by the regulatory agreements entered into between the Developer and the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC) governing the Project. • Maintenance. The Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner. If at any time the Developer fails to maintain the Project then the City shall have the right to enter upon the applicable portion of the Project and perform all acts and work necessary to protect, maintain, and preserve the Project, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such work. • Maintenance Agreement. Developer shall execute a Maintenance Agreement with the City which shall be recorded against the property prior to occupancy. • Marketing Program. Developer shall prepare and obtain City's approval of a marketing program for the leasing of the units at the Project prior to occupancy. • Management Plan. Developer shall submit a "Management Plan" to the City which sets forth in detail Developer's property management duties, a tenant selection process in accordance with the Agreement, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations for the Property and manner of enforcement, a standard lease form, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide 24-hour onsite property management services at the Property ("Property Manager"), and other matters relevant to the management of the Property. • Selection of Tenants. The Developer shall give preference in leasing units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. Implementation of the preference will be monitored by staff in the Community Development Agency. • Monitoring. Owner agrees to pay a reasonable fee for the City's obligation to monitor Owner's compliance with the affordability restrictions contained in the Agreement. • Application and Financial Preparedness. Developer shall submit for review and approval, a booklet to inform interested persons regarding minimum application and eligibility requirements and to assist interested persons with application and financial preparedness and eligibility for residency at the Project at the initial leasing of the units. Developer shall also hold a minimum of two workshops to be coordinated by the Developer at least 12 months prior to the initial leasing of the units. • Onsite Supportive Services, Programs and Amenities. Throughout the term of the Agreement, Developer shall provide residents of the Project access to discounted or no - cost onsite supportive services, programming, and amenities that promote independent living and include but is not limited to: health and wellness services, transportation services, 60A-4 Density Bonus Agreement for 2110, 2114, and 2020 East First Street July 16, 2019 Page 5 social activities, and physical or recreational amenities. • Alternative Transportation and Energy Source, Resource Conservation, and Leadership in Energy and Environmental Design (LEED) Certification. In recognition of the City's desire to optimize the energy efficiency of the Project, Developer agrees to consult with the Project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the Project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures beyond those required by the TCAC minimum construction standards. • Crime Free Housing. Developer shall work with City staff to develop a crime free housing policy, procedure, and design plan. • Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. As part of the Parking Management Plan, Developer must implement a parking shuttle and/or valet service. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the Planning and Building Agency for a Parking Management Plan. The Density Bonus Agreement has been signed by the Developer to acknowledge their acceptance of the terms. The Agreement is not considered final until the City Council has reviewed and approved the Agreement and the Agreement is executed by all parties. Project Description The Project includes demolition of two commercial buildings and construction of an affordable rental family -oriented mixed -use community with 10,000 square feet of leasable commercial space. The Project will contain two structures consisting of a ground -level parking area and five levels of residential above. The original addresses of the two commercial buildings that were demolished were 2110 and 2114 East First Street. The adjacent office building at 2020 East First Street was included in the public noticing. Once constructed, the two new structures will receive new addresses. 2110 will become 2112 East First Street, and 2114 will become 2116 East First Street. The new development does not alter or affect the existing office building located at 2020 East First Street. Although not part of the current entitlement, the applicant has submitted a tentative parcel map application to subdivide the Project site for financing purposes in order to facilitate construction of both buildings. The tentative parcel map application will require review and action by the City's Zoning Administrator. A total of 552 affordable rental units will be provided on the Project site. The project will include one -bedroom units (27), two -bedroom units (239), three -bedroom units (146), and four -bedroom units (140) ranging in size from 610 to 1,266 square feet. All units will contain full kitchens, bedrooms, bathrooms, in -unit storage, and open/common (living) areas. A total of 566 resident and guest parking spaces will be provided in an at -grade parking area beneath the residential levels, as well as 50 parking spaces for the commercial component and 4 spaces for the leasing office and the development's employees. As proposed, the Project requires 60A-5 Density Bonus Agreement for 2110, 2114, and 2020 East First Street July 16, 2019 Page 6 approval of a waiver from the MEMU overlay district's development standards and concession of the California Government Code Section 65915 (d)(1) for the total number of residential parking spaces per unit. Two (2.0) spaces per unit overall are required by the MEMU and 1.03 spaces per unit are provided. Constructing 2.0 parking spaces per residential unit on the Project site would require the developer to construct an additional level of parking either above- or below -grade resulting in increased construction costs and/or a loss of an entire level of residential units. The potential impacts to the Project and neighborhood resulting from the reduced parking will be mitigated by the inclusion of a parking shuttle and/or valet service on site. The concession for onsite parking was included in the Site Plan Review No. 2017-09 approved by the Planning Commission as conditioned. The Planning Commission Staff Report from June 4, 2018 provides detailed information regarding this concession. The approval of the Density Bonus Agreement is in compliance with Section 41-1600 and Section 41-1904.1, et seq., of the Santa Ana Municipal Code, and Section 65915, et seq., of the California Government Code. However, the approval of the Density Bonus Agreement shall not be construed as approval of the financing requested by the Developer for the Project and does not bind the City in any form to provide future funding for the development of the Project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective # 5 (leverage private investment that results in tax base expansion and job creation citywide) and Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. Steven A. Mendoza Minh Thai Executive Director Executive Director Community Development Agency Planning and Building Agency Exhibits: 1. Density Bonus Agreement 2. Planning Commission Staff Report from June 4, 2018 3. Parking Management Plan EXHIBIT 1 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council Free Recording pursuant to Government Code 17383 DENSITY BONUS HOUSING AGREEMENT This DENSITY BONUS HOUSING AGREEMENT ("Agreement"), made and entered into this 16te day of April, 2019 ("Effective Date"), by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Santa Ana Pacific Associates, A California Limited Partnership, a California limited partnership, and Santa Ana Pacific Associates II, A California Limited Partnership, a California limited partnership (collectively, "Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the leasehold owner of certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 2110, 2114, and 2020 East First Street, Santa Ana, California, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Developer is proposing to develop an affordable rental family -oriented mixed use commercial and residential community consisting of 9,998 square feet of leasable commercial area and five -hundred and fifty-two (552) residential units on the Property as more particularly set forth in Density Bonus Application No. 2017-02 and Site Plan Review No. 2017-09 ("Project"). C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities to property owners who guarantee that a portion of their residential development will be available to low income, very low- income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very low-income, low income and senior households throughout the city. D. Although the Project is proposing a total number of units (552) that is below the maximum City -prescribed density for the Project site based on its acreage (620), the Developer is able to seek up to three (3) density bonus concessions and a waiver because it is a 100-percent 60A-7 EXHIBIT 1 affordable Project. The three (3) requested concessions and the waiver are permitted by State Density Bonus Law. Specifically, Developer is seeking concessions allowed pursuant to Government Code section 65915(d)(1) pertaining to: publicly accessible open space; building setbacks; and, residential parking; as well as a waiver allowed pursuant to Government Code section 65915(e)(1) pertaining to driveway width. E. For the purpose of implementing State Density Bonus Law, City Density Bonus for Affordable Housing, and City Housing Opportunity Ordinance concessions in response to Developer's request for three (3) density bonus concessions and a waiver, Developer has agreed to restrict all Units in the Project, except for five (5) manager's units, to Eligible Households, which includes Very Low Income and Low Income Tenants. F. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law, City Density Bonus for Affordable Housing, and City Housing Opportunity Ordinance. For purposes of this Agreement, the Project shall be the "housing development" as defined in the State Density Bonus Law. G. In light of the purpose of the State Density Bonus Law, City Density Bonus for Affordable Housing, and City Housing Opportunity Ordinance, and the express provisions of Government Code section 65915(n), as well as Santa Ana Municipal Code section 41-1904.1, the City has determined to grant Developer's application for density bonuses and related concessions and incentives. H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, is intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the Density Bonus concessions and incentives set forth herein. I. The Developer has paid the City's Density Bonus Setup fee in the amount of $82,084.05. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by the California Tax Credit Allocation Committee, from time to time, in administering the low income housing tax credit programs. .1 m EXHIBIT 1 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to very low or low income tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area ("PMSA") as published by the United States Department of Housing and Urban Development ("HUD"), adjusted for family size. 1.1.4 "Affordable Units" means five -hundred and fiRv-two (552) emits which shall be comprised oftwenty-seven (27) one (1) bedroom Units, two -hundred and thirty-nine (239) two (2) bedroom Units, one -hundred and forty-six 0461'three (3) bedroom Units, and one -hundred .and forty 0 40) four (4) bedroom Units, of which five (5) Unrestricted Units (i.e. — manager's unit), with unit sizes as may be determined by the Developer. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.6 Reserved 1.1.7 "City" means the City of Santa Ana, California 1.1.8 "City Council" means the City Council of the City of Santa Ana. 1.1.9 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.10 "City Manager" means the City Manager for the City of Santa Ana. 1.1.11 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.12 "Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. 1.1.13 Reserved 1.1.14 "Developer" means collectively, Santa Ana Pacific Associates, A California Limited Partnership, a California limited partnership, and Santa Ana Pacific Associates II, A California Limited Partnership, a California limited partnership, and their permitted successors and assigns to all or any part of the Property. 1.1.15 "Effective Date" means the date the City Council of City approves this Agreement and from then on this Agreement shall be in full force and effect. 60A-9 EXHIBIT 1 1.1.16 "Eligible Household" means a Household whose income does not exceed the qualifying limit for a "very low income tenant" or "lower income tenant" as defined herein, which means persons and families whose income does not exceed the qualifying limit for very low income or lower income households. 1.1.17 "Household" means all persons residing in a Unit. 1.1.18 "Low Income Tenant" means persons and families whose income does not exceed eighty percent (80%) area median income for the Orange County, California PMSA, adjusted for household size, as published by the California Tax Credit Allocation Committee. 1.1.19 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit, as periodically published by the California Tax Credit Allocation Committee. 1.1.20 "Monthly Rent" means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.21 "Project" means that certain residential development as more particularly described in Recital B and Section 2 of this Agreement. 1.1.22 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.23 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.24 "Unit" means a residential dwelling unit within the Project to be constructed by Developer pursuant to this Agreement. 1.1.25 "Unrestricted Units" means the Units within the Project to be constructed by Developer to a Household without restriction (i.e. — manager's unit). 1.1.26 "Very Low Income Tenant" means persons and families whose income does not exceed fifty (501/o) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by the California Tax Credit Allocation Committee. 60A-10 EXHIBIT 1 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A — Legal Description of the Property 1.2.2 ExhibitB— TenantVerification 2. DEVELOPMENT OF THE PROPERTY 2.1 Proiect. Developer shall develop, operate, and maintain the Property as a five - hundred and fifty-two (552) Unit affordable rental family -oriented mixed -use commercial and residential community. 2.2 Density Bonus. The Project shall have five -hundred and fifty-two (552) Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is not utilizing a density bonus increase provided by the State Density Bonus Law or a density bonus provided by the City's Housing Opportunity Ordinance. However, Developer is only proposing five -hundred and fifty- two 552 Units, so Developer shall not construct or develop, or otherwise claim a right to construct or develop any additional State and/or City Density Bonus Units on the Property. 2.3 Development Concessions and Waivers. As set forth in the City entitlements, Developer petitioned for and was granted the following concessions and waivers as part of the approval of Site Plan Review No. 2017-09 for the Project: 2.3.1 The residential parking requirements for the Project shall be reduced from two (2) spaces per unit overall to 1.03 spaces per unit. 2.3.2 The publicly accessible open space requirement calculation shall be reduced from 15% of total lot area to less than 2% of total lot area. 2.3.3 The building front yard setback requirement shall be amended from a minimum of twenty (20) feet to a minimum of six (6) feet. The building side yard setback requirement shall be amended from a minimum often (10) feet to a minimum of six (6) feet. The building rear yard setback requirement shall be amended from a minimum of one hundred (100) feet to a minimum of forty-five (45) feet. 2.3.4 The driveway width requirement shall be increased from a maximum of twenty-four (24) feet to thirty-eight to forty-six (3846) feet. 2.4 In exercising the rights granted to the developer under AB 744 the Parking requirements for the Project shall be reduced in accordance with Government Code Section 65915(p), such that a total of 566 resident and guest parking spaces will be provided in an at -grade parking area beneath the residential levels, as well as 50 parking spaces for the commercial component and 4 spaces for the leasing office and the development's employees. 60A-11 EXHIBIT 1 2.5 No Further Concessions or Incentives. Developer acknowledges and agrees that the waivers and incentives set forth in section 2.3 above fully satisfy any duty City may have under the Santa Ana Municipal Code, the Density Bonus Law, or any other law or regulation applicable to the Project, to provide any development incentive or to waive any building, zoning, or other requirement. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to any state, federal, or local law, rule, or regulation applicable to the Project. 2.6 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than five 5 Unrestricted Units (i.e. — manager's unit) with unit sizes as may be determined by the Developer. Developer may alter the unit distribution of the Unrestricted Units in Developer's discretion, provided that the Project has the minimum number of Affordable Units and the minimum distribution thereof as specified in this Agreement. 2.7 Affordable Units. The Project, for purposes of this Agreement, shall have no less than five -hundred: forty-seven (547) Units designated as Affordable Units pursuant to the terms and conditions ofthis Agreement. The Affordable Units shall be consistent with all City approvals, and shall be located throughout the Project. 2.8 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. 2.9 Permits and Processing; Conmliance with Laws. Developer at its sole cost and expense shall secure or cause to be secured any and all permits that may be required by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, Developer shall carry out and perform the development, operation, and maintenance of the Project in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City shall have the option to declare this Agreement null and void in its sole discretion. 2.10 Relocation Prior to Development of project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as maybe required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all 60A-12 EXHIBIT 1 alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 2.11 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule. Prior to issuance of Building Permit, Developer shall develop and submit to the Community Development Agency (the "CDA") a local sourcing plan for the Project targeting, to the extent feasible, the hiring of qualified workers, construction contractors, or the purchasing of goods locally within the City of Santa Ana. The plan must be reviewed and approved by the CDA which if not granted or denied within five (5) Business Days, shall be deemed approved (with such approval not to be unreasonably withheld) and be implemented for the construction of the project prior to issuance of Building Permit. 2.12 Mechanic's Liens: Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. 3. AFFORDABILITY 3.1 Total Aflbrdability Term. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the Affordable Unit receives all required occupancy permits from the City. By way of explanation of the foregoing two sentences, it is possible that the Total Affordability Period for one Affordable Unit will neither commence on the same date nor terminate on the same date as another Affordable Unit, and it is possible that the Total Affordability Terms for all Affordable Units will commence on different days and terminate on different days. 3.2 Memorializing Commencement ofTotal Affordability Term. Developer shall keep detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial 60A-13 EXHIBIT 1 Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 Levels of Affordability. 3.3.1 Very Low Income Tenants. Developer covenants that no less than fifty-six (56) Affordable Units in the Project shall at all times during the Density Bonus Housing Agreement Term be rented to, or held vacant and available for immediate occupancy by Very Low Income Tenants, at a rent that does not exceed thirty percent (30%) of fifty percent (50%) of the area median income, as adjusted for household size, including an allowance for utilities. 3.3.2 Low Income Tenants. Developer covenants that no less than four hundred. ninety-one (491) Affordable Units in the Project shall at all times during the Density Bonus Housing Agreement Term be rented to, or held vacant and available for immediate occupancy by Lower Income Tenants, at a rent that does not exceed thirty percent (30%) of sixty percent (60%) of the area median income, as adjusted for household size, including an allowance for utilities. 3.4 Affordable Rental Schedule. The Affordable Rental Schedule shall be determined by the regulatory agreements entered into between the Developer and the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC) governing the project. 4. OWNERSHIP AND OPERATION OF THE PROJECT BY OWNER 4.1 RecordiiieofDocuments. No laterthan issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and the Project. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law, City Density Bonus Law, and the City Housing Opportunity Ordinance, and to ensure the continued supply of Affordable Units in the Project. 4.2 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Tenn. 60A-14 EXHIBIT 1 4.3 Location of Affordable Units. During the Density Bonus Housing Agreement Tenn, the Affordable Units shall be disbursed throughout the Project in accordance with the terms and conditions set forth in this Agreement. 4.4 Occupancy Levels. The number of persons permitted to occupy each Affordable Unit shall not exceed the occupancy permitted pursuant to the requirements of the United States Department of Housing and Urban Development. In the event that a household residing in an Affordable Unit exceeds the permitted number of persons, then that household shall be placed on the waiting list for the appropriate -sized unit and be eligible for transfer when that unit becomes available. If the household refuses to transfer to the appropriate -sized unit then the Owner will have grounds to terminate that household's lease. 4.5 Use ,of the Property. All uses conducted on the Property, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as an apartment complex and none of the Housing Units in the Project shall at any time be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all Housing Units at the Project. 4.6 Maintenance. Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project. If at any time Developer fails to maintain the Project or the Property in accordance with this Agreement and such condition is not corrected within five (5) days after written notice from City with respect to debris and waste material, or thirty (30) days after written notice from City with respect to general maintenance, landscaping and building improvements, then City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the Project or the Property and perform all acts and work necessary to protect, maintain, and preserve the Project and the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and/or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid by Developer to City upon demand. 4.6.1 Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency (the "PBA"), the CDA, the Public Works Agency (the "PWA"), and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of Santa Ana prior to occupancy which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The 60A-15 EXHIBIT 1 maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirement and restrictions as applicable, the proper storage and disposal of trash and debris, and/or restrictions on certain uses; (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement; (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and, 10 EXHIBIT 1 (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of the Certification of Occupancy. 4.7 Marketing Program. Each Affordable Unit shall be leased to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, of a marketing program for the leasing of the Housing Units at the Project ("Marketing Program'). The leasing of the Housing Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval, which approval shall not unreasonably be withheld. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units. 4.8 Management Plan. Prior to Certificate of Occupancy, Developer shall submit for the reasonable approval of City a "Management Plan" which sets forth in detail Developer's property management duties, a tenant selection process in accordance with this Agreement, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations for the Property and manner of enforcement, a standard lease form, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide 24-hour onsite property management services at the Property ("Property Manager"), and other matters relevant to the management of the Property. The Management Plan shall require Developer to adhere to a fair lease and grievance procedure. The management of the Property shall be in compliance with the Management Plan as approved by City. If City determines that the performance of the Property Manager is deficient based upon the standards set forth in the approved Management Plan and in this Agreement, City shall provide notice to Developer of such deficiencies and Developer shall use its best efforts to correct such deficiencies. In the event that such deficiencies have not been cured within thirty (30) days, City shall have the right to require Developer to immediately remove and replace the Property Manager with another property manager or property management company which is reasonably acceptable to the City Manager, which is not related to or affiliated with Developer, and which has not less than five (5) years experience in property management, including significant experience managing housing facilities of the size, quality and scope of the Project. 4.9 Selection of Tenants. 4.9.1 Developer shall be responsible for the selection of tenants for the Housing Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. Developer agrees that all of Affordable Units will be available to families or qualifying residents as defined under California Civil Code section 51.3. 4.9.2 Local preference for Santa Ana residents and workers in tenant selection shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference in leasing units to households that live and/or work in the City of 11 60A-17 EXHIBIT 1 Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.9.3 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.10 Income Verification and Certification. Owner covenants to City that it will at all times abide by all specific compliance standards set forth in the regulatory agreements entered into between the Owner and the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC), including but not limited to such standards as relate to the number of very -low and low income affordable units by number of bedrooms, standards for qualifying household incomes and other qualifying criteria. Owner shall provide City with a certified copy of each of the recorded Regulatory Agreements applicable to the Project. The compliance standards set forth in said Regulatory Agreements are hereby incorporated by reference as fully set forth herein. In the event of a conflict between this Agreement and the Regulatory Agreements: (1) the more stringent requirement shall prevail if such interpretation eliminates the relevant conflict; or (2) the Regulatory Agreements, or any of them, shall prevail. Developer agrees to make a good faith effort to verify that the income and asset statement provided by an applicant in an income certification is accurate by taking at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.11 Monitorine and Recordkeepine. Throughout the Term of this Agreement, Developer shall annually complete and submit to City a Certification of Continuing Program Compliance in the form provided by City. Owner agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Owner's compliance with the affordability restrictions contained in this Agreement related to the Density Bonus units, not to exceed monitoring costs for up to 133 units. The City shall first start with the review of all reports and monitoring prepared by Owner for the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC) each year. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City. Developer agrees to cooperate with City in making the Property and the 12 EXHIBIT 1 records of the Project available for such inspection or audit. Developer agrees to maintain each record of the Project for no less than five (5) years after creation of each such record. Developer shall allow the City to conduct annual inspections of each of the Affordable Units on the Property after the date of construction completion, with reasonable notice. Developer shall cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City. 4.12 Application and Financial Preparedness. Developer shall submit for review and approval by the CDA and the PBA, a booklet completed by the Developer at least 12 months prior to the initial leasing of the units. This booklet can be made available at the Property Manager's office or at another location agreed upon by the Owner, the CDA, and the PBA. The purpose of this booklet is to inform interested persons regarding minimum application and eligibility requirements and to assist interested persons with application and financial preparedness and eligibility for residency at the Project at the initial leasing of the units. Developer shall also work with CDA to hold a minimum of two workshops to be coordinated by the Developer at least 12 months prior to the initial leasing of the units. 4.13 Onsite Supportive Services. Programs and Amenities. Throughout the Term of this Agreement, and to the extent such can be coordinated with and largely supplied by philanthropic and other social welfare providers, Developer shall provide residents of the Project access to discounted or no -cost onsite supportive services, programming, and amenities that promote independent living and include but are not limited to: health and wellness services, transportation services, social activities, and physical or recreational amenities. 4.14 Alternative Transportation and Energy Source Resource Conservation, and: LEFD Certification. While not a condition of the project's Density Bonus, in recognition of the City's desire to optimize the energy efficiency of the project, Developer agrees to consult with the project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures beyond those required by the TCAC minimum construction standards. Prior to the meeting, the energy analyst shall complete an initial energy -model _based -on either current T24 standards or, if the project is eligible, the'California Utility -Allowance - Calculator using best available information on the project. To the extent financially feasible for the project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities. 4.15 Reserved. 4.16 Onsite Property Manager. The Project shall include the provision to have 24-hour on - site Property Management services and personnel. Up-to-date 24-hour contact information for the on -site personnel shall be provided to the following City Agencies on an ongoing basis: (a) Police Department 13 60A-19 EXHIBIT 1 (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.17 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.18 Crime Free Housing. Developer shall work with City Staff to develop a crime free housing policy, procedure, and design plan (the "CFH Plan"). Developer shall submit and obtain approval from the PBA the CFH Plan meeting the requirements of this Subsection 4.18 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Property Management. 4.19 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the "PMP") meeting the requirements of this Subsection 4.19. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.20 Parking Shuttle and/or -Valet Service. (a) Developer must identify which parking lots have agreed to rent out parking spaces for the valet service; (b) Developer must identify specific shuttle stop locations and must obtain approval from the Orange County Transportation Authority (OCTA) to utilize its bus stops/pullouts as part of its shuttle service operations; (c) All residents of driving age must disclose any owned, leased, or rented vehicles to be permitted to park on the project site or any properties as part of the valet or shuttle service; (d) Each tenant must agree to terms prohibiting parking of his or her vehicle on any City -owned property; (e) Every such agreement must contain penalties/consequences for violating the terms of the agreement; (� Terms shall also be incorporated into the City's housing plan or agreement for the Project; (g) The shuttle shall be operated by the Developer and be at the Developer's expense; 14 60A-20 EXHIBIT 1 (h) The Developer and/or management company shall maintain a copy of the shuttle's operating plan, including days, times, and frequency of service, with the City's Planning Division and Public Works Agency; (i) The City can record a lien to collect any unpaid fines or monitoring costs; (j) The City may require the Developer and/or management company to include lease provisions that limit the number of vehicles a tenant may possess during the term of occupancy; and, (k) The Developer and/or management company shall work with the City's Planning Division, Public Works Agency, and City Attorney's Office to document and record the agreement. 4.21 Prior to issuance of building permits for above -ground construction, the Developer shall provide the City of Santa Ana a copy of a recorded easement for reciprocal access (ingress, egress, and fire access) for any and all proposed shared drive aisle(s) between the project site and the adjacent property to the west. 5. [INTENTIONALLY RESERVED] 6. TERM OF THIS AGREEMENT 6.1 Tenn. The term of this Agreement ("Density Bonus Housing Agreement Term") shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years after the City issues the last certificate of occupancy for the Project. DEFAULT AND TERMINATION.• INDEMNIFICATION 7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 7.2 Riehts Lind Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel 15 60A-21 EXHIBIT 1 upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the active negligence or willful misconduct of Indemnitees. 8. ASSIGNMENT: COVENANTS RUN WITH THE LAND 8.1 Assignment by Developer. 8.1.1 Prohibited Transfers or Asslehments. Except as authorized in Section 8.1.2 below, Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, without City's prior written approval, which shall not be unreasonably withheld. Except for Permitted Transfers set forth in Section 8.1.2 below, Developer shall: (i) notify City in writing of the sale, transfer, or assignment of all or any portion of the Property, and (ii) deliver to City an assignment and assumption agreement (or other agreement) in a form approved by City and executed by Developer and its transferee/assignee pursuant to which Developer's transferee/assignee assumes all of Developer's covenants and obligations set forth herein with respect to the Property or the portion thereof so transferred. Any request for transfer or assignment of the Agreement by Developer shall require the payment of fees or a deposit to compensate the City for approximate expenses incurred by Developer to City, as applicable, for the City's review of the request. 8.1.2 'Sale of Property/Chruf0e of Use: Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Owner further understands and agrees that the Density Bonus permit approvals received for this Project have been made on the condition that Owner and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of 55 consecutive years commencing upon the date that the Project is first occupied. 8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 8.1.4 Unperinitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 16 60A-22 EXHIBIT 1 8.2 Covenants Run with the Land. The Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by City which real property shall be deemed the benefited property of such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to all real property owned by City and running with the Property in accordance with the provisions of Civil Code Section 1468. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 9. MISCELLANEOUS 9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council and signed on behalf of each party. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Site in the Official Records of Orange County, California. 17 60A-23 EXHIBIT 1 9.3 Notices. 9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next -day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next -day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Parry. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: Santa Ana Pacific Associates, A California Limited Partnership Santa Ana Pacific Associates II, A California Limited Partnership 430 E. State Street, Suite 100 Eagle, Idaho 83616 With a copy to: BCP/First Point I, LLC BCP/First Point II, LLC c/o Boston Capital Partners One Boston Place, 211 Floor Boston, MA 02108 Attention: Asset Management (First Point Apartments) 9.3.2 Chanee of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 18 60A-24 EXHIBIT 1 9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder ofthis Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 9.12 Non -Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19 60A-25 EXHIBIT 1 9.13 Third Party I3enefeiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 9.14 Force Maicure, Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 9.18 jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.19 Project as a'Private Undertakit�. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terns, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 20 �• •. EXHIBIT 1 9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements as may be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 9.21 Estoonel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 9.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus Law, CityHousing Opportunity Ordinance, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. 9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. (Signatures on following page) 21 60A-27 EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the datc set forth at the beginning of this Agreement. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By. yan Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ck3rManager SANTA ANA PACIFIC ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP C 99b Roope TPC Holdings V1, LLC General Partner SANTA ANA PACIFIC ASSOCIATES II, A CALIFORNIA LIMITED PARTNERSHIP Ca b Roope TM Holdings VI, LLC General Partner 22 �• • EXHIBIT 1 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document State of Idaho County of Ada On March 26, 2019 before me, Peter Van'Dorne, Notary Public, personally appeared Caleb R000e, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing paragraph is true and correct. WITNESS my hard, and offic Signature (Seal) PETER VAN DORNE COMMISSION #32967 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 08(01/2023 60A-29 EXHIBIT 1 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Idaho County of Ada On March 26, 2019 before me, -Peter Van'Dorne. Notary Public; personally appeared Caleb R000e, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing paragraph is true and correct. WITNESS my Nnd an o ial seal. , Signature (Seal) PETER VAN DORNE COMMISSION #32357 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 08101/2023 60A-30 EXHIBIT 1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 23 60A-31 EXHIBIT 1 Exhibit A Legal Description All that real property situated in the City of Santa Ana, County of Orange, State of California and more particularly described as follows: PARCELI: THAT CERTAIN PARCEL OF LAND, LOCATED AT 16812 EAST FIRST STREET, SANTA ANA, CALIFORNIA, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGES 618 THROUGH 619, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, THENCE WEST ALONG THE SOUTH SIDE OF FIRST STREET, 417.75 FEET OF A POINT; THENCE SOUTH 733.36 FEET TO A POINT; THENCE EAST 417.75 FEET TO THE EAST LINE OF SAID LOT "D"; AND THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTHERN NINETEEN (19.00) FEET, AS CONVEYED TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, IN A DOCUMENT RECORDED DECEMBER 22, 1965 AS INSTRUMENT NO. 16905, IN BOOK 7781, PAGE 486 OFFICIAL RECORDS. NOTE: SAID LAND IS ALSO SHOWN ON A RECORD OF SURVEY, FILED ON JULY 13, 1964 IN BOOK 74, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL2: A DRAINAGE EASEMENT FOR DISCHARGING WATER FROM THE EAST 417.75 FEET OF THE NORTH 733.36 FEET OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP THEREOF RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BY MEANS OF UNDERGROUND PIPELINES, WITH THE RIGHT TO LAY, PLACE, USE, MAINTAIN, ALTER, ADD TO, REPAIR, REPLACE AND/OR REMOVE SAID PIPELINES, ALONG THE FOLLOWING DESCRIBED REAL PROPERTY: PARCEL (A): THE SOUTH FIVE (5.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP RECORDED IN BOOK 2, PAGE 618 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST ON THE NORTH LINE OF SAID LOT "D" 225.75 FEET TO A POINT, A STONE A-1 60A-32 EXHIBIT 1 OVER A BRICK BEING SET IN THE GROUND 3 INCHES EAST OF SAID POINT; THENCE SOUTH 733.36 FEET TO A POINT, A STONE SET OVER A BRICK BEING SET IN THE GROUND 3 INCHES WEST OF SAID POINT; THENCE WEST 225.75 FEET TO THE WEST LINE OF SAID LOT "D"; THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING. PARCEL (B): THE WEST SIX (6.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA., DESCRIBED AS: A PORTION OF THE SOUTH HALF OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 618 AND 619, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE COUNTY ROAD KNOWN AS MAIN STREET, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF SAID LOT "D"; THENCE NORTH ALONG THE EASTERLY LINE OF SAID LOT "D", 501.13 FEET; THENCE WEST 9.75 CHAINS TO THE WEST LINE OF SAID LOT "D'; THENCE SOUTH 501.5 FEET TO THE NORTH LINE OF MAIN STREET; THENCE EAST 9.75 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO LEROY G. CONNELLY AND WIFE, RECORDED DECEMBER 3, 1954, IN BOOK 2887, PAGE 120, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 17, 1955, IN BOOK 3285, PAGE 542, OFFICIAL RECORDS. APN: 402-191-01, 402-191-02, 402-191-04 A-2 60A-33 EXHIBIT 1 EXHIBIT B TENANT VERIFICATION 24 60A-34 EXHIBIT 1 EXHIBIT B INCOME COMPUTATION AND CERTIFICATION NOTE TO APARTMENT OWNER: This form is designed to assist you in computing Annual Income in accordance with the method set forth in the Department of Housing and Urban Project ("HUD") Regulations (24 CFR 813). You should make certain that this form is ate all times up to date with the HUD Regulations. Re: Santa Ana, California I/ We, the undersigned state that I/we have read and answered fully, frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit: 1. 2. 3. 4. Name of Members Relationship of the to Head of Social Security Household Household Age Number _ HEAD SPOUSE Income Computation 5. Place of Employment 6. The total anticipated income, calculated in accordance with the provisions of this Certification, of all persons over the age of 18 years listed above for the 12-month period beginning the date that I/we plan to move into a unit is $ Included in the total anticipated income listed above are: (a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services, before payroll deductions; (b) the net income from the operation of a business or profession or from the rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness or any allowance for depreciation of capital assets), (c) interest and dividends (including income from assets excluded below); (d) the full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including any lump sum payment for the delayed start of a periodic payment; B-1 60A-35 EXHIBIT 1 (e) payments in lieu of earnings, such as unemployment and disability compensation, workmeds compensation and severance pay; (f) the maximum amount of public assistance available to the above persons other than the amount of any assistance specifically designated for shelter and utilities; (g) periodic and determinable allowances, such as alimony and child support payments and regular contributions and gifts received from persons not residing in the dwelling; (h) all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of the household or spouse; and (i) any earned income tax credit to the extent that it exceeds income tax liability. Excluded from such anticipated income are: (a) casual, sporadic or irregular gifts; (b) amounts which are specifically for or in reimbursement of medical expenses; (c) lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and workmen s compensation), capital gains and settlement for personal or property losses; (d) amounts of educational scholarships paid directly to the student or the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarshps or payments to veterans not used for the above purposes are to be included in income, (e) special pay to a household member who is away from home and exposed to hostile fire, (f) relocation payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (g) foster child care payments; (h) the value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977, (i) payments to volunteers under the Domestic Volunteer Service Act of 1973; 0) payments received under the Alaska Native Claims Settlement Act; (k) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; (1) payments or allowances made under the Department of Health and Human Services Low - Income Home Energy Assistance Program; EXHIBIT 1 (m) payments received from the job Training Partnership Act; (n) income derived from the disposition of funds of the Grand River Band of Ottawa Indians; (o) the first $2,000.00 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims; and (p) at the discretion of Housing Authority of the City of Santa Ana all other income exclusions recognized by the HUD Section 8 Certificate and Voucher Programs. 7. Do the persons whose income or contributions are included in item 6 above: (a) have savings, stocks, bonds, equity in real property or other form of capital investment (excluding the values of necessary items of personal property such as furniture and automobiles and interests in Indian trust land)? No Yes (b) have they disposed of any assets (other than at a foreclosure or Credit Bankruptcy sale) during the last two years at less than fair market value? No Yes (c) If the answer to (a) or (b) above is yes, does the combined total value of all such assets owned or disposed of by all such persons total more than $5,000? No Yes (d) If the answer to (c) above is yes, state: (1) the amount of income expected to be derived from such assets in the 12-month period beginning on the date of initial occupancy in the unit that you propose to rent: (2) the amount of such income, if any, that was included in item 6 above: 8. (a) Are all of the individuals who propose to reside in the unit full-time students*? No _ Yes *A full-time student is an individual enrolled as a full-time student during each of 5 calendar months during the calendar year in which occupancy of the unit begins at an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance and is not an individual pursuing a full-time course of institutional or farm training under the supervision of an accredited agent of such an educational organization or of a state or political subdivision thereof. 60A-37 EXHIBIT 1 (b) If the answer to 8(a) is yes, is at least 1 of the proposed occupants of the unit a husband and wife entitled to file a joint federal income tax return? No Yes 9. Neither myself nor any other occupant of the unit I/we propose to rent is the owner of the rental housing project in which the unit is located (hereinafter the "Owner'), has any family relationship to the Owner; or owns directly or indirectly any interest in the Owner. For purposes of this paragraph, indirect ownership by an individual shall mean ownership by a family member, ownership by a corporation, partnership, estate or trust in proportion to the ownership or beneficial interest in such corporation, partnership, estate or trustee held by the individual or a family member; and ownership, direct or indirect by a partner of the individual. 10. This certificate is made with the knowledge that it will be relied upon by the Borrower to determine maximum income for eligibility to occupy the unit, and I/we declare that all information set forth herein is true, correct and complete and based upon information I/we deem reliable and that the statement of total anticipated income contained in paragraph 6 is reasonable and based upon such investigation as the undersigned deemed necessary. 11. I/we will assist the Owner in obtaining any information or documents required to verify the statements made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year. 12. I/we acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Owner to lease the unit and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an action for ejection or other appropriate proceedings. I/we declare under penalty of perjury that the foregoing is true and correct. Executed this day of in the City of California. Applicant Applicant [Signature of all persons over the age of 18 years listed in number 2 above required] FW, �• • EXHIBIT 1 FOR COMPLETION BY APARTMENT OWNER ONLY,: 1. calculation of eligible income: a. Enter amount entered for entire household in 6 above: $ b. (1) If answer to 7(c) above is yes, enter the total amount entered in 7(d)(1), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance ($ ); (2) Multiply the amount entered in 7(c) times the current passbook savings rate to determine what the total annual earnings on the amount in 7(c) would be if invested in passbook savings ($ ), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance (3) Enter at right the greater of the amount calculated under (1) or (2) above: $ C. TOTAL ELIGIBLE INCOME Line 1.a plus line l.b(3)): $ 2. The amount entered in 1.c: Qualifies the applicant(s) as a Low Income Tenant(s). Does not qualify the applicant(s) as a Low Income Tenant(s). 3. Number of apartment unit assigned: _ Bedroom Size: _ Rent: $ 4. This apartment unit [was/was not] last occupied for a period of 31 consecutive days by persons whose aggregate anticipated annual income as certified in the above manner upon their initial occupancy of the apartment unit qualified them as Low Income Tenants. 5. Method used to verify applicant(s) income: Employer income verification. Copies of tax returns. Other Manager M. 60A-39 EXHIBIT 1 INCOME VERIFICATION (for employed persons) The undersigned employee has applied for a rental unit located in a project financed under the Housing Authority of the City of Santa Ana Multifamily Housing Revenue Bond Program for persons of low income. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employees current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis. Annual wages Overtime Bonuses Commissions Total current income I hereby certify that the statements above are true and complete to the best of my knowledge. Signature Date Title I hereby grant you permission to disclose my income to in order that they may determine my income eligibility for rental of an apartment located in their project which has been financed under the Housing Authority of the City of Santa Ana Multifamily Revenue Bonds. Signature Please sent to: Date EXHIBIT 1 INCOME VERIFICATION (for self-employed persons) I hereby attach6 copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge. Signature Li'J7 Date 60A-41 60A-42 EXHIBIT 2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 4, 2018 TITLE: PUBLIC HEARING — SITE PLAN REVIEW NO.2017-09 AND DENSITY BONUS AGREEMENT APPLICATION NO. 2017-02 TO ALLOW CONSTRUCTION OF AN AFFORDABLE RENTAL RESIDENTIAL COMMUNITY WITHIN THE METRO EAST MIXED USE OVERLAY DISTRICT AT 2110, 2114, AND 2020 EAST FIRST STREET, AMG & ASSOCIATES, APPLICANTS (STRATEGIC PLAN NOS. 3, 2; 5, 3) Prepared by Ali Pezeshkpour Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO • {�•kfinag& 1. Adopt a resolution approving Site Plan Review No. 2017-09 as conditioned. 2. Adopt a resolution approving Density Bonus Agreement Application No. 2017-02 as conditioned. Executive Summary Gene Broussard, representing Affordable Housing Land Consultants, Inc. ("AMG & Associates"), is requesting approval of a site plan review (SPR) and a density bonus agreement (DBA) to allow the construction of an affordable 552-unft rental family -oriented mixed -use commercial and residential community known as First Point. As proposed, the project requires approval of several waivers from the Metro East Mixed Use (MEMU) overlay district's development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600. The project also includes construction of a portion of the project's required fire lane on an adjacent, developed property located at 2020 East First Street. Staff is recommending approval of the applicant's request due to the project's satisfaction of meeting the intent of the MEMU overlay district to promote a pedestrian -oriented environment with a mix of land uses and because the project will provide additional affordable rental housing stock to an underserved segment of the region's population. Table 1: Prolect and Location Information item I Information Project Address 2110, 2114, and 2020 East First Street Nearest Intersection First Street and Golden Circle Drive General Plan Designation District Center (DC) EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 2 Item Information Zoning Designation General Commercial (C-2) with the Metro East Mixed Use (MEMU) overlay district OZ-1 , Active Urban sub -district Surrounding Land Uses Commercial North Commercial East Educational South Commercial(West) Site Size 6.89 acres combined Existing Site Development The site contains two commercial buildings Use Permissions Mixed -use projects permitted by the OZ-1 designation; deviations/concessions will address proposed deficiencies Zoning Code Sections Affected Uses 0Z-1, Section No. 4 Developmant Standards OZ-1, Section Nos. 4 through 7 Proiect Description The project includes demolition of two commercial buildings and construction of an affordable rental family -oriented mixed -use community with 10,000 square feet of leasable commercial space. The project will contain two structures consisting of a ground -level parking area and five levels of residential above. A total of 652 affordable rental units will be provided on the project site. A total of 566 resident and guest parking spaces will be provided in an at -grade parking area beneath the residential levels, as well as 50 parking spaces for the commercial component and 4 spaces for the leasing office and the development's employees. The project will include one -bedroom units (27), two -bedroom units (239), three -bedroom units (146), and four -bedroom units (140) ranging in size from 610 to 1,266 square feet. All units will contain full kitchens, bedrooms, bathrooms, in -unit storage, and open/common (living) areas. Open space will be provided through a publically-accessible plaza fronting First Street, eight private courtyards, and amenity areas. The public plaza with open seating will front First Street and will also contain seating, landscaping, and hardscape areas suitable for programming with temporary kiosks or events. The project's commercial area and leasing office will also front First Street, enhancing the development's street presence. Eight courtyards with distinct themes and amenities for children and adults will be located throughout the interior of the site. Interior common rooms such as recreation areas, fitness centers, and laundry rooms will provide additional amenities to residents and visitors. A common open space "view room" on the upper levels will face north toward First Street with views toward the Xerox Tower and the recently - completed Nineteen0l mixed -use development. The project will feature a contemporary architectural style common of many multiple -family or mixed -use residential communities under construction in Santa Ana and the region. Ceramic tile, fiber cement board and siding, smooth stucco finishes, and metal railings will contribute to this theme. These solid materials will ensure that the project ages well for the duration of the building's lifetime. Although not a part of the current entitlement, the applicant intends to submit a tentative parcel map application at a future date to subdivide the project site Into two lots for financing purposes in order to facilitate construction of both buildings. The applicant is currently preparing the EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May21, 2018 Page 3 required tentative parcel map, which will clarify if the proposed subdivision will be for fee -simple lots or for condominium purposes. The tentative parcel map application will require review and action by the City's Zoning Administrator. Table 2: Conformance to Development Standards Standard Re uired.b 'the MEMU Provided Stories Minimum 3, no maximum 6 Minimum Site Area 1 acre 6.89 acres Permitted Frontage Forecourt, shopfront, gallery, or Shopfront, with plaza on First Street arcade as ermined b MEMU Publicly Accessible Open Space 15 percent of total lot area Less than 2 percent— Requires Concession (1 of 3), Cal. Gov't Code Sec. 65915 ftoffl Private/Common Open Space 100 square feet per unit 104 square feet per unit Building Setbacks 0-20 feet (front), 0-10 feet (side), 100 6 (front), 6-40 (side), 45 (rear) — feet (rear) Requires Concession (2 of 3), Cal. Gov't Code Sec. 65915 d 1 Residential Parking 2 spaces per unit overall — every unit 1.03 spaces per unit — Requires must be allocated at least 1 space Concession (3 of 3), Cal. Gov't Code Sec. 65915 d 1 Courtyard height -to -width ratios 2 to 1 (enclosed on four sides), 3 to Complies; various ratios in excess of 1 (open on one or more sides 2 to 1 and 3 to 1 provided Driveway width 24 feet maximum 3846 feet — Requires Waiver, Cal. Gov't Code Sec. 65915 e 1 Building Massing A variety of massing, volume, and Complies; the building features a step -backs are required to increase step -back along First Street and building articulation breaks in volume to reduce massing Table 3: Density Bonus Calculation Density or Bonus Allowed for'Pro ect Provided Base Density 620 units (6.89 acres x 90 units/acre 552 units base density used as a standard for developments in areas designated DC by the General Plan Land Use element 35-Percent State Density Bonus +217 units 620 x 0.35 0 35-Percent Bonus Provided by the +217 units (620 x 0.35) 0 Housing Opportunity Ordinance Total Units 1054 units maximum 552 units proposed Although the project is proposing a total number of units (552) that is below the maximum City - prescribed density for the project site based on its acreage, the developer is able to seek up to three density bonus concessions and a waiver because it is a 100-percent affordable project. The City's Housing Opportunity Ordinance (HOO) allows developers to request up to two concessions to facilitate construction of affordable housing. However, none of the concessions listed in the H00 are being requested by the applicant. Instead, the three requested concessions and the waiver are permitted by Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny the requested concessions and waiver and is EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 4 preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project's potential impacts. Background The Metro East Mixed Use overlay district was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices. Since its adoption, one mixed -use project at 1901 East First Street has been constructed and is occupied. Another affordable rental residential project by the same developer at 2222 East First Street was entitled in September 2017, and a market -rate mixed -use development at 200 North Cabrillo Park Drive is currently entitled. The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to justify' the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Analysis of the Issues Section 8 of the MEMU regulating plan, Implementation, requires the Planning Commission to review an application for development subject to the provisions of the overlay district. Upon review of the required Site Plan Review (SPR) application, the Planning Commission may take the following actions: approve, approve with conditions, or deny the SPR. The City's Development Review Committee has reviewed the project and finds that it is incompliance with the majority of development standards contained within the MEMU regulating plan, with the exception of the four development standard deviations requested by the applicant indicated in this report. In addition, Section 41-1607 requires an application for a density bonus agreement containing "deviations" (incentives/concessions and/or waivers) to be approved by the Planning Commission. The following subsections analyze the applicant's request for both the Site Plan Review and the Density Bonus Agreement applications. Table 4: Analysis of the Requested Incentives/Concessions (3) and Waiver (1) Standard I Analysis EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 5 Standard Analysis Publicly Accessible The MEMU regulating plan requires that publicly -accessible open space be provided Open Space along main street -facing fagades. Because the project has frontage on only one street, (Incentive/Concession) meeting this requirement would result in the building being pushed back significantly from First Street and would render almost the first 1/4 of the site's depth unusable for building area, resulting in the developer having to construct a parking structure or subterranean parking, significantly increasing building costs. Moreover, in order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/rype I versus wood/Type III), further increasing development costs. If the publically accessible open space standard were applied as written, the result would be a significant loss of units and parking area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The applicant intends to compensate for this reduction by providing a greater average square footage of private/common open sace per unit on the project site. Building Setbacks For a project of this size and construction type, OCFA requires 360-degree circulation (Incentive/Concession) on the project site with minimum 20-foot fire lanes. The addition of landscaping and walkways around the project perimeter results in the project not being able to meet the maximum 10-foot side yard requirement. Further, for a project of this height, the MEMU requires a 100-foot rear yard setback. In order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel -frame versus wood), further increasing development costs. Implementing this standard as written would result in the building being set back an additional 55 feet from the rear lot line, resulting in a significant loss of units and parking area. Onsite parking Constructing 2.0 parking spaces per residential unit on the project site would require (Incentive/Concession) the developer to construct an additional level of parking either above- or below -grade, resulting in Increased construction costs and/or a loss of an entire level of residential units. Driveway width (Waiver) If the project were designed with narrower driveways, the driveways would not conform to minimum standards established for fire ingress/egress by OCFA and for trash truck ingress/egress established by the Public Works Agency and Waste Management, the current waste collector contracted by the City. As a result, a waiver from the maximum driveway width is required. When analyzed cumulatively, the three requested concessions could be avoided if the project were constructed using a different site plan and building type. If the project were designed with a multi- level parking and/or subterranean parking structure, or if the applicant used different building materials (non-combustible, Type I) to construct a taller project; additional area on site would become available to provide open space and parking, and to meet the required rear yard setback. However, these changes would increase development costs, resulting in the affordable housing project becoming financially infeasible due to the significantly -increased financial implications of using Type I construction. Additional Issues The City thoroughly reviewed the applicant's request to construct the proposed project and identified several additional items for consideration. These items are listed below and analyzed in the following paragraphs. 1. Large Family Housing and Unit Bedroom Mix 60A-47 EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 6 Nearly half (48 percent) of the project's units will contain one or two bedrooms. The original project proposed at the site contained both senior and family -oriented housing in nearly 700 residential units. Following feedback from elected officials and City staff on housing needs identified in the 2014 Housing Element, the applicant revised the project to completely eliminate the senior component; the unit count was reduced to the present 552. In doing so, the applicant increased the number of multi -bedroom units. In 2010, the US Census reported that the average household size in Santa Ana was 4.37 and that the average family size was 4.54. Santa Ana's average household and family sizes are above Orange County's, which has an average household size of 3.99. As a result, the lower bedroom count of the project may serve a different segment of the population not identified in any local demographic (household or family size) figures or in the 2014 Housing Element. This issue may be exacerbated by the community's overall lower -than -average unit square footage of 1,061 square feet, which is below the 1,200-square foot unit average stated as a guideline in the MEMU regulating plan. 2. Housing Opportunity Ordinance (HOO) and the State's Density Bonus Law Under the State's Density Bonus Law, developers of affordable family -oriented housing projects may request a numerical density bonus up to 35 percent from base density. The City's Housing Opportunity Ordinance (HOO), last updated in 2015, augments the density bonus concept by allowing a developer to seek an additional 35 percent density bonus calculated from base density (SAMC Sec. 41-1904.1). Despite this opportunity for a "double density bonus," staffs interpretation of the intent of both the State law and local ordinance support the concept of mixed -income housing development, with affordable housing units forming a component of such developments. Pursuant to SAMC Sec. 41-1600, the purpose of the City's ordinance is "to provide increased residential densities to developers who guarantee that a portion of their residential development will be available to low income, very low-income, or senior (also known as "qualified") households." Moreover, "The regulations are intended to ... provide a balance of housing opportunities for low income, very low-income, and senior households throughout the city." Mixed -income housing developments provide a "portion" of affordable units in an integrated, mixed - income development unless it is financially or physically infeasible to do so, in which case a developer may pay an in -lieu fee to facilitate construction of affordable housing developments offsite. The City's Housing Opportunity Ordinance's furthers this goal, stating that is purpose is to "encourage the development of housing that is affordable to a range of households with varying income levels" (SAMC Sec. 41-1900). It is also important to note the language in SAMC Sec. 41-1600 that encourages development of affordable housing for "households throughout the City" (geographically dispersed). The developer has recently entitled an all -affordable senior project ("Villa Court") on a project site approximately 320 feet to the east at 2222 East First Street that will contain 418 units. If approved, the proposed project would add another 552 all -affordable housing units in nearby, for a combined 970 affordable housing units in close proximity to one another. EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 7 The City is required to revisit the HOO before December 31, 2018 to evaluate any amendments to the ordinance. On May 14, 2018, the Economic Development, Infrastructure, Budget and Technology (EDIBT) Council Committee met. Staff presented a verbal update on the HOO, and the Committee discussed HOO-related topics for discussion, including geographic dispersal of units and incorporating affordable units into mixed -income projects. The HOO Is silent on policies regarding all -affordable housing projects or geographic dispersing of affordable housing. Accordingly, these areas of discussions were not applied to analysis of the project. 3. Project Open Space Although stated as a guideline in the regulating plan, the project's unit sizes are generally well below the 1,200-square-foot average unit size objective. Under such circumstances, a project would typically provide greater onsite open space per unit, either as private open space or as common open space for the residents of the community. The applicant has considered this guideline and proposes to compensate through a greater average private/common open space area of 104 square feet per unit instead of the 100-square-foot minimum, which results in 2,200 additional square feet of open space. However, given the large nature of the project and the reduction in private, common, and publically accessible open space, the extra four (4) square feet per unit may be insufficient to compensate for the overall open space reduction. In addition, only 12 units of the 552 total will have balconies or terraces. 4. Development Intensity and Requested Deviations The project is proposing a project density of 80 units per acre, which is below the typical 90 units per acre assumed by the District Center General Plan land use designation that is applied to the project site. However, in reviewing the proposed project, staff drew comparisons against the recently -entitled Madison mixed -use residential and commercial community at 200 North Cabrillo Park Drive, also in the MEMU area. The Madison was entitled with an overall density of 93 units per acre (260 units on 2.79 acres). This project was able to meet all MEMU regulating plan's development standards, including open space and building setbacks, with the exception of required onsite parking and maximum driveway widths, both of which the City Council approved through variance applications. Staff analysis indicates that the Madison was able to meet all MEMU standards due to the project's site plan, which features a multi -level parking structure at the heart of the development. The location and multi -level nature of the parking structure frees additional space on the project site that enables the development to meet MEMU standards, including all forms of open space (publically accessible, common, and private/per unit). 5. Reduction in Required Parking and Proposed Shuttle and Parking Valet Service Staff has analyzed the proposed project and finds that there is potential that the project and neighborhood may be impacted by the reduced parking. The City has identified the MEMU area for high -intensity, mixed use development in order to reduce demands for parking and traffic impacts. However, the MEMU area is still in transition, and portions including the MEMU area have yet to ZI ' EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 8 redevelop and produce the pedestrian -scale environment envisioned by the plan. To mitigate these impacts, the applicant prepared a parking study that shows that providing valet service and/or a shuttle to major transit stops will reduce parking demand on the site by 150 parking spaces. The study also identifies the project and its proximity to transit will generate 105 new transit trips. Based on these factors and comparison against other major parking studies prepared by public agencies (San Diego, 2011 and Los Angeles, 2016), the parking study states that the project will have a peak demand of 349 vehicles for the residential component only and 399 parking spaces, including the commercial component. The report and staff analysis also show that the site lies along an express and a standard bus line that provide service approximately every 10 to 15 minutes during rush hour. These lines connect the project to points west (central Santa Ana, Garden Grove, and Westminster), north (Tustin, Orange, and Placentia), and east (central Tustin). As a result of the parking reduction requested for a family -oriented project, staff coordinated with the applicant to explore alternate options for reducing parking demand on the project site. In response, AMG prepared a parking management plan and draft concept for parking valet service to nearby privately -owned parking lots and to operate a shuttle from the project site to various transit stops nearby. To defer the costs of monitoring the shuttle, AMG and the City will include terms in the Density Bonus Agreement to address operations of the shuttle and/or valet service. The Planning and Building Agency, in coordination with the Public Works Agency and City Attorney's Office, have worked with the developer to refine the deal points. After careful consideration, the City and developer have agreed to the deal points, which will be incorporated into the Density Bonus Agreement and subject to review after one year. These terms are described in the "Density Bonus Agreement Deal Points" section of this staff report. 6. Additional Density Bonus Law Considerations There are no historic resources in the immediate vicinity that would be impacted by the proposed development. The project's design and operations, with the requested incentives/concessions and waiver, will not be detrimental to public health or safety as the project was reviewed by the City's Development Review Committee, which consists of representatives from Planning, Building Safety, Public Works, Housing, the City Attorney's Office, and the Orange County Fire Authority (OCFA). Should the Density Bonus Agreement application be approved, the agreement will be authorized by the City Council after the Planning Commission considers the application for the project as a whole, including the Site Plan Review and Density Bonus Agreement applications together. Density Bonus Agreement Deal Points The applicant is currently negotiating terms of the Density Bonus Agreement with the City's Community Development Agency (CDA). The terms will include deal points that are intended to provide community benefits and services to the residents of the development and the greater Santa Ana community, and to address operations and the parking shuttle and/or valet service. Community Benefits 60A-50 EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 9 • AMG and the City will negotiate ongoing onsite supportive services, programs, and amenities • AMG must ensure routine maintenance, access for inspections, and 24-hour emergency management • The project will incorporate green building features • AMG will engage in local hiring and Santa Ana work/live preference • AMG will support crime -free housing policies • AMG and the City will refine financial reporting requirements Parking Shuttle and/or Valet Service • AMG must identify which parking lots have agreed to rent out parking spaces for the valet service • AMG must identify specific shuttle stop locations and must obtain approval from the Orange County Transportation Authority (OCTA) to utilize its bus stops/pullouts as part of its shuttle service operations • All residents of driving age must disclose any owned, leased, or rented vehicles to be permitted to park on the project site or any properties as part of the valet or shuttle service • Each tenant must agree to terms prohibiting parking of his or her vehicle on any City -owned property o Every such agreement must contain penalties/consequences for violating the terms of the agreement o Terms shall also be incorporated into the City's housing plan or agreement for the project • The shuttle shall be operated by the developer and be at the developer's expense • The developer and/or management company shall maintain a copy of the shuttle's operating plan, including days, times, and frequency of service, with the City's Planning Division and Public Works Agency • The City can record a lien to collect any unpaid fines or monitoring costs • The City may require the developer and/or management company to include lease provisions that limit the number of vehicles a tenant may possess during the term of occupancy • The developer and/or management company shall work with the City's Planning Division, Public Works Agency, and City Attorney's Office to document and record the agreement Table 5: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type Previously approved environmental document EIR No. 2006-01 Reason(s) In accordance with the California Environmental Quality Act (CEQA), the recommended Exempt or Analysis action has been determined to be adequately evaluated in the previously certified EIR No. 2006-01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential 60A-51 EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 10 CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts would trigger the requirement for additional environmental review. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that no mitigation measures are required for the project due to its distance from the Santa Ana (I- 5) and Costa Mesa (SR-55) freeways. In considering additional analysis, the applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. As outlined in this staff report, the project is consistent with the City's General Plan and the MEMU regulating plan. Further, it is consistent with the density bonus provisions outlined in the City's Housing Opportunity Ordinance. The project site is located within city limits and is less than five acres in size. It is already in an urbanized setting surrounded by urban uses, and the project has not been identified as habitat for endangered, rare or threatened species. Strategic Plan Alignment Goal(s) and Policy(s) Approval of this item supports the City's efforts to meet Goal No. 3 (Economic Development) Objective No. 2 of creating new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies. The item also supports Goal 5 (Community Health, Livability, Engagement & Sustainability) Objective No. 3 to facilitate diverse housing opportunities and support efforts to preserve and Improve the livability of Santa Ana neighborhoods. Public Notification & Community Outreach Required Measures A public notice was posted on the project site on May 25, 2018. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on May 25, 2018. Newspaper posting was published in the Orange County Reporter on May 25, 2018. The applicant held a Sunshine Ordinance community meeting on September 7, 2016 at the Saint Jeanne de Lestonnac School. Two members of the public attended: a schoolteacher from the facility and a representative from the City of Tustin. Both voiced their support for the project. No additional communications regarding the meeting were received after. The Lyon Street Neighborhood Association was contacted by phone to identify any areas Additional Measures of concern. At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission adopt a resolution approving Site Plan Review No. 2017-09 and Density Bonus Agreement Application No. 2017-02 as conditioned. All Pezeshkpour, AICP Senior Planner 60A-52 EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 11 AP:sb SAPlanning Commisslon@01MPR17-09 DBA17-02 AMG Assoc 2110 and 2114 E RmLpc Exhibits 1. Resolution 2. Vicinity Zoning and Aerial Map 3. Site Photo 4. Site Plan 5. Unit Floor Plans 6. Building Elevations 7. Building Perspectives 8. Landscape Plans 9. Air Quality and Greenhouse Gas Technical Report 10. Health Risk Assessment 11. Parking Study and Management Plan 60A-53 EXHIBIT 2 This page left blank intentionally. 60A-54 EXHIBIT 2 LS 6.04.18 RESOLUTION NO.2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2017-09 AS CONDITIONED AND DENSITY BONUS AGREEMENT NO.2017-02 AS CONDITIONED FOR A NEW MIXED -USE FAMILY AFFORABLE RENTAL RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 2110, 2114, AND 2020 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Gene Broussard, representing Affordable Housing Land Consultants, Inc. (AMG & Associates, hereinafter referred to as "Applicant'), is requesting approval of Site Plan Review No. 2017-09, as conditioned, and Density Bonus Agreement No. 2017-02, as conditioned, to allow the construction of a new mixed -use 552-unit family affordable rental residential and commercial development at 2110 and 2114 East First Street. B. The Metro East Mixed Use overlay district was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices. C. The California Density Bonus law allows developers to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. D. On June 4, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. E. Section 41-595.5 of the Santa Ana Municipal Code (SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to Resolution No. 2018-xx Page 1 of 11 66HIItt1 EXHIBIT 2 apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. F. The zoning designation for the subject property is Metro East Mixed Use (MEMU) Overlay Zone (OZ-1) in the Active Urban land use district. G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5, have been established for Site Plan Review No. 2017-09 to allow construction of the proposed project. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain 552 residential units (including one manager's unit) with a substantial (up to 10,000 square feet) commercial component. In addition, the project has been designed to feature a public plaza at its frontage on First Street, designed for temporary activities or kiosks. Constructing 552 units in the project area will add to the residential population in the area, stimulating demand for community -serving commercial uses such as restaurants, retail stores, dry cleaning services, and other similar uses. Finally, the project meets several General Plan goals and policies, including the Land Use Element's Goal 2 (to encourage diversity of quality housing, affordability levels, and living experiences), Goal 4 (to provide adequate rental and ownership housing and supportive services), and the Housing Element's policies HE-2.3 and 2.4 (to encourage construction of rental housing, facilitate diverse types of housing, prices, and sizing). That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. Although the project complies with the majority of development standards enumerated in the MEMU regulating plan, it does not meet the requirements for publicly - accessible open space, building setbacks, off-street parking, and driveway widths. These standards require approval of incentives/concessions and/or waivers through the Density Bonus Agreement application. Resolution No. 2018-xx Page 2 of 11 EXHIBIT 2 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of a six -level project surrounded by multi -level and single -story structures. A single -level school campus abuts the site to the south, and single -story commercial development is to the north across First Street and east abutting the site. A midrise office building abuts the site to the west. The MEMU anticipates developments of this scale or larger in the "Active Urban" land use district, and this development would continue the scale of existing buildings in its immediate vicinity. Moreover, the project contains ground -floor non-residential (commercial and community) spaces at the front of the project, which will activate First Street. These spaces have been designed to feature ground -floor ceiling heights between 12 and 22 feet tall, enhancing the urban, mixed -use atmosphere envisioned by the MEMU overlay district. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. The proposed project is consistent with the scale and intensity of projects anticipated in the original MEMU EIR (EIR No. 2006-01) and in the MEMU overlay district regulating plan. No negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on First Street by providing flexible community areas that can be programmed with activities or temporary uses, and the landscape palette has been carefully selected to complement existing landscape patterns of the surrounding land uses. H. The Planning Commission determines that the following findings, which must be established in order to grant this Density Bonus Agreement pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2017-02 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing Resolution No. 2018-xx Page 3 of 11 60A-57 EXHIBIT 2 opportunities in economically balanced communities throughout the city. The proposed development will provide 552 affordable rental family housing units, contributing toward the City's rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Metro East Mixed Use overlay district, currently contains one market -rate mixed use community and another entitled market -rate mixed use community. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market -rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The project site is located in an area already identified in both the City's Zoning Code (the Metro East Mixed Use overlay district) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the proposed density of 80 units per acre is consistent with the anticipated development intensity of 90 units per acre in the General Plan Land Use element, and is below the density bonus provisions in the California Density Bonus Law for family -oriented projects (35-percent density bonus) and in the City's Housing Opportunity Ordinance (35- percent density bonus). 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires three deviations through incentives/concessions: publicly -accessible open space, building setbacks (side and rear), and offsite parking, as well as one deviation through a waiver in driveway width. The four deviations are described as follows: First, the MEMU regulating plan requires that publicly - accessible open space be provided along main street -facing fagades. Because the project has frontage on only one street, meeting this requirement would result in the building being pushed back significantly from First Street and would Resolution No. 2018-xx Page 4 of 11 �� • EXHIBIT 2 render almost the first 1/4 of the site's depth unusable for building area, resulting in the developer having to construct a parking structure or subterranean parking, significantly increasing building costs. Moreover, in order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/Type I versus wood/Type III), further increasing development costs. If the publically accessible open space standard were applied as written, the result would be a significant loss of units and parking'area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The Applicant intends to compensate for this reduction by providing a greater average square footage of private/common open space per unit on the project site. Second, for a project of this size and construction type, OCFA requires 360-degree circulation on the project site with minimum 20-foot fire lanes. The addition of landscaping and walkways around the project perimeter results in the project not being able to meet the maximum 10-foot side yard requirement. Further, for a project of this height, the MEMU requires a 100-foot rear yard setback. In order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/Type I versus wood/Type III), further increasing development costs. Implementing this standard as written would result in the building being set back an additional 55 feet from the rear lot line, resulting in a significant loss of units and parking area. Third, constructing 2.0 parking spaces per residential unit on the project site would require the developer to construct an additional level of parking either above- or below -grade, resulting in increased construction costs and/or a loss of an entire level of residential units. Staff has analyzed the proposed project and finds that there is potential that the project and neighborhood may be impacted by the reduced parking. The City has identified the MEMU area for high - intensity, mixed use development in order to reduce demands for parking and traffic impacts. However, the MEMU area is still in transition, and portions including the MEMU area have yet to redevelop and produce the pedestrian -scale environment envisioned by the plan. To mitigate these impacts, the applicant prepared a parking study that shows that providing valet service and/or a shuttle to major transit stops will reduce parking demand on the site Resolution No. 201 B-xx Page 5 of 11 60A-59 EXHIBIT 2 by 150 parking spaces. The study also identifies the project and its proximity to transit will generate 105 new transit trips. Based on these factors and comparison against other major parking studies prepared by public agencies (San Diego, 2011 and Los Angeles, 2016), the parking study states that the project will have a peak demand of 349 vehicles for the residential component only and 399 parking spaces, including the commercial component. The report and staff analysis also show that the site lies along an express and a standard bus line that provide service approximately every 10 to 15 minutes during rush hour. These lines connect the project to points west (central Santa Ana, Garden Grove, and Westminster), north (Tustin, Orange, and Placentia), and east (central Tustin). Finally, the Applicant is proposing valet service to nearby parking lots and a parking shuttle to major transit stops to further reduce the demand for on -site parking. Fourth, if the project was designed with narrower driveways, the driveways would not conform to minimum standards established for fire ingress/egress by OCFA and for trash truck ingress/egress established by the Public Works Agency and Waste Management, the current waste collector contracted by the City. As a result, a waiver from the maximum driveway width is required. The three requested concessions could be avoided if the project were constructed using a different site plan and building type. If the project were designed with a multi -level parking and/or subterranean parking structure, or if the applicant used different building materials (non-combustible, Type 1) to construct a taller project, additional area on site would become available to provide open space and parking, and to meet the required rear yard setback. However, these changes would increase development costs, resulting in the affordable housing project becoming financially infeasible due to the significantly -increased financial implications of using Type I construction. I. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Resolution No. 2018-xx Page 6 of 11 Wcuar0 Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Sections 15162 and 15168 of the CEQA guidelines. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2006-01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts would trigger the requirement for additional environmental review. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that no mitigation measures are required for the project due to its distance from the Santa Ana (1-5) and Costa Mesa (SR-55) freeways. In considering additional analysis, the applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. As outlined in the accompanying staff report, the project is consistent with the City's General Plan and the MEMU regulating plan. Further, it is consistent with the density bonus provisions outlined in the City's Housing Opportunity Ordinance. The project site is located within city limits and is less than five acres in size. It is already in an urbanized setting surrounded by urban uses, and the project has not been identified as habitat for endangered, rare or threatened species. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2017-09 and Density Bonus Agreement No. 2017-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 14, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 4" day of June, 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2018-xx Page 7 of 11 60A-61 EXHIBIT 2 Mark McLoughlin Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 4, 2018. Date: Recording Secretary City of Santa Ana Resolution No. 2018-xx Page 8 of 11 60A-62 EXHIBIT 2 Conditions for Approval for Site Plan Review No. 2017-09 and Density Bonus Agreement No. 2017-02 Site Plan Review No. 2017-09 and Density Bonus Agreement No. 2017-02 are approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division All proposed site improvements must conform to the Development Project Review approval of DP No. 2016-33. 2. Prior to issuance of building permits for above -ground construction, the Applicant shall record terms into an agreement with the City of Santa Ana detailing operations of the proposed shuttle and/or valet service. The terms and contents of the agreement may be included in any required density bonus and/or inclusionary housing agreement and shall be reviewed and approved by the Planning Division, Public Works Agency, and City Attorney's Office prior to recordation. Upon review and approval, proof of the agreement's recordation shall be submitted to the Planning Division prior to building permit issuance. After 12 months of operation, the Applicant shall prepare a review of the operations detailed in the agreement, including the shuttle and/or valet services, for review and analysis by the City, after which modifications and/or alternate parking reduction strategies will be considered if necessary. Any modifications and/or alternate parking reduction strategies will be reviewed by the Planning Manager, after which a determination will be made if the agreement can be amended by the City Manager or his designee, or if the Planning Commission must review any new proposed conditions of approval. The initial "deal points" are outlined below: • AMG must identify which parking lots have agreed to rent out parking spaces for the valet service • AMG must identify specific shuttle stop locations and must obtain approval from the Orange County Transportation Authority (OCTA) if it wishes to utilize its bus stops/pullouts as part of its shuttle service operations Resolution No. 2018-xx Page 8 of 11 EXHIBIT 2 • All residents of driving age must disclose any owned, leased, or rented vehicles to be permitted to park on the project site or any properties as part of the valet or shuttle service • Each tenant must agree to lease terms prohibiting parking of his or her vehicle on any City -owned property o Every such agreement must contain penalties/consequences for violating the terms of the agreement o Terms shall also be incorporated into the City's housing plan or agreement for the project • The shuttle shall be operated by the developer and at the developer's sole expense • The developer and/or management company shall maintain a copy of the shuttle's operating plan, including days, times, and frequency of service, with the City's Planning Division and Public Works Agency • The City can record a lien to collect any unpaid fines or monitoring costs • The developer may require include lease provisions that limit the number of vehicles a tenant may possess during the term of occupancy • The developer and/or management company shall coordinate with the City's Planning Division, Public Works Agency, and City Attorney's Office to document and record the agreement 3. Prior to issuance of building permits for above -ground construction, the Applicant shall provide the City of Santa Ana a copy of a recorded easement for reciprocal access (ingress, egress, and fire access) for any and all proposed shared drive aisle(s) between the project site and the adjacent property to the west. 4. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 5. A residential property manager shall be on site at all times that the project is occupied and the developer and onsite management shall at all times maintain a 24-hour emergency contact and contact information on file with the City. 6. All mechanical equipment shall be screened from view from public and courtyard areas. 7. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. Resolution No. 2018-xx Page 9 of 11 EXHIBIT 2 8. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 11. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. Resolution No. 2018-xx Page 10 of 11 EXHIBIT 2 This page left blank intentionally. 5/3/2018 SPR 2017-09 & DBA 2017-02, "AMG First Point" EXHIBIT 2 lM`:e__+ C1 U - 1 Santa Ana Boundary Y CSy� ��`` •_��" ` R Gnaw-_=� _ Zoning xpn o s[ pl on I - ®i 00 i■ U UL100. 6C[nrer q F 1 41 i - � �,y g�. 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O EXHIBIT 2 Exhibit 9: Air Quality and Greenhouse Gas Technical Report is available for review at the following locations: http://santa-ana.org/pba/planning/AMGMixedCommunitV.asp Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 EXHIBIT 2 Exhibit 10: Health Risk Assessment is available for review at the following locations: http://santa-ana.org/pba/planning/AMGMixedCommunitV.asp Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 60A-79 EXHIBIT 2 A00AIA Abrams Associates TRAFFIC ENGINEERING, INC. May 2, 2018 Alexis Gevorgian AMG Associates, LLC. 16633 Ventura Boulevard, Suite 1014 Encino, CA 91436 Re: Parking Demand Analysis for the 2114 E. 1st Street Apartments INTRODUCTION This report describes the parking demand characteristics of the proposed mixed -use project located at 2114 E. 11t Street in the City of Santa Ana. The purpose of this report is to present the expected parking demand of the proposed project. PROJECT DESCRIPTION The 2114 E. 1 st Street Apartments is proposed to be a mixed use project with 552 apartment units over ground floor retail and a 620 space parking garage. There will also be 10,000 square feet of ground floor retail space. The project is located on the southeast corner of 1st Street and East 1 st Street in the City of Santa Ana. The site is currently occupied by a used car dealership several other businesses in a single store office building. TRANSPORTATION SETTING Surrounding Land Uses - The project would be located within walking distance of shopping, restaurants, and a number of major employers such as Caltrans, the Social Security Administration, Kaiser Permanante's Offices, the Tustin Rehabilitation Hospital, and the Orange County Global Medical Center. Roadway Network - The primary roadway that would be affected by this project is 1st Street. 1st Street is a six -lane street along the frontage of the project, and changes to have two eastbound lanes just east of the project site. It is an arterial street with traffic signals at all major intersections but no parking is permited in the vicinity of the proposed project. E. 1st Street is a two-lane private dead end road that currently has on -street parking that is designated as being restricted to authorized vehicles only. Please note that E. 1 st Street is within the boundary of the project site and would be realigned as part of the proposed project. Transit Service - There is bus transit service provided by Orange County Transportation Authority (OCTA) adjacent to the project. Route 64 operates next to the project site with connections to other bus routes at Larwin Square in Tustin and at the Westminster Mall in EXHIBIT 11 1875 Olympic Boulevard, Suite 210 • Walnut Creek, CA 94596 • 925.945.0201 • Fax: 925.945.7966 60A-80 Page 2 of 8 — 2114 E. 16E Street Parking Demand Analysis Abi-MINTs6ciates TRAFFIC ENGINEERING, INC. Huntington Beach. Please note the nearest bus stops are less than a block from the site. About two blocks away are bus stops for Routes 71 and Express Route 64X. PARKING DEMAND ANALYSIS This section discusses the estimated parking demand for the project. The proposed project is proposing to provide on on -site parking garage with 620 spaces. The amount of auto use would be less than a typical apartment project as a result of the affordability component of the project and the proximity to transit. As a result, it is expected some auto trips would be replaced by transit trips, pedestrian trips, and bicycle usage. There are a couple factors that the City could consider when reviewing parking demand for this project. These include: Residential Parking Demand for Transit Oriented Developments - There is extensive evidence available that apartment units in transit oriented developments generate less parking demand than market rate units. 2. Affordable Housing Parking Generation Rates -There is also extensive evidence that affordable apartment units generate less parking demand than market rate units. Residential Parking Demand for Transit Oriented Developments - For a location in business district with bus transit access (and located near major employers), the parking demand would be less than the typical parking demand rate in the ITE Parking Generation Manual. The availability of transit, the use of bicycles, and the attractiveness of walking in the mixed -use business district environment would clearly result in reduced vehicle trip generation and an associated reduction in the need for parking. Since it is anticipated that a higher portion of all travel will occur by walking, bicycling, and through the use of public transit, it is expected that some of the apartment residents would not have personal vehicles. According to S.B. 743 a project's parking impacts are no longer be considered significant impacts on the environment if the project is a Transit Oriented Development (TOD). In the State of California a TOD is defined as a project that is 1) residential, mixed -use residential, or an employment center project, and 2) located on an infill site within a transit priority area. A transit priority area is defined as being an area within one-half mile of a major transit stop. A major transit stop is defined as containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. In the case of the proposed project all of these criteria are met with one minor exception. Less than two blocks away there is a intersection of two major bus routes. While the overall frequency of the bus service at the intersection is 15 minutes one of the lines at the intersection (Route 71) operates on slightly higher service intervals of about 20 minutes. L. 1 Page 3 of 8 — 2114 E. 1st Street Parking Demand Analysis AbrgWNITs9ciates TRAFFIC ENGINEERING, INC. The project is also proposing to meet the major transit stop requirement by providing a shuttle service to the Santa Ana Regional Transit Center. The Santa Ana Regional Transportation Center (SARTC) is a major transfer center that provides access to regional Amtrak and Metrolink rail services as well as intercity and interstate bus transportation. The shuttle is planned to include service during the weekday peak commute hours with a maximum headway of 15 minutes using a 20-passenger shuttle bus. Other than the project itself, the shuttle would include the following stops to serve residents: 1 st Street at Cabrillo Park Drive 1st Street at Lyon Street 1st Street at Grand Avenue 1st Street at Standard Avenue Santa Ana Boulevard at Santiago Boulevard (The Santa Ana Regional Transit Center) Grand Avenue at Santa Ana Boulevard Based on data from MTC's travel survey for projects within 1 mile of a train station, during the peak commute hours the project would be forecast to generate approximately 105 transit trips. However, please note that that it is forecast that approximate three quarters of these trips would be expected to use the planned shuttle service and the other 25% of these transit trips would be made via existing public transit in the area. Again, please note that there are public bus stops located less than a block from the site. With the addition of the shuttle service to the SARTC the project will meet the definition of a transit oriented development (subject to City approval) and, as such, a reduction in the parking demand from the project would be forecast to occur. Based on a detailed analysis of 12 large TOD housing projects the parking demand for the proposed project, when compared to a project without any major transit stops nearby, would be expected to be reduced by a minimum of 23%. Therefore, the addition of the shuttle service is estimated to equate to a minimum reduction in parking demand of approximately 150 parking spaces.' In addition, the detailed surveys of TOD housing projects have found that the peak parking demand recorded at TOD sites has been found to be a minimum of 45% less than the peak parking demand rates for apartments published by the Institute of Transportation Engineers (ITE) 2 For the proposed project (ITE Land Use Code 222) the peak parking demand for non-TOD sites is 1.37 vehicles per unit. Therefore, based on surveys of similar TOD apartment projects the parking demand is forecast to be approximately 0.62 vehicles per unit, meaning the parking demand for the residential portion of the project could reduced for transit access by as much as 414 spaces (i.e. the Statewide Transit Oriented Development (TOD) Study Special Report— Parking and TOD: Challenges and Opportunities, Business, Transporation, and Houiing Agency of the Calfiomia Department of Sacramento, CA, February, 2002. z Parking Generation at Transit -Oriented Developments: Five US Case Studies, Reid Ewing, College of Architecture and Planning, Univerisyt of Utah, Salt Lake City, UT, November 20% Z�1 � � • Page 4 of 8 — 2114 E. 16t Street Parking Demand Analysis Abr96§'W'Ts6ciates TRAFFIC ENGINEERING, INC. maximum potential reduction). Please note these reductions are based on market rate units near major transit stops but do not account for the affordability component of the project. Affordable Housing Parking Demand - There is extensive evidence that trip generation and parking demand at affordable housing projects is substantially less than would occur at a comparably sized market -rate apartment project. The following is a summary of some available data on this subject: City of Los Angeles Affordable Housing Survey - For example, a 2016 survey of affordable housing sites in the City of Los Angeles indicated the daily traffic generated at the sites was approximately 40% less than the ITE rates for market rate housing? Please note the City of Los Angeles allows up to a 50% reduction in parking for affordable housing projects. City of San Diego Affordable Housing Parking Study- The City of San Diego conducted an affordable housing parking study in 2011.4 About 2,750 surveys were distributed to 34 affordable housing developments. The survey found that parking demand for affordable projects is about one half of typical rental units in San Diego; almost half the units surveyed had no vehicle. The survey indicated that in urban areas (defined as somewhat conducive to walking with moderate transit access) affordable housing units had an average of 0.5 vehicles per household. Please note that affordable housing in central business district (core) area for very low income households were found to be as low as 0.1 cars per household. Assembly Bill No. 744 Planning and Zoning: Density Bonuses - It is also important to note that A.B. 744 allows developers of low income housing types to request lower parking minimums. Based on A.B. 744 it appears that mixed -income housing within'/2 mile of a well -served transit stop and with at least 11 percent of the units set aside for extremely low-income residents or 20 percent set aside for low-income residents theoretically requires only 0.5 parking spaces per bedroom. According to the California Public Resources Code a well -served or "major transit stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. In the case of the proposed project there is a intersection with two major bus routes located much less than a '/2 mile from the site (about 700 feet from the site). At the nearby intersection of 1 s' Street and N. Tustin Avenue Route 64 and 64X operate with approximately 15 minute headways and Route 71 operates with approximately 20 minute headways. In addition the project is also proposing to provide shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. This proposed service is decribed in more detail below. It should also be noted that ' Transportation Impact Study Guidelines, City of Los Angeles, Los Angeles Department of Transportation, CA, December, 2016. 4 Affordable Housing Parking Study, City of San Diego, San Diego, CA, February, 2011. Page 5 of 8 — 2114 E. 1" Street Parking Demand Analysis Abr9WW1Ts9ciates TRAFFIC ENGINEERING, INC. to meet the requirements of A.B. 744 projects must provide unobstructed access to the transit stop that they are near, meaning that a resident must be able to access the stop without encountering natural or constructed impediments. Based on our review this requirement would be met since there is an existing sidewalk between the project site and the transit stop in question. SUMMARY OF FINDINGS ON PARKING Table 1 presents a summary of the project's parking requirements and forecast demand based on the City's code, the ITE parking generation rates, the referenced transit oriented development studies, and also the affordable housing surveys. The residential parking provided would be forecast to generate a demand for about 756 spaces based on the unadjusted ITE parking rates.5 This publication indicates that market rate apartments (ITE Land Use Code 222) typically generate a maximum peak parking demand of 1.37 vehicles per unit. Table 1 Off -Street Parking Calculations Data Source Land Use Size Parking Ratio Required Spaces City of Santa Ana Municipal Code Apartments 552 units 1.25 690 City of Santa Ana Municipal Code Retail 10,000 sq. ft. 5 50 Municipal Code Parking Requirement 740 ITE Parking Demand Rates Apartments 552 units 1.37 756 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 ITE Unadjusted Demand Estimate 782 Transit Oriented Development Rates Apartments 552 units 0.62 342 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 TOD Parking Demand Estimate 368 Affordable Housing Rates Apartments 552 units 0.5 276 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 Affordable Housing Parking Estimate 302 5 Parking Generation Manual, 41 Edition, Institute of Transportation Engineers, Washington D.C., 2010. Page 6 of 8 — 2114 E. 151 Street Parking Demand Analysis Abr9N'WTs9ciates TRAFFIC ENGINEERING, INC. Based on the most recent data available from the City of Los Angeles affordable housing projects generate about 40% less vehicles per day than a typical market rate apartment building. Based on this data the residential portion of the project would have an estimated parking demand of approximatrely 302 vehicles. Therefore, with the proposed shuttle service to meet the transit access requirements the City could consider making the findings that allowing the project to proceed with 0.5 spaces per unit is reasonable and appropriate. This could be based, in part, on the fact that this is an affordable housing project in a location within walking distance of bus transit and major employment centers. If this were approved, the following is a calculation of the potential parking requirements: 552 units times 0.5 spaces per unit equals 276 parking spaces. Including the 50 spaces required for the retail space would increase the net total parking requirement for the project 326 parking spaces. The justification is as follows: Transit Services - There are existing bus stops less than one block from the site that provide direct access other regional bus routes in the area. Route 64 operates next to the project site with connections to other bus routes at Larwin Square in Tustin and at the Westminster Mall in Huntington Beach. About two blocks away are bus stops for Routes 71 and Express Route 64X. In addition to these services the project is proposing to provide free on -demand shuttle service to the Santa Ana Regional Transportation Center for residents that would operate on 15 minute headways during the peak commute hours. The Santa Ana Regional Transportation Center (SARTC) provides access to regional Amtrak and Metrolink rail services and also intercity and interstate bus transportation. City of Santa Ana General Plan Policies - The City of Santa Ana has a number of policies that support a reduction in on -site parking. These include policies related to the goals of increasing the use of public transit, limiting increases in vehicular traffic, improving air quality, limiting fuel consumption, and improving conditions for pedestrians in the area. Each of these factors, goals, and objectives is described in the City's General Plan. These policies could provide additional support for making the findings to approve the project with reduced parking. Assembly Bill No. 744 - The proposed project is within two block of an intersection of two major bus routes, which is clearly much less than the typical ''/z mile requirement for a project to be considered a transit oriented development. At the nearby intersection of I5' Street and N. Tustin Avenue Route 64 and 64X operate with approximately 15 minute headways and Route 71 operates with approximately 20 minute headways. However, it is important to note that this project will provide additional demand for bus service in the area and the applicant has said they plan to open a discussion with OCTA about increasing the frequency of service. As mentioned above, the project is also proposing to provide shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. This would provide a direct and convienient connection to the Santa Ana Regional Transportation Center. The Santa Ana Regional Transportation Center (SARTC) provides extensive access to numerous transit services including Amtrak and Metrolink rail services, multiply OCTA bus routes, airport and taxi services, and also intercity and interstate bus transportation. Z� • Page 7 of 8 — 2114 E. 181 Street Parking Demand Analysis Abl'aTTIN5s6Ciates TRAFFIC ENGINEERING, INC. CONCLUSIONS The proposed project qualifies as a transit oriented development due to its close proximity to a major transit stop where two major bus routes intersect. While the applicant is expecting to open discussions with DICTA about increasing the frequency of bus service near the project site, the project will not rely on this to achieve alternative transportation goals. To ensure the project fully qualifies as a transit oriented development the project is also proposing to provide residents with private shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. If the City were to allow the applicant to provide 0.5 spaces per unit, as specified by A.B. 744, the parking required for the project would theoretically be 326 parking spaces. Please note this includes the 50 spaces required for the retail uses. The parking demand can also be estimated based on the 4th Edition of the ITE Parking Generation Manual. Since the project is two blocks from a major transit stop and will be providing free shuttle service to the SARTC, the proposed project would be expected to have a 23% reduction to the ITE parking demand.' In addition, an additional reduction to the ITE forecasts can be applied due to the fact that the entire project would be restricted to residents making 60% or less of the Area Median Income (AMI). The City of San Diego's 2011 Affordable Housing Parking Study found that parking demand for affordable housing projects is about one half of typical rental units in San Diego and almost half the units surveyed had no vehicle. However a more conservative esimate comes from the 2016 survey of affordable housing sites conducted by the City of Los Angeles. This study determined that the number of vehicles generated by affordable housing projects is about 40% of what is generated by comparably sized market rate projects. Using the assumptions above the residential portion of the project is forecast to have an unadjusted peak parking demand of 349 vehicles. Including the 50 spaces required for the retail space would increase the forecast total peak parking demand for the project to 399 parking spaces. Please note that if it were conservatively assumed that all the affordable housing sites surveyed in the Los Angeles study also had excellent transit access (and the separate reduction for transit access was eliminated from the parking calculations) then the project would have a forecast average peak parking demand of 504 vehicles. Based on the proposal to accommodate this demand with an on -site parking garage with 620 parking spaces our conclusion is that no parking impacts to the surrounding roadways or properties in the area would be anticipated. Z�. 1 � .., Page 8 of 8 —2114 E. 15' Street Parking Demand Analysis AbrMINTs9dates TRAFFIC ENGINEERING, INC. Please don't hesitate to contact me if you have any questions about this information. Sincerely, �IL Stephen C. Abrams President Abrams Associates T.E. License No. 1852 r Q !A i. rr:C I i d (M) 0 a AMP L ■ LL L. 0 i � 0 L 0 cu .� /, 0 (L) Cl)Q) U +r Q � 0 � 0 _ _ L 0 �cu a) LL fn cuM LL (aW I �7 N E Co c cz LL W•— W W N }i -1--+ s n U) •L LL O c a o oCU L N . _ LL Q LL ww .Vj f ug o'' Mrs. I a Oil? eo- N m X LLJ .O -.-a N O N J O cu V. O Q. c cu � - .0 Q. O U) U) c O .C/) .U) N O N (o 0' U (u U) .c O N > 0) U O CL .� O � 0 n 60A-92 N co X O W ~ ° C Q cu -cn cn O 0 C � O L -- � += -L _co j C -> u Q _0 cn O U •-0. m - Cl) Co 41 O 5 L. O lot ° 0 � � }' O C) C: c', O CL Ca.„ U CoO 0)-� 0 C))(D cu i= UO O a)O— Q (�CU LLU to V) I- c Q- le c co n- N NE a)1 0) r- c6 cB t1i Oe 0 n x _. i N _7 FL:- Coll x w r w q3} L row L 400 a i y ri o AN A Z0. 7711 {-0--� A-u W F,A;irj- f � Grp L} l �+ � _0 T c 0 E C EL Q U C s fc N U 1J ('ti o N � (� — T a): LO c O Q LL 0- m m U) I O I I I I I / f •, 75 ca a � O I CU M i : Ln 2 t O v CD � cA j N E N c cn cu O ca cm E ° �, ,c a) c O Q U U O V I I I I I I I c M (^' LL LO LO N � C6 C (I5 C i ca a-+ �o n 4-1 U) 60A-97 N m X W 0 s AMA L AMA 0 v s.: rml LE �Co 9 L co Ll- • •• 2114 ajoto � -: lzit� lit ■ ® - dei_ 4 dle ■ ■ TABLE OF CONTENTS FIRST POINT PARKING MANAGEMENT PLAN SECTION 1: INTRODUCTION SECTION 2: SHUTTLE PLAN SECTION 3: VALET PLAN SAMPLE PARKING LEASE LETTER OF INTENT MAP OF POTENTIAL PARKING LOTS LISTING OF PARKING LOT OWNERS SECTION 4: SAMPLE PARKING ADDENDUM SAMPLE TENANT PARKING AND EVICTION ADVISORY FORM Page 2 of 16 60A-100 FIRST POINT PARKING MANAGEMENT PLAN SECTION 1- INTRODUCTION In order to conform with the requirements of the Density Bonus Agreement and project entitlement, this Parking Management Plan (PMP) is submitted to discuss the proposed development, on -site parking capacity, and additional parking related provisions that will ensure that resident parking needs are satisfactorily handled and do not become a burden for the project's neighborhood or for the City of Santa Ana. Project Description The project is located on an approximately 6.85-acre site currently addressed as 2112 and 2116 East First Street in the City of Santa Ana. The site has previously been occupied by a used car dealership (2110 E. First Street) and several other small businesses in a single story office building (2114 E. First Street). The scope of the First Point project includes demolition of these older commercial buildings (now completed) and construction of an affordable, rental, family - oriented, mixed -use community with approximately 10,000 square feet of leasable commercial space. The project will contain two structures consisting of a ground -level podium parking and five levels of residential above. A total of 552 affordable rental units will be provided on the project site. A total of 566 resident and guest parking spaces will be provided under the podium and within the First Point site plan, which equates to one space per household plus parking for the handicapped and guests. An additional 50 parking spaces will be available on -site for the commercial component and 4 spaces for the leasing office and the development's employees. The project is located within walking distance of shopping, restaurants, and a number of major employers such as Caltrans, the Social Security Administration, Kaiser Permanente, the Tustin Rehabilitation Hospital, and the Orange County Global Medical Center. Demand Analysis An analysis of parking demand was prepared by Abrams Associates Traffic Engineering, Inc. on May 2, 2018. Using conventional methods of determining parking demand and relying on widely -accepted standards, the report concludes that the on -site parking capacity proposed is more than sufficient for anticipated demand. As a requirement of this PMP, project ownership will engage an update of this parking study that further incorporates and analyzes the effect of the various parking demand mitigation commitments made in this PMP. Such report will be provided by the developer to the City of Santa Ana upon completion, within 90 days following City Council approval of the project's density bonus agreement. Such report will also update and include references to City of Santa Ana parking code requirements. The report, using standards from the Parking Generation Manual, 4th Edition, Institute of Transportation Engineers, as well as a comparison of typical affordable housing developments and affordable housing developments, concludes the following: Page 3 of 16 60A-101 "Using the assumptions above, the residential portion of the project is forecast to have an unadjusted peak parking demand of 349 vehicles. Including the 50 spaces required for the retail space would increase the forecast total peak parking demand for the project to 399 parking spaces. Please note that if it were conservatively assumed that all the affordable housing sites surveyed in the Los Angeles study also had excellent transit access (and the separate reduction for transit access was eliminated from the parking calculations) then the project would have a forecast average peak parking demand of 504 vehicles. Based on the proposal to accommodate this demand with an on -site parking garage with 620 parking spaces, our conclusion is that no parking impacts to the surrounding roadways or properties in the area would be anticipated. " The analysis provided clearly demonstrates that the parking to be provided at First Point is more than sufficient based on widely -accepted methods of determining parking demand, particularly as applied to affordable housing with excellent access to transit options. Additional Parking Related Provisions In order to comply with the project's entitlement and density bonus, and in order to address concerns that resident parking behavior and project circumstances may change over time, the project owner will provide additional measures to mitigate unforeseen parking demand. Such measures will be reviewed annually between the City and the project owner and adjusted as appropriate between the owner and the City and within the bounds of the entitlement and density bonuslaw. All resident households will be assigned one on -site parking space. To supplement resident transportation needs, owner will provide an owner -funded, free shuttle service for project residents, employees, and commercial tenant employees. The shuttle service will provide transport along a specific route to key public transit connections during peak hours 365 days per year (unless those transit options are not operating) from the hours of 6:00 a.m. to 9:00 a.m. and 3:00 p.m.to 6:00 p.m. The shuttle will run in a circuit from the project to the Santa Ana Regional Transit Center as well as ancillary off -site parking or transit options, as determined and adjusted from time to time between owner and the City. The shuttle will be operated and insured by the property and/or a third party shuttle company or property management company. The shuttle, at all times, will have a properly licensed and qualified operator. All shuttle routes and stops will be subject to mutual review and approval by the City of Santa Ana and owner. The owner will also be providing an owner -funded, free valet service, which will transport residents to and from specific off -site parking facilities during the same hours as the shuttle operation. While all resident households will have one assigned parking space on site, this service is intended for the convenience of those resident households that elect to have a second vehicle, for which the project does not have on -site parking. The off -site parking options for which the valet service will be provided will be negotiated in bulk by the project owner and paid for on an individual resident basis between the project resident and the parking lot owner. Page 4 of 16 60A-102 Prior to issuance of certificate of occupancy and to generate options for residents to own and utilize additional vehicles to meet their needs, the owner will make arrangements with as many off -site parking lot owners in the project vicinity as is sufficient to meet the then -current demand for off -site parking rental. The project owner will negotiate the parking at the then -current market rate for off -site parking or better, as evidenced by comparable parking options in the City. The parking spaces themselves will be contracted for and paid for by residents, with the owner acting as the 'arranger' between the parking owner and the project residents. At all times, valet service will only be offered to residents with approved, compliant, paid -for parking. This PMP includes a map of anticipated potential parking sites as well as a sample parking letter of interest. As an excess of caution, owner will diligently work to ensure that additional short-term resident -paid parking opportunities are made available at the time of initial occupancy at owner's affiliated project, Villa Court Senior Apartments at 2222 E. First Street in Santa Ana, as well as in adjacent areas that were utilized by owner's general contractor as temporary construction staging areas. As a requirement in the residential leases, all residents are required to provide information on their vehicles and specify where their vehicles will be parking, including providing evidence satisfactory to the project owner that such vehicles are permitted to park in such locations. To any extent that residents utilize parking in City owned lots or on private property without authorization, the project owner will issue lease violations to residents when such violations are validly reported to project owner. Project owner will initiate penalties, lease violations, and eventually the eviction process as expeditiously as the law allows and proceed to evict residents that do not comply with the project's parking policies. Residents will be required to acknowledge receipt of the project's Parking Addendum to Lease, in substantially similar form as the sample provided in this PMP, as well as to sign the owner's Tenant Parking and Eviction Advisory form which is a disclosure related to offsite parking provisions and the extreme consequences (even eviction) that can result from non-compliance. In addition to the valet service during the normal posted hours, valet support will be available on a modified basis for residents needing access to their vehicles that are parked in approved off -site locations in the event that such residents are experiencing health or safety emergencies. Additional details of these programs are included in the following plan. Compliance and Enforcement In order to ensure compliance with the approved PMP, the owner agrees to submit an annual parking management plan update by December 31 st of each year for the first three years following project occupancy to City of Santa Ana planning staff. Additional parking management plan updates may be requested thereafter by the City if deemed necessary by the City or developer. The report will include all relevant parking statistics, including: • Vacancy and occupancy of on -site parking spaces (parking counts) Page S of 16 60A-103 Number and locations of off -site parking arrangements as well as number and location of resident parking rental contracts Resident vehicle ownership Valet and shuttle schedule and usage Owner is financially responsible for providing shuttle and valet service (to the extent valet service is needed to transport residents to approved off -site parking lots) during the life of the project. In the event the owner fails to provide such services at any time during the life of the project, owner will fund a $2,500-per-day escrow account that will be utilized to fund alternative transportation to transit or to approved parking, such as rideshare services, taxi -cab, or the equivalent of a similar individualized transportation service available at the time. Further, if such cost is not funded by owner, the City may lien the property for unfunded amounts as described in this paragraph. To the extent allowed by law, the owner will institute lease provisions which limit the number of vehicles a tenant may possess during the term of occupancy and/or that require full disclosure and satisfactory parking arrangements as discussed in this PMP. Some of these provisions are already established and included in the following plan. To whatever extent the owner does not institute or implement such lease provisions and it is evident that owner is not enforcing such provisions in a timely manner, the City may implement the following consequences in this order: 1) owner will be required to rent and pay for off -site parking for any resident that has been permitted by owner (without satisfactory and timely enforcement) to routinely violate parking standards, and 2) if owner does not comply with consequence (1) in this paragraph, owner will be prevented from leasing the next available unit at the project in order to mitigate/reduce parking demand on -site, until such specific parking non-compliance is either corrected at the tenant level (meaning tenant is now in compliance or evicted) or is mitigated by owner's compliance with consequence (1). Documentation Owner agrees to cooperate with the City of Santa Ana in a timely manner to finalize any and all documentation required by staff in accordance with the project entitlement and density bonus law for the establishment of this PMP. Page 6 of 16 60A-104 FIRST POINT PARKING MANAGEMENT PLAN SECTION 2 - SHUTTLE PLAN Beginning at certificates of occupancy and throughout the life of the project, the First Point development will include an owner -funded shuttle service, as adjusted from time to time as approved by the City of Santa Ana, available to project residents for access to the Santa Ana Regional Transit Center (SARTC). Through the transit center, our residents will have easy and frequent access to a wide array of transportation options including Orange County Transit Authority, Metrolink and Amtrak, ensuring that our project is a fully -accredited Transit -Oriented Development. The Shuttle will also allow our residents to access additional parking lots which will contain spaces available for lease. If demand for the shuttle plan increases beyond the capacity, we will agree to purchase an additional shuttle to allow us to maintain this level of service. Hours of Operation: 6:00 a.m. to 9:00 a.m., and 3:00 p.m. to 6:00 p.m.; operates daily, year- round, except for any days that the SARTC is closed Frequency: Every 15 minutes Shuttle Capacity: 20 Passengers Cost: Free for all First Point residents, project employees, and employees of commercial tenants Shuttle Route: Page 7 of 16 60A-105 FIRST POINT PARIQNG MANAGEMENT PLAN SECTION 3 - VALET PLAN The valet service will operate with one fall -time valet employee, in order for residents to readily access off -site parking spaces they have rented. This will allow residents to arrive at First Point and be followed by valet to their registered, off -site space. The valet then will return the resident to First Point. As residents depart, the process will be reversed. Hours of Operation: 6:00 a.m. to 9:00 a.m., and 3:00 p.m. to 6:00 p.m.; operates daily, year- round Frequency: On demand Cost: Free for all First Point residents, employees, and employees of commercial tenants Off Hours Operation: In case of emergency, on -call property management personnel can be accessed to act as valet service or assist in coordinating transit. Immediately following are: 1) Sample Parking Lease Letter of Intent 2) Map of Potential Parking Lots 3) Listing of Parking Lot Owners Page 8 of 16 60A-106 I) SAMPLE PARKING LEASE LETTER OF INTENT [PROPERTY OWNER] DATE: [Month] [Day], [Year] TO: [Property Owner] [Property Owner Street Address] [City], [State] [Zip Code] RE: Letter of Intent for Parking Arrangement [Property Street Address] Santa Ana, California (the "Property") Please allow this Letter of Intent (LOI) to specify the basic terms and conditions under which [Property Owner] as the "Arranger" will enter negotiations for lease terms on the above described Property: BASIC TERMS OF LEASE: LANDLORD: [Property Owner] TENANT: [Individual residents of First Point Apartments] LOCATION AND SIZE OF PREMISE: [Property Street Address], located in the City of Santa Ana, CA consisting of approximately [Square Feet Size of Space] square feet. INTENDED USE: Parking TERM: [Number of Months] months. PAYMENT: [Dollar Amount] per month. LEASE PAYMENT COMMENCEMENT DATE: Tenant Rent Payments shall commence on [Month] [Day], [Year]. EXCLUSIVE NEGOTIATIONS: Upon signing of this Letter of Intent, Landlord agrees to negotiate exclusively in good faith with Arranger. If the foregoing terms and conditions are acceptable to you, please indicate your consent by counter -executing a copy of this letter below, and thereafter return an executed copy to the Arranger. Upon your delivery of such counter -executed letter, we recommend a meeting to discuss the above. Page 9 of 16 60A-107 This letter is not an offer and as such may not be accepted to form a contract; rather, this letter serves as an expression of Tenant's interest to lease the property. We expect that any binding agreement, which would be negotiated between Arranger and Landlord, will be generally consistent with the terms and conditions outlined in this letter. Sincerely, Date: [Property Owner] TERMS ACCEPTED AND AGREED TO BY LANDLORD: [Landlord] Date: Page 10 of 16 60A-108 60A-109 60A-110 M i p � GN W O b GO C Q ,P' 'b P U O aQ+ O P C c r Q V O" CC a b P V y S. 3 N O N N w Q K Q x rn Q oF0 O F O N p Q U tOf m N P yN. z a Q O r Q U m Q K Q K H P U b U Q U x �C • � • 3 Q gmg a � ti 2 S V �� N z E M O v z$ Q F-� a U `* aiO. Ci L� V N—T m N 6 U QN j � C ;qvE v°1, T U T U U a O O y m p a 0 vl • r N Q • ti w W vl r N Q h W O n Q C y N O n Q C w W vl r N a w O v� n N Q w c N 0 Q U N` a 0 Z o Q U C s a U Z N N P' U F O � Vl n N Q Cro � o Q ro v E Z P U¢ N Yu 4 p P Q tE Q u Y 0. Q N• F �A. Y o L U o Q U W F UR b° V Z � P U � U c P Q tE Q o U N P d U a U 0. n O N P U Z � N U A Z o Q U Q W Z N N N N N V1 �O N N V n VI �O V1 V� V1 V1 V1 V' N h 4 _ _ _ V N N 60A-111 FIRST POINT PARKING MANAGEMENT PLAN SECTION 5 - SAMPLE PARKING RELATED LEASE DOCUMENTS TENANT PARKING AND EVICTION ADVISORY FORM This property is subject to a Parking Management Plan (PMP) required by the City of Santa Ana. The Landlord is responsible for compliance with the PMP, which requires the Landlord to collect information about Tenant's vehicles, parking stall usage, other off -site parking usage, and utilization of the offered Shuttle and Valet services. This property was designed to maximize housing units and limit parking area, thus this project's operation is not intended to accommodate households with more than two vehicles. At all times, only a maximum of one vehicle per household can be parked on site. Any second vehicle owned by a resident household, must be parked off site and in a verifiable location that does not impose on other property owners or public/city parking without authorization. See Management for information on how you can rent an off site parking space for your second vehicle, as needed. By signing this form, tenant(s) affirm that Management has explained the PMP, and that tenant(s) understand the obligations of both theTenantand the Landlord underthe PMP. The PMP is available upon request fortenant review in the on -site property management office. TENANT UNDERSTANDS AND CERTIFIES THAT THE HOUSEHOLD WILL COMPLY WITH THE PMP. TENANT UNDERSTANDS THAT NON-COMPLIANCE WITH THE PMP AND WITH THE PARKING ADDENDUM TO LEASE WILL RESULT IN LEASE VIOLATIONS, FINES, AND WILL CONSTITUTE GROUNDS FOR EVICTION. [Tenant Acknowledgment Signature] [Tenant Acknowledgment Signature] [Tenant Acknowledgment Signature] [Tenant Acknowledgment Signature] Page 14 of 16 60A-112 First Point I and II Parking Addendum to Lease Year: Make: VEHICLE #1 I Model: 'Or.'Plate#: Permit#: Current Registration Verified by Agent: Current Insurance Verified by Agent: Year: Make: Model: Color: Plate #: Permit #: Current Registration Verified by Agent: Current Insurance Verified by Agent: household may lease that intends to park more than 2 vehicles onsite or offsite. This Parking Addendum to the Lease is between First Point I or II and the Tenant(s) of unit # as listed on the Lease Agreement. The single parking space assigned to your apartment is# . Parking onthe premises issubject to the terms contained within the Lease Agreement as well as those detailed in this Addendum to the Lease. Violation of these terms is considered a violation of the Lease. Repeated parking violations may lead to eviction. 1. All vehicles must be registered and insured in accordance with California law and must display current registration stickers and license plates. 2. Vehicles must be parked front end in first. No backing into spaces is permitted. 3. All vehicles parked on the premises must be in operable condition and must move at least every 48 hours. Storage of vehicles is prohibited on the premises. 4. Vehicles with fluid leaks are prohibited from parking on the premises. Tenant is responsible for clean-up costs associated with any excessive fluid leaking from their vehicle(s) in their assigned parking space or anywhere else their vehicle is consistently parked on the property. Tenant further agrees to be liable for any and all damage to the premises caused by their vehicle or driving. 5. Vehicle maintenance and car washing are not permitted on the premises. No car parts may be stored on the premises. 6. No parking of any type of oversized or recreational vehicle is permitted on the premises, including but not limited to motor homes, trailers, boats, etc. 7. Parking in the numbered spaces throughout the premises is by assignment only. Tenants may only park in their own assigned space. 8. Tenants are prohibited from parking in other reserved spaces (Commercial, Office, Postal, etc.) or in violation of posted signage. 9. Loading/Unloading spaces are limited to 30 minute parking and are intended for loading/unloading a vehicle or pickup/dropoff of passengers. 10. Designated Visitor spaces are available to all vehicles on a first -come, first -serve basis from lam to 7pm daily. Visitor spaces are available to vehicles with valid permits only from 7pm to lam daily. 11. If a guest will be parking onsite between 7pm and 7am, you or they must request and display a temporary parking permit from Management. 12. Tenant is responsible for ensuring that their guests are informed of and comply with all parking policies. Parking Permits 1. Parking Permit Issuance: a. Parking permits will be issued to tenants at the time of lease signing and will be valid for one year. Permits will be renewed annually thereafter at household recertification. b. Parking permits expire upon termination of tenancy. c. Lost parking permits may be replaced for a fee of $25. Stolen parking permits may be replaced once Page 15 of 16 60A-113 without charge if the related police report is provided to the office. Any lost or stolen permit will be recorded as invalid. d. The following will be required for the issuance of a parking permit: i. Current vehicle registration in the name of a tenant/occupant of the lease ii. Proof of active insurance 2. Display of Permits a. Parking permits shall be affixed to the vehicle's rear window on the lower corner of the driver's side so that the permit is clearly visible from outside the vehicle. Vehicles with heavily -tinted rear windows shall affix the permit to the vehicle's front windshield on the lower passenger side corner. b. Temporary parking permits should be hung from the rear-view mirror. c. Rental vehicles or new vehicles replacing an existing vehicle are required to have a parking permit or temporary parking permit if parked on site for more than 24 hrs. d. Misuse, fraudulent possession, or unauthorized reproduction of Alexander Station parking permits is prohibited and may result in the immediate loss of parking privileges. 3. Number of Permits a. No more than two permits will be issued to any unit. Permits will identify both cars as eligible to park in the unit's single onsite parking space and an offsite parking agreement will be required for the second vehicle. Households with more than two vehicles are not eligible to rent at First Point I or II. Towing Procedures Vehicles may be towed any time at vehicle owner's expense if they are parked in a red zone, handicapped space (without valid placard or plate), fire lane, non -parking area, space assigned to other Tenant(s), or if they are blocking traffic flow on the premises. Vehicles parked in violation of the above terms or in violation of posted signage will also be towed at the vehicle owner's expense. Landlord assumes no liability for condition of vehicle in the event it is towed. Off -site Parking Tenants of First Point I or II are prohibited from parking at nearby private property or city property unless permitted by such owner/city. If your vehicle is parked without authorization in these areas and reported to Management (and verified by Management), a Lease Violation will be issued. Repeated lease violations without satisfactory correction will be grounds for eviction. Tenants and their guests are also expected to comply with all pertinent laws regarding public parking on the streets surrounding First Point I and II. Any tenant household with a second vehicle will be required to provide satisfactory evidence to Management upon request and at least annually of appropriate offsite parking arrangements. Every adult tenant must read and sign the Tenant Parking and Eviction Advisory Form. Page 16 of 16 60A-114 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: CONSIDER AN APPROPRIATION ADJUSTMENT TO APPROPRIATE $399,606 OF NEW GENERAL FUND MONEY FROM UNCLAIMED DEPOSITS (STRATEGIC PLAN NO. 4,1) l CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an Appropriation Adjustment of $399,606, to appropriate newly recognized General Fund money in the service program(s) and amounts selected by City Council. DISCUSSION On July 2, 2019, the City Council approved the recognition of $399,606 of General Fund revenue from unclaimed deposits. City Council directed staff to return with an appropriation adjustment to spend the new revenue in FY19-20. One suggestion was to add budget for Youth Services. During the City Council's budget discussions in May and June 2019, Councilmembers indicated a desire to provide more funding for a variety of programs. To facilitate flexibility for the City Council's spending plan, staff offers the following programs for consideration of additional funding: 1. Quality of Life (QOLT) Services (Community Development Homeless Services 01118811- 62300); 2. New Hope Library preparation for grand re -opening (Library 01111150-62300); 3. Youth Educational Services (Recreation & Community Services Youth Programs 01113203-62300);and/or 4. Code Enforcement (Planning & Building Community Preservation 01116540-62300). As an alternative action, the City Council could direct the Economic Development Infrastructure Budget Technology (EDIBT) subcommittee to develop recommendations for appropriating the $399,606 at its August 12, 2019 meeting. 65A-1 Appropriation Adjustment to Spend $399,606 of New General Fund Money July 16, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Depending on the program(s) selected, approval of the appropriation may assist with one or more of the following goals: Goal #2, Objective 2 — Expand Youth Programming; Goal #4, Objective 1 — Maintain a stable, efficient and transparent financial environment; and/or • Goal #5, Objective 4 — Support neighborhood vitality and livability. FISCAL IMPACT Recognition of the General Fund revenue from unclaimed deposits on July 2, 2019 increased the estimated General Fund balance. Approving an Appropriation Adjustment to spend the newly recognized revenue will reduce the estimated General Fund balance, resulting in an overall net fiscal impact of zero. Staff will record the appropriations selected by City Council in the accounts(s) noted above, as applicable. Lt�� " Ka h n Down , CPA Executive Director Finance and Management Services Agency 65A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: PUBLIC HEARING — APPROVE ORDINANCE AMENDMENT NO.2019-01 TO AMEND CERTAIN SECTIONS OF CHAPTERS 18, 21, AND 40 OF THE SANTA ANA MUNICIPAL CODE ALLOWING VERTICAL AND HORIZONTAL INTEGRATION OF CANNABIS BUSINESSES; UPDATING OWNERSHIP TRANSFERS PROCEDURAL STANDARDS AND REQUIREMENTS, SECURITY DEPOSITS, AND VARIOUS ADMINISTRATIVE PROCESSES; UPDATING AND STREAMLINING REGULATORY COMPONENTS; REDUCING CANNABIS TESTING TAXES TO TWO PERCENT OF GROSS RECEIPTS; AND ADOPTING A CANOPY MEASUREMENT AND SQUARE FOOTAGE ALLOCATION SERVICE FEE (STRATEGIC PLAN NOS. 3, 2; 3, 3; 3, 5; 4, 3) I'll CITNrMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance allowing vertical integration of certain commercial cannabis businesses; updating operational and procedural standards for implementing the City's medicinal and commercial cannabis ordinances, decrease security deposit amount requirements, compute square footage cannabis taxes based on allocation of gross square footage usage; and reducing the commercial cannabis testing laboratory tax from five (5) to two (2) percent. 2. Adopt an ordinance amending various sections of Chapters 18 and 40 of the Santa Ana Municipal Code addressing medicinal cannabis purchasing age, employee badge requirement, manufacturing permit requirements, and ordinance administration and implementation. 3. Adopt a resolution reducing the gross receipts tax on commercial cannabis testing laboratories from five (5) to two (2) percent. 4. Adopt a resolution implementing a canopy measurement service fee and an allocated square footage measurement service fee to cover the City's cost in independently verifying the allocation of square footage usage by commercial cannabis businesses. 75A-1 Ordinance Amendment No. 2019-01 — Commercial Cannabis Ordinance Updates July 16, 2019 Page 2 BACKGROUND The City of Santa Ana permits a variety of types of cannabis business activity, which include retail sales of medicinal and adult -use cannabis and cannabis cultivation, distribution, manufacturing, and testing. These cannabis business activities were permitted through adoption of multiple ordinances beginning with Measure BB (Ordinance NS-2684) in November 2014 ending with Ordinance NS-2944 in May 2018. In November 2018, Santa Ana voters approved Measure Y (Ordinance NS-2962), which established commercial cannabis business license taxes for adult -use cannabis retail sales, cannabis cultivation, distribution, manufacturing, and testing. Medicinal cannabis retail sales taxes were not modified by Measure Y and continue to be subject to taxes pursuant to Measure BB. Multiple changes to State cannabis laws and changes in market demands prompted the City to revisit its ordinances and tax collection to ensure that Santa Ana maintains its competitive position in the region, remain compliant with applicable State laws, and streamline its implementation of cannabis taxation. When added to Santa Ana's local cannabis taxes, the State's assessments on cannabis goods, which include sales tax, excise cannabis tax, and cultivation tax, result in legally -operating and permitted commercial cannabis businesses having to confront a combined state and local tax rate exceeding 50 percent of the retail sale value of their cannabis goods. This 50-percent rate discourages businesses from seeking the required permits to operate legally and in tandem with a cumbersome and rapidly -changing regulatory framework that can foster a continued illicit cannabis market, which is to the detriment of Santa Ana's permitted operators. DESCRIPTION AND BACKGROUND Table 1 (Proposed Amendments to Chapter 21) describes the finance -related ordinance amendments. Additional details are provided in the subsections that follow. Table 1: Proposed Financial Amendments Item Impact Vertical and Horizontal Amendment: Integration (SAMC Sections 21-131.2 and 21- Allow vertical and horizontal integration of business structures for 142) businesses engaging in multiple types of commercial cannabis business activity. Includes allowance for vertical and horizontal integration of commercial cannabis business activities involving both medicinal and nonmedicinal cannabis retail businesses. Impacts: • Incentivizes cannabis businesses to expand operations within the City and encourages new businesses to enter the Santa Ana marketplace. • Allows for the deduction of intra-party sales and/or transfers of cannabis and cannabis products occurring within a single integrated cannabis business from reportable gross receipts of cannabis businesses. 75A-2 Ordinance Amendment No. 2019-01 — Commercial Cannabis Ordinance Updates July 16, 2019 Page 3 Table 1: Proposed Financial Amendments Item Impact • Reduces the net negative effect of multi -level taxation. Security Deposits (SAMC Amendment: Section 21-80, 21-80.1, 21- 86, and 21-136) Amends Ordinance NS-2962 to allow a single security deposit to cover multiple types of vertically/ horizontally integrated commercial cannabis business activities conducted by the same ownership regardless of form of business structure. Impacts: • Reduces overall security deposit requirement to a maximum amount of $10,000. • Allows two or more vertically/horizontally integrated cannabis businesses to be covered by a single deposit. • Implements well-defined processes for handling deposits, their application, replenishment, and release as well as requirements for close-out audits and other guards against loss of taxes due to transfer of ownership or termination of business. Alternate Square Footage Amendment: Tax (SAMC Section 21-133) Amends Ordinance NS-2962 to allow certain vertically and/or horizontally integrated commercial cannabis businesses to base their alternate square footage tax calculations on measured allocated gross square feet rather than total gross square feet. Impact: • Allows distribution and manufacturing cannabis businesses that are vertically or horizontally integrated to report actual allocated square footage utilized upon verification by the City in place total square footage of premises. Testing Laboratories Amendment: Reduce Tax Rate from 5 to 2 Percent Amends Ordinance NS-2962 to reduce the gross receipts tax rate on testing laboratories and testing facilities. Impact: • Allows the City to maintain its competitive position with regards to cannabis testing which is the most mobile and easily re -locatable class of commercial cannabis business. 75A-3 Ordinance Amendment No. 2019-01 — Commercial Cannabis Ordinance Updates July 16, 2019 Page 4 Financial Amendments (Chapter 21) Vertical and Horizontal Cannabis Business Integration Santa Ana voters approved Measure Y in November 2018, which established various tax rates for legally -operating and permitted commercial cannabis businesses in the City. In tandem with preparation of the measure, City officials met with cannabis industry representatives to discuss vertical and horizontal integration, security deposits and substitution of allocated gross square footage vs. total square footage for certain types of commercial cannabis businesses. Subsequently, City staff met with cannabis industry representatives and reviewed proposed changes to Measure Y in order to address the new tax confronting cannabis businesses and to incentivize legal operators throughout Santa Ana. The City's current regulatory ordinances permit co -location of multiple commercial cannabis business activities on the same site along with medicinal cannabis retail activity; the proposed revisions to Chapter 21 will ensure that these co -located business activities are vertically and/or horizontally integrated under the business license code as well. With regard to the concept of vertical/horizontal integration which relates to the City's recognition that state law, by requiring separate licensure for certain separate aspects of commercial cannabis business (cultivation, distribution, manufacturing, and retail sales), consciously adopts a horizontally integrated regulatory scheme as opposed to a vertically integrated scheme adopted in other states. Other states that utilize horizontal integration for regulatory purposes and prohibit vertical integration at the regulatory level include Illinois and Washington. While horizontal integration carries with it certain benefits in terms of maintaining a more open, participatory, and business -friendly marketplace at the state level, it also results in a single integrated cannabis business being subject to multiple state and local tax assessments. The state assessments - sales tax, excise cannabis tax, and cultivation tax - when added to local taxes, such as Santa Ana's, mean that a single integrated cannabis business could face a combined state and local tax rate exceeding 50 percent of the retail sale value of their cannabis goods. Vertical/horizontal integration of these separately licensed business activities at the local tax level allows a single integrated business to effectively pay their gross receipts tax assessment once, at the final point of retail sale (which is still at the highest rate of 8 percent for adult -use and 6 percent for medicinal cannabis). In this model, interparty sales and transfers of goods between component parts of a vertically/horizontally integrated cannabis business supply chain, sharing 80 percent underlying ownership, without reference to form of business structure, are allowed to be deducted from each individual integrated cannabis business' gross receipts tax assessment at each point in the supply chain. This would leave only their third -party sales and/or their minimum square footage tax, whichever is greater, to be reported and paid. 75A-4 Ordinance Amendment No. 2019-01 — Commercial Cannabis Ordinance Updates July 16, 2019 Page 5 Security Deposits Concerning security deposits, it was determined that nominal security deposit language setting a minimum security deposit amount of $10,000 or the average of one month's remittable commercial cannabis tax, whichever was greater, would be included in the final text of Measure Y. This was done with an understanding that the City would be open via a subsequent ordinance, as provided under the terms of Measure Y, to reducing and capping the amount of security deposits for commercial cannabis businesses to $10,000 or one month's average remittable commercial cannabis tax, whichever is least. Also, it would permit two or more vertically/horizontally integrated cannabis businesses to be covered by a single deposit, provided that: clear detailed procedural language be added surrounding security deposits, their maintenance, application, replenishment and refunding and that similarly detailed language be added concerning sales, assignments, transfers and terminations of cannabis businesses to ensure the City is secure in its continued receipt of cannabis business license tax revenues. Allocated Gross Square Footage In the case of integrated distribution and/or manufacturing cannabis businesses, the minimum gross square footage tax reported would reflect the allocated square footage actually utilized by the business as verified by the City, rather than the maximum square footage of the premises. The gross square footage tax on cultivation would continue to be based on canopy size as reported to the state and as verified by the City. The gross square footage tax for adult -use retail businesses would continue to be based on the maximum size of the premises. Gross Receipts Tax Rate Reduction for Cannabis Testing Laboratories Local jurisdiction tax rates on commercial cannabis testing laboratories vary across the state. When the City's commercial cannabis testing laboratory ordinance was adopted in March 2018, testing laboratory tax rates ranged from 2 to 10 percent in various jurisdictions statewide. The City currently collects a tax of 5 percent of gross receipts or $1.50 per gross square foot, whichever is the greater of the two calculations. Nearby, the City of Costa Mesa collects 6 percent; Long Beach collects 6 percent, with the option to increase to 8 percent; Bellflower collects 5 percent, (with multiple 2.5 percent annual increases scheduled beginning July 1, 2020 until a 10 percent cap is reached) and Irvine collects no taxes. It is important to note that beginning in 2015 the City of Irvine ceased collecting a business license tax for any type of business in the City. Cannabis testing laboratories play a crucial role in ensuring product safety for medicinal and adult -use consumers. Testing laboratories examine products for pesticides, minerals, potency, and toxicity. These facilities employ highly -skilled and educated individuals and require purchasing and installation of costly equipment. Although the City's current 5 percent tax rate is consistent with other local jurisdictions with the exception of Irvine, the City has a continuing interest in promoting safe medicinal and nonmedicinal cannabis and cannabis products for all users and to ensure the sustained growth of the regulated medicinal and commercial cannabis business hub in Santa Ana. Reducing the cannabis testing laboratory gross receipts rate from 5 75A-5 Ordinance Amendment No. 2019-01 — Commercial Cannabis Ordinance Updates July 16, 2019 Page 6 to 2 percent will maintain Santa Ana's overall competitive edge in the medicinal and commercial cannabis industries by promoting a healthy mix of business types, employment opportunities, and equipment investment in Santa Ana's industrial areas. Positive Impacts of Code Amendments There are multiple commercial cannabis business start-ups pending with the Planning and Building Agency that would benefit from vertical and horizontal integration. For these businesses to move forward with their permitting and licensing processes, assurance that the City will provide local tax treatment based on principles of vertical and horizontal integration, that issues related to security deposits and gross square footage assessment will be addressed, and that the ordinance is being routinely examined to identify areas for streamlining and modernization will provide a stronger foundation for success in the City. The medicinal and commercial cannabis ordinance updates recommended by staff provide this assurance and will serve to "jump-start" commercial cannabis business activity in the City, while at the same time accomplishing all other objectives of the City in securing reliable and continuing receipt of resulting cannabis revenues. Regulatory Amendments (Chapters 18 and 40) In addition to the proposed changes listed in Table 1, the City is proposing to update and streamline certain sections of Chapter 18 (Medicinal Marijuana) and Chapter 40 (Commercial Cannabis Business Activities Other Than Medicinal Marijuana). Table 2 (Proposed Amendments to Chapters 18 and 40) describes the regulatory -framework ordinance amendments. Table 2: Proposed Regulatory Amendments Item Amendment and Impact Medicinal Cannabis Amendment: Purchasing Age (SAMC Section 18-613) Amends Chapter 18 to address minimum purchasing age for medicinal cannabis products. Impacts: • Establishes consistency with State cannabis retail laws. • Retains adult -use retail sales' minimum purchasing age at 21, which is also consistent with State cannabis retail laws. Employee Badges (SAMC Amendment: Sections 18-613 and 40-8) Amends Chapters 18 and 40 addressing production of required employee badge requirements. 75A-6 Ordinance Amendment No. 2019-01 — Commercial Cannabis Ordinance Updates July 16, 2019 Page 7 Table 2: Proposed Regulatory Amendments Item Amendment and impact Impacts: • Removes site -specific badge requirement for each employee. • Allows an employee that has an approved badge to work at multiple commercial cannabis businesses without the need for multiple badges. • Streamlines commercial cannabis business requests for new employees, volunteers, managers, and owners. Volatile and Non -Volatile Amendment: Manufacturing Requirements (SAMC Amends Chapter 40 to allow both non-volatile and volatile manufacturing Section 40-8) in the Light and Heavy Industrial zoning districts (M-1 and M-2) without a conditional use permit (CUP), subject to Building Code and Fire Code requirements. Impacts: • Addresses recent changes to State non-volatile (Type 6) and volatile (Type 7) manufacturing categories. • Allows a broader range of cannabis manufacturing activity types in both of the City's industrial zoning districts. • Streamlines the review process for Type 7 license applicants by eliminating the CUP requirement. • Maintains requirement that facilities be constructed subject to all life safety Building and Fire code requirements. Administration and Amendment: Implementation Amendments (SAMC Amends Chapter 40 to address State cannabis license type changes, Sections 18-617.5, 40-1, 40- allow microbusiness license for certain commercial cannabis businesses, 2, 40-5, 40-8, 40-9.1, and 40- address audits, and minor grammatical corrections. 10) Impacts: • Updates certain sections to be consistent with applicable State laws. • Creates internal consistency among Measure BB (Chapter 18), Chapter 21, and Chapter 40. • Amends operating agreement language to be consistent with Measure Y. • Streamlines audits and application procedures for non -retail commercial cannabis business applications. 75A-7 Ordinance Amendment No July 16, 2019 Page 8 2019-01 — Commercial Cannabis Ordinance Updates Medicinal Cannabis Purchasing Age SAMC Section 18-613 (1) restricts access to medicinal cannabis to those aged 21 and older unless accompanied by a primary caregiver, physician, parent, or documented legal guardian. Amending this restriction to allow individuals age 18 and older to access medicinal cannabis will ensure consistency with Proposition 64, which was approved by California voters in November 2016, and will assist with ensuring the long-term viability of medicinal cannabis sales. Adult -use (recreational) cannabis sales will remain restricted to those aged 21 and older. Badges SAMC Sections 18-613 (k) and 40-8 (3) (o) require all agents, private security officers or other persons acting for or employed by a commercial cannabis business to display a laminated identification badge. Moreover, the State of California requires that all commercial cannabis businesses produce badges, subject to inspection by the State. As written, the ordinances indicate that the badges are issued by the business, but the City has produced the badges for all commercial cannabis businesses. The amendment would reinforce that the badges are produced and issued by City of Santa Ana. The amendment would also allow an individual who has previously had a background check performed through the Live Scan process to work at an additional commercial cannabis business without having to order a new Live Scan. The amendment would streamline staff procedures and reduce staff time required to produce badges, and would create flexibility within the cannabis industry to hire individuals who have already been background checked. Non -Volatile and Volatile Manufacturing Requirements Immediately following the passage of Proposition 64, the State created two commercial cannabis manufacturing categories: non-volatile (Type 6 license) and volatile (Type 7 license). Since the two categories were established, the list of chemicals considered "volatile" has been reduced as changes to Fire and Building safety policies have been adopted across local jurisdictions, including the Orange County Fire Authority (OCFA). Existing Fire and Building safety policies for other industrial activities of a similar nature that are already allowed in the industrial zoning districts will be applied to non-volatile and volatile cannabis manufacturing activities. Eliminating the non-volatile and volatile manufacturing distinctions in Santa Ana's local ordinance will also help the City retain its competitive edge by aligning the ordinance with State requirements, and will ensure that all commercial cannabis manufacturing businesses comply with up-to-date Building Code and OCFA policies, as updated and adopted from time to time. Administration and Implementation Amendments Various updates to the City's commercial cannabis ordinances in Chapters 18 and 40 of the SAMC are required to keep pace with changes to State law, create internal consistency, and ensure that Santa Ana maintain its competitive position in the statewide commercial cannabis industry. These amendments will: 75A-8 Ordinance Amendment No. 2019-01 — Commercial Cannabis Ordinance Updates July 16, 2019 Page 9 • Clarify that a single Operating Agreement is required for co -located businesses, per location; • Allow the microbusiness license types for certain businesses, enabling business owners to consolidate payments on State -issued license fees; • Streamline the application process for commercial cannabis business applicants and maintain consistency between Chapters 18 and 40 by requiring background checks (live scans) to take place during the Phase 2 (Regulatory Safety Permit) process; and • Address closeout audits and fix minor grammar and syntactical errors to ensure consistent interpretation, administration, and implementation of the City's commercial cannabis ordinances. The proposed amendments in Tables 1 and 2 have been vetted by the City's interagency commercial cannabis team, which includes representatives from the Planning and Building Agency (Planning and Code Enforcement divisions), the Police Department, the Finance and Management Services Agency, the Community Development Agency (Economic Development), and the City Attorney's Office. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. In accordance with the California Environmental Quality Act (CEQA), the subject actions are exempt from further review pursuant to Section 15061(b)(3) of the CEQA Guidelines. STRATEGIC PLAN ALIGNMENT & PUBLIC OUTREACH Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective #3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). Approval of this item also supports the City's efforts to meet Goal #4 - City Financial Stability; Objective #3 (achieve a structurally balanced budget with appropriate reserve levels). Public Outreach The City notified interested parties to ensure they are aware of and have access to the latest efforts to the proposed amendments. Interested parties include all current/operating and pending commercial cannabis businesses, those who have expressed interest in submitting applications, and the Santa Ana Cannabis Association (SACA). 75A-9 Ordinance Amendment No. 2019-01 — Commercial Cannabis Ordinance Updates July 16, 2019 Page 10 FISCAL IMPACT There is no fiscal impact associated with approval of this action as projected revenues are incorporated within the City's 2019-20 budget. Failure to adopt the above recommended action items, however, would have a negative impact as a significant portion of the commercial cannabis applicants awaiting adoption of those recommended items before committing to entering the approval, permitting, and licensing process will defer or cancel their decision to enter the Santa Ana market and anticipated revenues will not be realized. Minh Thai Executive Director Planning and Building Agency /z4� Kathryn Dow s Executive Director Finance and Management Services Agency AP:Ia S:RFCA\07-16-19\Commercial Cannabis Ord UpdateslRFCA OA No 2019-01 cannabis chs 18 21 and 40 amendments 07162019 Exhibits: 1. Ordinance — Amending certain sections of Chapter 21 (Finance) 2. Ordinance —Amending certain sections of Chapters 18 and 40 (Regulatory) 3. Resolution — Reducing the Commercial Cannabis Gross Receipts Tax for testing laboratories from 5 percent to 2 percent 4. Resolution — Establishing a Canopy Measurement service fee and an Allocated Square Footage Measurement service fee WH:AP 75A-10 EXHIBIT 1 EXHIBIT 1 LS 6.4.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLES XIII, XII, AND VII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OWNERSHIP TRANSFERS, CLOSE OUT AUDIT PROCEDURES (SECTIONS 21-131.1 AND 21-141); VERTICAL INTEGRATION (SECTIONS 21-131.2 AND 21- 142); REDUCTION IN THE GROSS RECEIPTS TAX RATE FOR CANNABIS TESTING FACILITIES, DEDUCTIBILITY OF INTERPARTY SALES AND TRANSFERS OF GOODS, CLARIFICATION OF SQUARE FOOTAGE TAX MEASUREMENT REQUIREMENTS (SECTION 21-133); AND REDUCTION OF SECURITY DEPOSIT AMOUNTS AND ESTABLISHMENT OF RELATED PROCEDURAL REQUIREMENTS (SECTIONS 21-80, 21-80.1, 21-86 AND 21-136) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in Chapters 18 and 21 of the Santa Ana Municipal Code. Such regulations govern medicinal marijuana and the retail sale thereof. B. In 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana Regulation and Safety Act further amended in 2016 as the Medical Cannabis Regulation and Safety Act which established regulations and a state licensing system for medical cannabis cultivation, manufacturing, delivery, and dispensing. 1 75A-11 C. In November 2016, the voters of the State of California approved Proposition 64, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act. D. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act. E. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. F. Since November 2014, the City of Santa Ana has permitted the retail sale of cannabis for medicinal purposes and since January 2018 for adult -use purposes. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories. G. On April 17, 2018, the City Council adopted Ordinance NS-2944 allowing and regulating commercial cannabis cultivation, distribution, and manufacturing activities. H. On November 6, 2018, the voters of the City of Santa Ana approved Measure Y (Ordinance NS-2962), establishing a tax on commercial cannabis business activities except medicinal cannabis retail sales, which continue to be subject to taxes under Measure BB. I. The State of California continues to update its regulations on commercial cannabis business licensing, resulting in the need for local jurisdictions to update and amend local commercial cannabis ordinances from time to time. J. The City Council of the City of Santa Ana intends that nothing in this Article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law. K. The City of Santa Ana has a compelling interest in ensuring that cannabis is not cultivated, manufactured or distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these uses may operate, and in providing access of cannabis to residents. L. The City Council held a duly noticed public hearing on July 16, 2019 in connection with consideration and adoption of this ordinance. 2 75A-12 Section 2. This ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to: Article IX, Section 7 of the California Constitution, the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program (California Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act (AB 266, AB 243, and SB 643), the Adult Use of Marijuana Act (Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act (SB 94). Section 3. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 4. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 5. Section 21-131.1, Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby added to read in full as follows: Sec. 21-131.1. Sale, assignment, transfer, or termination of business; marijuana collective/cooperative (medicinal cannabis retail business) owner/operator's duty to notify; remitting and reporting requirements; closeout audit: successor's duty to notify: successor's and transferor's joint and several liability; certificate of nonliability. (a) Owner/Operator's duty to notify, who is terminating their business shall notify the collector in writing of such termination at least ninety (90) days in advance of the date of termination of business. If the decision to terminate business is made within less than a ninety (90) day period prior to the date of termination, the owner/oaerator shall then immediately notify the collector of said decision and the date of termination of business. 3 75A-13 Sale, assignment, or transfer of business. A medicinal cannabis retail assignee, transferee, or other successor in interest (hereinafter collectively referred to as successor) unless the decision to sell, assign, or otherwise transfer their business was made within less than a ninety (90) day period prior to the sale, assignment, or transfer, in which case the transferor shall then immediately notify the successor of the successor's responsibility for unpaid business license taxes, including penalties, interest, charges, fees, or costs (hereinafter collectively referred to as business license tax liabilities) for the period prior to the sale, assignment, or transfer as set forth in subsections (d) and (e) below, and shall further certify in writing to the collector that the successor was notified of the requirements of this Article regarding their responsibility for unpaid business license tax liabilities. (b) Remitting and reporting requirements. Each medicinal cannabis retail business owner/operator upon the sale, assignment, or other transfer, or termination of business for any reason shall, on or before the last day of the month following the sale, assignment, transfer, or termination of business, file a final return to the collector on City approved forms, of the total gross receipts received, adjustments to gross receipts, the amount of business license tax collected for the reporting period, remittances made, if any, and the balance of the business license tax due, if any, shall be remitted to the collector. (c) Closeout audit. After filing the final return and remitting the balance due, the medicinal cannabis retail business owner/operator shall make its records of account available for a closeout audit by the collector, his or her revenue officers, or duly authorized employees or agents of the City. The decision to perform a closeout audit shall be made solely at the discretion of the collector. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning, or otherwise transferring, or terminating their business is found to have satisfied all business license tax liabilities, the collector shall issue to such business owner/operator a certificate of nonliability. If, upon closeout audit, or by means of other information available to them, the collector determines that the owner/operator selling, assigning or otherwise transferring, or terminating their business is deficient in either their return or remittance, or both, the collector shall immediately notify such owner/operator of the amount of the net deficiency, plus applicable penalties, interest, charges, fees, or costs. Upon such owner's/operator's remittance of all business license tax liabilities owing, the collector shall issue a certificate of nonliability. 75A-14 (d) Successor's duty to notify. If a medicinal cannabis retail business owner/operator decides to sell, assign, or otherwise transfer their business, their successor shall notify the collector of the date of the sale, assignment, or other transfer at least ninety (90) days before the date of the sale, assignment, or transfer. It shall be the duty of the successor to obtain written verification from the collector's office that the transferor does not have or is not liable for any outstanding business license taxes liabilities. After the successor seeks written verification from the collector's office, if the collector notifies the successor that the transferor has or is liable for any outstanding amount of business license tax liabilities, the successor shall withhold an amount equal to such outstanding business license tax liabilities until the transferor produces a certificate of nonliability stating the nonliability of the assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. If the decision to sell, assign, or otherwise transfer was made within less than a ninety (90) day period prior to the date of the sale, assignment, or other transfer, the successor shall notify the collector of the sale, assignment, or transfer immediately and shall withhold an amount equal to the sum of the transferor's last three (3) months' of reported and remitted business license taxes until the present a certificate of nonliability within ninety (90) days after such sale, assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. (e) Joint and several liability. If the successor fails to withhold the applicable amount required under subsection (d) they shall become jointly and severally liable along with the transferor for the payment of the full amount of the transferor's business license tax liabilities and shall likewise become jointly and severally liable along with the transferor for future penalties and/or interest charges as may be applicable as set forth in sections 21-83, 21-84, and 21-85 until all business license tax liabilities are satisfied. (f) Certificate of nonliability. Upon application of a medicinal cannabis retail business operator/owner who is terminating their business, or a transferor, or a successor, transferor's, or successor's business license tax liabilities have been satisfied. If any business license tax liabilities remain outstanding, or if additional business license tax liabilities have accrued subsequent to the date of application, the collector shall give notice to the operator/owner, transferor, or successor of the applicable amount which must be fully paid as a condition of issuing their respective certificate of nonliability. Where a transferor's business license tax liabilities have been partially or wholly paid by their successor to the collector 75A-15 pursuant to subsection (e) or partially or wholly satisfied by their successor's action written consent of their successor. Section 6. Section 21-131.2 of Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby added to read in full as follows: Sec. 21-131.2 Vertical and horizontal integration of marijuana collective/cooperative licensees (medicinal cannabis retail businesses) —Defined. The terms vertical integration and horizontal integration as used in this Article shall have the following meanings: Vertical integration shall refer to cannabis businesses operating at different points in the same supply chain from cultivation to retail sales, as long as they share at least 80% underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. Horizontal integration shall refer to cannabis businesses operating at the same point in the same supply chain, as long as they share at least 80% underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. For purposes of this Article the term "cannabis businesses" shall include marijuana collectives/cooperatives as defined in section 18-611 and commercial cannabis businesses as defined in section 40-2, but shall not include commercial cannabis businesses engaged in testing facilities or testing laboratory businesses. Section 7. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-133. Commercial cannabis businesses —Annual business license tax assessment. Every person engaged in a "commercial cannabis business" or "commercial cannabis activity" shall pay an annual business license tax as outlined below. This Article shall not apply, except with respect to medical marijuana cooperatives/collectives (also referred to as medicinal cannabis retail businesses h„s,..ess r..e..se t;;x ,,..a A'44 R vu f this Chapter, which are vertically and/or horizontally integrated with commercial cannabis businesses, to medical marijuana cooperatives/collectives which are governed by Article XII of this Chapter, or to personal cultivation as defined in section 18-611(n) of this Code. (a) For each branch establishment or separate property location of a commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location, the higher of the two (2) following tax rates shall be due to the City for each monthly reporting period: 75A-16 (1) Up to ten percent (10%) of each dollar of gross receipts received or generated for each monthly reporting period. (2) Up to $35.00 per square foot (annual tax rate) prorated monthly to one - twelfth (1/12th) of the annual tax rate amount. (b) These tax rates shall not be adjusted for inflation pursuant to section 21-121 of this Chapter. (c) Notwithstanding the tax rates imposed herein under subsection (a), the City Council may, in its discretion, at any time by resolution, implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum rates established by subsection (a). (d) As of the operative date of this Article, the business license gross receipts tax rates and square footage tax rates application to specific commercial cannabis business activities shall be established as follows: Commercial Cannabis Business Activity Gross Receipts Tax Rate Gross Square Footage Tax Rate Adult -use Cannabis Retail Business (including Delivery) 8% $ 25.00 Cultivation 6% $ 10.00 Distribution 6% $ 4.00 Manufacturing 6% $ 10.00 Testing Facility or Testing Laboratory (effective December 21, 2018 through June 30, 20191 5% $ 1.50 Testing Facility or Testing Laboratory (effective beginning 2% $ 1.50 July 1, 2019) Commercial cannabis businesses not having a fixed place of business within the city but conducting regular, non -incidental commercial cannabis business activities within the city shall be subject to the gross receipts tax rate(s) as set out in the table above based on the category/categories of commercial cannabis activity conducted. However, such out-of-town commercial cannabis businesses shall not be subject to any gross square footage tax rate(s). (e) As part of the annual gross receipts/square footage tax(es) imposed by this Article, each commercial cannabis business located within the city shall pay a minimum 75A-17 basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location. Commercial cannabis businesses having no fixed place of business within the city shall be exempted from this requirement. (f) In the event the City should in the future permit additional categories of commercial cannabis business activity, as may from time to time be licensed by the State of California, such categories of commercial cannabis activates shall be subject to the same maximum tax rates as imposed herein. The City may by ordinance of the City Council initially set the required gross receipts/gross square footage tax rates based on category of cannabis business activity at lesser rates as may be deemed appropriate by the City Council. (g) For purposes of this Article, a commercial cannabis business is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49 of this Chapter. (h) For purposes of this Article any person claiming an exemption from the gross receipts tax rate component of the combined gross receipts/square footage tax imposed under this Article on the basis of a claim of being a qualified "nonprofit organization" shall have the burden of substantiating their claim to the same extent and in the same manner as a marijuana collective/cooperative in accordance with section 21-127(a)(6) of this Chapter. (i) Cannabis businesses shall not pass the taxes imposed by this Article through to an adult -use cannabis retail business customer or commercial cannabis business customer in any fashion except as part of the basic product sales and/or service price. Q) Definitions. For purposes of this Article, the following terms have the following meanings: (1) "Adult -Use cannabis retail business" as defined in section 40-2(4) of this Code. (2) "Commercial Cannabis Activity" as defined in section 40-2(9) of this Code. (3) "Commercial cannabis business' as defined in section 40-2(10) of this Code excluding medical marijuana collectives/cooperatives also referred to as medicinal cannabis retail sales. (4) "Cultivation" as defined in section 40-2(11) of this Code. (5) "Delivery" as defined in section 40-2(13) of this Code. a 75A-18 (6) "Distribution" as defined in section 40-2(16) of this Code. (7) "Gross receipts" — section 21-3 of this Chapter notwithstanding, "gross receipts" for the purposes of this Article shall mean: (A) Transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for cannabis, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation, manufacturing, distribution, testing, or provision of cannabis or any transaction related thereto. (B) Anything else of value obtained by an a cannabis business; (C) The total amount of the sale price of all sales and services; (D) The total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise (whether at wholesale or retail), for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature; (E) Any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included; (F) The amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof P.Ad ,.ghether er ^et the Amn nt of c„^h tax is stated ^ eparote ^herge• , (G) The amount of any California state cannabis excise tax or state cannabis cultivation tax regardless of whether er net the amn, int M included in the price of the product Ar state,, to nustemeFs as a sepaFate ^harge• (H) "Gross receipts" shall not include the following: i. The amount of any federal tax imposed on or with respect to retail or wholesale sales or the sale of services whether DI 75A-19 imposed upon the cannabis business or the consumer whenever the amount of federal tax is authorized by law to be stated and passed through to customers as a separate charge. ii. Any California state, county, or city sales or use tax, including any add -on, district, or transaction and use tax, required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale; or iii. The amount of the sale price of business personal property (all property owned or leased by a cannabis business operator used in the operation cannabis business activities, including but not limited to: furniture, fixtures, and business equipment); real property, including land, buildings and other improvements. iv. The amount of equity contributions, investments, and/or loan proceeds to cannabis business' operation, and/or proceeds from the sale or transfer of cannabis business' retail or commercial cannabis business. v. The amount of interparty sales and/or transfers of goods within a single vertically and/or horizontally integrated cannabis business, where the sales or transfers goods are between two or more commercial cannabis business licensees (excluding testing facilities or testing laboratories), or one or more said commercial cannabis business licensee(s) and one or more medicinal cannabis retail business licensee(s), as set forth in accordance with section 21-131.2 and/or section 21-142. "Gross receipts" shall be calculated without any deduction on account of any of the following: i. The cost of tangible or intangible property sold or bartered; ii. The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; iii. The cost of transportation of cannabis, or other property or product; iv. The amount of any federal or state income or franchise taxes; and 10 75A-20 v. Any other business costs or expenses, unless otherwise specifically exempted. (88) "Retail ti defined iR seGt•e nn 2i40of this Cede."Gross Square foot' or "gross square footage" for the purposes of this Article shall mean: (A) In the case of commercial cannabis businesses licensed by the state to engage in an adult -use cannabis retail business, the gross number of square feet comprising the adult -use cannabis retail property location as confirmed by the corresponding "approved building set' or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated, whether such adult -use cannabis retail business is part of an on -site vertically or horizontally integrated cannabis business or not. (B) In the case of commercial cannabis businesses licensed by the state to engage in cultivation, the aggregate number of square feet comprising all areas of the premises under "canopy', whether such sum is greater or lesser than the gross square footage as stated in the "approved building set' or "approved certificate of occupancy". and whether such commercial cannabis cultivation business is part of an on -site vertically integrated cannabis business or not. "Canopy" shall mean the designated area(s) of a premise that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous, but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which includes interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Canopy shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent canopy measurement and 11 75A-21 calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's canopy is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then a canopy measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (C) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and that are not vertically or horizontally integrated with another cannabis business occupying the same premises, the gross number of square feet as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated. (£WD) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and occupying the same premises with another cannabis business with which they are vertically or horizontally integrated, the gross number of square feet allocated by the commercial cannabis business owner/operator respectively for either distribution use or for manufacturing use, whether the combined sum of all vertically or horizontally integrated uses is less than, equal to, or greater than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy". The number of square feet allocated ("Allocated Square Footage") shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent allocated square footage measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's allocated square footage is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then an Allocated Square Footage 12 75A-22 measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (E) In the case of commercial cannabis businesses licensed by the state to engage in testing facilities or testing laboratory businesses, the gross number of square feet comprising such commercial cannabis business' property location as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater. (�4M "Manufacturing" as defined in section 40-2(22) of this Code. g9 1LOj. "Retail businesses" as defined in section 40-2(40) of this Code (11) "Testing Facility" or "Testing Laboratory" as defined in section 40-2(44) of this Code. (12) "Wholesale" as defined in section 40-(46) of this Code. (k) Modification, repeal or amendment. The City Council may repeal the ordinance codified in this Article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other Article of this Chapter and relate them to this Article, or amend any existing provisions of any Article of this Chapter as they may already relate to this Article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this Article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (1) Administration —Rules, regulations and guidelines. In order to aid in the city's collection of taxes due under this Article and to ensure that all commercial cannabis businesses are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this Article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this Article in any manner not inconsistent with the intent of this Article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Article. 13 75A-23 (m) Occasional transactions —Exemptions. (1) The provisions of this Article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of commercial cannabis business at the request of a specific client or customer, incidental to a commercial cannabis business principally established elsewhere, provided that such person does not come into the city for the purpose of transacting such business on more than three (3) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting commercial cannabis business activities, the business license tax(es) payable by such person may be apportioned by the collector in accordance with this Chapter. (n) Reporting and remittance. (1) Beginning as set forth in subsection (r) below, and monthly thereafter, each commercial cannabis business required to pay a tax or taxes based on gross receipts under this Article (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts), shall report to the city any gross receipts received during the preceding monthly reporting period. In addition, each cannabis business (including qualified nonprofit organizations) required to pay a tax or taxes based on square footage shall report to the city the gross square footage of the cannabis business' property location. Every cannabis business shall then compute the business license taxes at both the gross receipts rate and the gross square footage rate - prorated monthly to one -twelfth (1/12th) of the annual tax rate amount - and shall then remit to the city the amount of the higher of the two tax calculations due and owing during said period in accordance with section 21-133, subsection (d). In the case of a qualified nonprofit organization only the gross square footage computation shall be made and the amount of such calculation shall represent the amount due and owing during said period. All reporting and remitting made shall be done in accordance with instructions from the collector and shall be made using forms provided or approved by the collector. (2) For purposes of this section, month shall mean calendar month and shall include any fraction of a month. Taxes shall begin to accrue on the date that a person or entity first receives a business license or other city permit to operate as a commercial cannabis business or upon the operative date of this Article should a person or entity already possess a 14 75A-24 commercial cannabis business license or other city permit to operate as a commercial cannabis business. (3) The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance with this section, shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31 st day of March of the following year. In the case of a new commercial cannabis business the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter (%) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (o) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this Article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Article and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Article. (p) Business license tax certificate —Required. There are imposed upon all persons engaged in transacting and carrying on any commercial cannabis business activity in the city taxes in the amounts prescribed in this Article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this Article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any commercial cannabis business activity without complying with all the provisions of this Article shall constitute a separate violation of this Chapter for each and every day that such commercial cannabis activity is so carried on. (q) Classification of business license assessment type —Term and renewal. The business license issued to commercial cannabis businesses shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) of this Chapter and shall be subject to renewal in accordance with sections 21-72(c), 21-73(c), and 21-77. (r) Operative date. Upon the approval by the majority of the voters of the city at the November 6, 2018 general election, the taxes imposed by this Article shall become operative and shall be applied by the collector upon all commercial cannabis businesses. 15 75A-25 if S ) Operative date of decreased gross receipts tax rate. The _gross receipts tax set initially at a rate of five (5%) percent for testing facilities or testing laboratories pursuant to subsection (d) above shall be decreased to a rate of two (2%) percent by resolution of the City Council rSanta Ana City Council Resolution No. XX-XXXI as hereinabove provided for in accordance with subsection (c), which reduced rate, under the terms of said City Council resolution, shall become retroactively effective July 1, 2019. Section 8. Section 21-136 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-136. Security for collection of commercial cannabis business' business license tax; requirement; extension of time; application; failure to post or restore —effect; jeopardy determination; refund or release; deposit adiustment— effect. (a) Requirement for Security Deposit. To ensure compliance with business license tax payment requirements established pursuant to this Article, the collector shall require, beginning on the operative date of this Article, that each commercial cannabis business owner/operator, (including but not limited to each purchaser, assignee, transferee, or other successor in interest (hereinafter collectively referred to as successor) of a commercial cannabis business subject to the business licensing requirements of this Article} deposit within 0nd'y'd al business''^e^68) one hundred and twenty (120) days following the last day of the month in which business was first commenced such security (per individual business license) in a form acceptable to the collector in an amount not larger than the commercial cannabis business owner's/operator's estimated average monthly business license tax liability as determined by the collector or the sum of ten thousand dollars ($10,000.00), whichever is the gFeatef least. Provided, however, in the event that two or more commercial cannabis business licensees sharing at least 80% underlying common ownership, regardless of form of business structure, are engaged in an integrated cannabis business (whether vertically or horizontally integrated) as defined in section 21-142, then a single consolidated deposit shall be made equal to the deposit amount owing for the integrated commercial cannabis activity having the highest individual business license tax liability. Each new city commercial cannabis business licensee shall upon obtaining their City business license(s) deposit a similar security as applicable per business license within thirty (30) days after commencing business. (b) Extension of Time. If, upon request and in the judgment of the collector, a determination of any commercial cannabis business' estimated average monthly tax liability for purposes of setting the amount of their required security deposit requires an extension of time beyond one hundred and twenty (120) days following W. 75A-26 the last day of the month in which business was first commenced, then the collector may issue a written notification to such commercial cannabis business granting such extension. u Application of Security Deposit. To recover past -due business license taxes, including penalties, interest, charges, fees or costs (hereinafter collectively referred to as business license tax liabilities) remittable by the depositor, the collector may apply the security deposited with the collector. At least fifteen (15) days prior to the application of a security deposit, the collector shall serve upon the depositing commercial cannabis business owner/operator notice of intent to apply the security deposit. Service of notice may be made by placing the notice in the United States mail, postage prepaid, addressed to the depositing commercial cannabis business owner/operator at their place of business or other mailing address of record. Any portion of the security remaining after satisfaction of outstanding business license tax liabilities and any expenses related to third -party administrative charges or fees relating to the liquidation and application of non - cash deposits may be retained by the collector for security or in the case of a closeout audit may be paid over by the collector to the depositing owner/operator. Except in the case of a closeout audit pursuant to section 21-141, in the event the collector applies the security deposit, or any portion of said deposit, as an offset against remittable business license tax liabilities and any expenses related to third - Party administrative charges or fees relating to the liquidation and application of non -cash deposits, the commercial cannabis business owner/operator shall be required within thirty (30) days of the collector's written demand therefor, to re deposit the full amount of the required security. In such event the amount of the required security shall be adiusted by the collector based on the average of the commercial cannabis business' actual monthly gross receipts tax returns and/or remittances as measured over the last three (3) valid monthly returns and/or remittances received by the collector or the sum of ten thousand dollars ($10,000), whichever is least, less any amount remaining on deposit with the collector. Service of demand shall be in the same manner as stated hereinabove for service of notice. (d) Failure to Post or Restore Security Deposit —effect. Failure by a commercial cannabis business licensee to initially post or restore a security deposit when required by the collector pursuant to this section shall be cause for suspension and/or revocation of such commercial cannabis business' existing Santa Ana Business License as set out in section 21-86 of this Chapter. Similarly, in the case of a vertically and/or horizontally integrated cannabis business, the business license(s) of the integrated commercial cannabis business(es) shall be likewise subject to suspension and/or revocation. 17 75A-27 (e) Jeopardy Determination. If the collector believes that the collection of any business license tax imposed by this Article will be jeopardized, in whole or in part by delay in the commercial cannabis business owner's/operator's timely remittance of the business license tax, the collector shall serve notice upon the person determined to be liable therefor of their determination of ieopardv and of the business license tax required to be paid to the City, and demand immediate Payment thereof, together with any interest and penalty determined to be due. The collector may consider all facts and circumstances relevant to determining whether the collection of any business license tax will be jeopardized by delay, including but not limited to indications that the person liable for the business license tax intends to take or is taking action to discontinue business activities in the City, dissipate or otherwise remove assets from the City, or sell, exchange, transfer, assign, or otherwise dispose of such person's business, personal or business income, or business property. The collector also may consider whether the person liable for the business license tax is or has been uncooperative or unresponsive in connection with any investigation, examination, audit, deficiency determination, assessment, or collection action or procedure undertaken by the collector. A ieopardv determination of business license tax, penalty, or interest, is immediately due and payable upon the service of the notice of ieopardv determination on the person determined to be liable therefor. Service of notice of a ieopardv determination shall be made by: (1) sending the notice initially by electronic mail to the depositing commercial cannabis business owner's/operator's electronic mail address of record as set out in the depositing commercial cannabis business owner's/operator's application for business license or most recent business license renewal affidavit or business license amendment statement: (2) placing the notice for delivery with an express carrier for next business day delivery, all delivery and tracking charges prepaid, addressed to the depositing commercial cannabis business owner/operator at their place of business: and/or (3) conspicuously posting said notice upon the premises of the commercial cannabis business. Service of notice of a ieopardv determination shall be deemed completed upon tracking confirmation of the delivery of said notice to the commercial cannabis business owner's/operator's place of business or on the date of the actual posting of said notice on the premises of the depositing commercial cannabis business owner/operator. Upon the business day next following the completion of service of notice of a ieopardv determination upon a depositing commercial cannabis business, the collector in his or her discretion may proceed with the application of the security deposit upon actual or estimated business license taxes due, including penalties, interest, charges, or service fees. (f) Refund or release of security deposit. In the case of the sale, assignment, or other transfer or termination of business by the depositor pursuant to section 21-141, the collector shall refund or release the security deposit amount required pursuant to this section, or in the event of prior application of the security deposit pursuant to R-] 75A-28 subsection (c), any unapplied amount of such security deposit, upon depositor's presentation to the collector of a certificate of nonliability stating the nonliability of the depositor for payment of business license taxes as hereunder provided in section 21-141(f). (q) Deposit adiustment—effect. In the case of a determination by the collector that the amount of a previously posted commercial cannabis business owner's/operator's security deposit exceeds the requirements of this section, then the collector shall adjust the amount of the required security deposit. If the prior security deposit was posted on a cash basis, then the collector shall refund the excess amount. If the prior security deposit was posted on a non -cash basis, then an adjusted cash basis security deposit or adjusted non -cash basis security deposit in a form acceptable to the collector may be posted in exchange for the release of the prior security deposit. Section 9. Section 21-141 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 21-141. Sale, assignment, transfer, or termination of business commercial cannabis business owner's/operator's duty to notify: remitting and reporting requirements, closeout audit: successor's duty to notify: successor's and transferor's joint and several liability: certificate of nonliability. (a) OwnerlOperator's duty to notify, termination at least ninety (90) days in advance of the date of termination of shall then immediately notify the collector of said decision and the date of termination of business. ii. Sale, assignment, or transfer of business. A commercial cannabis business owner/operator who is selling, assigning, or otherwise transferring their days in advance of the date of the sale, assignment, or transfer and shall notify the collector in writina of the name and address of the purchaser, transfer their business was made within less than a ninety (90) day period prior to the sale, assignment, or transfer, in which case the transferor shall then immediately notify the successor of the successor's responsibility for 19 75A-29 the period prior to the sale, assignment, or transfer as set forth in subsections (d) and (e) below, and shall further certify in writing to the collector that the successor was notified of the requirements of this Article regarding their responsibility for unpaid business license tax liabilities. (b) Remitting and reporting requirements. Each commercial cannabis business owner/operator upon the sale, assignment, or other transfer, or termination of business for any reason shall, on or before the last day of the month following the sale, assignment, transfer, or termination of business, file a final return to the collector on City approved forms, of the total gross receipts received, adjustments to gross receipts, the amount of business license tax collected for the reporting period, remittances made, if any, and the balance of the business license tax due, if any, shall be remitted to the collector. (C) Closeout audit. After filing the final return and remitting the balance due, the commercial cannabis business owner/operator shall make its records of account available for a closeout audit by the collector, his or her revenue officers, or duly authorized employees or agents of the City. The decision to perform a closeout audit shall be made solely at the discretion of the collector. If, upon closeout audit, business is found to have satisfied all business license tax liabilities, the collector shall issue to such business owner/operator a certificate of nonliability. If, upon closeout audit, or by means of other information available to them, the remittance, or both, the collector shall immediately notify such owner/operator of the amount of the net deficiency, plus applicable penalties, interest, charges, fees, or costs. Upon such owner/operator's remittance of all business license tax liabilities owing, the collector shall issue a certificate of nonliability. (d) Successor's duty to notify. If a commercial cannabis business owner/operator decides to sell assign, or otherwise transfer their business, their successor shall notify the collector of the date of the sale, assignment, or other transfer at least ninety (90) days before the date of the sale, assignment, or transfer. It shall be the duty of the successor to obtain written verification from the collector's office that the transferor does not have or is not liable for any outstanding business license taxes liabilities. After the successor seeks written verification from the collector's office, if the collector notifies the successor that the transferor has or is liable for any outstanding amount of business license tax liabilities, the successor shall transferor for oavment of business license tax liabilities. If the transferor does not 20 75A-30 present a certificate of nonliability within ninety (90) days after such sale, assignment, or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. If the decision to sell assign or otherwise transfer was made within less than a ninety (90) day period prior to the date of the sale assignment, or other transfer, three (3) months' of reported and remitted business license taxes until the transferor produces a certificate of nonliability stating the nonliability of the transferor for payment of business license tax liabilities. If the transferor does not present a certificate of nonliability within ninety (90) days after such sale, assignment or other transfer, the successor shall deposit the withheld amount with the collector pending settlement of the account of the transferor. (e) Joint and several liability. If the successor fails to withhold the applicable amount required under subsection (d) they shall become iointly and severally liable along with the transferor for the payment of the full amount of the transferor's business license tax liabilities and shall likewise become iointly and severally liable along with the transferor for future penalties and/or interest charges as may be applicable as set forth in sections 21-83, 21-84, and 21-85 until all business license tax liabilities are satisfied. (f) Certificate of nonliability. Upon application of a commercial cannabis business owner/operator who is terminating their business, or a transferor, or a successor, for a certificate of nonliability, the collector, after conducting an audit therefore, as he or she may deem necessary, shall issue the certificate of nonliability if the owner/operator's transferor's or successor's business license tax liabilities have been satisfied. If any business license tax liabilities remain outstanding, or if successor of the applicable amount which must be fully paid as a condition of issuing their respective certificate of nonliability. Where a transferor's business successor's action of withholding and depositing amounts with the collector Section 10. Section 21-142 of Article XIII of Chapter 21 of the Santa Ana Municipal Code, is hereby added to read as follows: Sec. 21-142. Vertical and horizontal integration of commercial cannabis business licensees —Defined. 21 75A-31 The terms vertical integration and horizontal integration as used in this Article shall have the followinq meanings: Vertical integration shall refer to cannabis businesses operating at different points in the same supply chain from cultivation to retail sales, as long as they share at least 80% underlying common ownership, regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. Horizontal integration shall refer to cannabis businesses operating at the same point in the same supply chain, as long as they share at least 80% underlying common ownership regardless of form of business structure, and are engaged in interparty sales and/or transfers of goods. For purposes of this Article the term "cannabis businesses" shall include medicinal marijuana collectives/cooperatives as defined in section 18-611 and commercial cannabis businesses as defined in section 40-2. but shall not include commercial cannabis businesses engaged in testing facilities or testing laboratory businesses. Section 11. Section 21-80 of Article VII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-80. - Same —Not conclusive; audit of books. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the collector, his or her revenue officers, or duly authorized employees or agents of the City, who are hereby authorized to examine, audit, and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. All persons subject to the provisions of this Chapter shall keep complete and detailed records of business transactions, including, but not limited to the followinq: rent collected, daily sales, sales taxes collected and paid to the state, any and all city, state and federal taxes collected and remitted from cannabis sales, point of sales (POS) system detailed daily sales data base and summary monthly sales reports, receipts, purchases, and other expenditures, detailed general ledger, income statements, cash flow statements, balance sheets, sales journals, cash disbursement journals and ledgers including payroll journals, third -party staffing agency statements lease agreements, and other reports regarding the number and types of persons employed and/or otherwise engaged in the business, and shall retain all such records for examination by the collector, his or her revenue officers, or duly authorized employees or agents of the City. Such records shall be maintained for the period of the current calendar year, and fora rior period of at least three (3) complete calendar years or from the commencement of business within the city, whichever period is least. In the event such records of any business are not maintained within the city and are not 22 75A-32 reasonably made available for examination within the city, then such business shall be responsible for the actual travel and lodging cost in connection with the performance of said examination. No person required to keep records under this section shall refuse to allow the collector, his or her revenue officers, or duly authorized employees or agents of the City to examine said records at reasonable times and places. Any person who willfully refuses to allow said examination on demand and at a reasonable time and place as herein provided shall be deemed guilty of a misdemeanor. In addition, such willful refusal shall be cause for suspension and/or revocation of such business' existing Santa Ana Business License as set out in section 21-86 of this Chapter. Section 12. Section 21-80.1 of Article VII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-80.1. - Same —Audit deficiency; application of penalty and interest; voluntary compliance, effect;=Abatement of penalty and interest; application; Exception for business license taxes assessed on a monthly basis; audit service fees. In the event that the collector or his or her designated agents, whether through an audit or otherwise, determine that any person has misstated their gross receipts amount, square footage amount, or other criteria upon which their current or prior years' business license tax has been calculated resulting in an underpayment of the tax amount owed, the collector shall separately calculate the deficiency for each distinct license period affected and issue a statement of tax deficiency and add delinquency penalties as applicable to the amount of the tax deficiency in accordance with Section 21-25, subsection (a) and Section 21-83, subsection (a), together with interest as provided under Sections 21-84 and 21-85, as applicable, until such time as the tax deficiency together with the accrued penalties and interest, are satisfied. In the case of business license taxes which are assessed and payable on a monthly basis, an identical procedure shall be applied by the collector. Provided, however, that the provisions of Section 21-25 shall not apply. Provided howeveF that Except business license taxes which are assessed and payable on a monthly basis, where any person voluntarily reports a tax deficiency on business license taxes which are assessed and payable on an annual basis such person's penalty and interest assessment on said deficiency shall be abated until the combined amount of tax, penalty and interest due is equalized to an amount equivalent to the amount of current and prior years' taxes owing as computed or determined based upon the business license tax rates and charges in effect for the most current tax year. In computing the abatement of accrued penalties and interest to 23 75A-33 arrive at a combined amount of tax, penalty and interest equivalent to the amount of the current or prior years' taxes owing as computed or determined based upon the business license tax rates in effect for the most current tax year the collector in his or her discretion may retain a sufficient amount of accrued penalty alone, or a sufficient amount of accrued interest alone, or any sufficient combination of accrued penalty amount and accrued interest amount necessary. Whenever the result of any audit performed pursuant to this Chapter, excluding audits performed in connection with any medicinal cannabis business or commercial cannabis business, determines that any licensee has, exclusive of penalties and interest, underpaid the amount of their business license tax by five (5) per cent or more of the total amount due, but not less than two hundred fifty dollars ($250.00), then an audit service fee in an amount as specified by resolution of the City Council shall be applied. In the case of audits performed pursuant to this Chapter in connection with any medicinal cannabis business or commercial cannabis business that has, exclusive of penalties and interest, underpaid the amount of their business license tax by five (5) per cent or more of the total amount due, but not less than five thousand dollars ($5.000.00), then such cannabis business shall be responsible for the City's actual cost of performing said audit. Section 13. Section 21-86 of Article VII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-86. - Same —Suspension and revocation of business license. The collector shall suspend and/or revoke any business license issued or granted pursuant to this Chapter only upon those grounds set forth in Sections 21-45, 21-50, 21-55, 21-58, 21-59, 21-60, 21-80, 21-136 or upon conditions set forth in any written agreement executed pursuant to Section 21-83. Provided further, that unless revocation is made upon conditions set forth in a written agreement executed pursuant to Section 21-83 or upon licensee's failure to comply with the requirements of Section 21-136, no licensee's business license shall be suspended and/or revoked for failure to pay the— annual business license tax as set forth in this Chapter, or any monthly business license tax as set forth in Article XII or Article XIII of this Chapter, or any other amount due pursuant to this Chapter until the penalties accruing for such failure to pay, exclusive of interest, equal GRe huRdFed (+nm per Gent of the business I;c..Rse tax due feF suoh lice..se have attained the maximum applicable amount permissible under the terms of this Chapter. Whereupon, the collector shall give a notice of suspension, which notice shall specify the grounds for suspension, and which notice shall be given by personal service or by depositing it in 24 75A-34 the United States post office in the city, postage prepaid, addressed to the licensee at the address listed on the application of the licensee where he or she consented to receive mail concerning his or her license, to obtain a license or to pay any license tax due or the address listed on the most recent business license renewal affidavit or business license amendment statement; and/or conspicuously posting said notice upon the premises of the business. Service of notice shall be deemed completed upon the date of personal service of said notice, or the date of mailing of said notice, or the date of actual posting of said notice on the premises of the licensee whichever occurs first. In the event said licensee fails, within a period of thirty (30) days-_ays, notice, to pay the business license tax due or any other amount due pursuant to this Chapter, or to request a hearing the procedure for which shall be as provided in Section 21-41, then and in that event the collector shall give a notice of revocation. The licensee shall be given at least ten (10) days —days' notice, which notice shall specify the grounds for revocation, and which notice shall be given pursuant to the hereinabove set forth procedure for giving notice. In the event said licensee fails within the allotted ten (10) day period to request a hearing to show cause why his or her business license should not be revoked, then and in that event the collector shall revoke said person's license and give notice thereof to said person pursuant to the hereinabove set forth procedure for giving notice. In the event said licensee fails to file within ten (10) days thereafter, an appeal pursuant to Chapter 3 of this Code, then the collector's action in revoking said person's business license shall be conclusive as to all matters involved, and the transacting and carrying on by any person of any business pursuant to said license shall thereafter be deemed a misdemeanor. Section 14. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 15. Effective Date. This Ordinance shall be effective thirty days after its adoption by the City Council of the City of Santa Ana. 25 75A-35 ADOPTED this day of , 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana 26 75A-36 EXHIBIT 2 LS 7.16.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA AND CHAPTER 40 OF THE MUNICIPAL CODE PERTAING TO COMMERCIAL CANNABIS TO UPDATE AND STREAMLINE IMPLEMENTATION OF COMMERCIAL CANNABIS, INCLUDING MEDICINAL CANNABIS PURCHASING AGE (SECTION 18-613), EMPLOYEE BADGES (SECTIONS 18-613 AND 40-8), MANUFACTURING PERMIT REQUIREMENTS (SECTION 40-8), AND ADMINISTRATION AND IMPLEMENTATION AMENDMENTS (SECTIONS 18-617.5, 40-1, 40-2, 40-5, 40-8, 40-9.1, AND 40-10) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in Chapters 18 and 21 of the Santa Ana Municipal Code. Such regulations govern medicinal marijuana and the retail sale thereof. B. In 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana Regulation and Safety Act further amended in 2016 as the Medical Cannabis Regulation and Safety Act which established regulations and a state licensing system for medical cannabis cultivation, manufacturing, delivery, and dispensing. C. In November 2016, the voters of the State of California approved Proposition 64, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act. D. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act. E. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. F. Since November 2014, the City of Santa Ana has permitted the retail sale of cannabis for medicinal purposes and since January 2018 for adult -use purposes. On March 1 75A-37 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories. G. On April 17, 2018, the City Council adopted Ordinance NS-2944 allowing and regulating commercial cannabis cultivation, distribution, and manufacturing activities. H. On November 6, 2018, the voters of the City of Santa Ana approved Measure Y (Ordinance NS-2962), establishing a tax on commercial cannabis business activities except medicinal cannabis retail sales, which continue to be subject to taxes under Measure BB. I. The State of California continues to update its regulations on commercial cannabis business licensing, resulting in the need for local jurisdictions to update and amend local commercial cannabis ordinances from time to time. J. The City Council of the City of Santa Ana intends that nothing in this article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law. K. The City of Santa Ana has a compelling interest in ensuring that cannabis is not cultivated, manufactured or distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these uses may operate, and in providing access of cannabis to residents. L. The City Council has held a duly noticed public hearing on July 16, 2019 in connection with consideration and adoption of this ordinance. Section 2. This Ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to: Article IX, Section 7 of the California Constitution, the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program (California Health and Safety Code Section 11362.7 at seq.), the Medical Marijuana Regulation and Safety Act (AB 266, AB 243, and SIB 643; hereafter "MMRSA"), the Adult Use of Marijuana Act (Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act (SB 94; hereafter "MAUCRSA"). Section 3. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 4. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. iJ 75A-38 Section 5. Section 18-613 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 18-613. - Operating Standards. (a) At all times the collective is open, a collective shall provide at least one (1) security guard who is licensed, possesses a valid department of consumer affairs "security guard card", and has a valid Santa Ana Business License. In the event that the security guard is employed by an outside security guard company; such security guard company shall maintain a valid Santa Ana Business License. (b) The security guard and collective personnel shall monitor the site and the immediate vicinity of the site to assure that patrons immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (c) Exterior signage shall comply with Article XI of Chapter 41. Interior signage or advertising may not be visible from the exterior. Collectives and dispensaries must comply with the advertising and marketing provisions of Business and Professions Code §§ 26150-26155. (d) No recommendations from a doctor for medical marijuana shall be issued on -site. (e) There shall be no on -site sales of alcohol or tobacco products, and no on -site consumption of food, alcohol, tobacco or marijuana by patrons. (f) Hours of operation shall be limited to: 7:00 a.m. to 11:00 p.m. daily. No licensed dispensary/collective shall be open to the public between the hours of 11:01 p.m. and 6:59 a.m. of any day. (g) The property shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems so that odor generated inside the location is not detected outside the building, anywhere on adjacent property or public rights -of - way, or within any other unit located within the same building as the collective if the use only occupies a portion of a building. (h) A collective shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall include possession of an original valid doctor's recommendation, not more than one (1) year old, for medical marijuana use by the patient. (i) A collective shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: (1) Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest. (2) That loitering on and around the collective site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (3) Forgery of medical documents is a felony crime. (4) A warning that patrons may be subject to prosecution under federal marijuana laws. (5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery. 75A-39 Q) A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use. (k) All agents, private security officers or other persons acting for or employed by a collective shall display a laminated identification badge at least two (2) inches by two (2) inches in size, issued by the sellestive Cam. The badge, at a minimum, shall include the vellenPve's ".le'n IDUSIRessas" me and Heence rnbe. the employee's first and last name, date of most recent Live Scan, expiration date of Live Scan results after the one-year period, and a color photo of the employee that shows the full front of the employee's face. (1) No one under t%V�.. Rty GRe (21) eighteen (18) years of age shall be permitted to enter establishment, unless such person is a qualified patient and is accompanied by his or her primary caregiver, licensed attending physician, parent(s) or documented legal guardian. (m) A collective shall provide the name and phone number of an on -site staff person to the police department and the code enforcement division of the planning and building agency for notification if there are operational problems with the establishment. (n) Each collective owner, operator(s) and employees shall complete a criminal background check and wear a visible photo ID at all times during operating hours. Owners, operator(s), employees, managers or volunteers may not have been convicted of, or pleaded guilty/no-contest to a felony or misdemeanor drug charge within the past four (4) years; nor shall they be a person required to register as a controlled substance offender pursuant to Health and Safety Code section 11590. (o) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the marijuana plant may be kept or maintained on -site for distribution to qualified patients and primary caregivers as follows: (1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana for consumption on -site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off -site for their own use and they may also return marijuana from the resulting mature plant for distribution by the collective. (2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut from a marijuana plant, which is no more than six (6) inches in length, and which can be used to grow another plant in a different location. (p) A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive. (q) If food is distributed, the collective shall comply with all relevant state laws and city and/or county ordinances pertaining to the preparation, distribution and sale of food. (r) The location, interior and exterior, shall be monitored at all times by web -based closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained for a period of not less than ninety (90) days. The police department may request the recordings in connection with an a 75A-40 investigation. If the recordings are not voluntarily provided, the police department may seek a warrant or court order for the recordings. (s) The location shall have a centrally -monitored fire and burglar alarm system which shall include all perimeter entry points and perimeter windows and the building or the portion of the building where the collective is located shall contain a fire -proof safe or fire -proof filing cabinet and include a safety and security plan. (t) Reserved. (u) Reserved. (v) If the collective operator is not the owner of the property where the collective is to operate, the operator shall provide evidence that the property owner(s) consent to the operation of a collective on the property. (w) Collectives must obtain and maintain a valid city business license at all times as a condition for receiving, renewing, and maintaining their regulatory safety permit. (x) Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. Section 6. Section 18-617.5 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 18-617.5. -Audits. Annual audits. No later than lone 30 September 30th of every year, each collective shall file with the city an audit or financial review of its operations of the previous calendar year. The form and contents of the document shall be specified by the executive director of finance and management services, or his/her designee(s). Section 7. Section 40-1 of Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 40-1. — Purpose and intent. A. The purpose and intent of this article is to regulate commercial cannabis business activities, as defined in this article, in order to ensure the health, safety and welfare of the residents of the City of Santa Ana by establishing regulations necessary for commercial cannabis business operating in the City of Santa Ana to obtain and maintain a Regulatory Safety Permit ("RSP"). Any commercial cannabis businesses operating in the City of Santa Ana shall at all times be in compliance with current State Law and this article. All commercial cannabis facilities shall operate in accordance with the regulations in this article and with the conditions of approval associated with the applicable zone for the parcel of real property upon which the commercial cannabis activities are conducted. Any commercial cannabis business shall qualify for and receive a Regulatory Safety Permit from the City of Santa Ana as provided by this article and operate only in a zone in compliance with Santa Ana Municipal Code before commencing with any commercial cannabis business activity. Any commercial cannabis s 75A-41 business without a Regulatory Safety Permit is in violation of this article. The regulations in this article, in compliance with the Compassionate Use Act, the Medicinal Marijuana Program Act, SB 94, AB 133, Proposition 64, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with the right to use adult -use cannabis or medicinal cannabis as authorized under State Law, nor do they criminalize the possession of cannabis as authorized under State Law. B. Any person operating a medicinal marijuana collective/cooperative (as defined in Chapter 18 of this Code) as of December 14, 2017, or who has a RSP application pending to operate a medicinal collective/cooperative, and has met all of the requirements of Chapter 18, shall be allowed to apply for a Regulatory Safety Permit for the sale of Adult -Use cannabis provided that they enter into the Adult 11se Commercial Cannabis Retailef Operating Agreement with the City. C. The Commercial Cannabis Operating Agreement shall be a legally binding written agreement between each commercial cannabis business operator and the City, executed by the City Manager, or his or her designee, and in a form and substance satisfactory to the Executive Director of Planning and Building and the City Attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied. A distinct Commercial Cannabis Operating Agreement shall be required for each location aad-type of commercial cannabis business activity taking place at an approved Commercial Cannabis Business. Section 8. Section 40-2 of Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 40-2. - Definitions. The definitions are incorporated herein as fully set forth and are applicable to this article. All definitions are intended to comply with those set forth by the State of California for all commercial cannabis business activities. 1. "Applicant' means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a commercial cannabis business. 2. "Adult -Use" means cannabis or cannabis products that are intended to be used for non -medicinal purposes by a person twenty-one (21) years of age or older. 3. "Adult -Use Cannabis Retailer Operating Agreement' or "Operating Agreement' means the agreement entered into by and between the City and the commercial cannabis business operator which will specify terms for local hiring and sourcing, community benefit plans, and fees to compensate for authorized impacts on City services. N 75A-42 4. "Adult -Use cannabis retail business" means an Adult -Use retail business that obtains a Regulatory Safety Permit and engages in the delivery or sale of Adult -Use cannabis, or an Adult -Use cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time, excepting medicinal cannabis retail. 5. "Authorized City of Santa Ana representative" means any police officer, city employee, contractor or agent of the city designated by the director of any city department which has the authority and responsibility to enforce provisions as set forth in this article. 6. 'Business owner" means any of the following: a. A person with an aggregate ownership interest of twenty (20) percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. b. The chief executive officer of a nonprofit or other entity. c. A member of the board of directors of a nonprofit. d. An individual who will be participating in the direction, control, or management of the person applying for a license. 7. "Cannabis" or "cannabis product' means all parts of the Cannabis sativa Linnaeus, Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. 8. "City" means the City of Santa Ana, a charter city and municipal corporation. 9. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for this Chapter. Permitted commercial cannabis activities are listed in Land Use Table 40-5 of this Chapter. 75A-43 10. "Commercial cannabis business" means a business that obtains a Regulatory Safety Permit and engages in the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, distribution, delivery, or sale of adult -use cannabis, medicinal cannabis or an adult -use cannabis or medicinal cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time. 11. "Cultivation" means to plant, grow, harvest, dry, cure, grade or trim cannabis, as defined by California Business and Professional Code Section 26001, as amended from time to time. 12. "Customer" means a natural person twenty-one (21) years of age or over. 13. "Delivery" means the commercial transfer of cannabis or cannabis products from a retail cannabis business to a customer up to an amount determined to be authorized by the State of California, or any of its departments or divisions. "Delivery" also includes the use by a retail cannabis business of any technology platform owned, controlled, and/ or licensed by the retail cannabis business, or independently licensed by the State of California under the State law (as amended from time to time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed retail cannabis business of cannabis or cannabis products. For the purposes of this article, "delivery" does not include distribution or purchase of cannabis from a licensed cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed cannabis retail business. 14. "Delivery employee" means an individual employed by a licensed retail cannabis business who delivers cannabis goods from the permitted retail premises to a customer at a physical address. 15. "Display" means cannabis goods that are stored in the licensed retail business during the hours of operation. 16. "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between Licensees. 17. "Edible cannabis product' means manufactured cannabis that is intended to be used, in whole or in part, for consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. 18. "Free sample" means any amount of commercial cannabis goods provided to a purchaser of cannabis without cost or payment or exchange of any other thing of value. 19. "Labor Peace Agreement' means a legally binding agreement between an employer and a labor organization in which the employer agrees to remain neutral in the event its employees wish to unionize, as described more fully in Business and Professions Code 26001(x), as amended from time to time. 75A-44 20. "License/Licensee" means a license issued by the State and includes both an A - license (Adult -Use) and an M-license (Medicinal), and the holder of such license. 21. "Manufacturer" means a Licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. 22. "Manufacturing" means all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any processing, preparing, propagating, holding, or storing of components and ingredients. 23. "Medicinal cannabis patient" is a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 24. "Micro -Business" means a commercial cannabis business that cultivates cannabis on an area less than ten thousand (10,000) square feet and acts as a licensed distributor, Level 1 manufacturer, and retailer. 2225. cnlvnnt" m any selye Rt used in the extrRAtinn n c that is nn4 inlatiln nlvnnf Cnr purposes of this ehapteF a R9R .nlatile nnlvnnV innl .dn� n..rh..n d iaxide used- fer extr..nf'n s '4 Fn y be defined and amended by the State 256. "Nursery' means a commercial cannabis Licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. 267. "Medicinal/medical cannabis" or "Medicinal cannabis product", means cannabis or a product containing cannabis, including, but not limited to, concentrates, and extractions, intended to be sold for use by medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code. Medicinal cannabis retail is regulated by Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. 276. "Outdoor cultivation" means the cultivation of cannabis outside a permanent enclosed building. Outdoor cultivation is prohibited within the City of Santa Ana. 289. "Ownership interest" means an interest held by a person who is an owner as defined by State of California commercial cannabis regulations or who has a financial interest in the commercial cannabis business of twenty (20) percent or more. 29.30. "Package" and "Packaging" means any container or wrapper that may be used for enclosing or containing any cannabis goods for final retail sale. "Package" and 0 75A-45 "packaging" does not include a shipping container or outer wrapping used solely for the transport of cannabis goods in bulk quantity to a Licensee. 304. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. 312. "Premises" means the designated structure(s) and land specified in the application that are in possession of and used by the applicant or Licensee to conduct the commercial cannabis activity. 323. "Primary Caregiver" has the same meaning as that term is defined in Section 11362.7 of the Health and Safety Code, as amended from time to time. 334. "Private Residence" shall have the same definition as that contained in Health and Safety Code section 11362.2(5) and also means a lawfully established structure, suitable for human occupancy as required by section 17922 and 17958 of the California Health and Safety Code. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. 345. "Private security officer" has the same meaning as that term as defined in the State of California Business and Professions Code section 7574.01. 356. "Purchase" means obtaining cannabis goods in exchange for consideration. 367-. "Purchaser" means a person who is engaged in a transaction with a Licensee for purposes of obtaining cannabis goods. 373. "Qualified patient" has the same meaning as such term is defined in California Health and Safety Code section 11362.5, as amended from time to time, and means a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 386. "Responsible person" means any of the following: a) A person who causes a Code violation to occur. b) A person who maintains or allows a Code violation to continue by way of his or her action or failure to act. c) A person whose agent, employee, or independent contractor causes a Code violation by its failure to act. d) A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of, real property where property -related Code violation occurs. e) A person who is the on -site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises. io 75A-46 3940. "Retail business" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale. 404-. "Regulatory Safety Permit (RSP)" means a permit issued by the City pursuant to this article to a commercial cannabis business. 412. "Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis is transferred from one (1) person to another, and includes the delivery of cannabis goods pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis goods by a Licensee to the Licensee from whom such cannabis goods were purchased. 423. "State" means the State of California. 434. "Testing Facility" or "Testing Laboratory" defined in the Business and Professions Code section 26001, as amended from time to time, means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: a) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and, b) Licensed by the Bureau of Cannabis Control. 45. "Volatile s_l.y _.V .. __.- _.v solvent that Is _. r-_d____ _Fl __m_mnhle gas nr,ann , that, wheR present 'R the air in SUffiGient qyaRtitie6, Will GFeate explosive or OgRitable ixtures Examples of volatile cnlvendo 'nnl. de but -wre and limited to, butane hn.e gnd pFepaRe, and edhaRol n as it may he defined and amended by the State 446. "Wholesale" means the sale of cannabis goods to a distributor for resale to one (1) or more retail cannabis businesses. Section 9. Section 40-5 of Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 40-5. - Zoning compliance and regulatory safety permit requirements. Commercial cannabis activities are expressly prohibited in all zones in the City of Santa Ana; however, specific commercial cannabis businesses are allowed as a speGial use in the Industrial iEeae zoning districts (M-1, M-2). The allowed current permit types are described in Table 40-5 and the City of Santa Ana's zoning ordinance as a requisite for obtaining a Regulatory Safety Permit. No commercial cannabis business may operate in the City of Santa Ana without a Regulatory Safety Permit. 11 75A-47 This Land Use Table 40-5 shall be used to determine whether a commercial cannabis business is permitted — "P", or not permitted — "X". Any commercial cannabis business in the City of Santa Ana shall also operate in compliance with the City's zoning ordinance. If a Zoning District is not listed in the Land Use Table in this section then the use is expressly not permitted. City of Santa Ana Municipal Code Table 40-5 Commercial Cannabis Regulatory Business Land Use M-1 M-2 Safety Activities Use Classification Zone Zone Permit Type Required Cultivator/Nursery Indoor only P P Yes Cultivator/Nursery Outdoor or mixed- X X NA light Indoor/Outdoor — Type D 5 (Large Cultivator/Nursery Grows, as defined X X NA and amended by the State Manufacturing Manufacturing P P Yes Medicinal Retail Retail (SAMC Chapter P P Yes 18) Retail Adult -Use Retail P P Yes Adult -Use and/or Testing Laboratory Medicinal P P Yes Industrial Distribution Freight/Transport P P Yes 12 75A-48 X P — only as X P — only as Part part of a vertically- of a vertically- Micro -Business Cultivation/Retail/ A M1aau#aetare/Manu — ng /Distri fIstribution integrated/co- located business in full integrated/co - located business in full NAYes conformance with conformance with the the requirements of this article and requirements of Chapter 18. this article and Chapter 18. ... cr.T.rri rrr� smta+r��Tnrsrr ... LIQ Section 10. Section 40-8 of Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 40-8. - General provisions for commercial cannabis activities in the City of Santa Ana. Regulatory Safety Permit Required. a. Each commercial cannabis business shall obtain a Regulatory Safety Permit (RSP) specific to the business activity or activities defined by the State pertaining to that activity. The only allowed current permit activity types pursuant to this article are for commercial cannabis retail sales and cultivation, distribution, manufacturing, and testing laboratories/facilities. Co -location is permitted pursuant to Section 40-9.3.1. b. It shall be unlawful for any person, as defined by this ordinance, to engage in, conduct or carry on, in or upon any premises within the City of Santa Ana any commercial cannabis business without a RSP. A commercial cannabis business shall register and obtain a RSP from the City of Santa Ana prior to operation. The RSP applicant shall pay an annual non-refundable application fee in an amount established by the City Council. 13 75A-49 c. A copy of the RSP shall be displayed at all times in a place visible to the public. d. A RSP shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above -referenced period. 2. Maintenance of Records and Reporting. All records shall be maintained by the commercial cannabis business for a period of five (5) years and shall be made available by the commercial cannabis business to an authorized City of Santa Ana representative upon request. If they are not produced as requested, the City may seek a search warrant, subpoena, or court order. In addition to all other formats that the commercial cannabis business may maintain, these records shall be stored by the business at the location in a printed format in a fire -proof safe or filing cabinet. Any loss, damage or destruction of the records shall be reported to the Police Department within twenty-four (24) hours of the loss, destruction or damage. a. The business shall obtain and maintain a valid Seller's Permit from the State Board of Equalization. b. Financial records include, but are not limited to: bank statements, sales invoices, receipts, tax records, and all records required by the California State Board of Equalization under Title 18 California Code of Regulations section 1968. C. Personnel records, including each employee's full name, address, phone number, social security, or individual tax payer identification number, date of beginning employment, and date of termination of employment if applicable. d. Training records, including, but not limited to, the content of the training provided and the names of the employees that received the training. e. Contracts with other businesses regarding commercial cannabis business activity. f. Permits, licenses, and other local authorizations to conduct the commercial cannabis business activity. g. Security records, as outlined in the Operational Standards for All Commercial Cannabis Business Activities. h. Proof of building ownership or landlord letter acknowledging business type. i. Proof of insurance. 3. Operational Standards for All Commercial Cannabis Business Activities. a. The location, interior and exterior, shall be monitored at all times by web - based closed circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the 14 75A-50 ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained unaltered in a secure location for a period of not less than ninety (90) days. The Police Department may request the recordings in connection with an investigation. b. All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas shall have fixed camera coverage capable of identifying activity occurring within a minimum of twenty (20) feet. c. The surveillance system storage device or cameras shall be transmission control protocol TCP capable of being accessed through the internet by the police department or their designee on request. d. If applicable, the applicant shall conduct and pay for any required CEQA reviews and analyses, and pay for all costs, including those of the City, associated with project review under CEQA. e. Commercial cannabis businesses shall create and maintain an active account within the State's track and trace system prior to commencing any commercial cannabis retail activity. In the event of system failure, the business shall keep a hard copy record and transfer the information to the track and trace system within twenty-four (24) hours of the system being available. f. No physical modification of the licensed premises is allowed without written prior permission by the City of Santa Ana and payment of any additional fees required by the City. g. Commercial cannabis business businesses shall provide adequate off-street parking and comply with the City of Santa Ana Municipal Code parking requirements in order to service customers without causing negative impact. h. The commercial cannabis business shall provide adequate disabled access parking per the requirements in the California Building Code. i. The commercial cannabis business shall minimize nuisances such as trash, litter, and graffiti. j. Any and all signage, packaging, and facilities shall not be "attractive", as it is defined by the State, to minors. k. Commercial cannabis business facilities shall be required to provide an air treatment system that ensures off -site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within 15 75A-51 any other unit located within the same building as the facility if the use occupies only a portion of a building. I. The commercial cannabis business shall comply with all State regulations regarding: i. Testing, labeling and storage of all cannabis products. ii. Use of appropriate weighing devices. iii. Electrical and plumbing regulations subject to periodic and unannounced inspections to ensure compliance. iv. State deadlines for applying for a State license and receiving a State license within six (6) months after the date the State begins issuing licenses. This may be waived if the State has longer delays in issuing licenses of the type the commercial cannabis business seeks. m. The commercial cannabis business shall maintain a comprehensive general liability combined single occurrence insurance policy issued by an "A" rated insurance carrier in an amount no less than two million dollars ($2,000,000.00), with primary coverage, naming the City of Santa Ana as additional insured. n. No free samples of any cannabis or cannabis product may be distributed at any time. o. All agents, private security officers or other persons acting for or employed by a collective shall display a laminated identification badge at least two (2) inches by two (2) inches in size, issued by the seNeeiive City. The badge, at a minimum, shall include the " aver; the employee's first and last name, date of most recent Live Scan, expiration date of Live Scan results after the one-year period, and a color photo of the employee that shows the full front of the employee's face. p. All private security officers acting for or employed by a commercial cannabis business shall be licensed by the State and issued a business license from the City of Santa Ana. q. The commercial cannabis business shall have a centrally -monitored fire and burglar alarm system which shall include all perimeter entry points and perimeter windows and the building or portion of the building where the business is located shall contain a fire -proof safe or fire proof filing cabinet and include a safety and security plan. r. The commercial cannabis business shall ensure a licensed alarm company operator or one (1) or more of its registered alarm agents installs, maintains, monitors and responds to the alarm system. The alarm company shall obtain a City of Santa Ana business license. 16 75A-52 S. The commercial cannabis business shall provide the name and phone number of an on -site staff person to the police department and the Code Enforcement Division of the Planning and Building Agency for notification if there are operational problems with the establishment. t. The commercial cannabis business must obtain and maintain a valid City business license at all times as a condition for receiving, renewing, and maintaining its regulatory safety permit. u. Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. v. For any commercial cannabis business with two (2) or more employees, the business owner shall attest that he/she has entered into a labor peace agreement and provide a copy of the agreement to the City. w. Each commercial cannabis business owner, operator(s) and employee(s) shall complete a criminal background check and wear a visible photo ID at all times during working hours. Owners, operators, employees, managers or volunteers may not have been convicted of, or pled guilty/no-contest to a felony or misdemeanor drug charge within the past four (4) years; nor shall they be a person required to register as a controlled substance offender pursuant to Health and Safety Code section 11590. x. All signage for the commercial cannabis business must comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. y. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. 4. Additional Operational Standards for Adult -Use Cannabis Retail Business. a. At all times the Adult -Use cannabis retail business is open, it shall provide at least one (1) private security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card", and has a valid business license from the City of Santa Ana. b. The private security guard and adult -use retail cannabis business personnel shall monitor the site and the immediate vicinity of the site to ensure that patrons immediately leave the site and do not consume cannabis in the vicinity of the retail business or on the property or in the parking lot. c. Exterior signage shall comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. Interior signage or advertising may not be visible from the exterior. Retail cannabis businesses must comply with the advertising and marketing provisions of Business and Professions Code §§ 26150-26155. v 75A-53 d. There shall be no on -site sales of alcohol or tobacco products, (excluding rolling papers and lighters) and no on -site consumption of food, alcohol or tobacco by patrons. e. Hours of operation shall be limited to: 7:00 a.m. to 10:00 p.m. daily. No licensed retail business shall be open to the public between the hours of 10:01 p.m. and 6:59 a.m. of any day. f. The Adult -Use cannabis retail business shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: i. Secondary sale, barter or distribution of adult -use cannabis is a crime and can lead to arrest. ii. That loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot. iii. A warning that patrons and/or employees may be subject to prosecution under federal cannabis laws. iv. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery. g. No one under the age of twenty-one (21) shall be allowed to enter an Adult - Use cannabis facility unless the licensed Adult -Use cannabis facility holds a medicinal use cannabis RSP issued by the City and retail license issued by the State, and the licensed premises for the adult -use cannabis license and medicinal cannabis license are the same in accordance with Business and Professions Code section 26140. h. If non -cannabis food is distributed, the retail business shall comply with all relevant State laws, County and City ordinances pertaining to the preparation, distribution and sale of food. I. All Adult -Use cannabis retail businesses shall establish and implement a program to incentivize the recycling of used containers. Failure to establish and implement a program to incentivize the recycling of used containers will result in a violation of the terms of the required commercial cannabis Operating Agreement requiring sustainable building or business practices. j. Adult -Use cannabis retail businesses shall also record on the video surveillance system point -of -sale areas and areas where cannabis goods are displayed for sale. 18 75A-54 k. Adequate signage shall clearly state who has inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location. I. Shipments of cannabis goods may only be accepted during regular business hours. M. Inventory shall be secured using a lockable storage system during non - business hours. n. No cannabis product shall be visible from the exterior of the business. o. All required labelling shall be maintained on all product, as required by State law, at all times. p. Educational tours of adult -use retail cannabis businesses shall be allowed. q. A permitted commercial cannabis retail business shall have one hundred eighty (180) days after permit issuance by the City of Santa Ana to operate. A permitted commercial cannabis retail business that ceases to operate for more than ninety (90) calendar days shall be deemed "abandoned" and the permit shall be forfeited. A permitted commercial cannabis business may temporarily suspend operations for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. For the purposes of this section, "operate" shall mean that the gross receipts fees charged for the business exceed the fee per square foot calculations by the end of the one hundred eighty (180) day period. 5. Additional Operational Standards for Commercial Cannabis Retail Delivery Services. a. Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the City in compliance with this article, and in compliance with all State regulations. b. All employees who deliver cannabis shall have valid identification and a copy of the commercial cannabis retail business' Regulatory Safety Permit and State license at all times while making deliveries. c. All commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law. d. Deliveries may only take place during normal business hours of the commercial cannabis retail business. e. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the iF] 75A-55 licensing authority and law enforcement officers. The delivery request documentation shall comply with State law. f. A licensed delivery employee shall not leave the State of California while possessing cannabis products. g. A commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the State. h. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours. i. Any delivery method shall be made in compliance with State law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient). j. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information: i. Name and address of the commercial cannabis retail business. ii. The name of the employee who delivered the order. iii. The date and time the delivery request was made. iv. The complete delivery addresses. v. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested. vi. The total amount paid for the delivery including any fees or taxes. k. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery. I. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement with the exception of a maximum four -inch by four -inch decal. M. Inspections by an authorized City of Santa Ana representative may be conducted anytime during regular business hours. 6. Additional Operational Standards for Commercial Cannabis Testing Facilities or Laboratories. a. A licensed cannabis testing facility or laboratory business, its owners and employees may not hold an interest in any other cannabis business except another testing laboratory business. 20 75A-56 b. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. c. Educational tours of cannabis testing facility/laboratory businesses shall be allowed. 7. Additional Operational Standards for Commercial Cannabis Manufacturing Facilities. a. r 'el nannnhmct rn Uf.. tU:,..n faG l'd'es aFe prehibited f.em Us ing I d'I I d the f.. 4 9� s de ne_.d '.. the California Health vrncm�^�oi4crn�n ., �..�� .. _ _ _ �afe1���o�(d) and fWther .defined n the Ga I;f9,v..w Health and Saf fi Code § 11362 775(b)(1)(A) ..nod a enrderd fro,.., time fn_ time, _ nlec _ P-enrd'd' alusepermit (G ID) f volatilesolvents is V„' applied ,fete and ^n ende.d s en r ba. A licensed commercial cannabis Ren- elatile manufacturing facility may conduct all activities permitted by the State. This includes, but is not limited to: nen-velatile extractions, repackaging and relabeling, infusions and extractions. eb. Any manufacturing that will be conducted by the commercial cannabis business shall be included on the application. No additional manufacturing activity can be conducted without notifying the Executive Director of the Planning and Building Agency or his or her designee, after which a determination will be made if the new activity may commence with or without modification to the RSP or if a new RSP is required. dc. At all times, the commercial cannabis manufacturing facility will be compliant with all State regulations for cannabis manufacturing including Health and Safety Code § 11362.775, as amended from time to time. Signage shall be posted regarding the type(s) of chemicals being used at the manufacturing facility. ed. Cannabis manufacturing facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co -located with an approved commercial cannabis retail business with a RSP. fe. Extraction equipment and extraction process utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction. gf. All commercial cannabis manufacturing/processing facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis plant processing and extraction. 8. Additional Operational Standards for Indoor Commercial Cannabis Cultivation Facilities. 21 75A-57 a. There shall be no exterior evidence of cannabis cultivation from a public right-of-way. b. The Building Official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers. c. Compliance with Section 13149 of Water Code as enforced by the State Water Resources Control Board is required. d. All commercial cannabis cultivation facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis carbon dioxide enrichment systems. e. Cannabis cultivation facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co -located with an approved commercial cannabis retail business with a RSP. 9. Additional Operational Standards for Commercial Cannabis Distribution Facilities. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. b. A distributor shall ensure that all cannabis goods stored in compliance with all applicable State regulations to ensure conformance to any and all applicable Track and Trace systems required by the State. C. Employee breakrooms, eating areas, changing facilities, locker rooms and bathrooms shall be completely separated from the storage areas. Section 10. Sections 40-9 and 40-9.1 of Article I of Chapter 40 of the Santa Ana Municipal Code are hereby amended to read in full as follows: Sec. 40-9. - Commercial cannabis selection process. 1. Commercial Cannabis — Registration Application and Regulatory Safety Permit Required. a. Existing medicinal cannabis business operators, or those with pending applications for a medicinal RSP, who desire to operate an adult cannabis retail business shall apply for the cannabis Regulatory Safety Permit ("RSP") on or before December 14, 2017. The Director of Planning and Building shall review such application and issue the RSP, without consideration of the merit based point system, so long as they satisfy all other requirements of this article and Chapter 18. b. The Regulatory Safety Permit ("RSP") selection process will be conducted in two (2) phases, Phase 1 (Registration Application) and Phase 2 (Regulatory zz 75A-58 Safety Permit Application). Registration Applications will be reviewed by the Director of Planning and Building or designees(s) for completeness and compliance, and if eligible, will be placed on the "Regulatory Safety Permit ("RSP") Eligibility List" and entered into the Phase 2 Regulatory Safety Permit Application .process. In Phase 2, the City of Santa Ana has established a merit based point system for commercial cannabis retail businesses to objectively award permits as described in the Regulatory Safety Permit Application. 2. Phase 1— Registration Application. Following the adoption of this article, the Director of Planning and Building shall prepare commercial cannabis business registration application forms and a related administrative policy. Each commercial cannabis business interested in operating pursuant to this article may submit an application together with a non- refundable processing fee in an amount established by the City Council. The Registration Application period shall be thirty (30) calendar days from the date the applications are released. Following the application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 1. Each application that is complete and in compliance with the application requirements in Phase 1 shall be placed on the "RSP Eligibility List" and shall be notified in writing whether they are a "RSP Eligible Applicant" or not. Each applicant on the RSP Eligibility List may then choose to file an application for a RSP in Phase 2. c. The requirements for Phase 1 include, but are not limited to: All application documents required in the City's Phase 1 Registration Application package. ii. Application was submitted during the application period. iii. Application forms are filled out completely. iv_v. Phase 1 application fee is paid. W. A signed statement that the proposed location of the commercial cannabis business on the application meets the zoning criteria established in this article including, but not limited to, any and all sensitive use separation criteria required by this article. v+vii. Proof of site control for commercial cannabis retail businesses submitting Phase 1 applications on or after July 1, 2018. d. The Director of Planning and Building or his or her designee(s) shall determine whether each application demonstrates compliance with the minimum requirements (above) and be placed on the RSP Eligibility List and entered into the Phase 2 application and review process. 23 75A-59 e. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified in writing of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3. Phase 2 — Regulatory Safety Permit Application. a. Each applicant identified on the RSP Eligibility List may choose to complete and file a RSP application to the Director of Planning and Building. The application shall be filed together with a nonrefundable fee as established by resolution of the City Council, to defray the cost of investigation required by this article. b. The RSP application period shall be open for thirty (30) calendar days and may run concurrently with the Phase 1 review period. Following the RSP application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 2. c. The Director of Planning and Building or designee(s) will review all application documents required in the City's Phase 2 application package plus the additional requirements in subsection (d) below. The Director of Planning and Building or his or her designee(s) will use a merit based point system to review and rank each of applications from the most to the least points and objectively award the top applicants a RSP. A complete description of the merit based point system and all merit based point considerations shall be included with the application forms. d. Phase 2 requirements include, but are not limited to i. All application documents required in the City's Phase 2 RSP application package. ii. Phase 2 application fee is paid and a comprehensive ewaeF background check is completed on all owners, employees, volunteers, managers security guards, and/or agents. iii. The Building Official or designee has inspected all structures in which the use is located to determine that all applicable standards and requirements are met. If a building permit is required for site improvements, Permit issuance will be deferred until a certificate of occupancy or other building permit approval is issued. Additionally, the Building Official has determined that there are no notices of nuisance or other code compliance issues recorded or on the property. iv. The Planning Manager or designee has issued zoning clearance documenting compliance with the following: 1. The use is permitted; 2. All land use permits, if any, have been approved and all conditions of approval have been met or are in good standing; and, 24 75A-60 3. No zoning violations exist on the property. e. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified that business day of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3.1 Commercial Cannabis — Registration Application and Regulatory Safety Permit for Additional Commercial Cannabis Business Activities on the Same Premises (Co - Location). a. An existing commercial cannabis business with an RSP may co -locate additional non -retail commercial cannabis business activities (cultivation, distribution, and/or manufacturing) by applying for a new RSP for the additional use(s). The new RSP must meet the all requirements of the Santa Ana Municipal Code except that background checks (live scans) shall only be required for any new staff as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. b. New or pPending RSP applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses may submit a new RSP for any of the non -retail commercial cannabis business activities. The additional RSP must meet the all requirements of the RSP except that background checks (live scans) shall only be required for any new staff as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. c. New commercial cannabis business applicants — co -location. New commercial cannabis retail applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses shall submit a separate RSPB for the proposed retail activity and another RSP for any of the non -retail (cultivation, distribution, and/or manufacturing) commercial cannabis business activities. Each RSP application will be evaluated independently and must meet any applicable requirements of the RSP as outlined in Sections 40-8 and 40-9, including, but not limited to, merit evaluation and additional separation requirements for the retail RSP. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. New non -retail commercial cannabis applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses may submit a single RSP for the proposed activity or activities. The RSP application must meet any applicable requirements of the RSP as outlined in Sections 40-8 and 40-9. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. 4. Regulatory Safety Permit Annual Renewal. Fk7 75A-61 a. Applications for the renewal of a permit shall be filed with the Director of Planning and Building or designee(s) at least sixty (60) calendar days before the expiration of the current permit. Temporary permits will not be issued. Any permittee allowing their permit to lapse or which permit expired during a suspension shall be required to submit a new application, pay the corresponding original application fees and be subject to all aspects of the selection process. b. Any person desiring to obtain a renewal of their respective permit shall file a written application under penalty of perjury on the required form with the Director of Planning and Building or ief or her designee(s) who will conduct a review. The application shall be accompanied by a nonrefundable filing fee established by the City Council to defray the cost of the review required by this article. An applicant shall be required to update the information contained in their original permit application and provide any new and/or additional information as may be reasonably required by the Director of Planning and Building or designee(s) in order to determine whether said permit should be renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. 5. Appeal of Denial of Regulatory Safety PermitlDenial of RSP Renewal. The City Manager or his or her designee(s) will review all Regulatory Safety Permit applications and renewal requests, along with all other relevant information, and determine if a RSP should be granted and/or renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. If the City Manager determines that the permit shall not be granted and/or renewed, the reasons for denial shall be provided in writing to the applicant. No such denial shall become effective until the applicant for the regulatory safety permit and/or renewal has been notified in writing by certified mail of the right to appeal the denial decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the denial shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. Otherwise, the denial shall become effective after the timely appeal period has passed. The matter may be subject to judicial review under the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. Sec. 40-9.1. - Non -retail commercial cannabis business (cultivation, manufacturing, distribution, and testing facility/laboratory) selection process. 1. Non -Retail Commercial Cannabis Businesses — Registration Application (Phase 1) and Regulatory Safety Permit (Phase 2) Required. a. Every Non -Retail Commercial Cannabis Business shall apply for the Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application) in the manner described in Section 40-9, except that the Director of Planning and Building or his or her designee may accept Phase 1 and Phase 2 applications for a Non -Retail Commercial Cannabis Business concurrently, and shall review such applications and issue the Regulatory Safety Permit Application without 26 75A-62 consideration of the merit based point system, insofar as the applications satisfy all other requirements of this article and Chapter 18. b. Applications for a Non -Retail Commercial Cannabis Business shall be accepted during normal City Hall business hours and are not subject to the thirty (30) day Phase 1 or Phase 2 application periods. Section 11. Sections 40-10 of Article I of Chapter 40 of the Santa Ana Municipal Code are hereby amended to read in full as follows: Sec. 40-10. -Audits. Annual audits. No later than dare 30th September 30th of every year, each licensed commercial cannabis business shall file with the City an audit or financial review of its operations of the previous calendar year. The form and contents of the document shall be specified by the Executive Director of Finance and Management Services, or his or her designee(s). Section 12. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. N/ N/ N/ 27 75A-63 ADOPTED this day of 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana 28 75A-64 EXHIBIT 3 LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE COMMERCIAL CANNABIS GROSS RECEIPTS TAX FOR TESTING LABORATORIES FROM FIVE (5%) PERCENT TO TWO (2%) PERCENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In November 2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized recreational marijuana. B. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. C. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/ cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. D. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories. E. A general business license tax based on the gross receipts derived from commercial cannabis businesses and gross square footage would generate essential funds for protecting vital City services and facilities and place such businesses on more equal footing with existing City businesses, including medical marijuana businesses which already pay a business license tax. 75A-65 F. The City Council is authorized to impose general and special taxes in order to fund municipal services and facilities, subject to requisite voter approval as set forth in Government Code section 53720. G. The voters of the City of Santa Ana approved Measure Y (Ordinance NS- 2962) on November 6, 2018, for the purpose of fixing the rate of taxation for commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. H. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community. I. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe and tested cannabis to residents. To ensure safe and tested cannabis, the City desires to see the establishment and successful operation of testing facilities and testing laboratories in the City. J. Section 21-133 (d) of Article XIII of Chapter 21 of the Santa Ana Municipal Code establishes the initial commercial cannabis testing facility of testing laboratory gross receipts tax rate at five (5%) percent. K. Section 21-133 (c) of Article XIII of Chapter 21 of the Santa Ana Municipal Code allows the City Council by resolution to implement any lower tax rate it deems appropriate. Section 2. The City Council hereby establishes the commercial cannabis testing facility/testing laboratory gross receipts tax rate at two (2%) percent, lowering it from five (5%) percent. The reduced two (2%) percent gross receipts tax rate shall become effective July 1, 2019. H 75A-66 ADOPTED this _ day of 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: s&'/ C_ E, Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE -OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019- to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resclu6on No. 201 &roc Page 3 of 3 75A-67 75A-68 EXHIBIT 4 LS 6.4.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A CANOPY MEASUREMENT SERVICE FEE AND AN ALLOCATED SQUARE FOOTAGE MEASUREMENT SERVICE FEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In November2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized recreational marijuana. B. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. C. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/ cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. D. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS- 2942, allowing and regulating commercial cannabis testing laboratories. E. A general business license tax based on the gross receipts derived from commercial cannabis businesses and gross square footage would generate essential funds for protecting vital City services and facilities and place such businesses on more equal footing with existing City businesses, including medical marijuana businesses which already pay a business license tax. Resolution No. 2019-roc Page 1 of 3 75A-69 F. The City Council is authorized to impose general and special taxes in order to fund municipal services and facilities, subject to requisite voter approval as set forth in Government Code section 53720. G. The voters of the City of Santa Ana approved Measure Y (Ordinance NS- 2962) on November 6, 2018, for the purpose of fixing the rate of taxation for commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. The taxes required to be paid under such article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. H. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax, rates that are competitive and provide for the needs of the Santa Ana community. I. Section 21-133, subsection (j)(8)(B) of Article XIII of Chapter 21 of the Santa Ana Municipal Code states that the gross square footage of cultivation canopy shall be subject to independent measurement and calculation by duly authorized employees or agents of the City and that a corresponding canopy measurement fee amount be specified by resolution of the City Council. J. Section 21-133, subsection 0)(8)(D) of Article XIII of Chapter21 of the Santa Ana Municipal Code states that the gross square footage of allocated square footage amounts reported by commercial cannabis business owners/operators respectively for either distribution use or for manufacturing use, shall be subject to independent measurement and calculation by duly authorized employees or agents of the City and that a corresponding allocated square footage measurement fee amount be specified by resolution of the City Council. K. The City Council conducted a duly noticed public hearing on June 4, 2019, to consider the proposed fee modifications. Section 2. Pursuant to Santa Ana Municipal Code Section 21-133, subsection (j)(8)(B) the City Council hereby establishes a canopy measurement fee in the amount of $100.57 per hour. Said fee shall be added to the City's Miscellaneous Fee Schedule and be subject to the Consumer Price Index changes annually. The canopy measurement fee amount shall become operational upon the effective date of Section 21-133, subsection (j)(8)(B)• Section 3. Pursuant to Santa Ana Municipal Code Section 21-133, subsection (j)(8)(D) the City Council hereby establishes an allocated square footage measurement fee in the amount of $100.57 per hour. Said fee shall be added to the City's Miscellaneous Fee Schedule and be subject to the Consumer Price Index changes annually. The Resolution No. 2019-= Page 2 of 3 75A-70 allocated square footage measurement fee amount shall become operational upon the effective date of Section 21-133, subsection 0)(8)(D). Section 4. The City Council finds that the fees adopted by this Resolution do not exceed the reasonable cost of providing the services for which the fees are charged. ADOPTED this day of Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 4110 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 2019. Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 3 of 3 75A-71 75A-72 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: PUBLIC HEARING —APPEAL APPLICATION NO. 2019-02 FILED BY FIEDLER GROUP ON BEHALF OF 7-ELEVEN INC. (PROJECT APPLICANT) PERTAINING TO CONDITIONAL USE PERMIT NO. 2019-12 AND TO CONSIDER A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL REVIEW NO. 2017-140) AND AMENDMENT APPLICATION NO. 2019- 02 TO PERMIT THE ESTABLISHMENT AND CONSTRUCTION OF A 7-ELEVEN CONVENIENCE STORE AND GAS STATION AT 1904 WEST FIRST STREET AND TO CHANGE THE ZONING DESIGNATIONS OF THE PROPERTIES AT 1904, 1910 AND 1916 WEST FIRST STREET AND AT 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (C1) TO GENERAL COMMERCIAL (C2). CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council take the following actions: Adopt a resolution denvina Appeal Application No. 2019-02 and upholding the Planning Commission's action on Conditional Use Permit No. 2019-12; 2. Adopt a resolution approving Environmental Review No. 2017-140 (adopting a Mitigated Negative Declaration (MND) and a Mitigation Monitoring and Reporting Program (MMRP)). 3. Introduce and approve the first reading of an Ordinance approving Amendment Application No. 2019-02 to change the zoning designations of the properties located at 1904, 1910 and 1916 West First Street and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (Cl) to C2. 75B-1 Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 2 Alternatively, if the City Council desires to approve the appeal, a resolution has been prepared and is attached in Exhibit 3 to this report. Recommendations 2 and 3 above would remain unchanged. PLANNING COMMISSION ACTION & BACKGROUND On May 13, 2019, the Planning Commission held a public hearing regarding Conditional Use Permit (CUP) No. 2019-12, Variance No. 2019-01, and making a recommendation to the City Council approval of an MND and adoption of an MMRP (Environmental Review (ER) No. 2017- 140), and Amendment Application (AA) No. 2019-02 to facilitate the establishment and construction of a new 2,480-square-foot convenience store (7-Eleven) with an 810-square-foot gas station canopy with two fuel pumps at 1904 West First Street. During the public hearing, the applicant raised concerns with the proposed mitigation measures and conditions of approval. In response to those concerns, the Planning Commission continued the item to May 28, 2019, and subsequently to June 10, 2019, to allow time for the applicant to work with staff to resolve the concerns. On June 10, 2019, the Planning Commission by a vote of 7:0 approved the CUP and the Variance and recommended approval of the MND and zone change and added the two following conditions to CUP No. 2019-12: 1. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi-annual basis to determine if the hours for security shall be reduced or expanded, and 2. The Franchisee shall be an active member of the Casa Bonita Neighborhood Association. On June 20, 2019, the applicant submitted an appeal application pursuant to Section 41-645 of the SAMC (Exhibit 1) to the City requesting that the City Council reconsider the Planning Commission's decision to add the above added conditions of approval. DISCUSSION & RECOMMENDATION ADDeal ADDlication No. 2019-02 Pursuant to Santa Ana Municipal Code (SAMC) Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. require review and approval by the Planning Commission. On June 10, 2019, the Planning Commission approved CUP No. 2019-12 allowing the proposed 7-Eleven convenience store to operate on a 24-hours day, seven days a week basis as conditioned by staff and added the two additional conditions of approval as noted above due to the site's proximity to sensitive land uses and to further protect and preserve the health, safety and general welfare of the surrounding community. The applicant is requesting that the City Council overturn the Planning Commission's decision of adding the additional conditions of approval. In particular, the application states the following: 75B-2 Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 3 r a security guard from 6:00 1. [The] Planning PM, Crelated ssioncondition for PD toloreview n of the, requval irement semi-annually. However, to 1 O:oo this requirement has a severe economic impact to the viability and the potential success o the project (as discussed at the hearing). 2. [The] Franchisee should not be required to join a neighborhood association by conditions. It should be an option for the franchise but not a mandate, and 3. Consideration of this appeal should be made to the fact that written conditions of approval were provided only two (2) days before the appeal's deadline, making the determination supposed to related to the appeal difficult to get completed in time. We, as the appli have ten (10) days to determine whether to appeal or not, but instead had less than two (2) full days due to receiving said conditions late. The City Council, in its review of this appeal, must determine whether the findings for gran19-12. ting a AMC have been hed for CUP No. 20 CUP it identifiein Section 41-638 of the d uphold or overturn the decision of he PlanningsCommiss on, n whole or n The City part, based upon these findings. ented at the ing Based on the full record to date, including testi eal statement detailed more fully belowony and review pres nthe Commission public hearing and review of the app eal with substantial supporting Appeal application has not substantiated the reasons for the app evidence. Staff recommends that the the two conditions of approval and'trecommendsCouncil r that the CityCouncims the Planning l,deny the appeal and add approve the Amendment Application and related Environmental documents and findings. uiring an on -site security guard rom The top10 00 p.m. and semi annual review by the e added condition of e San a Ana Pol ce Department wi0ll ha ea a.m ct. The applicant negative not economic anypanalyss h to substantiatee viability and hhowo potential security, guard ewould negatively d applicant estimates that this will impact the operations of the store economically; however, the app' was genen ng an Commission on inrly orderst Of mitigate 2,350.00 loitering t anhe store. This d panhandl ngooccu occurrences on s to and Plan g commonly observed at 7-Eleven locations throughout the City. In addition, the Planning County's General Commission raised safety concerns due to the site' the se poroxi ity weto ere selected n order Relief Office and Social Services Office. In particular, ol from their homes and vices ver to provide ssnot uncommon. Thehey w Planning Commlk to ission believes that the condition will sprov provide condition additional security to a neighborhood surrounded by sensitive land uses and will further protect and preserve the health, safety and general welfare of the community. I to join a neighborhood not requirec The capon b also states thacondition. Th st condition the franchisee added dby the ePlannng Commission in order to asso Y ensure that the franchisee be an active participant of the Casa Bonita Neighborhood Association and r allow for franchisee open community dialogue between 7-Eleven and the general community. The Planning Commission believes that this condition ensures that impacts of the 7-Eleven convenience store and gas station can be addressed and resolved timely and will foster a solution oriented relationship between 7-Eleven and the community and as a result, allow for mutually acceptable solutions to be deeveelooppedd if negative impacts occur. Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 4 Lastly, the applicant states that consideration of this appeal should be made due to the fact that written conditions of approval were provided only two days before the appeal deadline. The applicant was in attendance during the Planning Commission public hearing on June 10, 2019 and was made aware of the conditions by the Planning Commission at the hearing and was provided appropriate time to file the appeal. Amendment Application (Zone Change) Approval of an Amendment Application is required for this project to rezone the subject property from Light Industrial (M1) to General Commercial (C2). The proposed change is consistent with the existing General Commercial (GC) General Plan Land Use designation and other properties along the First Street Corridor. The zone change will allow for a larger convenience store than what the M1 zone allows. The M1 zoning limits the size of convenience stores ancillary to service stations to 2,000 square feet. The proposed 7-Eleven is 2,480 square feet. In addition, as part of the review of this application, the City is also proposing to change the zoning designation of 1910 and 1916 West First Street and 1901 West Walnut Street from M1 to C2 and 2002 West First Street from Community Commercial (Cl) to C2 to ensure land use and zoning consistency for this street block on First Street. The 1998 General Plan land use map designates the subject properties as GC, with the C-2 designation being a compatible zoning district as identified in General Plan. The GC designation applies to commercial corridors in Santa Ana including those located along First Street. The GC districts are key components in the economic development of the city and provide visible and accessible commercial developments along the city's transportation corridors. In addition, the GC land use designation is intended to provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment and education. The GC designation is also intended to provide support facilities and services for industrial areas such as office and retail. restaurants and various other services. Figure 1: Existing Zoning Designation Map Note: Subject properties are circled in orange box Community Commercial (Cl) General Commercial (C2) Figure 2: Proposed Zoning Designation Map Light Industrial (M1) 75B-4 Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 5 Environmental Analysis In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration (Environmental Review No. 2017-140) with technical studies was prepared for the project (Exhibit 5). No areas of unavoidable impacts were identified as resulting from the construction or operation of the proposed project. The project requires adoption and approval of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address biological resources, geology and soils, noise, transportation, and hazards and hazardous materials (Exhibit 5). On May 8, 2019 the draft MND was circulated to interested parties and the notice of intent was published in the Orange County Register and posted with the County of Orange Clerk. The draft MND was available for public review at the Santa Ana City Hall, Main Library, and on the project webpage on the City's website. No comments were received that would result in an impact or require additional mitigation measures. Table 1: Public Notification & Community Outreach Public Notification & Community Outreach Notification by mail was mailed to all property owners/occupants Notification by mail within 500 feet of the project site, and interested parties, on July Required Measures 5, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on July 5, 2019. Sunshine Meeting Sunshine Ordinance community meetings were held on December 12, 2017 and on February 8, 2018 from 6:00 p.m. to 8:00 p.m. at Monte Vista Elementary (2116 West Monte Vista Avenue) in accordance with the provisions of the City's Sunshine Ordinance. A total of 7 members of the public attended both meetings. The applicant provided all the required information to the City after the meeting. Two attendees completely opposed the construction of a 7-Eleven convenience store and gas station and stated that the City already has too many of them. The remainder of the participants raised concerns about safety, potential traffic impacts, and the sale of alcoholic beverages. The sale of alcoholic beverages at this location is not allowed per the City's alcoholic beverage ordinance. A Traffic Site Analysis (TSA) was prepared for the project and reviewed by the Public Works Agency and it was determined that no significant and unavoidable impacts would be generated by the project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 75B-5 Appeal No. 2019-02, ER No. 2017-140 & AA No. 2019-02 July 16, 2019 Page 6 G&Wi101�J-17T*Yl The project will generate property tax revenue, sales tax revenue, temporary jobs, permanent jobs and services for the community. Property tax revenue will increase as the lot will be redeveloped with a new convenience store and service station and the total net value of the property will also increase. According to the most recent tax roll, the property is currently valued at $335,498, resulting in approximately $7,000 in annual property tax. Of this amount, the City receives approximately $1,400. Upon completion, the property is estimated to be valued at approximately $650,000 and generate $2,600 in property tax revenue for the City. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. Based on sales volume estimates provided by 7-Eleven, the location will provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In addition, 7-Eleven estimates 10 to 20 new job opportunities will be created at this specific location. Minh Thai Executive Director Planning and Building Agency JG:Ia SWCA\2019\7-16-19\1904 W. First Street _7-11\RFCA for AA No. 2019-02, ER No.2017-140 & APPEAL No. 201 M2 for 7-Eleven at 1904 W. 1sl StreeLEoc Exhibits: 1. Appeal Application No. 2019-02 2. Resolution Denying Appeal Application No. 2019-02 3. Resolution Approving Appeal Application No. 2019-02 4. City Council Resolution approving and adopting the MND & MMRP (ER No. 2017-140) 5. Ordinance approving AA No. 2019-02 6. MND and Technical Studies 7. Planning Commission Signed Resolutions 8. Planning Commission Staff Report and Exhibits 75B-6 EXHIBIT 1 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 547-5804 APPEAL APPLICATION I. OWNER/APPLICANT Applicant Fiedler Group; Ben Steckler or Joe ruu name or Person, rirm, or i:orporauon 381-3243 P99 N Eud'd Ave, Suite 550, Pasadena, CA 61 f07 (213 ) Mailing Address Area Code Phone No. Legal Owner Name: 103Ai eAf-, l.%/— Legal Owner Address: 6131 'c� 'PPJE r S"R7- 42'Sa 1 %wW-A ':A I-A-L3 Phone No.: (`t0.`1) q33 3`1 t II. PROPERTY INFORMATION Fax: ( Land Use Commercial M-1 Light Industrial General Commercial - Existing Land Use of Property and/or Building Zoning District General Plan Designation Location 1904 W. 1st street, Santa Ana. CA Daisy Ave. Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) Planning Commission added a condition of approval for a security guard from 6:00 AM to 10:00 PM, and related condition for PD to review the requirement semi-annually. However, this requirement has a severe economic impact to the viability and the potential success of the project (as discussed at the hearing). &--„ wuso 04 WAtcy-SIM) Applicant's Signature: Date: 6 6/2-CA`t APPEAL APPLICATION NO. ARrl,- 7--'Ft ^ 2 - AVk-- cmlcntr-frmlappeal 5100 75B-7 SUBMITTAL REQUIREMENTS 1. An appeal application form (Exhibit 1). 2. A letter stating the nature of the appeal (in lieu of the space provided on the appeal form). 3. The application fee. 4. Any other pertinent information that the application warrants. 111. Fu sr'.► 'F� ><•c z----T (ca ►-r� a� o,1c.�ls� S.>rduw` VAXa% [ice �-c`4Zu'r(i� To )e,a P% v�tl.ili IT 6.�y1iP AoJ ��aJ �e(.. -f.-��r •�+p...Jc,��yt'� cs,Sa ccgo�na.1 ej- '�r1�s /cPt cl s►�.a.� n oc ►noccE -aa '116% °roh 1 es�F�-�.�.rb P.Pt�ra�`s b�t.�aE , r�•��Sl� -ram �c�t•���..5 1z..s�.PCC4V - t, T icpFa�tL o 1.4 To E+CC G-VAv L Ctim -mrc A�?�.K T, +Pgg6 '= P�Cb`��-'P '�'a 3411� -rqm�i 6-') 'La '1-j'C«lwJ¢ �1eC , 4 %xr Ie IS'C r�ps0 LAOCE . 75B-8 MEMORANDUM MCT # 45186 TO: Finance & Management Services Agency Thursday, June 20, 2019 FROM: Planning and Building Agency gao ��on �sr SUBJECT: Miscellaneous Cash Transaction All fees are subject to change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must pay the prevailing rate at the time payment is made. PROJECT NAME: 7-Eleven Store & Gas Station MASTER ID # 2017-139973 PROJECT ADDRESS: 1904 W First St, Santa Ana, CA 92703-3523 AP # 007-332-07 Application # APPL-2019.2-APC Permit # ISSUED TO: Ben Steckler Fiedler Group ADDRESS: 299 N. Euclid Avenue, Suite550 Pasadena, CA 91101 ITEM DESCRIPTION CITY UNIT RATE AMOUNT FUND NO. 1 Appeal (Applicant) 1.0000 $4.256.25 $4,256.25 01116002 53606 Bctch'*5^L75 _ L/OYt t0 Tn. IG.OSALES D6CICC'�{-rVu. T,.n��a {ivKl i of i F.CaaUO«pLOS _ -..-�10 L.L7 GM T^A.n-cct:..n. Tot-.1 tL JO4.L .ly SEH F!EI) LER f2T10 1CL Ch--ch rilyoic 111;25L 14 Comments: Appeal to CUP No. 2019-12, condition no. 25. Issued By: Guevara, Jerry (Planning and Building Agency) NOTES: For payment to be considered complete, a Miscellaneous Cash Transaction (MCT) must be paid in full. Applicant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system. TOTAL MCT AMOUNT. $ 4,256.25 GL Account # Total 01116002 53606 $4,256.25 Page 2 of 3 7 5 B-9 75B-10 EXHIBIT 2 LS 7.16.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019-02 OF THE DETERMINATION OF THE PLANNING COMMISSION TO ADD TWO ADDITIONAL CONDITIONS FOR CONDITIONAL USE PERMIT (CUP) NO. 2019-12 FOR THE 24 HOUR OPERATION OF THE 7 ELEVEN CONVENIENCE STORE TO BE LOCATED AT 1904 WEST FIRST STREET AND UPHOLDING GRANTING OF THE CUP WITH THE ADDITIONAL TWO CONDITIONS FOR THE HEALTH, SAFETY AND GENERAL WELFARE OF THE COMMUNITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 13, 2019 and June 10, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-12 to allow a proposed 7-Eleven convenience store to operate 24 hours a day at 1904 West First Street. After listening to public testimony and consideration of the facts, the Planning Commission conditionally approved CUP No. 2019-12 by a vote of 7:0 and added the following two conditions of approval which are intended to further preserve the health, safety and general welfare of the surrounding community: 1. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi-annual basis to determine if the hours for security shall be reduced or expanded, and 2. The Franchisee shall be an active member of the Cosa Bonita Neighborhood Association. B. On June 20, 2019, the applicant submitted a timely appeal to the City requesting that the City Council reconsider the added conditions of approval by the Planning Commission. C. On July 16, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-02. Resolution No. 2019-xx Page 1 of 7 75B-11 Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission's decision, and the appeal, hereby finds and determines that the Planning Commission's decision was not made in error, that the Planning Commission's decision was not an abuse of discretion by the Planning Commission and that the Planning Commission's decision was supported by substantial evidence in the record. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The City Council of the City of Santa Ana herby denies Appeal Application No. 2019-02, thereby upholding the Planning Commission's approval including the two added conditions of approval of Conditional Use Permit No. 2019-12 as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. for the project located at 1904 West First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for City Council Action dated July 16, 2019, and exhibits attached thereto; the Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of , 2019. Resolution No. 2019-xx Page 2 of 7 75B-12 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: (�1—� Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 3 of 7 75B-13 59197-Tii_1 Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall Resolution No. 2019-xx Page 4 of 7 75B-14 be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any pedod(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The property maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The property maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts Resolution No. 2019-xx Page 5 of 7 75B-15 which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13. There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by"the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2019-xx Page 6 of 7 75B-16 18. Exterior lighting shall be shielded and/or directed away from residential areas. 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. 25. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi- annual basis to determine if the hours for security shall be reduced or expanded. ADDED BYPLANNING COMMISSION 26. The Franchisee shall be an active member of the Cosa Bonita Neighborhood Association. ADDED BY PLANNING COMMISSION Resolution No. 2019-xx Page 7 of 7 75B-17 75B-18 EXHIBIT 3 LS 7.16.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NO. 2019-02 AND REVERSING THE DETERMINATION OF THE PLANNING COMMISSION TO ADD TWO ADDITIONAL CONDITIONS FOR CONDITIONAL USE PERMIT (CUP) NO. 2019-12 FOR THE 24 HOUR OPERATION OF THE 7 ELEVEN CONVENIENCE STORE TO BE LOCATED AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 13, 2019 and June 10, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-12 to allow a proposed 7-Eleven convenience store to operate 24 hours a day at 1904 West First Street. After listening to public testimony and consideration of the facts, the Planning Commission conditionally approved CUP No. 2019-12 by a vote of 7:0 and added the following two conditions of approval which are intended to further preserve the health, safety and general welfare of the surrounding community: There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi-annual basis to determine if the hours for security shall be reduced or expanded, and The Franchisee shall be an active member of the Cosa Bonita Neighborhood Association. B. On June 20, 2019, the applicant submitted a timely appeal to the City requesting that the City Council reconsider the added conditions of approval by the Planning Commission. C. On July 16, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-02. D. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in Resolution No. 2019-xx Page 1 of 10 75B-19 order to grant Conditional Use Permit No. 2019-12, to allow extended hours of operation, have been established as required by SAMC Section 41-638: That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The proposed convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the area. By offering extended hours of operation, 7- Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a blighted site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street comer. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operation will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed in order to mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. The additional two conditions added by the Planning Commission are not needed to protect the health, safety and welfare of persons residing or working in the vicinity because the safety concerns are already addressed by the other conditions of approval included in Exhibit A. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a Resolution No. 2019-xx Page 2 of 10 75B-20 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Resolution No. 2019-xx Page 3 of 10 75B-21 Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Conditional Use Permit No. 2019-12 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and Resolution No. 2019-xx Page 4 of 10 75B-22 expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Appeal Application No. 2019-02 reversing the Planning Commission's decision to add two additional conditions of approval and hereby approves Conditional Use Permit No. 2019-12, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for City Council Action dated July 16, 2019, and exhibits attached thereto; the Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storcir Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2019-roc Page 5 of 10 75B-23 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana Resolution No. 2019-xx Page 6 of 10 75B-24 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably Resolution No. 2019-xx Page 7 of 10 75B-25 satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The property maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The property maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in Resolution No. 2019-xx Page 8 of 10 75B-26 maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 7. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13, There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No LoiteringlTrespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. Resolution No. 2019-xx Page 9 of 10 75B-27 18. Exterior lighting shall be shielded and/or directed away from residential areas. 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-xx Page 10 of 10 75B-28 EXHIBIT 4 LS 6.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Amendment Application No. 2019-02, Conditional Use Permit No. 2019-12 and Variance No. 2019-01 in order to facilitate the construction and operation of a new 2,480-square-foot convenience store (7-Eleven) with an 810-square-foot gas station canopy with two fuel pumps at 1904 West First Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2017-140 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, transportation, hazards and hazardous materials. 75B-29 E. On May 8, 2019, a Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2017-140 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. H. On May 13, 2019 and June 10, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt Mitigated Negative Declaration, Environmental Review No. 2017-140 and the related Mitigation Monitoring and Reporting Program for the project. I. On July 16, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No, 2017-140, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2017-140, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, the Request for Council Action dated July 16, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 75B-30 Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure Section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of 2019. Miguel A. Pulido Mayor 75B-31 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: � C� '4 Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. 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W ?� C N O ,� Y O m m c v O L E O m 0 c U m m O. n'p m m u u N m L N c 3 °u 1O c ` vyi •o '^ u m a y u 12 m` o o r ` my m F � c r a c u 0 _ o U o m o u c m o •y" o o p m v a E o o o v a w t c u` u v v > PTO u u E ,o L `o. L U u 2 c OPi °u o O�pu m Ov Eo v Loc � E E O v wv w `v m H u °` U W, LN aLu m tY O u a n • Omiv 75B-46 c m d c H - E s 0 s d A w C d O a 'q N V C C n `d a � C c 0 W 0 m c E c 0 N U d 9 O L N « N •N 10 d d N QI d m U L C d u C t m a c U o N> a d w C N C m 0 O O E d c � E �-m o o E m m > N u c 0 p o r Mu 3 u +N t.l d 0 d d m d Y m C N N m> N L U C H C a m N C V d > N N u i0 u d U >` d j N L 1id m m d d C d L Y 75B-47 75B-48 EXHIBIT 5 LS 6.10.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (Cl) TO GENERAL COMMERCIAL (C2) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), filed Amendment Application No. 2019-02 with the City of Santa Ana to change the zoning designation of the parcel located at 1904 West First Street from Light Industrial (M1) to General Commercial (C2) in order to facilitate the construction a new 2,480-square-foot convenience store (7- Eleven) with an 810-square-foot gas station canopy with two fuel pumps that will accommodate up to four vehicles at a time. B. In addition, the City of Santa Ana is proposing to amend the zoning designation of 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (Cl) to General Commercial (C2). C. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-02, which is consistent with the General Plan land use designation of the subject properties. D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 16, 2019. Ordinance No. NS-XXXX Page 1 of 5 75B-49 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 16, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019- 02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real properties located at 1904, 1910, 1916, and 2002 West First Street and 1901 West Walnut Street and Amended Sectional District Map Number 14-5-10 showing the above described change in use district designation (AA No. 2019-02). This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated July 16, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration (Environmental Review No. 2017-140) prepared with respect to this project. The City Council has, as a result of its independent consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2017- 140 meets all the requirements of CEQA. Section 4. The zoning designations of the real properties located at 1904 West First Street, 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street are hereby changed from Light Industrial (M1) to General Commercial (C2) and the zoning designation of the real property located at 2002 West First Street is hereby changed from Community Commercial (C1) to General Commercial (C2). An amended Sectional District Map Number 14-5-10, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 2 of 5 75B-50 Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions'), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this _ day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:jea::�L /- Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 3 of 5 75B-51 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 4 of 5 75B-52 Exhibit A Isr sr ss •iy,Rn i B■®l� yL ,=w Ri_ YI� ■ nl ® :::r�l FI ( nl Pr m n RI � ••'r N e I m Y ar F w 1 LP nr.u.rral nr ,r - RI i .-R rW Rr .�IN•. �-MMI wl f �E _� .r • S ` nM.uu IN pl v O PI PI PI MCFAOpEN AY i V �' al S vmr.w 3 RI � Rr ��r. . u...r J I •• r� I ®9/ �: <I ! _ R F G � .^. v ,r d � i RI Y F • M1wu{/� � si 9 nl f. P ZONING DISTRICTS AI G[VLi.YAGRICKiU1A; W4 SCYTN 4MN STIIQT CCNL♦i\::A LYsT IC Tl�6fMLTA6GE�CE •{ IMRW MXI/IG\TCN CI COIAt.TT'CON.6I;:SLL 6G CQYOVEAVTCAT[R A3 N:RTPLYfMILYII[SCO1L[ -02 OYBIAY ZGi C0.D CONI.I.f.ITYGGLf&XNL-INSFUAI.IGT 41 lNi1RNPHTRNL 14 518UgMIMMTIlNi lIIC MV$R9Cf.TML C: GE`A,.4 CCSI.RR:ML 1C NUYY tL{.STRILL 11E tpGB.TML {STALE Q'AbCFLaT u RANVp SNOFPNGcBF O OFEVG A= SO SMFCDIMOF&l -IOC NpGMMG T. Cl ARi{IINLGCSAgCNL I PMMSCNAL 5P MCF.M.MI CIL CCIA®N}N. IIGC NI SML".A%Ry AMEWE cil IAMOMSTOIIMU1Z 9 SECTIONAL DISTRICT MAP: 14-5-10 e R�. CITY OF SANTA ANA. CALIGORNIA Ordinance No. NS-XXXX Page 5 of 5 75B-53 75B-54 EXHIBIT 6 MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration (MND) and Technical Appendices are available at the following locations: Online: https://www.santa-ana.org/7-eleven-convenience-store-gas-station-1904-w-first-street Paper Copies: Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 7-Eleven at 1904 West First Street MITIGATED NEGATIVE DECLARATION LINK 75B-55 75B-56 EXHIBIT 7 Ls 6.1DA9 RESOLUTION NO. 2019-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-12 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7- ELEVEN CONVENIENCE STORE LOCATED AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-12 to allow a 7- Eleven convenience store to operate 24 hours a day located at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-12. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-12, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a Resolution No. 2019-25 Page 1 of 10 75B-57 convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the area. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a blighted site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operation will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed in order to mitigate any negative impacts to the surrounding 'community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the presenl economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour Resolution No. 2019-25 Page 2 of 10 75B-58 basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Resolution No. 2019-25 Page 3 of 10 75B-59 Reporting Program (" MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record �- supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Conditional Use Permit No. 2019-12 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or f any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-25 Page 4 of 10 75B-60 Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No: 2019-12, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10'" day of June, 2019. AYES: Commissioners: Alderete, Benavides Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (7) NOES: Commissioners: None. ABSENT: Commissioners: None ABSTENTIONS: Commissioners: None e Mark oughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: kc- Lisa Storck Assistant City Attorney Resolution No. 2019-25 Page 5 of 10 75B-61 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: �`�� � v � � d Cmi�' Recording Secretary City of Santa Ana Resolution No. 2019-25 Page 6 of 10 75B-62 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the Citys Water Efficient Landscape Ordinance. All utilities shall be properly screened. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably Resolution No. 2019-25 Page 7 of 10 75B-63 satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. The property maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The property maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions Resolution No. 2019-25 Page 8 of 10 75B-64 upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 7. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13. There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 18. Exterior lighting shall be shielded and/or directed away from residential areas. Resolution No. 2019-25 Page 9 of 10 75B-65 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. 25. There shall be an on -site security guard from 6:00 a.m. to 10:00 p.m. and the Santa Ana Police Department shall review police activity for the site on a semi- annual basis to determine if the hours for security shall be reduced or expanded. Added by Planning Commission on June 10, 2019. 26. The Franchisee shall be an active member of the Cosa Bonita Neighborhood Association. Added by Planning Commission on June 10, 2019. Resolution No. 2019-25 Page 10 of 10 75B-66 LS 6.10.19 RESOLUTION NO. 2019-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-01 AS CONDITIONED TO ALLOW AN ADDITIONAL MONUMENT SIGN AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant'), is requesting approval of Variance No. 2019-01 as conditioned, to allow one additional monument sign at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC) Section 41-862 limits the number of freestanding signs a property can have based on the sites street frontage. The applicant is requesting approval of a variance to allow one additional monument sign on -site. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2019-01. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2019-01 for one additional monument sign, have been established: That because of special circumstances applicable to the subject property, including - size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the location of the property. The property is located at the southwest corner of First Street and Daisy Avenue. Pursuant to State Business and Profession Code (BPC) Section 13531, Resolution No. 2019-26 Page 1 of 6 75B-67 businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other unit { of measurement, the trademark or brand of the fuel, the word gasoline or the name of other fuel, and the grade designation of the fuel. Such signage is required to be clearly visible from the street adjacent from the premises and if the property is located at an intersection, such signage needs to be clearly visible from each street intersection. In order to comply with the State's regulations, the Applicant is proposing to install one monument sign along First Street to allow visibility for motorists traveling east and west on First Street, and one monument sign along Daisy Avenue to allow visibility for motorists traveling north and south on Daisy Avenue. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The additional monument sign is necessary in order to increase visibility and comply with the State regulations. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The additional monument sign will be consistent with other monument signs in the general area. The monument sign will not incorporate any flashing or moving elements that may distract motorists. Additionally, the structure of the sign is designed to be consistent with the materials and color schemes of those used in the facades of the buildings in the development. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for one additional monument sign will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element and Land Use Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in Resolution No. 2019-26 Page 2 of 6 75B-68 commercial districts. The project will provide for a new convenience store and service station along a major corridor. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Policy 2.9, supports developments that create a business environment that is safe and attractive. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Variance No. 2019-01 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, Resolution No. 2019-26 Page 3 of 6 75B-69 departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2019-01, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. V' ADOPTED this loth day of June, 2019. AYES: Commissioners: Alderete, Benavides Cano Contreras -Leo, McLoughlin, Nguyen, Rivera (7) NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTENTIONS: Commissioners: None. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-26 Page 4 of 6 75B-70 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: 0 � I� f � �I Recording Secretary City of Santa Ana Resolution No. 2019-26 Page 5 of 6 75B-71 EXHIBIT A r, — Conditions of Approval for Variance No. 2019-01 Variance No. 2019-01 to allow one additional monument sign at a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. `. 4. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 5. Applicant shall comply with the Conditions of Approval outlined in Conditional Use Permit No. 2019-12. 6. The proposed monument signs shall comply with the regulations outlined in Section 41-862 of the SAMC, unless otherwise stated below. The monument signs shall be architecturally compatible with the proposed convenience store and include a stone base. a. The monument sign along First Street shall not exceed six feet in overall height and the overall height plus the overall width shall not exceed 16 linear feet. The sign area of the monument sign shall not exceed 45 square feet. The project address shall be located on the monument base of the monument sign. b. The monument sign along Daisy Avenue shall not exceed four feet in overall height and the overall height plus the overall width shall not exceed 15 linear feet. The sign area of the monument sign shall not exceed 30 square feet. Resolution No. 2019-26 Page 6 of 6 75B-72 EXHIBIT 8 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 10, 2019 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2017-140, AMENDMENT APPLICATION NO. 2019.02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 TO FACILITATE CONSTRUCTION OF A 7-ELEVEN CONVENIENCE STORE AND SERVICE STATION LOCATED AT 1904 WEST FIRST STREET — BEN STECKLER, APPLICANT {STRATEGIC PLAN NO.3, 21 Prepared by Jerry C. Guevara PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO O ` Executive Director Planning Manager RECOMMENDED ACTION 1. Recommend that the City Council adopt and approve Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), Environmental Review No. 2017-140; 2. Adopt a resolution conditionally approving Conditional Use Permit No. 2019-12, subject to approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Amendment Application No. 2019-02 by the City Council and the recommended conditions of approval and any other limitations and/or conditions the Planning Commission may wish to impose; and 3. Adopt a resolution conditionally approving Variance No. 2019-01, subject to approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Amendment Application No. 2019-02 by the City Council and the recommended conditions of approval and any other limitations and/or conditions the Planning Commission may wish to impose; and 4. Recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-02. Executive Summary Ben Steckler with Fiedler Group, representing 7-Eleven, Inc., is requesting approval of an Amendment Application (AA) to change the zoning of the property from Light Industrial (M-1) to General Commercial (C-2) to facilitate the construction of a new 2,480-square-foot convenience 75B-73 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 2 store (7-Eleven) with an 810-square-foot gas station canopy with two fuels pumps that would accommodate up to four vehicles at a time at 1904 West First Street. Additionally, the request includes approval of a conditional use permit (CUP) to allow the convenience store to operate 24- hours per day, seven days per week and a variance application (VA) to allow one additional monument sign on -site. In conjunction with the applicant's request, the City is proposing to amend the zoning designation of 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (C1) to General Commercial (C2) to be consistent with the existing General Commercial (GC) General Plan land use designation of these properties. In accordance with the California Environmental Quality Act, an initial study and mitigated negative declaration (IS/MND) was prepared for this project. Approval and adoption of the MND and Mitigation Monitoring and Reporting Program (MMPP) is required by the City Council. Staff is recommending approval of the project as conditioned to facilitate redevelopment of a blighted site with a convenience store and gas station that will serve the community and generate sales tax revenue for the City. The project will not negatively impact the surrounding community and is compatible with the surrounding land uses. This project was considered at the May 13, 2019 Planning Commission meeting. During the public hearing, the applicant had a few concerns with the proposed mitigation measures and conditions of approval. In response to those concerns, the Planning Commission continued the item to May 28, 2019 and subsequently to June 10, 2019 to allow time for the applicant to work with staff to resolve the concerns. Table 1: Project and Location Information Item Information Project Address 1904 West First Street Nearest Intersection First Street and Daisy Avenue General Plan Designation General Commercial Existing Zoning Designation Light Industrial (M-1) Proposed Zoning Designation General Commercial (C-2) Surrounding Land Uses North Sin le-Famil ResidentiallCommercial East Sin le-Famil ResidentiallCommercial South I Vacant Lot West I Commercial Property Size 17,336 square feet (0.40 acres) Existing Site Development The site Is currently developed with a 1,610-square-foot restaurant building that has been vacant since 2016 and would be demolished as part of this project. Use Permissions/Proposed Development A 2,480-square-toot convenience store subject to approval of a zone change from M-1 to C-2 After Hours operation subject to approval of a CUP 75B-74 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 3 Item Information SAMC Sections 41-365(a), 41-365(q) and 41- Zoning Code Sections Uses 365.5 h Development & Operational SMAC Section 41-378 to 41-386 & 41-374 Affected Standards Entitlements SAMC Chapter 41, Article V, Division I and Division II Project Background and Chronology The existing restaurant building was built in 1960 as a drive -in -restaurant. The building was last occupied by Antojitos Don Chepe restaurant and has been vacant since 2016. In November 2017, the Planning Division received this development application request and has been working with the applicant to refine the site plan and building design. In accordance with the Sunshine Ordinance, the applicant held two community meetings on December 12, 2017 and February 8, 2018 to review the proposed development and receive feedback from the community and adjacent property owners and residents. A total of seven members of the public attended. The community raised concerns about safety, potential traffic impacts, and the sale of alcoholic beverages. The sale of alcoholic beverages at this location is not allowed per the City s alcoholic beverage ordinance. On May 13, 2019, the Planning Commission held a public hearing to consider the project. At the public hearing, the applicant expressed concerns with the mitigation measures and proposed conditions of approval. The applicant's concerns and their resolutions are listed below: (a) Concern: Transportation Mitigation Measure No. 1 restricting access driveways along Daisy Avenue to left -in, right -in and right -out only. Resolution: The applicant submitted a revised traffic site analysis (TSA), attached hereto within Exhibit 13, to address and correct the southerly Daisy Avenue driveway restrictions. The revised TSA was reviewed and approved by the City's Public Works Agency. In addition, the Final MND has been revised to reflect this change and Transportation Mitigation Measure No. 1 has been removed. (b) Concern: Condition No. 4 of the CUP requiring an alternative trash enclosure location/design that complies with the Crime Prevention Through Environmental Design (CPTED) principals. Resolution: The applicant submitted a revised site plan to address Condition No. 4 of the CUP, attached hereto as Exhibit 7. The trash enclosure has been pushed to the rear of the property along the south property line and the pedestrian walkway leading from Daisy Avenue to the front of the convenience store is now located in front of the trash enclosure. The revised site plan has been determined to be acceptable by staff and, therefore, the condition has been removed. 75B-75 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 4 (c) Concern: Condition No. 18 of the CUP prohibiting truck deliveries between the hours of 8:00 p.m. and 7:00 a.m. Resolution: The applicant met with staff to resolve the hours of truck deliveries. Staff has modified this condition to provide flexibility to meet the needs of 7-Eleven and is recommending that truck deliveries be prohibited between the hours of 11:00 p.m. and 6:00 a.m. (d) Concern: Condition No. 5 of the VA limiting the size of the monument sign along First Street to 20 square feet in size and four feet in height and the monument sign along Daisy Avenue to 20 square feet in size and four feet in height. Resolution: Staff has modified this condition and is recommending that the monument sign along First Street not exceed 6 feet in height with a maximum sign area of 45 square feet and the monument sign along Daisy Avenue not exceed 4 feet in height with a maximum sign area of 30 square feet. Protect Description The applicant is proposing to demolish the existing 1,610-square-foot restaurant building and all site improvements to facilitate the construction of a new 2,480-square-foot 7-Eleven convenience store and 810-square-foot gas station canopy. The gas station canopy includes two fueling pump stations that will accommodate four vehicles. The project also includes surface parking with ten parking spaces and approximately 2,795 square feet of landscaping. Site access will be provided via three driveways, one located along First Street and two located along Daisy Avenue. The northerly driveway along Daisy Avenue will be restricted to left -in, right -in, right -out only. The 7-Eleven convenience store is proposing to operate on a 24-hour, seven days a week basis. The architecture of the convenience store has been designed as a contemporary Spanish style building and features stone and stucco finishes, steel canopies and trellises, and a clay tile roof. The gas station canopy also features the same finishes and style. Tables 2A and 2B provide a detailed comparison of the project's compliance with the applicable land use and development standards. Table 2A: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit Requirements Convenience Store and Service Station Subject to approval of the proposed Amendment Application by City Council Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours Subject to approval of a Conditional Use Permit of 12:00 midnight and 5:00 a.m. 75B-76 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 5 Table 2B: Development Standards Standard Allowed per SAMC Proposed Front yard 15 feet minimum Complies; 15 feet Side yard street 15 feet minimum Complies: 15 feet Side yard interior None Complies; 5 feet Rear yard None Complies; 0 feet Lot Size & Frontage 15,000 sq. ft. and 120 feet of street frontage Complies; 17,336 square feet and 240 feet of frontage Building height 35 feet maximum Convenience Store: Complies; 24 feet, 4 inches Gas Station Canopy: Complies; 22 feet, 5 inches Off-street Parking 12 parking spaces Complies: 12 spaces Floor Area Ratio F.A.R. 0.50 FAR maximum Complies; 0.19 FAR Driveway Width service station 35 feet maximum Complies; 30 feet Monument Sign 1 monument sign maximum Variance required; 2 monument signs Project Analysis Amendment Application (Zone Change) The applicant is requesting approval of an amendment application (zone change) to change the zoning of the subject property from M-1 to C-2. The zone change will allow for a larger convenience store than what the M-1 zone allows and will be consistent with the City's General Plan. The M-1 zoning limits the size of convenience stores ancillary to service stations to 2,000 square feet. In addition, as part of this application, the City is also proposing to change the zoning designation of the adjacent properties from M-1 and C-1 to C-2. The C-2 zoning designation will be consistent with the City's General Plan land use designation of General Commercial (GC). The C-2 zoning district allows for auto services and no use nonconformity will be created by this zone change. Table 3: Existing and Proposed Zoning Property Address Current Use Existing General Existing Zoning Proposed Zoning Plan 1904 West First Street Restaurant General Commercial Light Manufacturing General GC M-1 Commercial C-2 1910 West First Street Auto General Commercial Light Manufacturing General Services GC M-1 Commercial C-2 1916 West First Street Auto General Commercial Light Manufacturing General Services / (GC) (M-1) Commercial (C-2) Restaurant 2002 West First Street Auto General Commercial Community General Services GC Commercial C-1 Commercial C-2 1901 West Walnut Street Vacant General Commercial Light Manufacturing General GC M-1 Commercial C-2 75B-77 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 6 The 1998 General Plan land use map designates the subject properties as GC, with the C-2 designation being a compatible zoning district as identified in Table A-3 (Correlation of Land Use Designations and Zoning Districts) of the General Plan. The GC designation applies to commercial corridors in Santa Ana including those located along First Street. The GC districts are key components in the economic development of the City and provide visible and accessible commercial developments along the City's transportation corridors. In addition, the GC land use designation is intended to provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment and education. It is also intended to provide support facilities and services for industrial areas such as office and retail, restaurants and various other services. Conditional Use Permit for After -Hours Operation The applicant is requesting approval of CUP No. 2019-12 to allow the proposed 7-Eleven convenience store to operate on a 24-hours day, seven days a week basis, which is typical for a 7- Eleven store. Pursuant to SAMC Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary impacts. The project site is bounded by commercial uses to the north, single-family residences and auto - body repair uses to the east, commercial and auto -repair uses to the west, and a vacant lot to the south. The proposed hours of operation are consistent with other convenience stores and service stations along First Street (i.e. those at 2646 West First Street and 2702 West First Street). The proposed after-hours operations will provide an ancillary service to the community and individuals seeking to have a morning coffee and/or snack, especially for those who wake up early for work. In addition, this -promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. However, in order to preserve the health, safety and general welfare of persons residing in the vicinity, staff is recommending that truck deliveries be limited and not occur between the hours of 11:00 p.m. and 6:00 a.m., as per Condition No. 18 of the Conditions of Approval for CUP No. 2019-12 (attached hereto as Exhibit 1). Monument Sign Variance Lastly, the applicant is requesting approval of VA No. 2019-01 to allow one additional monument sign on -site. Section 41-862 of the SAMC limits the number of monument signs on a site based on linear street frontage. One sign is permitted on lots with 299 feet of frontage or less. Based on the street frontage of 241 feet, the site only qualifies to have one monument sign. The applicant is requesting approval of a variance to allow one additional monument sign in order to comply with State regulations. Pursuant to Business and Professions Code (BPC) Section 13531, businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other 75B-78 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 7 unit measurement, the trademark or brand of the fuel, the word gasoline or the name of other fuel, and the grade designation of the fuel. Such signage needs to be clearly visible from the street adjacent to the premises and if located at an intersection, such signage is required to be clearly visible from each street of the intersection. The applicant is proposing to install one monument sign along First Street to allow visibility for motorist traveling east and west on First Street and another monument sign along Daisy Avenue to allow visibility for motorist traveling north and south on Daisy Avenue (refer to Exhibit 11 for Monument Sign Visibility Diagrams). The second monument sign would be located on a landscape planter along Daisy Avenue between the two driveways. Since Daisy Avenue is not a major arterial street and in order to preserve the neighborhood character, staff is recommending that the monument sign along Daisy Avenue not exceed four feet in height and 30 square feet in sign area, as per Condition No. 6 of the Conditions of Approval for VA No. 2019-01 (attached hereto as Exhibit 2). Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA; Strategic Plan Alignment,'and Public. Notification& Community Outreach-, CEQA. A Mitigated Negative Declaration (MND), Environmental Review No. 2017-140, with technical studies was prepared for the project. No areas of unavoidable impacts were determined from the construction or operation of the proposed project (Exhibit 12). The CEQA Type project requires adoption and approval of a Mitigation Monitoring and Reporting Program (MMRP), which contains mitigation measures to address biological resources, geology and soils, noise, transportation, and hazardous and hazardous materials. The Planning Commission will consider this MND in their review of the project. On May 8, 2019, the draft MND was circulated to interested parties and the notice of intent Public Circulation (NOI) was published in the Orange County Register and posted with the County of Orange Clerk. The draft MND was available for public review at the Santa Ana City Hall, City of Santa Ana Main Library, and on the roject's web a e on the Cit 's website. Strategic Plan. Alignment . ' Goal(s), Policy or Approval of this item supports Goal No. 3 (Economic Development) Objective No. 2 Policies (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinancepolicies) of the Cit s Strategic Plan. Public Notification & Community Outreach Site posting A public notice was posted on the project site on May 2, 2019. Notification by mail Notification by mail was sent to all property owners and Required Measures occupants within 500 feet of the project site on May 2, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on May 3, 2019. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on December 12, 2017 and February 8, 2018 from 6:00 p.m. to 8:00 p.m. at Monte Vista Elementary (2116 West Monte Vista Avenue) in accordance with the provisions of the City's Sunshine Ordinance. A total of 7 members of the public attended. The applicant provided all the required information to the City after the meeting Exhibit 12). The representatives of Casa Bonita and Artesia Pilar Neighborhood Associations were Additional Measures contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no issues of concern were raised regarding the proposed project. 75B-79 ER No. 2017-140, AA No. 2019-02, CUP No. 2019-12 & VA No. 2019-01 June 10, 2019 Page 8 Economic Develoument The project will generate property tax revenue, sales tax revenue, temporary jobs, permanent jobs and services for the community. Property tax revenue will increase as the lot will be redeveloped with a new convenience store and service station and the total net value of the property will also increase. According to the most recent tax roll, the property is currently valued at $335,498, resulting in approximately $7,000 in annual property tax. Of this amount the City of Santa Ana receives approximately $1,400. Upon completion, the property is estimated to be valued at approximately $650,000 and generate $2,600 in property tax revenue for the City of Santa Ana. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. Based on sales volume estimates provided by 7-Eleven, the location will provide additional sales tax revenue to the City that is estimated to be over $30,000 annually. In addition, 7-Eleven estimates 10 to 20 new job opportunities will be created at this specific location. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve CUP No. 2019-12 and VA No. 2019-01, subject to the recommended conditions of approval, as outlined on the attached resolutions, and any other limitations and/or conditions the Planning Commission may wish to impose and recommend that the City Council approve and adopt ER No. 2017-140 and AA No. 2019-02. Z Jerry C. Guev ra Assistant Planner I S:1Plennillg CommissimA2019�6-10-1917-Eleven a11904 W. ISMCel. AA No. 1"Z CUP No. 19-12 & VA No. 19-OW-Eleven AA19-02, CUP19-12 & VA19-01.SWftRaWtpeAa Exhibits: 1. CC Resolution for MND, ER No. 2017-140 2. PC Resolution for CUP No. 2019-12 3. PC Resolution for VA No. 2019-01 4. CC Ordinance for AA No. 2019-02 5. Vicinity Zoning & Aerial View 6. Site Photo 7. Site Plan 8. Floor Plan 9, Elevations 10. Landscape Plan 11. Monument Sign Visibility Diagrams 12. Sunshine Ordinance Minutes 13. Mitigated Negative Declaration & Technical Studies 14. Mitigated Negative Declaration Received Comment Letters 75B-80 EXHIBIT 1 75B-81 This page left blank intentionally. 75B-82 LS 6.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AND APPROVING MITIGATED NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO. 2017-140 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO AMENDMENT APPLICATION NO. 2019-02, CONDITIONAL USE PERMIT NO. 2019-12 AND VARIANCE NO. 2019-01 FOR THE PROJECT LOCATED AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Amendment Application No. 2019-02, Conditional Use Permit No. 2019-12 and Variance No. 2019-01 in order to facilitate the construction and operation of a new 2,480-square-foot convenience store (7-Eleven) with an 810-square-foot gas station canopy with two fuel pumps at 1904 West First Street. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to the Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2017-140, for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, transportation, hazards and hazardous materials. 75B-83 E. On May 8, 2019, a Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2017-140 was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the Mitigated Negative Declaration were made available for a 20-day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. The mitigation measures set forth in the Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. H. On May 13, 2019 and June 10, 2019, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt Mitigated Negative Declaration, Environmental Review No. 2017-140 and the related Mitigation Monitoring and Reporting Program for the project. I. On July 2, 2019, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No. 2017-140, and the related Mitigation Monitoring and Reporting Program for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration (MND), Environmental Review No. 2017-140, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, the Request for Council Action dated July 2, 2019, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 75B-84 Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 5. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure Section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of 2019. Miguel A. Pulido Mayor 75B-85 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana 75B-86 0 `U O 0 N C 6 — E 0 u `0 0 m +c w q w C O 0 'q a m c c o•- I N m C 0 °? 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N_ IO j u= a 75B-101 This page left blank intentionally. 75B-102 EXHIBIT 2 75B-103 This page left blank intentionally. 75B-104 LS 6.10.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-12 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS AT A NEW 7- ELEVEN CONVENIENCE STORE LOCATED AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-12 to allow a 7- Eleven convenience store to operate 24 hours a day located at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) requires approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-12. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-12, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a Resolution No. 2019-xx Page 1 of 10 75B-105 convenience store offering service past 12:00 midnight, which is consistent with other similar uses in the area. By offering extended hours of operation, 7-Eleven will better serve the community by providing added convenience and a one -stop shopping experience. The project will redevelop a blighted site with a new convenience store with ancillary gas sales. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting and security cameras. This will help activate and beautify the street corner. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed after-hours operation will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. Conditions have been placed in order to mitigate any negative impacts to the surrounding community. 7-Eleven is an established convenience store chain with established policies and procedures, including an employee training program focused on security, which will ensure minimal calls for service. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow 7-Eleven to remain competitive with similar uses in the area which offer similar goods found in convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour Resolution No. 2019-xx Page 2 of 10 75B-106 basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable code and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Resolution No. 2019-xx Page 3 of 10 75B-107 Reporting Program (" MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Conditional Use Permit No. 2019-12 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this conditional use permit shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2019-xx Page 4 of 10 75B-108 Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-12, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10'h day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-xx Page 5 of 10 75B-109 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 6 of 10 75B-110 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-12 Conditional Use Permit No. 2019-12 for after-hours operation (seven days a week and 24 hours a day) associated with a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The Applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 5. Prior to the issuance of a building permit, a full landscape and irrigation plan shall be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably Resolution No. 2019-xx Page 7 of 10 75B-111 satisfactory to the City Attorney. The property maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the property maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The property maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The property maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions Resolution No. 2019-xx Page 8 of 10 75B-112 upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the property maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 7. The Applicant shall provide the Police Department with a security plan for store operations which will mitigate exterior attractive nuisances associated with the late night operations. The security plan is to be approved by the Police Department. 8. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 10. Window displays and racks must be kept at a maximum height of three feet including merchandise and cannot obstruct the cashier's view to the outside. 11. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 12. A silent armed robbery alarm shall be installed. 13. There shall be no coin -operated games maintained on the premises at any time. 14. No pay telephones shall be located on the premises. 15. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 16. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside and outside the premises with a resolution which will clearly identify individuals for later identification. 17. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 18. Exterior lighting shall be shielded and/or directed away from residential areas. Resolution No. 2019-xx Page 9 of 10 75B-113 19. Truck deliveries shall not occur between 11:00 p.m. and 6:00 a.m. 20. The use shall be conducted, at all times, in a manner that will allow the quite enjoyment of the surrounding neighborhood. The Applicant and/or business owner shall institute appropriate security and operational measures necessary to comply with this requirement. 21. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 22. Sale of alcoholic beverages shall be prohibited. 23. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 24. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-xx Page 10 of 10 75B-114 EXHIBIT 3 75B-115 This page left blank intentionally. 75B-116 LS 6.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2019-01 AS CONDITIONED TO ALLOW AN ADDITIONAL MONUMENT SIGN AT 1904 WEST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant'), is requesting approval of Variance No. 2019-01 as conditioned, to allow one additional monument sign at 1904 West First Street. B. Santa Ana Municipal Code ("SAMC) Section 41-862 limits the number of freestanding signs a property can have based on the sites street frontage. The applicant is requesting approval of a variance to allow one additional monument sign on -site. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the SAMC. D. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing for Variance No. 2019-01. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant Variance No. 2019-01 for one additional monument sign, have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the location of the property. The property is located at the southwest corner of First Street and Daisy Avenue. Pursuant to State Business and Profession Code (BPC) Section 13531, Resolution No. 2019-xx Page 1 of 6 75B-117 businesses selling motor vehicle fuel to the public are required to display the fuel price per gallon, liter, or other unit of measurement, the trademark or brand of the fuel, the word gasoline or. the name of other fuel, and the grade designation of the fuel. Such signage is required to be clearly visible from the street adjacent from the premises and if the property is located at an intersection, such signage needs to be clearly visible from each street intersection. In order to comply with the State's regulations, the Applicant is proposing to install one monument sign along First Street to allow visibility for motorists traveling east and west on First Street, and one monument sign along Daisy Avenue to allow visibility for motorists traveling north and south on Daisy Avenue. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The additional monument sign is necessary in order to increase visibility and comply with the State regulations. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. The additional monument sign will be consistent with other monument signs in the general area. The monument sign will not incorporate any flashing or moving elements that may distract motorists. Additionally, the structure of the sign is designed to be consistent with the materials and color schemes of those used in the facades of the buildings in the development. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for one additional monument sign will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as retail, service and eating establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element and Land Use Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Policy 1.10, encourages the location of commercial centers at arterial roadway intersections in Resolution No. 2019-xx Page 2 of 6 75B-118 commercial districts. The project will provide for a new convenience store and service station along a major corridor. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Policy 2.9, supports developments that create a business environment that is safe and attractive. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Variance No. 2019-01 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, Resolution No. 2019-xx Page 3 of 6 75B-119 departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2019-01, as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is fully contingent upon the City Council's consideration and certification of the MND prepared for the project and approval of Amendment Application No. 2019-02. In the event that the City Council does not certify the MND, any approvals granted in this Resolution shall be null and void. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10'h day of June, 2019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson Resolution No. 2019-xx Page 4 of 6 75B-120 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 5 of 6 75B-121 EXHIBIT A Conditions of Approval for Variance No. 2019-01 Variance No. 2019-01 to allow one additional monument sign at a 7-Eleven convenience store is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. This approval is to allow a 2,480 square foot convenience store (7-Eleven) with an 810 square foot gas station canopy with four fuel pumps that will operate 24 hours per day, seven days a week. 2. All proposed site improvements must conform to Development Project Review (DP No. 2017-38) and the staff report exhibits. 3. The applicant shall comply with the Mitigations Measure within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the variance must be amended. 5. Applicant shall comply with the Conditions of Approval outlined in Conditional Use Permit No. 2019-12. 6. The proposed monument signs shall comply with the regulations outlined in Section 41-862 of the SAMC, unless otherwise stated below. The monument signs shall be architecturally compatible with the proposed convenience store and include a stone base. The monument sign along First Street shall not exceed six feet in overall height and the overall height plus the overall width shall not exceed 16 linear feet. The sign area of the monument sign shall not exceed 45 square feet. The project address shall be located on the monument base of the monument sign. b. The monument sign along Daisy Avenue shall not exceed four feet in overall height and the overall height plus the overall width shall not exceed 15 linear feet. The sign area of the monument sign shall not exceed 30 square feet. Resolution No. 2019-xx Page 6 of 6 75B-122 EXHIBIT 4 75B-123 This page left blank intentionally. 75B-124 LS 6.10.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2019-02 REZONING THE PROPERTIES LOCATED AT 1904 WEST FIRST STREET, 1910 WEST FIRST STREET, 1916 WEST FIRST STREET, AND 1901 WEST WALNUT STREET FROM LIGHT INDUSTRIAL (M1) TO GENERAL COMMERCIAL (C2) AND 2002 WEST FIRST STREET FROM COMMUNITY COMMERCIAL (Cl) TO GENERAL COMMERCIAL (C2) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ben Steckler with Fiedler Group, representing 7-Eleven, Inc. ("Applicant'), filed Amendment Application No. 2019-02 with the City of Santa Ana to change the zoning designation of the parcel located at 1904 West First Street from Light Industrial (M1) to General Commercial (C2) in order to facilitate the construction a new 2,480-square-foot convenience store (7- Eleven) with an 810-square-foot gas station canopy with two fuel pumps that will accommodate up to four vehicles at a time. B. In addition, the City of Santa Ana is proposing to amend the zoning designation of 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street from Light Industrial (M1) to General Commercial (C2) and 2002 West First Street from Community Commercial (Cl) to General Commercial (C2). C. On May 13, 2019 and June 10, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2019-02, which is consistent with the General Plan land use designation of the subject properties. D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 2, 2019. Ordinance No. NS-XXXX Page 1 of 5 75B-125 G. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 2, 2019 accompanying this matter. H. For these reasons, and each of them, Amendment Application No. 2019- 02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council of the City of Santa Ana hereby adopts an ordinance rezoning the real properties located at 1904, 1910, 1916, and 2002 West First Street and 1901 West Walnut Street and Amended Sectional District Map Number 14-5-10 showing the above described change in use district designation (AA No. 2019-02). This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated July 2, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration (Environmental Review No. 2017-140) prepared with respect to this project. The City Council has, as a result of its independent consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2017- 140 meets all the requirements of CEQA. Section 4. The zoning designations of the real properties located at 1904 West First Street, 1910 West First Street, 1916 West First Street, and 1901 West Walnut Street are hereby changed from Light Industrial (M1) to General Commercial (C2) and the zoning designation of the real property located at 2002 West First Street is hereby changed from Community Commercial (Cl) to General Commercial (C2). An amended Sectional District Map Number 14-5-10, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 2 of 5 75B-126 Section 6. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. ADOPTED this day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 3 of 5 75B-127 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 4 of 5 75B-128 yl R, ZONING DISTRICTS 7 At C-8l_-R.1LllCR'QRTURIL L511 SCUTNL•ANSTRFfTCOlD.ER LOGT. n WY F. YR CE -B FAR!¢Y-61 , MIDN Cl CGD.RtSiG'CCLY&RLNL OC GOYEFIIL'i`1lCEM.ER R3 LFATPLEG.V.IIYT�?T,e110E -OZ OVRI.AYZCIVE C4D C3 6ILLF.NiYCAl9.GRCNL-WSa't11.10^ui. EE`ERSLGCSSpIGRL 111 IC LGMf9,ffi]RAL HFAYYCLIIBTRMl Wt RE SW_V.'�MII➢Mi1. RESC6VTNL 6�TAT£ -6� ftAN>IDRTeC@RIti' 0=/C.OGLIIR G FLA SIbGPN3C@Dmt O OF@1GAW SO SFE VSY FLL -fOZ IOOMCGSRCTY C4 iipiinilCNAL Sf fiGECF1 FG CR C.tQC3iGLRECEViNL R, Gm,A YRMEE OZ, LRROE OY@,t V=Z SECTIONAL DISTRICT MAP: 14-5-10 e `...�� CITY OF SANTA ANA. CA FORNTA Ordinance No. NS-XXXX Page 5 of 5 75B-129 This page left blank intentionally. 75B-130 EXHIBIT 5 75B-131 ER No. 2017-140, AA No. 2019-02 & CUP No. 2019-12 M II �•� I •� `, A � i � t 1 R2 e'er F'�• j� I[ r �19�'' 'Sy e Yi 1�911 S t -- pp 1 I RI �ta $nlle-bmi1Y Reddens. — ie.a.tam N Residence s e ro +c rzmem ,. aw A 1F 7* Fw-,... S'M r • r- m q! r it Rt: J.'[. , i m IE a[. R , ka. c IR e ''l Sp r pl SpeziftD ve!opmeat NnnedSM1 p0 6C t iill i ■ .j a f: Sc 14 M CemmuniryCammercialmuseom CnrM mG Cces,. aYGcmmn tial is«enn Cvmmtrtial R3 Gintnl Commercial LiEnt lnOuslnal Heel d.stnal ire!e:sicnal _ r Gn rnmmtGen[er _ y CCen Space � +. � G..enliNa:pnl 'r. iirl�litR11iR1d—sp: Z 201 V Dinital Man Prndiirta. All rinhtc rPerrvnrl. 75B-132 EXHIBIT 6 75B-133 N r O r O N O Z a D JU d "V L N N O � w O ` N LL w O y Z Q O _ O O r r n r O N O Z w W 75B-134 EXHIBIT 7 75B-135 I W® ?t ']3( ESI11a �pg[pg�y •�p�S�2 1 ,low ■e�[.+$y�[e[�/aI;ill�i��i�I33 ytlklS 2 y V n ggn E @ 3 y Fig'�Sgjyey .6J Yg9 yi [ Jpf N 3�S• k � S gg gg @l z q�w' SP SiN R5 q€ p p99a 3:A"S�3r a [ r g� r �2 aa;;pp Yy gg €.9 yy pp5p aa ggp $g 9e° 34` w 55R op€ [ z Y§ € i w�6�3id SeSd1xYCS �93�f�5ET64E EsEs SWiug LL 3y9y6�5 353{[, E2 b. a g"Y S(PM tlS Y y�@� 6S[[[[[[[H[H 6 HH[H[[[[[[[[[[E[[ H ¢¢¢¢5 '�� 9 E �yE 3i E.Qggw 3y p£ 8w 2 !n R6EY o E8E €38 N HSSS.a 53:[Y4 N 4 : ' .,II rR[33iH 3,„ ugp p � —------._�—t33atsxsiva�s—�------------V m� r— .GO'261 .4,9{30.Wu Y. 9L3 L (`. L] A I 1 \0 L R[ i�dfiilC00�0000000 o � r 9 W e p B 6 o = Y . 5 � . w o m m w U' Q EXHIBIT 8 75B-137 WdNOO 035OdOW dnuiLaIW9 r Q EXHIBIT 9 75B-139 SNOLLYA3l3 tl01b31X3 U35CtlOtltl � �^r +=^m++ °' ABUiono YJ VNVYNYS � :AB NNYtlp ® /`(/���'1 A6M1O B1331YB 161'M R91 n p1Yl[IFO 3LY0 @LZEE /Efi90bOL# LPL F•"dnm86atpay J crvwsinscrvc..c��ca cw�M 6wspsw�rorvswi'mm Amnmoh+ms I �� + vasoxw 3mc ........-. I ®II d. OdOVd. �P _. _ `�&._,g ^ "� 'k )R[ §)qk �§§§ §� d � . ,■ �\ . � .■ r � , M Ma , � § . \ 06 �\ �- § § ■ .`_ §; ){ . z 75B.141 This page left blank intentionally. 75B-142 EXHIBIT 10 75B-143 !illfi,3� CDb5i 3 i!•, a W■ �•' �� 5 g 3r� ! ''=3 If P�ffI,i llgo!�f�i�i IulOi!li!e • u �OPP x x e x x = og9� kn 'ae jig 99�d . jr€ Agg WC� S 3 gggyy�9 ®' =li' waFF� oF 02Mgt, p €@a01�62 11;. 3 oa 4�da g g£ o a 9 a p eg ve'y A a 3 tl •eR A 33 g3 p'A aO g• � q ep �2An7 3s¢3ee p a HL g 8 I s 3 gag'g°"g �g `e� 'At' g% q$9 8 a 998 p $ti9? a3a 3 €a` S��• 39p; p85 ¢s rF p .. _.. tg a a 7g §g 3 zmNMV ASIVO HinOS O --� ----i , ED XO� -- w v0' � •ID: i a �eF ji EXHIBIT 11 75B-145 4+ wC' W r 75B-146 b a 75B-147 This page left blank intentionally. 75B-148 EXHIBIT 12 75B-149 PROJECT = 1904 W First Street, Santa Ana, CA Public Meetings Recap: Two public meetings were conducted at the local elementary school auditorium. There were 6-9 people at each meeting (as shown on the sign -in sheets) plus the project planner Mr. Jerry Guevara and the project proponents (Ms. Lorene Muniz attended the first meeting), Ms. Michelle Moore (attended the second meeting), Ms. Sherrie Olson and Mr. Ben Steckler). The meetings were informal with Mr. Steckler and Ms. Olson giving brief summaries of the project and displaying the project plans that had been submitted to the City plus handing out reduced color versions of the plans to the attendees, followed by a questions/comment period which included responses to each of the questions/comments received. Unfortunately, no meeting minutes were taken. The public attendees at the meetings included people both in support and in opposition to the project. The supporters were more silent and came to the project proponents after the meeting to provide their support (due to concerns they had about one of the people in opposition). The initial concern raised by the opponents was about the sale of beer and wine, to which the proponents indicated that this location was not going to sell beer and wine. This ensued in a long discussion about the beer and wine concerns, and the proponents indicated that the City code in Santa Ana would not allow for it at this location, and this appeased the concerns of the public attendees. Then the opponents indicated they had enough 7-Elevens in Santa Ana already, and did not need another. The proponents responded indicating that the site would be a brand new layout offering what we believed to be as safe and secure development as possible via on -site lighting and security cameras/surveillance as well as the layout of the site being supportive of Crime Prevention Through Environmental Design (CPTED) standards, with the structure in the rear, and the open areas to the public facing First Street and/or the intersection area of Daisy Ave. so that any police driving by could see into the site and the store. The opposition also indicated that the neighborhood was high -crime (one of them even recanted a story about someone in a gang nearby doing drugs off the hood of his car), and they were concerned about the possibility of people hanging out around the project site causing issues in the neighborhood. The proponents responded indicating again that the site was designed to prevent as much as possible any crimes being committed on the site and that the employees would have access to emergency call buttons for help in case anything did occur, besides describing the CPTED design and the on -site lighting and security measures (cameras and video surveillance). The opponents asked about the lighting, if it would glare into the nearby homes, and the proponents indicated that the lighting would be in compliance with current codes requiring safe on -site lighting that is directed down toward the site itself, in order to provide as safe and secure of an environment as possible via the new site design and improvements, while meeting the code standards which are in place specifically for the 75B-150 general health and well-being of the community. The public attendees also raised concerns that the development would bring more homeless to the area. The proponents responded that the store layout would not allow them to hide or camp anywhere and that the employees would not allow them to loiter in front of the store. The proponents also indicated that the existing site has had to be cleaned up from the current homeless and other nefarious characters who are using the site due to the lack of any public presence at the abandoned restaurant, indicating that the proposed new development would h strongly discourage any homeless or other nefarious activity at the site by providing 24 hour operation that has security cameras that will record the activity onsite and help to deter not only problem activity at the site, but also in the immediate vicinity. Various City police departments have used security footage from the surveillance systems to apprehend people who have committed crimes at other locations and were fleeing along adjacent streets but were caught on the security cameras and identified for apprehension. The proponents truly believe that the proposed development will be a safe and secure "good neighbor' in the community. In addition to the two meetings, the proponents had reached out directly to the community and received signatures in support of the project from numerous residents within the community. The support signatures have been provided to the project planner, Mr. Jerry Guevara for inclusion in the project file. 75B-151 7-11 NOTICE OF PUBLIC MEETING SIGN —IN SHEET TUESDAY, DECEMBER 12, 2017 6PM -8PM 1904 W 1st STREET, SANTA ANA, CA 92703 NAME !! ADDRESS 1 PHONE# 2. �ikl, 3. CR Y (71 P, y1CZ Cc 4.�J�y F �Ji4cv� 1 e) y 54 02l$�/F�1U� 7/�f �G�J-32�p 7. SOVIfil O Ctgi C-e-2_ > W "2c�o� 8. 9. 10. 11. 12. 13. 14. 7-11 NOTICE OF PUBLIC MEETING SIGN -IN SHEET THURSDAY,FEBRUARY 8,2018 6PM -8PM 1904 W 15C STREET, SANTA ANA, CA 92703 NAME ADDRESS PHONE# 1.yyyw� 2. X-)viet- 3. �je�/h Zar, Zori S. F�•lGlrh s �. C7/Y� 7G Y- /yJ 3 4. L-7M 14,10 L � 6. 7. 8. 9. 10. 11. 12. 13. 14. 75B-153 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which news- paper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 5, 2017 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: December 5, 2017 Signature The Orange County Register 2190 S. Towne Centre Place Anaheim, CA 92506 (714) 796-2209 PROOF OF PUBLICATION 7-Eleven Cordially invites no to a community InfafmallPa meeting •`•Note —Change of m^efin9 ;APPIiCanl: 7-ELEVEN ING jProiect Request: Request to allow a Proposed new upscale 24 hour ,7.Eleven Market wah Gas Station. Conditional Us- Permit with Zone 'Change. PrapertYAddress: 1904 W ist STREET., SANTA ANA, CA 92703 7-Eleven will canduct o Public meetin concerning the above Request. You are Invited to offend and prov7de comment. PLACE: Monte Vista ElemEMory 2116 W Manta Vista, Santo Anal CA 9270E l ,DATE: TUESDAY, DECEMBER 12,2017 TIME: 6:00PM-OPM 1f you have 'Questions regarding this event or you require Iaaguye InterprElMion services in languages other than EnglMtu Please conlad Shortie Olson 907ib7.168a or shertieolson7�gmall.rnm Publish: Orange County Register Decamber5, 2017 17049319. 75B-154 Proposed Project location > to a (g mm1tsf��•�a � 1 d P'^ t- � ? Q q�9 ***Note — Change of meeting elate******* Applicant: 7-ELEVEN INC. Project Pequest: Request to allow a proposed new upscale 24 hour 7- Eleven Market with Gas Station. Conditional Use permit with Zone change. Property Address: 1904 W I' STREET., SANTA ANA, CA 92703 7-Eleven will conduct a public meeting concerning the above request. You are invited to attend and provide comment. PLACE- Monte Vista Elementary 2116 W IV[i onta Vjsta, Santa Asia, CA 92703 DATE: TUESDAY, DECEMBER 129 2017 TEWE: 6:00FM -8PM If you have questions regarding this event or you require language interpretation services in languages other than English, please contact Sherrie Olson 909-467-1880 or sherrieolson2@gmaii.com 75B-155 E� Ubleaci®n del proyeeto propuesto > —i - F N aYtlN: 7-210veff 80 Iflyka C©rrdeagmenee a 05900290. a Una rreung@'n d(@- !nf@F-fflw ®w (do Is C©meow®rjad ' Obse' °rvese ell mmblD ale fech . de reunnnMn Solicitante: 7-ELEVEN INC. Solicitud de proyeeto: Solicitud de una nueva propuesta de una escala de 7-Eleven mercado abierto las 24 horas con la gasolinera. Penniso de use conditional con canibio de zona. de la propiedad: 1904 W I". STREET., SANTA ANA, CA 92703 7-Eleven llevari a cabo una reuni6n puiblien sobre esta solicitud. Les invitamos a asistir y proporcionar comeutario. PLACE: LUGAR: Monte Vista Elementary 2116 W Monta Vista, Santa -Ana, CA 92703 DATE /FECI�IA: Martes,12 de dielembre de 2017 TffME: 6:00 PM - 8PM Si usted tiene preguntas acerea de este evento o que requieren servicios de interpretaci6n de idionias en idiomas distintos del inglds, por favor, p6ngase en contacto con: Sherrie Olson 909-467-1380 or sherrieolson2@gmaii.com Proposed Project location > 7-Weven Cardlaffy invites you to community information ***Note — Change of meeting date******* Applicant: 7-ELEVEN INC. Project Request: Request to allow a proposed new upscale 24 hour 7- Eleven Market with Gas Station. Conditional Use permit with Zone change. Property Address: 1904 W In STREET., SANTA ANA, CA 92703 7-Eleven will conduct a public meeting concerning the above request. You are invited to attend and provide comment. PLACE: Monte Vista Elementary 2116 W Monta Vista, Santa Ana, CA 92703 DATE: THURSDAY, FEBRUARY 8, 2018 TIME: 6:OOPM -8PM If you have questions regarding this event or you require language interpretation services in languages other than English, please contact Sherrie Olson 909-467-1880 or sherrieolson2@gmaii.com gmail.com Ubicacibn del proyecto propuesto > 7-Eleven ie invita cardMimente a azistir a una reunion de inf®Pmaei®n de la c®rr unidad *** Observese el cambio de ffecha de reunion *" Solicitante: 7-ELEVEN INC. Solicitud de proyecto: Solicitud de una nueva propuesta de Una escala de 7-Eleven mercado abierto las 24 horas con la gasolinera. Permiso de use condicional con cambio de zona. de In propiedad: 1904 W I". STREET., SANTA ANA, CA 92703 7-Eleven llevarb a cabo una reuni6n p6blica sobre esta solicitud. Les invitamos a asistir y proporcionar comentario. PLACE: LUGAR: Monte Vista Elementary 2116 W Monta Vista, Santa Ana, CA 92703 X)ATE /FECHA: Jueves, 8 cue febrero de 2018 — - -- — — TIME: 6:00 PM - 8PM Si usted tiene preguntas acerca de este evento o que requieren servicios de interpretacion de idiomas en idiomas distintos del inglds, por favor, p6ngase en contacto con: This page left blank intentionally. 75B-159 This page left blank intentionally. 75B-160 EXHIBIT 13 75B-161 MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration (MND) and Technical Appendices are available at the following locations: Online: https://www.santa-ana.org/7-eleven-convenience-store-gas-station-1904-w-first-street Paper Copies: Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 7-Eleven at 1904 West First Street MITIGATED NEGATIVE DECLARATION LINK 75B-162 EXHIBIT 14 75B-163 Letter No. 1 GAEME.LE NO BAND OF MISSION INDIAN5 - KIZH NATION Historically known as The San Ga6riel j)and of Mission Indians recognized 6,9 the State of California as the aboriginal tri6e of the Los Angeles basin Notice of Intent to Adopt An Initial Study/ Mitigated Negative Declaration May 10, 2019 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Good Morning Jerry C. Guevara, We have received your Notice of Intent to adopt a Negative Declaration for the 7-Eleven Convenience Store and Service Station Project in the location of Orange County. Our Tribal Government would like to be consulted if any ground disturbance will be conducted for this project. Sincerely, Gabrieleno Band of Mission Indians/Kizh Nation (1844) 390-0787 Office 75B-164 Letter No. 2 SENT VIA E-MAIL AND USPS: May 14, 2019 JGuevara(&s anta-ana.org Jerry C. Guevara, Assistant Planner I City of Santa Ana, Planning Division 20 Civic Center Plaza (P.O. Box 1988) Santa Ana, CA 92701 Mitigated Negative Declaration (NIND) for the Proposed 7-Eleven Convenience Store and Service Station South Coast Air Quality Management District (South Coast AQMD) staff appreciates the opportunity to comment on the above -mentioned document. The following comments are meant as guidance for the Lead Agency and should be incorporated into the Final MND. South Coast AOMD Staff's Summary of Project Description The Lead Agency proposes to demolish a 1,610-square-foot restaurant, and construct a 2,480-square-foot convenience store, an 810-square-foot gasoline service canopy with two pumps, and two 20,000-gallon underground storage tanks on 0.15 acres (Proposed Project). Construction of the Proposed Project is expected to begin in October 2019 and last seven months'. Responsible Agency, Air Permit, and Compliance with South Coast AOMD Rules Since the Proposed Project includes the operation of a gasoline service station with two pumps and installation of underground storage tanks, a permit from South Coast AQMD will be required, and South Coast AQMD should be identified as a Responsible Agency for the Proposed Project in the Final MND. Should there be any questions on permits, please contact South Coast AQMD's Engineering and Permitting staff at (909) 396-3385. For more general information on permits, please visit South Coast AQMD's webpage at: htip://www.agmd.gov/bome/pemmts. The Final MND should also include discussions to demonstrate compliance with applicable South Coast AQMD Rules, including, but not limited to, Rule 201 — Permit to Construct, Rule 203 — Permit to Operate;, Rule 461 — Gasoline Transfer and Dispensing', Rule 1170 — Methanol Compatible Fuel Storage and Transfers, and Rule 1401 — New Source Review of Toxic Air Containments6. It is important to note that assumptions used in the air quality and health risks analyses in the Final MND will be used as the basis for permit conditions and limits. If there is any information in the permitting process suggesting that the Proposed Project would result in significant adverse air quality and/or health risks impacts not discussed in the Final MND or substantially more severe air quality and/or health risks impacts than those discussed in the Final MND, the Lead Agency should commit to reevaluating the Proposed Project's air quality and health risks impacts through a CEQA process (CEQA Guidelines Section 15162). The 2015 revised Office of Environmental Health ' MND. Page. 26. 1 South Coast AQMD. Rule 201 —Permit to Construct. Accessed at: htty://www.a(jmd.eov/dots/default-source/mle-book/ree- ii/rule-201.ndf. 7 South Coast AQMD. Rule 203 —Pemut to Operate. Accessed at: htto://www.agmd.eov/docs/default-source/rule-book/ree- ii/rule-203.pdf. 4 South Coast AQMD. Rule 461 —Gasoline Transfer and Dispensing. Accessed at: httr)://vnvw.acimd.gov/docs/default- source/mle-book/mle-iv/rule-46 Lodf. 6 South Coast AQMD. Rule 1170 — Methanol Compatible Fuel Storage and Transfer. Accessed at: http://www.agmd.gov/does/default-source/mle-book/reg-xi/mle- 1170.pdf. 6 South Coast AQMD. Rule 1401 — New Source Review of Toxic Air Contaminants. Accessed at: btty://www.ag md.gov/dots/default-source/rule-book/reg-xiv/rule-1401.r)df. 75B-165 Hazard Assessment (OEHHA) methodology' is being used by South Coast AQMD for determining operational health impacts for permitting applications and also for all CEQA projects where South Coast AQMD is the Lead Agency. Conclusion Pursuant to CEQA Guidelines Section 15074, prior to approving the Proposed Project, the Lead Agency shall consider the MND for adoption together with any comments received during the public review process. Please provide South Coast AQMD with written responses to all comments contained herein prior to the adoption of the Final MND. When responding to issues raised in the comments, response should provide sufficient details giving reasons why specific comments and suggestions are not accepted. There should be good faith, reasoned analysis in response. Conclusory statements unsupported by factual information do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful, informative, or useful to decision makers and the public who are interested in the Proposed Project. South Coast AQMD staff is available to work with the Lead Agency to address any air quality questions that may arise from this comment letter. Please contact me at Isunna,aumd.eov, should you have any questions. Sincerely, ze)if t scut Lijin Sun, J.D. Program Supervisor, CEQA IGR Planning, Rule Development & Area Sources LS ORC 190509-01 Control Number ' Office of Environmental Health Hazard Assessment. "Notice of Adoption of Air Toxics Hot Spots Program Guidance Manual for the Preparation of Health Risk Assessments 2015". Accessed at: https://ochha.ca.aov/air/emr/notice-adoption-air-toxics- hot-spots-nmu=-Ruidance-manual-preparation-health-risk-0. 75B-166 Letter No. 3 M OCTA May 28, 2019 BOARD OFDIRECTORS Tun Shan Chairman Mr. Jerry C. Guevara Shove Jones Yrce Chairman City of Santa Ana Planning Division 20 Civic Center Plaza (PO Box 1988) UsaA Donlon Director Santa Ana, CA 92701 Doug Chaffee Director Subject: 7-Eleven Convenience Store and Service Station Mitigated Laurie Davies Negative Declaration Director Qtmara Doiglelze Director Dear Mr. Guevara: Andrea Do Director Thank you for providing the Orange County Transportation Authority (OCTA) with Mocha el Hennessey DIICLte1 the Mitigated Negative Declaration for the 7-Eleven Convenience Store and Gene Hernandez Service Station (Project). The following comments are provided for your Director consideration: Jose F. Moreno D:ioctor a Please clarify the existing conditions for all Orange County Master Plan of Joe Afuller Arterial Highways (MPAH) facilities within the study area. Director Mark A.Murphy . Raitt Street is planned as a secondary arterial highway (four -lane, Director undivided) on the MPAH, but is currently built as a two-lane facility. Please Richard Murphy Director update the Project analysis with an accurate reflection of current and future configurations related to Raitt Street. M,iguetpulido Director Michelin Sheet • IS/MND, Transportation, Study Area Intersections, on page 102 states Director 'Table 15 lists the five key study intersections evaluated in the report in Dould P. Wagner accordance with the scope of work approved by the City of.Santa Ana." Director Please clarify why Table 15 shows six key study intersections. GregoryT VGnterboltom Director • IS/MND, Transportation, City of Santa Ana LOS and Significance Criteria, Ryan Chamberlain Ex-Offrcia Member on page 102 states "For signalized intersections that have an existing LOS of F, a project increase of 1 percent of capacity is considered significant." As stated, the City's acceptable level of service is LOS D or better. Are ;HIEFEXECUTIVE OFFICE signalized intersections that have an existing LOS of E, with a project Darrell E. Johnson increase of 1 percent of capacity, also considered significant? Chief Executive Officer • Appendix H, Section 4.3.2 Cumulative Projects Traffic, provides information on future projects in the vicinity of the study area. Please jJ5WvuZA71partafion Authority 550 South MainSfreet/P.0 4'Y r��r�//California 92863-1584 /(714)560-0CTA (6282) Mr. Guevara May 28, 2019 Page 2 consider the proposed changes in the Santa Ana Circulation Element Update. Throughout the development of this project, we encourage communication with OCTA on any matters discussed herein. If you have any questions or comments, please contact me at (714) 560-5907 or at dphu neocta.net: Sincerely, /4 X� Dan Phu Manager, Environmental Programs 75B-168 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 16, 2019 TITLE: APPROVED PUBLIC HEARING — REPORT ON ❑ As Recommended WATER QUALITY RELATIVE TO ❑ Or Amended ❑ Ordinance on 9s' Reading PUBLIC HEALTH GOALS ❑ Ordinance on 2^a Reading (STRATEGIC PLAN NO. 5, 6) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY M AGER RECOMMENDED ACTION Receive and file the report on Water Quality Relative to Public Health Goals. DISCUSSION The California Environmental Protection Agency Office of Environmental Health Hazard Assessment establishes Public Health Goals (PHGs) for drinking water contaminants. The PHGs are guidelines and are not requirements for any public water system. PHGs are frequently much lower than the Maximum Contaminant Levels (MCLs) established by the United States Environmental Protection Agency (USEPA). Under provisions of the California Health and Safety Code, the City is required to prepare a special report every three years identifying water quality measurements that have exceeded PHGs (Exhibit 1). For the years of 2016, 2017, and 2018, the report depicts that Santa Ana's drinking water continues to meet all State of California Department of Health Services, and USEPA, drinking water standards set to protect public health (Exhibit 2). While the City's drinking water content of naturally occurring uranium, arsenic, perchlorate, and hexavalent chromium levels exceeded the recommended PHG levels (Exhibit 3), the report finds that for these naturally occurring elements, additional treatment would be very expensive, marginally effective, and would not result in significant reduction of the contaminants; therefore, no action is proposed. State law specifies that a public hearing be held for the purpose of accepting and responding to public comments on the report. This public hearing meets the legal requirement. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents). 75C-1 Public Hearing — Report on Water Quality Relative to Public Health Goals July 16, 2019 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT is no fiscal impact associated with this action a Fuad Execute Director Public qorks Agency FS/NS/RR Exhibits: 1. City of Santa Ana Report on Water Quality Relative to Public Health Goals 2. California Health and Safety Code § 116470 3. Listing of all Regulated Constituents with MCLs and PHGs or MCI -Gs 75C-2 EXHIBIT 1 JUNE 2019 861 Village Oaks Drive, Suite 100 -Covina, California 91724 Phone: (626) 967-6202 • Fax: (626)331.7065 • Website:www.stetsonengineers.com Northern California Southern California < Arizona • Colorado * Oregon 75C-3 2019 Public Health Goals (PHGs) Report City of Santa Ana 1.0 Introduction Under the Calderon -Sher Safe Drinking Water Act of 1996 public water systems in California serving greater than 10,000 service connections must prepare a report containing information on 1) detection of any contaminant in drinking water at a level exceeding a Public Health Goal (PHG), 2) estimate of costs to remove detected contaminants to below the PHG using Best Available Technology (BAT), and 3) health risks for each contaminant exceeding a PHG. This report must be made available to the public every three years. The initial report was due on July 1, 1998, and subsequent reports are due every three years thereafter. This report has been prepared to address the requirements set forth in Section 116470 of the California Health and Safety Code. It is based on water quality analyses during calendar years 2016, 2017, and 2018 or, if certain analyses were not performed during those years, the most recent data available. The report has been designed to be as informative as possible, without unnecessary duplication of information contained in the Consumer Confidence Reports, which are mailed to customers by July 1st of each year. There are no regulations explaining requirements for the preparation of PHGs reports. A workgroup of the Association of California Water Agencies (ACWA) Water Quality Committee has prepared suggested guidelines for water utilities to use in preparing PHGs reports. The ACWA guidelines were used in the preparation of this 2019 report. These guidelines include tables of cost estimates for BAT. The State of California (State) provides ACWA with numerical health risks and category of health risk information for contaminants with PHGs. This health risk information is appended to the ACWA guidelines. City of Santa Ana 1 2019 PHGs Report 75C-4 2.0 California Drinking Water Regulatory Process California Health and Safety Code Section 116365 requires the State to develop a PHG for every contaminant with a primary drinking water standard or for any contaminant the State is proposing to regulate with a primary drinking water standard. A PHG is the level of a contaminant in drinking water that poses no significant health risk if consumed for a lifetime. The process of establishing a PHG is a risk assessment based strictly on human health considerations. PHGs are recommended targets and are not required to be met by any public water system. The State office designated to develop PHGs is the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA). The PHG is then forwarded to the State Water Resources Control Board, Division of Drinking Water (DDW) for use in revising or developing a Maximum Contaminant Level (MCL) in drinking water. The MCL is the highest level of a contaminant that is allowed in drinking water. California MCLs cannot be less stringent than federal MCLs and must be as close as is technically and economically feasible to the PHGs. DDW is required to take treatment technologies and cost of compliance into account when setting an MCL. Each MCL is reviewed at least once every five years. Total chromium and two radiological contaminants (gross alpha particle and gross beta particle) have MCLs but do not yet have designated PHGs. For these contaminants, the Maximum Contaminant Level Goal (MCLG), the federal U.S. Environmental Protection Agency (USEPA) equivalent of PHGs, is used in the 2019 PHGs Report. N-nitrosodimethylamine (NDMA) has a PHG of 3 nanograms per liter, but is not regulated in drinking water with a primary drinking water standard. Bromodichloromethane, bromoform, and dichloroacetic acid are three disinfection byproducts that have federal MCI -Gs of 0 but are not individually regulated with primary drinking water standards. According to the ACWA guidance and instructions from City of Santa Ana 2 2019 PHGs Report 75C-5 DDW, these four chemicals do not have to be included in the 2019 PHGs Report because they do not have an existing MCL. 3.0 Identification of Contaminants Section 116470(b)(1) of the Health and Safety Code requires public water systems serving more than 10,000 service connections to identify each contaminant detected in drinking water that exceeded the applicable PHG. Section 116470(f) requires the MCLG to be used for comparison if there is no applicable PHG. The City of Santa Ana (City) water system has approximately 44,838 service connections. The following constituents were detected at one or more locations within the drinking water system at levels that exceeded the applicable PHGs or MCLGs: • Arsenic — naturally -occurring in local groundwater • Bromate — formed when naturally -occurring bromide reacts with ozone during the disinfection process. • Coliform Bacteria, Total — naturally -occurring in the environment but can also be an indicator of the presence of other pathogenic organisms originating from sewage, livestock or other wildlife. • Perchlorate — industrial contamination in groundwater • Gross alpha particle activity (gross alpha) — naturally -occurring in local groundwater and surface water purchased from MWDSC • Gross beta particle activity (gross beta) — naturally -occurring in surface water purchased from MWDSC • Uranium — naturally -occurring in local groundwater and in surface water purchased from MWDSC. The accompanying chart shows the applicable PHG or MCLG and MCL for each contaminant identified above. The chart includes the maximum, minimum, and average City of Santa Ana 3 2019 PHGs Report 75C-6 concentrations of each contaminant in drinking water supplied by the City in calendar years 2016 through 2018. 4.0 Numerical Public Health Risks Section 116470(b)(2) of the Health and Safety Code requires disclosure of the numerical public health risk, determined by OEHHA, associated with the MCLs, Action Levels, PHGs and MCLGs. Available numerical health risks developed by OEHHA for the contaminants identified above are shown on the accompany chart. Only numerical risks associated with cancer -causing chemicals have been quantified by OEHHA. Arsenic — OEHHA has determined the health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk associated with the MCL is 2.5 excess cases of cancer in 1,000 people exposed over a 70-year lifetime. Bromate — OEHHA has determined the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk associated with the MCL is 1 excess cases of cancer in 10,000 people exposed over a 70-year lifetime. Coliform Bacteria, Total — OEHHA has not established a PHG. USEPA has established an MCLG of 0. Gross Alpha — OEHHA has not established a PHG. USEPA has established an MCLG of 0 and the risk associated with the MCL is 1 excess case of cancer in 1,000 people over a lifetime exposure. Gross Beta — OEHHA has not established a PHG. USEPA has established an MCLG of 0 and the risk associated with the MCL is 2 excess cases of cancer in 1,000 people over a lifetime exposure. City of Santa Ana 4 2019 PHGs Report 75C-7 Perchlorate — OEHHA has not established a numerical health risk for perchlorate because PHGs for non -carcinogenic chemicals in drinking water are set at a concentration at which no known or anticipated adverse health risks will occur, with an adequate margin of safety. Uranium — OEHHA has determined the theoretical health risk associated with the PHG is 1 excess case of cancer in a million people. USEPA has determined the risk associated with the MCL is 5 excess cases of cancer in 100,000 people exposed over a 70-year lifetime. 5.0 Identification of Risk Categories Section 116470(b)(3) of the Health and Safety Code requires identification of the category of risk to public health associated with exposure to the contaminant in drinking water, including a brief, plainly worded description of those terms. The risk categories and definitions for the contaminants identified above are shown on the accompanying chart. 6.0 Description of Best Available Technology Section 116470(b)(4) of the Health and Safety Code requires a description of the best available technology , if any is available on a commercial basis, to remove or reduce the concentrations of the contaminants identified above. The BATS are shown on the accompanying chart. 7.0 Costs of Using Best Available Technologies and Intended Actions Section 116470(b)(5) of the Health and Safety Code requires an estimate of the aggregate cost and cost per customer of utilizing the BATs identified to reduce the concentration of a contaminant to a level at or below the PHG or MCLG. In addition, Section 116470(b)(6) requires a brief description of any actions the water purveyor City of Santa Ana 5 2019 PHGs Report 75C-8 intends to take to reduce the concentration of the contaminant and the basis for that decision. Arsenic — The BATs for removal of arsenic in water for large water systems are: activated alumina, coagulation/filtration, electrodialysis, ion exchange, lime softening, oxidation/filtration, and reverse osmosis. Arsenic was detected above the PHG in the local groundwater (Wells 37 and 38). The City is in compliance with the MCL for arsenic. The estimated cost to reduce arsenic levels in local groundwater to below the PHG of 0.004 microgram per liter (tag/1) using ion exchange was calculated. Because the DDW detection limit for purposes of reporting (DLR) for arsenic is 2 tag/I, treating arsenic to below the PHG level means treating arsenic to below the DLR of 2 tag/l. There are numerous factors that may influence the actual cost of reducing arsenic levels to the PHG. Achieving the water quality goal for arsenic could be approximately $1,500,000 per year, or $32 per household per year. Bromate — The BATs for removal of bromate in water for large water systems are: coagulation/filtration optimization, granular activated carbon, and reverse osmosis. Bromate was detected above the PHG in surface water supplied by MWDSC. The City is in compliance with the MCL for bromate. The estimated cost to reduce bromate levels in MWDSC surface water to below the PHG of 0.1 pg/l using reverse osmosis was calculated. Because the DDW detection limit for purposes of reporting (DLR) for bromate is 1 tag/l, treating bromate to below the PHG level means treating bromate to below the DLR of 1 tag/l. There are numerous factors that may influence the actual cost of reducing bromate levels to the PHG. Achieving the water quality goal for bromate could range from approximately $2,610,000 to $22,230,000 per year, or between $58 and $496 per household per year. Coliform Bacteria, Total — The BAT for removal of coliform bacteria in drinking water has been determined by USEPA to be disinfection. The City already disinfects all water served to the public. Chlorine or chloramines is used to disinfect the water because it is City of Santa Ana 6 2019 PHGs Report 75C-9 an effective disinfectant and residual concentrations can be maintained to guard against biological contamination in the water distribution system. Coliform bacteria are indicator organisms that are ubiquitous in nature. They are a useful tool because of the ease in monitoring and analysis. The City collects weekly samples for total coliforms at various locations in the distribution system and monthly at each well. If coliform bacteria are detected in the drinking water sample, it indicates a potential problem that needs to be investigated and followed up with additional sampling. It is not unusual for a system to have an occasional positive sample. Although USEPA set the MCLG for total coliforms at 0 percent positive, there is no commercially available technology that will guarantee 0 percent positive every single month; therefore, the cost of achieving the PHG cannot be estimated. The City will continue several programs that are in place to prevent contamination of the water supply with microorganisms. These include: Disinfection using chlorine or chloramines and maintenance of a chlorine residual at every point in the distribution system Monitoring throughout the distribution system to verify the absence of total coliform and the presence of a protective chlorine residual • Flushing program in which water pipelines known to have little use are flushed to remove stagnant water and bring in fresh water with residual disinfectant • Cross -connection control program that prevents the accidental entry of non - disinfected water into the drinking water system. Gross Alpha, Gross Beta, and Uranium — The only BAT for the removal of gross alpha in water for large water systems is reverse osmosis, which can also remove gross beta, and uranium, if detected. Gross alpha was detected above the MCLG in the local groundwater and in the surface water supplied by MWDSC. Gross beta was detected above the MCLG in the surface water supplied by MWDSC. Uranium was detected above the PHG in the local groundwater (Wells 16, 18, 20, 21, 24, 27, 28, 29, 30, 33, City of Santa Ana 7 2019 PHGs Report 75C-10 34, 35, 36, 37, 38, 39, and 41) and in the surface water supplied by MWDSC. The cost of providing treatment using reverse osmosis to reduce gross alpha levels in local groundwater and in MWDSC surface water to the MCLG of 0 picoCurie per liter (pCi/1) (and consequently gross beta in MWDSC surface water below the MCLG; and uranium in local groundwater and in MWDSC surface water below the PHG) was calculated. Because the DLR for gross alpha is 3 pCi/l, treating gross alpha to 0 pCi/I means treating it to below the DLR of 3 pCi/I. Achieving the water quality goal for gross alpha could range from $8,690,000 to $74,100,000 per year, or between $194 and $1,651 per household per year. Perchlorate — The BATS for removal of perchlorate in water are: ion exchange and biological fluidized bed reactor. Perchlorate was detected above the PHG in the local groundwater (Well 24). The City is in compliance with the MCL for perchlorate. The estimated cost to reduce perchlorate levels in local groundwater to below the PHG of 1 pg/I using ion exchange was calculated. Because the DLR for perchlorate is 4 pg/I, treating perchlorate to below the PHG level means treating perchlorate to below the DLR of 4 lag/l. There are numerous factors that may influence the actual cost of reducing perchlorate levels to the PHG. Achieving the water quality goal for perchlorate could range from $105,000 to $226,000 per year, or between $2.33 and $5.04 per household per year. All Contaminants — In addition, a cost estimate to treat all water produced or purchased by the City using ion exchange and reverse osmosis to remove all the contaminants detected above the PHGs or MCLGs was calculated. All the contaminants listed in the accompanying chart may be removed to non -detectable levels by ion exchange and reverse osmosis, except total coliform bacteria. As shown on the accompanying chart, achieving the water quality goals for all contaminants, except total coliform bacteria, using ion exchange and reverse osmosis could range from $8,800,000 to $74,300,000 per year, or between $196 and $1,657 per household per year. City of Santa Ana 8 2019 PHGs Report 75C-11 For additional information, please contact Mr. Robert Hernandez, Water Services Quality Supervisor, at (714) 647-3341, or write to the City of Santa Ana, 220 South Daisy Avenue, Santa Ana, California 92703. City of Santa Ana 2019 PHGs Report 75C-12 wo 9 S Uia V wN �' V C v ,Ua o g a «� rc 0 LL O W 3° ° y° K m K W w w aU LU Li W V b b b N a a .o- a C'h N u a ry r N N p y y W 6 f Z x y p o x I 140 U K Ufa Z U U w U U U I F MO U U N a j z z o c N z 3 zo U a OWE Z N Z Z N m ONE w ul z m Z Z Z v Z v Z m U> 0 Z N e m a UKJ a0f e p I p w w Elm e = E Qy W �n E e K J c U U' a FF U W J C z2_ ° 2 a € ° U a a v' Ko u m o 0¢ m E U o e ° o o m u o Er z¢`ma U`ci5 w m � 0 o v° z � a U= ro ° Eyy`� 6'ctlb iE E2 mcE Oam'F°v c'rvc� v 3' ooc SEU m F �jp U;m�OW OxK Bi �II II F WASH III 4D < II II 11 OK 3 8 9 2 E Y '5 �v 5 Eo 5 � yv �i YyL' E 8W - E _ � � m d E vat 8 � _ $ I 3 E� E ° NW j �D v f 9 wmcEa �F 0 K E „la. "C Nja a G E 11gaa s s� e� EaEeEm v. g E ES aao mEE6.p�na.E€ �nH9P o'er o .,F i E.6 iwi .=Eccy L°°c 883 5 tai .6 v° yMANUiEao0 jjQQ��EEE E U yU_W F'U'JJ^II I ",Hq 11MMWwa � sa�9zzzImy JV— IQ 75C-14 "n I IAfE OF CALI FORK IA - ;'- AUTHENTICATED t..� ELECTRONIC LEGAL MATERIAL ". State of California HEALTH AND SAFETY CODE Section 116470 EXHIBIT 2 116470. (a) Asa condition of its operating permit, every public water system shall annually prepare a consumer confidence report and mail or deliver a copy of that report to each customer, other than an occupant, as defined in Section 799.28 of the Civil Code, of a recreational vehicle park. A public water system in a recreational vehicle park with occupants as defined in Section 799.28 of the Civil Code shall prominently display on a bulletin board at the entrance to or in the office of the park, and make available upon request, a copy of the report. The report shall include all of the following information: (1) The source of the water purveyed by the public water system. (2) A brief and plainly worded definition of the terms "maximum contaminant level," "primary drinking water standard," and "public health goal:' (3) If any regulated contaminant is detected in public drinking water supplied by the system during the past year, the report shall include all of the following information: (A) The level of the contaminant found in the drinking water, and the corresponding public health goal and primary drinking water standard for that contaminant. (13) Any violations of the primary drinking water standard that have occurred as a result of the presence of the contaminant in the drinking water and a brief and plainly worded statement of health concerns that resulted in the regulation of that contaminant. (C) The public water system's address and phone number to enable customers to obtain further information concerning contaminants and potential health effects. (4) Information on the levels of unregulated contaminants, if any, for which monitoring is required pursuant to state or federal law or regulation. (5) Disclosure of any variances or exemptions from primary drinking water standards granted to the system and the basis therefor. (b) On or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, shall prepare a brief written report in plain language that does all of the following: (1) Identifies each contaminant detected in drinking water that exceeds the applicable public health goal. (2) Discloses the munerieal public health risk, determined by the office, associated with the maximum contaminant level for each contaminant identified in paragraph (1) and the numerical public health risk determined by the office associated with the public health goal for that contaminant. 75C-15 (3) Identifies the category of risk to public health, including, but not limited to, carcinogenic, mutagenic, teratogenic, and acute toxicity, associated with exposure to the contaminant in drinking water, and includes a brief plainly worded description of these terms. (4) Describes the best available technology, if any is then available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant. The public water system may, solely at its own discretion, briefly describe actions that have been taken on its own, or by other entities, to prevent the introduction of the contaminant into drinking water supplies. (5) Estimates the aggregate cost and the cost per customer of utilizing the technology described in paragraph (4), if any, to reduce the concentration of that contaminant in drinking water to a level at or below the public health goal. (6) Briefly describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision. (c) Public water systems required to prepare a report pursuant to subdivision (b) shall hold a public hearing for the purpose of accepting and responding to public comment on the report. Public water systems may hold the public hearing as part of any regularly scheduled meeting. (d) The department shall not require a public water system to take any action to reduce or eliminate any exceedance of a public health goal. (c) Enforcement of this section does not require the department to amend a public water system's operating permit. (f) Pending adoption of a public health goal by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365, and in lieu thereof, public water systems shall use the national maximum contaminant level goal adopted by the United States Environmental Protection Agency for the corresponding contaminant for purposes of complying with the notice and hearing requirements of this section. (g) This section is intended to provide an alternative form for the federally required consumer confidence report as authorized by 42 U.S.C. Section 300g-3(c). (Repealed and added by Stats. 1996, Ch. 755, Sec. 12. Effective January 1, 1997.) 75C-16 EXHIBIT 3 (Units are in milligrams per liter (mg/L), unless otherwise noted.) Last Update: March 13, 2019 This table includes: For comparison: California's maximum contaminant levels (MCLs) Detection limits for purposes of reporting (DLRs) Federal MCLs and Public health goals (PHGs) from the Office of Environmental Health Hazard Assessment Maximum Contaminant Level OEHHA Goals (MCLGs) (US Also, the PHG for NDMA (which is not yet regulated) is included at the bottom of this table. Ems_ Regulated Contaminant MCL I DLR PHG Date f MCL MCLG PHG Chemicals with MCLs in 22 CCR §64431—Inorganic Chemicals Aluminum I 1 I n n5 I n R 9nn1 = micron nbers per rater; for I 7 MFL 10.2 MFL I 7 MFL 1 2003 7 MFL 1 7 MFL Total - OEHHA withdrew the 0.05 0.01 I Novh. 2001 I 1999 I 0.1 0.1 L PHG Hexavalent - 0.01-mg/L MCL & __ __ 0.00002 2011 :rcury (inorganic) 0,002 0.001 1 0.0012 0.002 0.002 rev2005199g :kel 0.1 0.01 0.012 2001 :rate (as nitrogen, N) 10 as N 0.4 45 as NO3 2018 10 10 =10 as N :rite as N 1 as N 0.4 1 as N 2018 1 1 :rate + Nitrite as N 10 as N -- 10 as N 2018 rchlorate 0.006 0.004 0.001 2015 denium 0.05 0.005 0.03 2010 0.05 0.05 allium 0.002 0.001 0.0001 1999 0.002 0.0005 ev2004 Copper and Lead, 22 CCR §64672.3 Values referred to as MCLs for lead and copper are not actually MCLs; instead, they are called 'Action Levels" under the lead and copper rule U.U1b I U.UUb I U.000L I 2UU9 U.U1b I zero Radionuclides with MCLs in 22 CCR §64441 and §64443—Radioactivity [units are picocuries per liter (pCi/L), unless otherwise stated; n/a = not applicable] ; alpha particle activity- OEHHA ided in 2003 that a PHG was not 15 1 3 1 none n/a 15 zero in 2003 that a PHG was not I4 mrem/yr I 4 I none I n/a I 4 mrem/yr zero '.6 - 1 0.05 12006 R 1 1 n n14 9nnF Page 1 of 3 6/17/2019 75C-17 Regulated Contaminant MCL DLR PHG Date of PHG Radium-226 + Radium-228 5 Strontium-90 8 2 0.35 2006 Tritium 20,000 1 1,000 1 400 2006 Uranium 20 1 1 1 0.43 2001 Chemicals with MCLs in 22 CCR §64444-Organic Chemicals (a) Volatile Organic Chemicals (VOCs) Benzene 0.001 0.0005 0.00016 2001 Carbon tetrachloride 0.0005 0.0005 0.0001 2000 1,2-Dichlorobenzene 0.6 0.0005 0.6 1997 ev2009 1,4-Dichlorobenzene -DCB 0.005 0.0005 0.006 1997 1,1-Dichloroethane 1,1-DCA 0.005 0.0005 0.003 2003 1,2-Dichloroethane (1,2-DCA) 0.0005 0.0005 0.0004 1999 rev2005 1,1-Dichloroeth lene 1,1-DCE 0.006 0.0005 1 0.01 1999 cis-1,2-Dichloroeth lene 0.006 0.0005 0.013 2018 trans-1,2-Dichloroeth lene 0.01 0.0005 0.05 2018 Dichloromethane (Methylene chloride) 0.005 0.0005 0.004 2000 1,2-Dichloro ro ane 0.005 0.0005 0.0005 1999 1,3-Dichloropropene 0,0005 0.0005 0.0002 1999 rev2006 Eth (benzene 0.3 0.0005 0.3 1997 Methyl tertiary butyl ether MTBE 0.013 0.003 0.013 1999 Monochlorobenzene 0.07 0.0005 0.07 2014 Styrene 0.1 0.0005 0.0005 2010 1,1,2,2-Tetrachloroethane 0.001 0.0005 1 0.0001 2003 Tetrachloroeth lene PCE 0.005 0.0005 1 0.00006 2001 Toluene 0.15 0.0005 0.15 1999 1,2,4-Trichoorobenzene 0.005 0.0005 0.005 1999 1,1,1-Trichloroethane 1,1,1-TCA 0.200 0.0005 1 2006 1,1,2-Trichloroethane 1,1,2-TCA 0.005 0.0005 0.0003 2006 Trichloroeth lene TCE 0.005 0.0005 0.0017 2009 Trichlorofluoromethane Freon 11 0.15 0.005 1.3 1 2014 1,1,2-Trichloro-1,2,2-Trifluoroethane (Freon 113 1.2 0.01 4 1997 rev2011 Vinyl chloride 0.0005 0.0005 0.00005 2000 X lenes 1.750 0.0005 1 1.8 1997 (b) Non -Volatile Synthetic Organic Chemicals (SOCs) Alachlor 0.002 0.001 0.004 1997 Atrazine 0.001 0.0005 0.00015 1999 Bentazon 0.018 0.002 0.2 1999 ev2009 Benzo a rene 0.0002 0.0001 0.000007 2010 Carbofuran 0.018 0.005 0.0007 2016 Chlordane 0.0001 0.0001 0.00003 1997 rev2006 Dalapon 0.2 0.01 0.79 1997 rev2009 1,2-Dibromo-3-chloropropane(DBCP) 0.0002 0.00001 1 0.0000017 1999 2,4-Dichlorophenoxyacetic acid (2,4-D) 0.07 0.01 0.02 2009 Di 2-eth (hex I adi ate 0.4 0.005 0.2 2003 Di 2-eth (hex I hthalate DEHP 0.004 0.003 1 012 1997 Dinoseb 0.007 0.002 0.014 1997 rev2010 Page 2 of 3 MCL MCLG 5 zero 30 µ /L zero 0.005 zero 0.005 zero 0.6 0.6 0.075 0.075 0.005 zero 0.007 0.007 0.07 0.07 0.1 0.1 0.005 zero 0.005 zero 0.7 0.7 01 0.1 0.1 0.1 0.1 0.1 0.005 zero 1 1 0.07 0.07 0.2 0.2 0.005 0.003 0.005 zero 0.002 zero 10 10 0.002 zero 0.003 0.003 0.0002 zero 0.04 0.04 0.002 zero 0.2 0.2 0.0002 zero 0.07 0.07 0.4 0.4 0.006 zero 0.007 0.007 6/17/2019 75C-18 Regulated Contaminant I MCL I DLR I PHG I Date of I I MCL MCLG u.uui I u.000b u.uuuu3 1 2uu3 1 1 u.uu1 I zero 0.05 1 0.05 1 0.05 0.0002 1 0.0002 0.000032 1999 0.0002 0.0002 Toxa heney 0.003 0.001 0.0000312018draft 0.003 zero 1,2,3-Trichloropropane 0.000005 0.000005 0.0000007 2,3,7,8-TCDD (dioxin) 3x10'e 5x10-9 5x10-1' 3x10"e zero 2,4,5-TP Silvex 0.05 0.001 0.003 0.05 0.05 Chemicals with MCLs in 22 CCR §64533-Disinfection Byproducts Total Trihalomethanes 0.080 - 0.080 Bromodichloromethane -- 0.0010 0.00006 zero Bromoform 0.0010 0.0005 zero Chloroform 0.0010 0.0004 2018 draft - 0.07 Dibromochloromethane - 0.0010 0.0001 2018 draft 0.06 Haloacetic Acids (five) (HAA5) 0.060 -- 0.060 MonochloroaceticAcid - 0.0020 - 0.07 Dichloroacetic Adic 0.0010 -- zero Trichloroacetic Acid 0.0010 -- 0.02 Monobromoacetic Acid 0.0010 -- Dibromoacetic Acid -- 0.0010 - Bromate 0.010 0.0050** 0.0001 2009 0.01 zero Chlorite 1.0 0.020 0.05 2009 1 0.8 Chemicals with PHGs established in response to DDW requests. These are not currently regulated drinking water contaminants. N-Nitrosodimethylamine (NDMA) I - I -- 1 0.000003-- *OEHHA's review of this chemical during the year indicated (rev20XX) resulted in no change in the PHG. **The DLR for Bromate is 0.0010 mg/L for analysis performed using EPA Method 317.0 Revision 2.0, 321.8, or 326.0. Page 3 of 3 6/17/2019 75C-19 75C-20