Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
FULL AGENDA PACKET_2021-07-20
City Council and Special Housing Authority Meeting Packet July 20, 2021 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember—Ward 1 Jessie Lopez Councilmember -Ward 3 Johnathan Ryan Hernandez Councilmember -Ward 5 David Penaloza Mayor Pro Tern - Ward 2 Phil Bacerra Councilmember - Ward 4 Nelida Mendoza Councilmember -Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 7/20/2021 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 7/20/2021 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by: 1. MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. 2. SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(cDsanta-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. 3. PROVIDING LIVE PUBLIC COMMENTS OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/m/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for i) general public comment, ii) to speak on a specific agenda item or iii) for a public hearing item. You may request to speak by dialing `9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. 4. IN -PERSON PUBLIC COMMENTS OPTION - Members of the public can provide in - person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person up to full capacity. Face coverings are optional for members of the public who enter City buildings who have been vaccinated against COVID-19. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 5:00 p.m. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS — You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. City Council 3 7/20/2021 Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) —You can provide comments byjoining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball0) or download a pdf (the cloud symbol with the down arrow ). CALL TO ORDER ATTENDANCE CLOSED SESSION Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan Mayor Pro Tern David Penaloza Mayor Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government City Council 4 7/20/2021 Code Section 54956.8: Address of Property: 625 S. Cypress Avenue, Santa Ana, CA 92701 (APN# 404-102- 06) Negotiators: City Manager Kristine Ridge Negotiating Party: T.R. Customs, Owner, Taylor J. Rudd Terms: Potential Sale of Cypress Fire Station CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 5 7/20/2021 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Pastor Tommy Cota CEREMONIAL PRESENTATIONS Certificate of Recognition presented by Councilmember Bacerra to Connie Hamilton for Outstanding Contributions to the Community. 2. Certificate of Recognition presented by Councilmember Hernandez to Alexis Rocha for Outstanding Contributions to the Community. STAFF PRESENTATIONS 3. COVID-19 Update in the Community. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 23. 4. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 5. Receive and File Update to the City's Speed Humps Policy Department(s): Public Works Agency Recommended Action: Receive and file the City's Speed Humps Policy. 6. Receive and File Certification of Approval by City Engineer of Final Parcel Map 2018- 139 (2727 North MainPlace Drive) (Applicant and Owner: MainPlace Shoppingtown City Council 6 7/20/2021 LLC) Department(s): Public Works Agency Recommended Action: Receive and file certification of approval by City Engineer of final Parcel Map 2018-139. 7. Approve Appropriation Adjustment Accepting California Governor's Office of Emergency Services Community Power Resiliency Grant Funds for Water Production Facilities in the Amount of $300,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment accepting California Governor's Office of Emergency Services Community Power Resiliency grant funds in the amount of $300,000 into the Public Works Emergency & Health Grants, State Grant -Direct revenue account and appropriate the same amount into the FEMA/OES Disaster Assistance, Machinery & Equipment expenditure account for expenses in Fiscal Year2021-22. (Requires five affirmative votes) 8. Approve Appropriation Adjustment Accepting U.S. Department of Health and Human Services (HHS) Grant Funds for the Health Equity and Literacy in OC (HEAL-OC) Initiative in the Amount of $4,000,000 Department(s): City Manager Office Recommended Action: 1. Approve appropriation adjustment accepting U.S. Department of Health and Human Services (HHS) grant funds for the Health Equity and Literacy in OC initiative in the amount of $4,000,000 into the Health & Equity Literacy revenue account and appropriate the same amount into the Health & Equity Literacy expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute all necessary agreements with the HEAL-OC subrecipients (Coalition of OC Community Health Centers, Latino Health Access, Orange County Asian & Pacific Islander Community Alliance, and UC Irvine) to administer the initiative subject to non -substantive changes approved by City Manager and City Attorney (Agreement No. 2021-XXX). 9. Award a Purchase Order to PCI in an Amount not to Exceed $4,938,000 for up to a Six -year Term for Roadway Striping and Sign Maintenance (Specification 21-065) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket purchase order contract to PCI, for roadway striping and sign maintenance, in an annual amount of $823,000 and a total not exceed amount of $4,938,000, for a two-year period beginning August 1, 2021 and expiring July 30, 2023, with provisions for two two-year renewal periods exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 7 7/20/2021 10. Award Purchase Orders to Penske Chevrolet of Cerritos in the Amount of $115,682 for Two Chevrolet 2500 HD Trucks (Specification No. 21-047), and to Guaranty Chevrolet Motors Inc. in the Amount of $62,170 for Two Chevrolet Colorados (Specification No. 21-064) and in the amount of $593,820 for Eight Chevrolet 3500 HD Trucks (Specification No. 21-044) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for two Chevrolet 2500 HD Trucks with various bodies, in the amount of $115,682 plus a contingency of $5,000, for a total amount not to exceed $120,682, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc. for two Chevrolet Colorado trucks in the amount of $62,170 plus a contingency of $2,830, not to exceed $65,000, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc., for eight Chevrolet 3500 HD trucks with various bodies, in the amount of $553,820 plus a contingency of $40,000, for a total amount not to exceed $593,820, subject to non -substantive changes approved by the City Manager and City Attorney. 11. Approve Additional Contingency Funds in the Amount of $70,000 for an Existing Construction Contract with Dream Builders Company for the Adams Park Restroom Renovation Project with an Estimated Project Delivery Cost of $226,000 (Project No. 20-2708) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an amendment to the Project Cost Analysis in the amount of $70,000 in additional contingency funds for a total estimated construction delivery cost of $226,000, which includes $104,900 for the construction contract, $26,100 for contract administration, inspection and testing, and a $95,000 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Award a Construction Contract to IRS Construction & Development Inc. in the Amount of $632,251 for the Santa Ana Library Children's Patio Fiscal Year 2020-21 Project with an Estimated Project Delivery Cost of $790,251 (Project No. 20-2500) (Non - General Fund) Department(s): Public Works Agency and Library Department Recommended Action: 1. Award a construction contract to IRS Construction & Development Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $632,251, for construction of the Santa Ana Library Children's Patio FY City Council 8 7/20/2021 2020-21, for the term beginning July 20, 2021 and ending upon project completion, and authorize the City Manager 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 $790,251, which includes $632,251 for the construction contract, $95,149 for contract administration, inspection and testing, and a $62,851 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $884,351, which includes $94,100 in preliminary engineering funds and $790,251 in construction funds, for the Santa Ana Library Children's Patio Project (No. 20- 2500). 13. Approve Agreements with W.A. Rasic Construction Company, Inc., Mladen Buntich Construction Co., Inc. Mike Prlich and Sons, Inc., Dominguez General Engineering, Inc., and Paulus Engineering, Inc. for Sewer System Repair Services for a Total Amount not to Exceed $4,000,000 for up to Five Years (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with W.A. Rasic Construction Company, Inc., Mladen Buntich Construction Co., Inc. Mike Prlich and Sons, Inc., Dominguez General Engineering, Inc., and Paulus Engineering, Inc. to provide sewer system repair services, for a three-year period beginning July 20, 2021 and expiring July 19, 2024, with provisions for one two-year renewal period exercisable by the City Manager and City Attorney, for a shared aggregate amount not to exceed $4,000,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 14. Amend Agreement with Landscape West Management Services, Inc. to Increase the Annual Contract Amount by $250,000 for Median Landscape Maintenance Services (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services, Inc., for right-of-way and median landscape maintenance services, to increase the annual amount by $250,000, for a total annual amount not to exceed $1,270,000 and a total agreement amount not to exceed $5,080,000 for the remaining term of the agreement ending on June 30, 2023, plus a two-year extension exercisable by the City Manager and the City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 15. Approve a Land Sale Agreement and Easement Sale Agreement in the Amount of $0 for a Real Property Sale to Orange County Transportation Authority in exchange for the cost of Water Facility Improvements At SR-55 / Ritchey Street and Pullman Street (Project Nos. 19-6438, 19-6439 and 19-6440) (Non -General Fund) City Council 9 7/20/2021 Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a Land Sale Agreement with the Orange County Transportation Authority for the partial property located east of Ritchey Street and north of Warner Avenue (APN 403-072-02) in the amount of $0 in lieu of the project cost for the water facility improvements at SR-55 / Ritchey Street, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute an Easement Sale Agreement with the Orange County Transportation Authority for a portion of Pullman Street right-of-way located north of Dyer Road and south of Warner Avenue in the amount of $0 in lieu of the project cost for the water facility improvements at SR-55 / Ritchey Street, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 16. Approve Agreements with Transportation Studies, Inc. and Aim Traffic Data, LLC in an Aggregate Amount not to Exceed $100,000 for up to a Five-year Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Transportation Studies, Inc. and AimTD, LLC to provide traffic counting services for a three-year term beginning July 20, 2021 and expiring June 30, 2024, with provisions for two, one-year extensions exercisable by the City Manager and the City Attorney, in a total aggregate amount not to exceed $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 17. Approve an Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund) Department(s): City Attorney Office Recommended Action: Authorize the City Manager to execute a three-year agreement with Blue Technologies Smart Solutions ("BlueTech") for continued access and support services for the iManage Data Management Systems ("iManage") for the period of August 1, 2021 through July 31, 2024 in the amount of $85,750, which includes the annual billing amount of $25,250 for the iManage System, and a contingency amount of $10,000 to pay for additional support services as directed by the City, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 18. Approve Agreement with Liebert Cassidy and Whitmore ("LCW") and Approve Amendment to Agreement with Atkinson, Andelson, Loya, Ruud, & Romo ("AALRR") to Provide Special and Limited Legal Counsel Services (General Fund) Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to execute an agreement with City Council 10 7/20/2021 LCW to provide special legal counsel services not to exceed $100,000 for the duration of the term of the agreement expiring June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute an amendment to the agreement with AALRR to provide limited legal services by increasing the compensation amount by $50,000 (for a total not -to -exceed compensation amount of $100,000) for the duration of the agreement expiring April 14, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 19. Authorize Quitclaim of a Portion of a Traffic Signal Easement (2727 North Main Place Drive) (Applicant:and Owner: Mainplace Shoppingtown LLC, a Delaware Limited Liability Company) for $4,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a quitclaim deed relinquishing the City's interest in a portion of a traffic signal easement at 2727 North MainPlace Drive to Mainplace Shoppingtown LLC, a Delaware limited liability company for $4,000, subject to non -substantive changes approved by the City Manager and City Attorney. 20. Adopt a Resolution Authorizing the City Manager to Execute Sub Grant Agreements to Receive Workforce Innovation and Opportunity Act funds for a Three -Year Period Expiring June 30, 2024 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Resolution No. 2021-XXX— Adopt a Resolution authorizing the City Manager or designee to execute sub -grant agreements (AA211027) and all necessary documents for Workforce Innovation and Opportunity Act funds from the State of California for a three-year period from July 1, 2021 to June 30, 2024 subject to non -substantive changes approved by City Manager and City Attorney (Agreement No. 2021-XXX). 21. Resolution Approving the Water Supply Assessment for the Warner -Red Hill Mixed Use Development Project Located at 2300, 2310, and 2320 South Red Hill Avenue Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX — Adopt a resolution approving the Water Supply Assessment for The Warner - Red Hill Mixed -Use Development Project located at 2300, 2310, and 2320 South Red Hill Avenue. 22. Approve a Shelter Budget for Furnishing, Fixtures and Equipment in an Amount not to exceed $1,000,000 for One -Time Purchases (Non -General Fund) Department(s): Community Development Agency City Council 11 7/20/2021 Recommended Action: Approve a shelter budget for furnishings, fixtures and equipment in an amount not to exceed $1,000,000, in one-time direct purchases with various vendors, and approve for the purchasing department to utilize cooperative contracts and employ other practical procurements methods to ensure the shelter is fully equipped and furnished by the opening date, subject to non -substantive changes approved by the City Manager and City Attorney. 23. Street Naming No. 2021-01 to Change the Name of a Segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter Development to South Elk Lane Department(s): Planning and Building Agency Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Street Naming No. 2021-01 to change the name of a segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter development to South Elk Lane. **END OF CONSENT CALENDAR** BUSINESS CALENDAR 24. Approve an Agreement with All City Management Services, Inc. for the School Crossing Guard Program for Either up to a Two-year Term in an Amount Not to Exceed $2,593,334, or up to a Five -Year Term in an Amount Not to Exceed $6,869,996 (General Fund) Department(s): Public Works Agency Recommended Action: Approve one of the two options below (Agreement No. 2021-XXX): Option 1: Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the amount of $2,357,576 with a 10 percent contingency of $235,758, for a total amount not to exceed $2,593,334 for a one-year term beginning July 20, 2021 and expiring July 19, 2022, with an option for a one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. Option 2: Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the amount of $6,245,451 with a 10 percent contingency of $624,545, for a total amount not to exceed $6,869,996 for a one-year term beginning July 20, 2021 and expiring July 19, 2022, with options for four, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 12 7/20/2021 25. Adopt Resolution of Intent to Award Solid Waste Franchise Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX— Adopt a resolution declaring the City Council's intent to hold a public hearing on August 17, 2021 to award a solid waste franchise to one of four proposers, which includes Athens Services, CR&R Environmental Services, Republic Services, or Waste Management. 26. Consideration of Ordinance Amending the Cannabis Public Benefit Fund Restricted Uses for Additional Youth Services Department(s): Finance and Management Services Recommended Action: Introduce and conduct first reading of an ordinance amending the Cannabis Public Benefit Fund to provide authority to transfer allocations between youth services and community enforcement activities. 27. Informational Report about Proposed Amendments to the Sunshine Ordinance Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. 28. Informational Report regarding the Installation of Rainbow Crosswalks in Downtown Santa Ana Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. 29. Approve the $80,012,101 Revive Santa Ana Spending Plan and Appropriate Federal American Rescue Plan Act (ARPA) Funding Continued from the July 6, 2021 City Council Meeting. Department(s): City Manager Office Recommended Action: 1. Approve the $80,012,101 Revive Santa Ana Spending Plan to protect and revive our community as we emerge from the impacts of the COVID-19 pandemic. 2. Approve an appropriation adjustment (#2021-212) of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID-19, including authorization for the City Manager to move appropriated money between spending plan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes) **END OF BUSINESS CALENDAR`* City Council 13 7/20/2021 PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 30. Resolution Affirming the Fiscal Year 2020-2021 Dangerous and Abandoned Buildings Program Report and Authorizing the Transmittal of Uncollected Dangerous and Abandoned Building Charge in the Amount of $59,313.79 to the Office of Auditor Controller, County of Orange (Non -General Fund) Legal Notice published in the Orange County Reporter on July 9, 2021 and notices mailed on July 8, 2021. Department(s): Planning and Building Agency Recommended Action: Resolution No. 2021-XXX — Adopt a resolution affirming the Fiscal Year 2020-2021 Dangerous and Abandoned Buildings Program Report and authorizing the transmittal of uncollected Dangerous and Abandoned Buildings charge in the amount of $59,313.79 to the office of Auditor -Controller, County of Orange. JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY 31. Approve Appropriation Adjustments Recognizing Housing Assistance Payments in the Amount of $1.3 million and $488,616 in Administrative Funds to Administer Eighty -Nine New Emergency Housing Vouchers; Authorize the City to Enter into a Memorandum of Understanding with the Orange County Continuum of Care; Approve an Update to the Housing Choice Voucher Administrative Plan; Authorize the City Manager to Execute a Future Agreement with a Service Provider to Provide Housing Search Assistance Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Approve an appropriation adjustment (#2022-014) recognizing Emergency Housing Voucher Housing Assistance Payments funds in the amount of $1,316,892 in revenue account and appropriating same to expenditure account to administer eighty- nine new vouchers. (Requires five affirmative votes) 2. Approve an appropriation adjustment (#2022-014) recognizing Emergency Housing Voucher Preliminary Administrative funds ($35,600), Administrative funds ($141,516) and Service Fees ($311,500) in the total combined amount of $488,616 in revenue account and appropriating same to expenditure account to administer eighty- nine new vouchers. (Requires five affirmative votes) HOUSING AUTHORITY ACTION 1. Authorize the Executive Director of the Housing Authority to execute a Memorandum of Understanding with the Orange County Continuum of Care effective City Council 14 7/20/2021 July 20, 2021, subject to non -substantive changes approved by the Executive Director and the Housing Authority General Counsel. 2. Approve an update to the Housing Choice Voucher Administrative Plan and authorize submission to the United States Department of Housing and Urban Development. 3. Authorize the City Manager to execute a future agreement with the Orange County United Way or another designated Service Provider to utilize Emergency Housing Voucher Service Fees in an amount not to exceed $311,500 to provide housing search assistance for Emergency Housing Vouchers issued by the Housing Authority, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will support the Housing Authority to issue and lease the eighty-nine Emergency Housing Vouchers, subject to non -substantive changes approved by the City Manager and City Attorney. COUNCILMEMBER REQUESTED ITEMS 32. Discuss and Consider Directing the City Manager to Direct City Staff to Draft an Ordinance that Would Impose a Fine Equivalent to the Median Rent of a Two - Bedroom Apartment in Santa Ana on Property Owners Who Rent Unpermitted Residential Units and Unpermitted Spaces for Residential Purposes. The fine would be Payable to the City of Santa Ana to be Distributed to the Persons Who Occupied the Unpermitted Units or Spaces — Councilmember Bacerra CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE— If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT —Adjourn the City Council meeting and convene to the Special Housing Authority meeting. Future Items 1. Carnegie Shelter Operator 2. Solid Waste Franchise and Contract Award 3. Police Oversight Update 4. Enhanced Homeless Outreach Services 5. Mental Health Mobile Outreach Services City Council 15 7/20/2021 6. Final Action to Approve Pension Debt Refinancing City Council 16 7/20/2021 SPECIAL HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan Vice Chair David Penaloza Chair Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Special Housing Authority agenda. ` CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 2. Approve the Department of Toxic Substances Control Standard Voluntary Agreement for the Crossroads at Washington Site Located at 1126 and 14146 E Washington Avenue, Santa Ana, CA 92701 Department(s): Community Development Agency Recommended Action: Authorize the Executive Director of the Housing Authority to execute the Standard Voluntary Agreement up to an amount not to exceed $40,000 with the County of Orange and Department of Toxic Substances Control for the Crossroads at Washington affordable housing project located at 1126 and 1146 E Washington Avenue, Santa Ana, CA 92701, (APNs 398-092-13 and 398-092-14). **END OF CONSENT CALENDAR** City Council 17 7/20/2021 BUSINESS CALENDAR JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY 3. Approve Appropriation Adjustments Recognizing Housing Assistance Payments in the Amount of $1.3 million and $488,616 in Administrative Funds to Administer Eighty - Nine New Emergency Housing Vouchers; Authorize the City to Enter into a Memorandum of Understanding with the Orange County Continuum of Care; Approve an Update to the Housing Choice Voucher Administrative Plan; Authorize the City Manager to Execute a Future Agreement with a Service Provider to Provide Housing Search Assistance Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Approve an appropriation adjustment (#2022-014) recognizing Emergency Housing Voucher Housing Assistance Payments funds in the amount of $1,316,892 in revenue account and appropriating same to expenditure account to administer eighty-nine new vouchers. 2. Approve an appropriation adjustment (#2022-014) recognizing Emergency Housing Voucher Preliminary Administrative funds ($35,600), Administrative funds ($141,516) and Service Fees ($311,500) in the total combined amount of $488,616 in revenue account (No. 18018002-various) and appropriating same to expenditure account (Nos 18018760-various) to administer eighty-nine new vouchers. HOUSING AUTHORITY ACTION 1. Authorize the Executive Director of the Housing Authority to execute a Memorandum of Understanding with the Orange County Continuum of Care effective July 20, 2021, subject to non -substantive changes approved by the Executive Director and the Housing Authority General Counsel. 2. Approve an update to the Housing Choice Voucher Administrative Plan and authorize submission to the United States Department of Housing and Urban Development. 3. Authorize the City Manager to execute a future agreement with the Orange County United Way or another designated Service Provider to utilize Emergency Housing Voucher Service Fees in an amount not to exceed $311,500 to provide housing search assistance for Emergency Housing Vouchers issued by the Housing Authority, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will support the Housing Authority to issue and lease the eighty-nine Emergency Housing Vouchers, City Council 18 7/20/2021 subject to non -substantive changes approved by the City Manager and City Attorney. **END OF BUSINESS CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT —Adjourn the Special Housing Authority meeting. City Council 19 7/20/2021 Public Works Agency www.santa-ana.org/pw Item # 5 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: City's Speed Humps Policy AGENDA TITLE Receive and File Update to the City's Speed Humps Policy RECOMMENDED ACTION Receive and file an update to the City's Speed Humps Policy. DISCUSSION Due to a number of factors, including an increase in overall City traffic volumes, frequent complaints about speeding in residential districts, and a recent emphasis on bicycle and pedestrian mobility and safety, the City is considering program enhancements to further improve bicycle and pedestrian safety. As a result of the complaints about speeding on residential streets, the Public Works Agency developed a formal procedure so that these requests could be handled effectively. One of the primary purposes for developing a standard procedure was to provide uniformity in processing such requests. One of the aforementioned enhancements involves revising the City's Speed Hump Policy, which was created in 1998. Revisions include simplifying the application process, streamlining the process to review each request, and reducing the number of steps residents must take to request the installation of speed humps in their neighborhood (Exhibit 1). It is important to note that the procedure is only a guideline, and not a regulation. Below is a summary of the streamlined process. Process Improvement for Speed Humps Below is an overview of the four -step process for residents to request speed humps: • Step 1: Verify Feasibility of Speed Hump — one month • Step 2: Residents Circulate Interest Form (need 75 percent approval) — one month • Step 3: Prioritization (requires analysis of field data) and determination of availability of funding — two months • Step 4: If funding is sufficient, perform neighborhood advisory poll (need two-thirds approval) — two months o If Step 4 results in support of speed humps installation, installation is scheduled. City Council 5-1 7/20/2021 Receive and File - Speed Hump Policy July 20, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Speed Hump Policy Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 5-2 7/20/2021 STANDARD PROCEDURE FOR MANAGING SPEED ON RESIDENTIAL STREETS In response to frequent complaints about speeding on residential streets, the Public Works Agency developed a formal procedure so that such requests can be handled effectively, and is most expeditious and responsive. The primary purpose for adopting the standard procedure was to provide uniformity in processing such requests, ensure continuous community involvement and support in implementing the various measures for dealing with speeding on residential streets, and help educate residents on the importance of respecting traffic control laws. The following is the standard procedures for use in the City of Santa Ana to respond to citizen requests for reducing the speeds on residential streets. It should be noted that the procedure is only a guideline, not a regulation. The Environmental and Transportation Advisory Commission (ETAC) will receive periodic presentations on these guidelines so that they understand the steps and will better understand reports summarizing requests and installation locations. This will also help ETAC provide feedback and advice. STEP 1. SPEED HUMP FEASIBILITY & LESS RESTRICTIVE MEASURES If speed humps are requested, Speed Hump Warrant is performed to determine if the location is feasible for speed hump installation (Attachment A). If Speed Humps are not feasible, the City will determine any combination or all of the following measures will be undertaken: • Police enforcement. • Provide speed awareness letter. • Provide mobile radar trailer. STEP 2. RESIDENTS CIRCULATE SPEED HUMP INTEREST FORM If the location satisfies the warrant, the City will mail an information letter and an Interest Form to affected residents describing the purpose of the form. The Interest Form for the proposed speed hump street segment, must be returned to the City (Attachment B). To demonstrate there is a widely held perception of a problem and adequate community support for farther action, the petition should be returned with supporting signatures from typically 75% of the residences of the proposed speed hump segment (one signature per address). All Interest forms must be submitted to the City by the assigned date on the information letter for validation and prioritization for available funding. Staff notifies the Neighborhood Association, if it exists, of the request for speed humps. Update 5Council 5-3 7/20/2021 STEP 3. PRIORITIZATION A. All locations that meet the Speed Hump Warrant and petition requirements are prioritized by a point system based on the following: Criteria Basis For Assignment Max. Points Severity of speeding 5 points for every one mph (85% tile) over 50 34m h Total daily traffic volume For streets with traffic volumes greater than 35 or equal to 500 vehicles per day, 1 point for every 100 vehicles Speed related accidents 5 points forspeed related accidents 5 Proximity to School or Park 250 feet or less of a school or a park 10 Between 251 and 500 feet of a school or a 7 park Between 501 and 600 feet of a school or a 3 park Total 100 points B. City determines the number of speed hump locations that can be installed using available budgeted funds. Installation location and funding will be evaluated at least once per year, but more frequently if funding allows. C. Locations on the priority, list will remain active for a period of 36 months, and a new request for speed humps for the same location may not be made until the location is off the list. STEP 4. PERFORM ADVISORY POLL IF THERE IS SUFFICIENT FUNDING For those priority locations where there is sufficient funding to allow installation, the City will determine the surrounding area likely affected by the speed humps. This Area of Impact is used for advisory polling purposes. Residents in the Area of Impact will typically have 30 days to respond. • The City presents the Area of Impact, speed hump plan and advisory polling process to residents in the Area of Impact. • Those residents are then polled by mail. City staff will tally the advisory poll results. 66% support should be obtained for the permanent installation of speed humps. if support from the Area of Impact for speed humps is not achieved, residents can request speed humps again after 24 months from the date of poll recommendation. STEP 5. PERMANENT SPEED HUMP INSTALLATION City installs speed hump at locations based on the priority list and as funding allows. Design is in accordance with current speed hump standard (Attachment Q. Update 5Council 5-4 7/20/2021 SPEED HUMP REMOVAL • The City at anytime may undertake alteration or removal of speed humps if the speed humps are deemed to be a hazard to the public. • If you wish to make a request or would like more information, please contact the Traffic Engineering section of the Public Works Agency at (714) 647-5619. K:'traffiCADIST1\Speed.Hump\FormsAK:AttxfficAPolicies'Speed HumpsTpdate 2021\Speed Hump O5-19-2021 Procedures Rev ZK.docc Updated 5 1Council 5-5 7/20/2021 GLOSSARY Advisory Poll Participants or Those to whom poll forms arc distributed, within a given area of impact, Residents as a result of their being in one of the following groups: 1. Residents of dwelling units with its own mailing address (one poll from per dwelling unit). 2. Owners of vacant land (one poll form per parcel). 3. Tenants of non-residential units, including those with business and commercial uses (one poll form per unit). 4. Designated representatives of properties with institutional land uses, such as schools, government offices, and non-profit organizations (one poll form per parcel). Area of Impact: The street segment with the proposed speed hump and/or the adjacent streets that arc likely to be affected due to significant increase in traffic and/or speed. Daily Traffic: A typical 24-hour traffic volume, including both directions of traffic. Eighty-fifth Percentile (85%- The speed below which 85 percent of all traffic on a given street segment tile) Speed: is traveling. ETAC Environmental and Transportation Advisory Commission (ETAC) is an advisory commission appointed by the City Council_ The commission acts in an advisory capacity to the City Council in reviewing environmental and transportation issues. Mobile Radar Trailer: A portable trailer that is capable of detecting speed of oncoming traffic and displaying that speed for the driver. Police Enforcement: Police officer monitoring the speed by radar and issuing speeding tickets as applicable. Residence: One legal address or legal dwelling unit, i.e., a "four-plex" consisting of four legal addresses. Speed Awareness Letter: A letter containing speeding information to raise awareness of the residents in the neighborhood about the speeding problem in the area. Police enforcement has shown that it is usually residents living in the area who are doing the speeding. Speed Hump Warrant: A minimum set of criteria which, when satisfied, justifies the installation of speed humps. Speed Hump: A permanent section of raised pavement (asphalt) that is 12 feet wide, parabolic in shape, raising from street surfaces to an approximate height of 2 5/8 inches to 3 inches at the center. City Council 5-6 7/20/2021 Updated 5118121 ATTACHMENT A CITY OF SANTA ANA PUBLIC WORKS AGENCY SPEED HUMP WARRANT Street: From: To: ALL OF THE FOLLOWING CRITERIA MUST BE MET FOR CONSIDERATION OF SPEED HUMP INSTALLATION. NOT CRITERIA SATISFIED SATISFIED REMARKS 1. Street is a residential street with no more than one lane in each direction. Lanes per direction: 2. Street is neither a primary fire access route nor a transit route. 3. The street is a through street, at least 500 feet long and uninterrupted by stop sign or traffic signal. Length: 4. The posted or prima facie speed limit is 25 mph. 5. The 85th percentile speed is > 34 mph. 8511 Percentile: 6. Adequate visibility can be provided at all speed hump locations. 7. Daily traffic on the street segment is less than or equal to 3500 vehicles per day. ADT: Speed Hump Warrant Met ❑ YES ❑ NO Performed by: Date: City Council 5-7 7/20/2021 Updated 5118/21 ATTACHMENT B INTEREST FORM TO THE CITY OF SANTA ANA TO INSTALL SPEED HUMPS STREET: FRO (cross street) (cross street) WHEREAS a speeding problem has been identified and confirmed on the above subject street segment; and I, the undersigned, request the installation of speed humps on the above street segment. We understand that in order for the City to consider installing speed humps; this interest form should have signatures (one per address) in favor of the proposed speed humps from typically 75% of residences on this street segment. I further understand that this street segment must meet all requirements outlined in the Standard Procedure for Managing Speed on Residential Streets for the installation of the speed humps. Contact Person: Daytime Phone: Before you sign this petition, be sure yo understan the St ndard Procedure for TE ST FOR Streets (attached). NOTE: �1PON I /JT EESTF� SA'2E DUE OI`(DA E)ILD ADDITIONS, DELETIO1(CyySJ7y1p PETITIO ER'S RES ONSE WILL NOT B ALLI ❑ YES, I favor speeAhumps ¢n mt street. I I I rti NO, I dp not SIGNATURE: NAME WDATIE (Please Print): Ni ADDRESS Date Received by City: lanaging Speed gn Residential MODIFICATION , NED. speed humps fn my street. City Council Updated 5118/21 M 7/20/2021 SPEED HUMP FLOW CHART Speed Hump Feasibility And Less Restrictive Measures STEP 1) Interest Form STEP 21 Prioritize Speed Hump Locations STEP 3) YES Advisory Poll YES SS% Poll NO Support 7 Install Speed Hump STEP 5) YES Speed NO Hump Warrants Met? YES \ Interest \NONO Form Met Met? N�Remain on List for 36 Months New NO Request After 24 onths? YES Back To STEP 1 Less Restrictive Measures DONE City Council 5-9 7/20/2021 Public Works Agency www.santa-ana.org/pw Item # 6 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Certification of Final Parcel Map 2018-139 AGENDA TITLE Receive and File Certification of Approval by City Engineer of Final Parcel Map 2018-139 (2727 North MainPlace Drive) (Applicant and Owner: MainPlace Shoppingtown LLC) RECOMMENDED ACTION Receive and file certification of approval by City Engineer of final Parcel Map 2018-139. DISCUSSION In California, regulation and control of the division of real property is vested in the legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana, the regulations and processes are provided in Chapter 34 of the Santa Ana Municipal Code (SAMC), which pursuant to Section 34-126 and 34-127, includes the approval of routine tentative maps by either the Zoning Administrator or the Planning Commission, as appropriate. When a tentative map application accompanies certain additional development entitlements, staff seeks City Council approval of the tentative map and those additional, associated entitlements. Following approval of a tentative map by the approving body, the property subdivider prepares and submits a final map or final maps to the City Engineer for approval. If each final map is in the correct form, prescribed by the Subdivision Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map are met, the final map shall be approved by the City Engineer. On June 4, 2019, the City Council approved several entitlements, including a tentative map (Exhibit 1), to facilitate a phased mixed -use development master plan at MainPlace Mall, located at 2800 North Main Street. The approved tentative parcel map allows subdivision of the project site into 10 parcels within the Specific Plan area to be developed individually. Section 66456.1 of the Subdivision Map Act allows multiple final maps to be filed for an approved tentative map. Multiple final maps are appropriate for phased developments such as the buildout of MainPlace Transformation and Expansion Project Specific Plan. City Council 6-1 7/20/2021 Certification of Final Tract Map 2018-139 July 20, 2021 Page 2 The developer has begun the initial phase of the MainPlace Transformation and Expansion Project Specific Plan project by submitting building plans to allow the construction of a 309 unit five -story residential building at 2727 North MainPlace Drive near the northwest corner of Broadway and MainPlace Drive. The City Engineer has received final Parcel Map 2018-139 (County of Orange identification). The final parcel map (Exhibit 2) does not change the configuration of the parcel, but is needed to remove a title restriction imposed by the prior (1999) map which restricts use to parking only. The City Engineer is in the process of reviewing the map for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act and meeting all the conditions of approval set by the City. Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of July 20, 2021. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Tentative Parcel Map 2. Final Parcel Map Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 6-2 7/20/2021 W~ Q m Q Q Z Z W 0 o w W O W Q Z Q N z w Q 0 00 0 d 0 m Z Q0p pZa=NCQ72FL�wW Z O�No 0- OZZO F LLI W 0 F W Y =U W J 0J wow ~ a Q °' � W Z< Z a N Q- U w0Z W.>- D0 Oo>- JO=W 2F V)WU ZQDW =LLJ Ww wWOOW OF (n m w� C00 HUw�L� 0Fp2 OF D F>W� wQwZQOW� Oz0W Of V) LLI0 WQWF �0Cif FWFU' J0W WMMLLJ =W o OWw DV)OUO wLLJ mLr)(nZ_ W0p}QZ0=3 W(nQ UaFH N NZQQo IL W wOWZV) XJZ_JZF:WCo ZV) Q�Mp m Z00Z� U 00)-Q- ONaMQ wQ wQD DOw�rn WwV)L) w gL�oMLo w FV�woi QUU 000 O)ZJW0000W W WU� 0W U' W W NW LL, V) ILLJ� W JW W'W. XOO J-WQZWW-20W0Lei QQQ2 Q QWMQtt) Q J=w=i w0� QM00_Q W w W F W m0N V) W W F W W V)Q W 00 W QF W FI w(1) WWw OW JLL Lcj (60000 Oct w W F Z Z C' O- o Q 2 Z m J O Q Z F O W Q W U 2 Z-- 0 p �F Q WLLI C� Q0 U) 000F< FF00N } Z F V) r p W Q Z Z W O W w X W W U Q U jrW- w g 0 J 0 0 0 W J � O w a Df,* W Q W W d Q F F 0 O Y 2 F W o O w F= Z Vwi In F F LLJ LLJF mFQw�¢ x w W wOO W O F-0 X J W W V) 0 LL, FF(U Z Q� QO WQ w0WJWOoa a OQ NWW Cw F>WOZ O LL WW�O F M<IJ}Y LLJLd L�ZoQwFmOO C)QwF Z OOJnwi= F 0)U O O WWWJJZo F} UP) LLJ w p Z Q -=mW a F wON-JUOO 0� Z 0 0 ZUp)Z= �aQF0Z Q WO0 Q Jw Wp ZUW V)wFQ OF 0V)Za_OQWFOJ > Z En = Q wWWX2mmZ -i 00Qomw z}wF mWpJUUZ0WZZ�Z0_ O W U� O WU LLQ�ww oQO w QZ00 WOFWOFFF Of w V0p 0m0� 0 OL) aL=WV)OwFoVLJW 0 LLJ a0> U- o= 2 U Z 0 QZXUOZm Z CO a0 dF WZ=QW 0} =w J0 do�Wv^ 0 O O Q - 0 0mwN0W Fm0 W w WNO OQZ VL �oMWWo= v UwQQQ=mo0on F w5YO (n GM0 QOWo Jw Q 0300 V)U)w Qz0 cDm00J FQp O wr Z>0 Q Z w OW m WW JW0 =LdU W LLI aZOLLI mw LLI Qwm J J(nZ wU U Z m Z UOJW(n 0 W W Q w W W ZWWOQQ W O VQjQ Na Z U U F 0 W W-0 W N O W W F p W O W w 2 0 0 0 wQN W WZLLI 0M r U) wLLJUOZ WUW ww J WW Q QQ Jw XF-U V)0) Jr2V)W Qw��W ww F 00 W d (n w 0 w 0 7i 0 Q- Q 2 U 5 w Z 2 J 0 0 0 0 0 0 r Z J O m Z O 0 m D N 0 W w J W Z J H O J 0 W M O IL O IL W Z J H O J (D Z H U) X W cn H Z W W cn Q W 0 W V) O a 0 a_ a i O H Z W W O Q W W z (� J Z � H LU N Z X W W U z 0 n Q O w w � � 0 w C) Z U O W w w w M w W Y = Oj Q 3 x � O X W S � O m CD NO cD M iO N M M w w w O CD CD CD M Q Q ¢ cn M W ad w W O F O o J O W H O a' N N LO D z Li YYY O O O (J W 00 O J a a mmm m W J W Ld O 0 pOf w H Q H LU O Y U Q D G W O 00 U O Q H a CD m 0 >Q �Ln — Q w ova w w wO a0 U) �¢ (n m mJ ) ¢N O w'U w o O o v` of Z Z Z Z O N= Z O¢ Q Q Q m W a U J w w � J CU J a a O a J '^ ¢ m Q Q H 0 V J Z 0 v, U zW Q J z �L z U 11.1 ¢ w w ~ w F--o� W F-" `w^ L O vi O Z w<JQ �O ��w \ r \ a \ 0 \ x z r X W n ���- (DSMH LOLr) O t� 9 X Z F OV) � Z< 1 FZ� U) Q J X d Q W 0 U W z �a Q U' N Z 0 O Q U N O Q IL Ln wo3 z z J (n W Q Q d' W Of U It H V) r \ M Lo Z wW i 0 w-iF� W — fn LL amzo LL �rQ Ln of M +I Cf) z +i r� o II L6 N 00 N LO Irl- (DSMH M 9�6 O I zw� 1 -- Ln xw wU) 0 H H Zw� w 0 LLI U) Qm�oLO J Z r Ln I L Z O M W � U) -H x O N 0 Q N v ) W J ry W U U Q � N Q OC) d N N HDCBB1OF PARCEL MAP NO. 2018-139 1 N.IRBERED PARCEL .ACRE$ GPC� DAM DI 5 OF T UT LYE POACEL MAP NO. 20111-138 DAM op aBVEn JL11v 2A 2o2o IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIADRUB 5EWGA.1I RENE) GFP202JO A3 IN F CSoRE ADJ I AUNH TwC2RDO OIL RSAYSCON �. 202I AS INSI. hO_2021000IB5/361N CID OFF CS, Oh IM1T CJUVIYREC011lJG2OhSMJ COUP IY. MICHAEL J-KNAPTON, LS BC12 KIDNEY- HORN AND ASSOQATES, INC OWNERSHIP CERTIFICATE THE BENG ThESUBDIYIDER')FI NE LAND (,OVERED BY THIS FIAT THE RR( ORD RS OF n,nicCARF LSTFO HFRHN. DO hFRFBY c=RTIFY TEAT SAID RFcoRD OWN=Rs cDNSFN T TO n IF RFPAaanoN ANo RrroerxnoN oFs.10 /mP As s Io++N Nrtu1n n IF pIS¶NCIIVC BORDER UPC. WE HEREBY DELYCAiETO THE PUBLIC AN EASEMENT FOR PUBIC STREET PLRPOSSMAIN'LACE DRIVE. ASSHOWN ON SHEET 3 OFTICS MAP. EARL HOOL DmICAIE IO UPEa Y OhS.NlAIN,AN EzcwSIVESUBSU<hncE. PHUYUH E UAUTY BtiE. nwM FUR AFTER LINE AND URTN.. )T IES AD SJCU,�N LONSH OFiHISMM_ WE ALSO I RALLY DEVI CATE TO TI A CIATIC5 ANiA A NA AN EASEMENT FOR SIDEWALK A Np PEDESTRIAN ACCESS PURPOSES, AS SHOWN ON SHEETS OF THIS MAP. MAINPLACE SHOPPINGTOWN LLC, A DELAWARE LIMITED LIABILITY COMPANY PRI Ni NAME PRI Ni NITA OPPOSED PRINi1NLE MAINPLACE SHOPPINGTOWN, LLC, A DELAWARE LIMITED LIABILITY COMPANY NOTARY ACKNOWLEDGMENT A THERA BY PUBLIC 01 SCH-1 COPPER COMPLETINCHHUS C ESCALATE VERSED OUNLITHE STATE AT CAUFORNIA COUNTS OF SAN- BEFORE ME NOTARY PUBLIC IVFO PROVE) TO ME CH THE BASIS OF SATISFACTORY EVOEJCE TO BE THE PERSONIC' W HOSE nF S11S/ARF SUBSCRIBED TO THE WITHIN INSTRU1'ENT ANT] ACCNOWI H]GFD TO &IIF THAT HE/SHE/TCD EXECUTED THE SAVE IN HIS/HEWTHER AUTHORIZED LAYALIn MASS, AND THAT BY TOLERANCES SIGNATURE(e) ON THE N4RUMENT THE PECON(S). OR THE ENI UPON BEHALF OF AS HICH THE PERSOI (Rl ACTED, EXECUTED THE INSTRUMENT. - D UNDER FEN AT O F PER JUST =_ LAW IIF TICE STATE OF,ILLWHNA THAT THE LERT NDER Th roREcolNo PnwcRAPN IsTALK Auo mRucN. SIGNATURE MY PRINd PAL PLACE OF BUSINESS IS IN NOTARY PUBUC N AND FOR SAID STATE COUNT I,O CDAIIPFRIE IN EXPIRED (NAME PG NI NOTARY ACKNOWLEDGMENT A NOIAKY PUBUC OR 01 H-K OUT CEK COMPLEI ING I HIS CEKIHOOT E FEN HAS ONLY IHE PN CT F THE I PULL VI D UAI A HO PANED THE DOCUFNT TO N HIDH Ha CERTIFICATE 15 ATTACHE[ TTACHED. AND NOT THE TRJTH FIT LI ACCURACY OR VALIDITY OF THAT DOCUM-ND STATE OF CALL FORMA COUNTY OF - ON- BEFORE OF ANOTARY PUBLIS PERSONALLY APF-AREo O 1) PROVED IT E ON THE CARS OF SATISFACTORY PHO A NAMEISI IS/ARE SIIPSN ASSAF i0 THE WITH' N INSTRIIMEIJT AND ACKNOWLEDGED HAAR THAT .,E LUCIHATCUC FREEY U DTHE FAME IN HI HAVITHER AUTHORIZED CAPACID ISI-ANDTHAT BY HIS/HER/THEIRS' GRAN E(S) ON THIS INSTRUMENT THE PLRSOI (Aj OR THC IJTRY UPONBEHALF OF C ALIN IsC EXEC LIA INGIDTIONI- CERTIFY UNDER PL Ln OF PERJURY UNDER i LAWS OF TI L STATE OF CALIFORNIA TI IAi TI IL FOREGOING PARAGRAPH IS TRJEAND CORRECT SIGNATURE MYRON' PAL PLACE OF BUSINESS IS III NOIANY PUBLIC IN AND TOR SAID STATE COUNTY M ( COMMISSION EXPIRES NSA MAYNNI-I RECORD EASEMENT HOLDERS: INIOPAL CORPARAII PN HOLDEROh AN AASGmANI roR TOR'UBIC L n InF.,. TOGFTHFP ITHTHE rkFTUA PACT AND FACIONT TO CONSTRUCT. INSTALAINTAIN. REPAIR, REIJEW REFUGE OP -RATE AND USE UNDERGROUND WATER LINE OR LINES, AND RI N ANCAS IHAH2GA OhANY SICA OR IHAR ARIPLS AND RIGHIS INCIDAN JAL HCHEIO. RECORDED TFCFrnRFk 9. 1AIR AS kFCOkDING N0. 8]-68 B]B.OF OFHCIAI 2FCOkOS. klij ;Ai =r&QI CA III ITS 1=10I I rV T FPTAO AND PILED AT THE ATQiIF$T OF CHICAGO TITLE COMPANY TIME FEE $ INSTRUMENT NO. BOOK PAGE HUCH NGUYEN COUNTY CLERK —RECORDER BY DEPUTY UNIT NAP' VAS PREPARED BY ME OR UNDER MY DIRECTION AIDE IS BASED UPON A FIELD SURVEI' IN CONFCOWA TAIT IHEACQUAMENSOF NU, SOVICISION MAY ACT- LOCAL AFRAID C' E REITES I IF ION ENAIAL O-L FSAE IN JUL"'02➢. I TEPID SIT A I iAl ALL TIONCIS.aHE Oh AND OCCUPY THE POSINDPO INDICTED OR THAT THEY WIy BESET PRIOR iO RETRACEDION E I HEREBY THIS PARC BS AP SUFANTIA C NPJ2_r i0 PROVED OR CONDI11ONAI I Y AFFROVFD TFNT/NI RAP IF ANY, O 0 SL DATED iHSDAY OF_ CAST 4�Z pE S qWF. UG � P 11CCA-111, KNAPTON.I A- ROT 2. FAY OS 19/31/FAII o. l Pv V C OF GAINED CITY ENGINEER'S STATEMENT IIAS CRY STATE TI AT I I LAVE XAMINED TI ITS MAP AND IIAKE FOUND N TO RE SUBSIANTI ALLY III CON FORMA TICE OF IT E TENTATIVE MAP, I=OQUI RED. AS FIRED VPITH, AMENDED AND APPROVED BY INCI L. IN AT ALL FROM Al CH, OF THE NURDIVLSION MAP ACT AN_ PIT' SL BDI VI ION R EGLI I All ONS I TOO BEEN COY FPI IED WTI I, LMmlHIS A,YCH_ .2021 PLEAD N'WI HAND GRACE-, A A E No 5130S ENO VEER, CI IA OF CA.N A ANA r' REGISTEAn ANEnTIREW/3I NOTES 1- THE CIA OF SANTA ANA IS THE CROPPER OF THE PUBLIC WADS MEEK WATER METER Bas. AND WATER MAIERLAVICAND.MA INIANED BY PRCIIYOhSANIAINA CONDITIONS ANA RFGUIRFF FLATS OF TENTATIVE PARC=1 IIAO NO PFNRJR9 AOMPLY BY GAP PRONG ON JUNF1 ASK. 2. COMPLY PLANA/JE LL TIKS AORTIC ORTICA TO THE FDLD/ELOP MWi PUNNING NG.MOn RATED AU US 101 X12 FROM THEPIB U C WAR, AND SAY THEPUNNING APID BVILDING AGENL' DATED PIIc:USf29111Il, NMRCH Ii%u19.ANDNAY6.L19- CITY CLERK'S CER71FICATE� CITY DFSANTA ANAL SATE OF CAUFORNIAT AS coUNTY OF V RAND-F LIKES' CEiiIFY THAT ON THE DAY OF 2021 THE CITY-NGINE_R ON SUP,4Oh THE O Y COUNCIL YUNSUANI 10 FOCI ION 34183 O- IHE SANTA ANA MUNICIPAL CODE APPROVED SOD MA- D ALSO AYYKOV ESTO CI MAP YUNSUANI 10 1i-YHCNSIONS OF OCI ION 66936fA 3 1jNf CD THE SJA:I VISIT DID ALSO ACCEPT ON BEHALF OFTF-PUBUC THE EASEMENT DEDICATION FOR PUBLIC STREET PUNYoses Io sA10 MAIry race oa VA s DADICAI m. AND AI IAAccFPT F N BFI IA1 F TO TT Fan o=SA TAANATI IF UTII ITY FTMA, FNT AS DEDCATED- AND o ALSO ACCEPT ON BETRO IF Ti_ CITY OF SANI AND PEDESTRIAN AND SIDEWALK DAI c'IAD CITY CLERKI THEOIY oFSNTAANA COUNTY SURVEYOR'S STATEMENT THIS MAPIS ACCEYABLE FOR BACARDAIION THIS _AY OF ILLS COUNI ENCETOR I LVH "I- N. SANDBERG. DEPUTY ' COUNT" SURD COR LS GOA[ COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE STATEOFCAU OPTIC I 111111 OFIDAIIIE ACCCUTDIDoC 10 HUE OLOHLOo FORCE o LIENS.ACYINEI THE BROD TOVFRFD tP ORANYLH FRAF FOP, INPAI_STATE -OUNTY J.UwuPA OR LOCAL TAXESOR P-CIAL SCOLLCTED AST\E.-:CEPi-AlES OR 'ECIAL NSSASS/HJIS COLLTCI-AASAO:FS NO YEI YAYAB_A. AND DO CFRIIFY i0 TI IF RECORDER OF CAPANGF COLNIY TI IAi TL IF PROVISIONS OFTL IF TICE OTY OF SANTA ANA. A XTRUCHALCCRPORATIOPI HOLDER OF AN EASEMENT FOR SUBDIVFON MAP ACT HAVE B-N CAROLED WITH REGARDING DEPOSITS TOPE URE PAYMENT NS ALU ION AT II S1-n HOLES D EC �R LOOP,, WCIA L BOXES, CONDUITS AND TAXES AS SPACIAL XFORC IS COLLECTED PC ARSON HISJn HUE LAND ANATTF RIGHTS0 NORWiSANT] FGRFSS THFRRN FOP MAINTFNANCF AND RI THIS INCIDEIJTA L THERETO, RECORDED JULY IS.19-BAS RECORDING NO. SCRASS OF SOCIAL FVNTFDiIIIS AAYOF G01_ NH OHDS SOUTI ICRN CALf/' - UIC �I RCJLENinS iT Pj.ALS PL'l ��ND C.OMAS E CRE NS/STENST 41 AMU, OF C(iL1NYTP.jq}yJRER-TAX LOLLY'iOR iREA %Pj0�}§( j5 2OF PRUTi M1' 1 N.R.BERED PARCEL PARCEL MAP NO. 2018-139 F RISI / ACREO fAQ43 Po IER( ATYE POACEL MAP NO. 20111-138 DAMO5OP oAlE�asrvEr•.ILw 2A 2o20 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA lF M,ICHAELJ RWANDAN. IS 8012 KIMLEY-HORN AND ASSOCIATES. INC I, SCALE IN FEEDS FE S BASIS OF BEARINGS MONUMENT NOTES sow o IT QGRAPNIC m rnuMVEB-mol+rn= MI O-CSGFS31a, 31NCA POUND BRASS CAR DOWND81n WELL,MONPER AT BEAPPUNEENIOORIZO ALCOV/R. N2220 ;�`" G` OS,IT, E606 Y106O' W,A VN LESS6. S111 'IN11 111 IONE(DI 111 1 oV ✓:Y'9YFPF CG M2 O-C S'GFS BAN ASCARTOfTIICCSRN`R'TIICO,CS- rvaormEORANCEeourcrs,e�EroR' HoarzorraLeoNTRGL DATA SHEET LEGEND CONTROL SHEET DATUM STATEMENTn 221a.md 19' E 6.061g3S,S]' DY�nrti ,-r111AND EEIN!, COORDINATES... WNARE iNE SUEDMDFO eYi `JJ h�A^PY RKAA IIN R IA . SIEM(CCSOJf. ZOJE VL M3 SEI.,I,OSTK'LY CO3.pFk2 EST -Bl'IMERSECIION. LOT OR,AR -L L'Ni 11 Ali111 " ' J-..+O FFliC H0 C'-S V'PS TINS S OLI 4S:MHJ!(- f 6.069,0]299' BIT III.BIT , DISTINCT, S C UW PSS 'G NIGH�Orv<AY If E"[0 OC AOV M SEN., END OF CUR VE IN W' L1' LINE OF PA RIFT 8, FEE R 1 ETA BUSHED BY NULPPLVDROUNDDIS(ANCEBYCW99621 IN ERSK HAD WITH THE SIDELINE �)F MAIN=LV EDRIVEFLDINTRE.[JRDRADIID — CENiEPfIhE Cp TI' C)'r APUirD ar PERRI LROMN,ONUNUITHOINTI IEW'L"LIHEOFPARCEL6 PERRl R. E. 3VFARORRD. N+O:EOr -cS,pUND FIO ICJ SAp`] CON VARGENCE MONUMENT p IS VCONC KRI-ACCEPILiJ ACq u 1 r oc... 111011111111 �aweoL nc sJ v.Dzaza". I pnm uv E Frrac LR Pears � PE2�9RE � S! iIONMJNJM ENTJFSFR `Ok SJN FllEll 1 TIP REFERENCES I Mc rouHDLFADANDDIs<SAARK-DRCEP9L9"_YINGEOSTHGO573B"CREST D.1-' OFFr_EOFTHEORANCEC0'JN'rsu9u= R R s o SSO ISO EAGA642 FKONIHESW'LYCOK CFPARCEL NCH NOIISEJLCRUNt o-R D o-D'. Prc. Nsr. Nc. R3 Bdd LJc-092D L-17 ACTUAL IRON PIO PPPFN,F VS FT' IN A„-P„GTFDAGA'CINTINT I IYIINFOF OGS O.:NGECOItiJIYSUNV�YO% 16 NIBd2J20921 PARCEL 8, PER ZI. SFN SETRCI IRS KIUND NO' IIFG as 9311 CAR 1111 UP IF } V V V r O� a QIF w IPARCELI " I � u 6 -' L PARCEL 2 LLA 2020-01 R CT LEE TRANSPORTATIONUS I LINE) ITS UNIPTI 1 TENDS WEST 006 FRO MED OFCURVE AS PERK. ND SPIKE ER IASK ,LIFE RNA DE T,\ENT TTF TR INSPORTATIOI FLUSIIIIJAC PERK AHDR4I IELDF R BEGINNING OF CURVE. 11 FOUND I' IRONPIPEAITHDISKMAHKED R EP269', HLSH PEKRI-ACCEPTEDASTHE MII FOUND SPIKE AND WASHER NARKED FOR 27269",=LUSH III P C, PERRI. ACCEPTED AS ILE C 10 p O C U TP A.CE DRIVE ARTH THE Y PROD OF THETANGICITTO CURVE OF NIANDLYSTRE DRIVE PER k 12 FOUND SPIKE AND'CITY OF S ANTA PIA WASHER FLUSH P RF CC EDPS HE 'IT CENIAPLINE INIAHREPYKIN OF DINFLALE DROP AND BRC,CA,YFERRY 3 VNUPIIIIC CAPIN GTYCFAANTASIGN SCANED' 'AI ACCEPTED AS TFE SLY CENTERLINE INTERSECTION OF I.IAIJPLACE DRIVE AND BROADWAY. PER A,I EDSP < voNTERSEC ION or m F SA PROD- DRIIE E LY UNE OF PA Fca 8 WTI I mC CEN CLINE OF VAINPLALE DRIVE PER RI. PAY, DD MI v ,I 1v RDL68 ISD9 /.9'IGROUNDI 4 1 '1\ Council 616, Erntl15HED COR COI , TELLS 11111 ( ) I'.l OR BY E, PI. DANDR-111IF1 0 ( SOLI 5 NPN` All HICIFIR 15 ISIN1111111 W C FOMY O SIIIPICA I ED 'SRN CALTOJENCE S-ALYA- rR NEWORK CGFS ITI, URNRU NONE I r1TOA' (R) RARER I LLE.I RING RL IP ¢r1 _"_ I LINE DATA TABLE I 19 "ISVddddI3Y(9 ""R2 C 88SNW SAT 58P2JJ NDI^uu'r so.m Nm-�m'r /R•1 -NY ryA �l C<2 CURVE DATA TABLE a a"I e'aIE(1 2o_11' Q� 1 E ��� RAINRYS) I�GTH(Ml D LrA( 1 TIOISH Ev rH(,el ADIRRO F.F C 2111 39. 11 A 9L3 6 2..f0 3 '1' J '111 R2 EP F- AS 0' A y5U d5 332' 11 \- QA� C 21 AD' 5..00 0I 5 I,N' A 11 9]1'AT ff OF ED' A39p59d .,1,50 AS RJ9DRUI' RI NOT A PART OF THIS SUBDIVISION APE- 1PY, P pRAA20 PP -" PARCEL 1 6-15 PARCEL 3 LLA 2020-01 U RD 26 rc a p vvNY m ll p V a� ham, (6 A I 5 _ z SRI Q. AM000 � 1 (1125 ?'[: FR 11 L LE L M ) D'RIVE' rcA I.LU -62 >'— BROADWAY¢ 1 7/20/2021 OF EFEERB PARCEL MAP NO. 2018-139 1 N.R.BERED PARCEL &1G8 ACRE$ GPC>H AO 5 OF IBJFATYE POACEL MAP NO. 20111-138 DNORTH ogreM GP alRVEn.1L1Lv 2A 2o2o IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA MICHAELI KNAPTO N, LS 8012 KINNEY-HORN AND AASSCGATES, INC GRAPHIC SCALE IN FEET a za�— — — — — — — — — — — — — — — — — — — — — — — — ` I LEGEND A, PARCEL 3 �� 11, 11 LLA 2020-01 e I UKAS s r w-m Pry -I ANo o AD 'T- JLOTORFARCAI IN- N v eseoo ER '�� PARCELI A Awe AT C, I _ QQ I EY'SIING RIGHTOFWA PARCEL 1 ^ o,A. ' / - e e re IN /37111, 1 M0 DETAIL 8 dos 'L RAL iC5 L1 V 8 4NG 'S: OTAIDA5LlO [L) da'R—PARCEL3�eaaLl 7F96 p wcRATES ro Es naD-.SHE ° LLA 2020-01 s s n r N O s IT s /.<. o oa FO AND IDEETc r re N i 1 S OF - 1,/ I�-'111 FAII,I O '1 550. 5 ttJ Z S_.FI oS 4111',IA,1//II O /W CC - v B�AQO I-N"QOS' /_ ' [) O.1IH SO II AO.A IF I5 vee SJ"N' a v R - T-ISi ITIAILS TID oT lil�=1N�LAT=S PARCELI may'- I s cs IA'I" `<P./ � MAIN PLACE DRIVE � � �F„ERDNE L---------F JL----------------� DETAIL "C" DETAIL "A _ IITroscue NA IOICAm c o.R-2110o PARCEL 1 — — — — — a- '/ - s I I PARCEL 1 dJ S9 S r Aso - a '- Ai r- � L8 1 a s i IB 1. M PARCEL 1 c s L , 1 1 �aoa 9a2¢-OA I -t I7�1 , / _^91a !-- 2"5,0d� f OC L_ DETAIL F — — — .Ls /P o'P Sa/ce EJ I L 9esHHZI1° L2 _ 0 i i e[I.C[ ALE l 2292 L�-6 1 IL c uNE DATA TAaLE CURVE DATA TART E N ,4AN-�MAIN PLACE DRIVE t — — ,relNe An1us r - I° DETAIL NIT's ue M9 L7NOl'Si' 16"E 133J' mm-aas<R zm' PARCEL 3 - PARCEL 3 LLA 2020-01 LLA 2020-01 r R I « E iE"<"w C -TAIL L Pv _ v/ �A � IF Y b\ f PARCEL 1 3.209 ACRES \-O T N T Se DETAR A - U 0 FEELF Ak IN . \� ,,..o,N FA a M9 a, F- li 7 EASEMENTS ' - O U1'OFSnNin ANA F08 /J" .\� y WATER II VE P IIRPDSES AR D TF E 11 GIN T SEEDEIAIL"E" `I CI [O. GNAN RHHtLON. T �a„"' C\�/� HEN \ Ov-r /T 2 O II O S f0-LSIDFNA K \ ` 2 SS'IFFSYV TS>AO' _ - IT _ AND PEDESTRI.! CESS, R ED HEREON.18tLePS'F oA nL LTHET, ,F2� zA2. H IC HIIT( AN CT FR LHODSD ITALP -RANTED HEREON H _�� _ Ifd_13'- mn--f-- --- --- �L �PROp -- i IARI';asv -, ea^esoa��.v ave o:- -_------- -f--- ----_ MAIN PLACE DRIVE "" "I OADWA EXISTING EASEMENTS HECIT OFSANI HNICI VAT DALLASA ION H AN EASTEN FIE GH THETA TILL HE CG[H[HMH LO EASEL ENI OLIRHCII].IS nAINI.IN, RELAH, = IACF,PFRATF ANDHSFHNLFRGROHNLW FRIINFCRIINFi, ANN APPHRTFNANCFSTHFRFCF GFANYAIFFOR,NANFEARANSRILLIF INGL]FnTAI THELENA kFCORFDLICFALRR9. 1957AS RtORING NO. ED6818]8, OF O=RGAL RECORDS. 1 ` _L _ r HF'GHiOFIN �L]0RI{65NHdF4l-IAITHEN C NDRI_FTS IN -I TA THFRFTJ.F„CRL]FINNI �®GCS ryFST HAGO.8TTOF655 IF O HCIA DFC.ORIS. 7/2T0/20�15ND SUHTFERNLAHFURNIREIISONVVCLLBA�LRAIIN�'V�L ALDRPDRATIDH.FILLEROFANEASE.-NT 11 HNDERtiRDHND ELETTRICALI JPPH SVYSTENS JL COMMH IN CAII OLI SYSTEMS All' A FATR Ill LENT AL THElEREIl Public Works Agency https://www.santa-ana.org/pw Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Grant for Water Production Facilities AGENDA TITLE Approve Appropriation Adjustment Accepting California Governor's Office of Emergency Services Community Power Resiliency Grant Funds for Water Production Facilities in the Amount of $300,000 (Non -General Fund) RECOMMENDED ACTION Approve an appropriation adjustment accepting California Governor's Office of Emergency Services Community Power Resiliency grant funds in the amount of $300,000 into the Public Works Emergency & Health Grants, State Grant -Direct revenue account and appropriate the same amount into the FEMA/OES Disaster Assistance, Machinery & Equipment expenditure account for expenses in Fiscal Year 2021-22. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to Metropolitan Water District (MWD). The system has an average daily demand of 43 million gallons from its roughly 45,000 service connections. In October 2020, the Water Resources Division submitted a grant application to the California Governor's Office of Emergency Services (CalOES) Community Power Resiliency Allocation to Cities (CPRAC) Program. The CPRAC Program is a state aid program designed to support California incorporated cities in preparing for and responding to power outage events. The current grant program cycle made $13 million available from the State General Fund. Each applicant was able to apply for up to $300,000 in CRPAC Program funding with no local funding match required. In March 2021, the Public Works Agency was notified that it had been awarded the full requested amount of $300,000. Due to the continued threat of wildfires, the City of Santa Ana's energy provider, Southern California Edison (SCE) performs Public Safety Power Shutoffs (PSPS) in order to reduce City Council 7-1 7/20/2021 Appropriation Adjustment for Water Production Cal OES Grant July 20, 2021 Page 2 the fire risk caused by the SCE infrastructure. When a PSPS occurs, City water facilities may be rendered non -operational due to a lack of backup power generation. The funding received from the CRPAC program will help to procure fixed power generators at Wells 28 and 31 in order for the wells to remain operational during these power outage events. ENVIRONMENTAL IMPACT There is no environmental impact is associated with the action. FISCAL IMPACT Approval of the requested appropriation adjustment will recognize $300,000 in CalOES Community Power Resiliency grant funds into the Public Works Emergency & Health Grants, State -Grant Direct revenue account (No. 12217002-52025) and appropriate the same amount into the FEMA/OES Disaster Assistance, Machinery & Equipment expenditure account (No. 12217331-66400) for expenditure in FY 21-22. EXHIBIT(S) 1. CalOES Notification of Subrecipient Allocation Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 7-2 7/20/2021 GAVIN NEWSOM GOVERNOR March 12, 2021 Cal "S OMPANCR's OFFICE OF EMERGENCY SERVICES Nabil Saba, PE Director of Public Works City of Santa Ana 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, CA 92701-4058 MARK S. GHILARDUCCI DIRECTOR SUBJECT: NOTIFICATION OF SUBRECIPIENT ALLOCATION Fiscal Year (FY) 2020 Community Power Resiliency Allocation to Cities Program Period of Performance: July 1, 2020, to October 31, 2021 Dear Mr. Saba, PE: The California Governor's Office of Emergency Services (Cal OES) approved your FY 2020-21 Community Power Resiliency allocation in the amount of $300,000. Cities are encouraged to support one or more of the Community Power Resiliency areas: schools, food storage reserves, and/or COVID-19 testing sites. Eligible activities under this allocation are limited to: • Equipment - Funds may be used for the procurement of: o Generators and generator connections for essential facilities, with an emphasis on clean energy and green solutions where possible or other alternative backup power sources; o Generator fuel and fuel storage; o Redundant emergency communications (e.g., battery -powered radios); o Portable vehicle -mounted charging stations; o Portable battery -powered and rechargeable radio repeater and transmission equipment. E 3650 SCHRIEVER AVENUE, MATHER, CA 95655 (916) 845 8859 TELEPHONE (916) 845 851 1 FAx www.CalOES.ca.aov City Council 7-3 7/20/2021 City of Santa Ana March 12, 2021 Page 2 of 3 • Plans - Funds may be used for the development/update of: o Continuity plans; o Contingency plans for electrical disruptions that include considerations such as protecting individuals with access and functional needs, medical baseline and socially vulnerable populations, transportation, emergency public information, and preservation of essential functions; o Risk assessments for critical infrastructure and lifelines; o Post -event reports that identify lessons learned and corrective actions. • Public education materials or supplies focused on individual family preparedness for electric disruptions. • One-time costs associated with identifying and equipping resource centers for the public to access during electrical disruptions. The following activities are not allowed: • These funds shall not be used to secure, compensate, or backfill professional services contracts. • Response costs associated with electric disruption events including any staffing or new positions, Emergency Operations Center staffing, security, law or fire response, or other overtime charges. All activities funded with this allocation must be completed within the Grant Subaward period of performance. Additionally, the Subrecipient is subject to the following requirements: • As a condition of receiving funding, cities will be required to collaborate with their counties within their jurisdiction to support critical infrastructure and resiliency county -wide with a particular focus on public safety, vulnerable communities, and individuals with access and functional needs. • Must ensure they and their principals are not presently debarred, suspended, proposed for debarment, or declared ineligible. • Must provide a Progress Report on the expenditures of the funds. The Progress Report is due no later than November 30, 2021. This Progress Report shall identify how the funds have been used, including identifying each project or activity undertaken, local entity that undertook the project or activity, the amount of funding provided to the project or activity, and a description of each project or activity. The report shall also City Council 7-4 7/20/2021 City of Santa Ana March 12, 2021 Page 3 of 3 identify the specific outcomes achieved by each project or activity, including whether the project or activity was completed and whether if was used during power outages. • Must coordinate with their city or county planning agency to ensure that the project is in compliance with the California Environmental Quality Act (CEQA) Public Resource Code, Section 21000 et seq. • Comply with the California Public Records Act, Government Code Section 6250 of seq. • Must procure goods and services in compliance with applicable state and local laws, ordinances, rules, regulations, and policies. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Subrecipient: Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Your dated signature and above fillable information is required on this Notification of Subrecipient Allocation. Please sign and return requested information to PSPS@CalOES.ca.gov within 20 calendar days upon receipt and keep a copy for your records. For further assistance, please email Cindy Logan at.PSPS(§CalOES.ca.gov. Sincerely, MARKS. GHILARDUCCI Director City Council 7-5 7/20/2021 City Manager Office www.santa-ana.org/cm Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Grant for the Health Equity and Literacy in OC (HEAL-OC) Initiative AGENDA TITLE: Approve Appropriation Adjustment Accepting U.S. Department of Health and Human Services (HHS) Grant Funds for the Health Equity and Literacy in OC (HEAL-OC) Initiative in the Amount of $4,000,000 RECOMMENDED ACTION 1. Approve appropriation adjustment accepting U.S. Department of Health and Human Services (HHS) grant funds for the Health Equity and Literacy in OC initiative in the amount of $4,000,000 into the Health & Equity Literacy revenue account and appropriate the same amount into the Health & Equity Literacy expenditure account. 2. Authorize the City Manager to execute all necessary agreements with the HEAL- OC subrecipients (Coalition of OC Community Health Centers, Latino Health Access, Orange County Asian & Pacific Islander Community Alliance, and UC Irvine) to administer the initiative subject to non -substantive changes approved by City Manager and City Attorney. DISCUSSION Grant Funding Opportunity from U.S. Health and Human Services In April 2021, City staff submitted a grant application to the U.S. Department of Health and Human Services (HHS) for their Minority Health Community Programs to Improve Minority Health grant funding opportunity. HHS considered the following factors when making recommendations for awarding this grant: applicants serving localities with the highest social vulnerability, applicants with identified Minority Serving Institution partners, and equitable geographic distribution. Health Equity and Literacy in Orange County (HEAL-OC) Initiative Working alongside the Coalition of OC Community Health Centers, Latino Health Access, Orange County Asian & Pacific Islander Community Alliance, and UC Irvine, the City successfully submitted a proposal for the Health Equity and Literacy in Orange County (HEAL-OC) initiative. The goal of HEAL-OC is to reduce COVD-19 inequities through four objectives: City Council 8-1 7/20/2021 Grant for the Health Equity and Literacy in OC Initiative July 20, 2021 Page 2 1) Increase collaborative capacity of the City of Santa Ana and an established partnership, the Orange County Health Equity COVID-19 Community -Academic Partnership. 2) Develop a Disparities Impact Statement as a framework for designing, implementing and evaluating interventions. 3) Implement a sustainable Health Literacy Plan incorporating National Culturally and Linguistically Appropriate Services (CLAS) Standards. 4) Engage with a Minority Serving Institution (LIC Irvine) to conduct rigorous evaluation with periodic reporting and quality improvement recommendations to all partners. Through these four objectives, HEAL-OC will work to accomplish the following outcomes: 1) Capacity — Co -develop with community partners and stakeholders a Disparity Impact Statement as a framework to guide the development, implementation and evaluation of a Population Health Literacy Plan. 2) COVID-19 Education — Develop and implement a Population Health Literacy Plan to deliver linguistically and culturally appropriate COVID-19 education and resources to Latino and AAPI residents in the targeted communities. 3) COVID-19 Services — In the first 6 months, achieve a 25% gap reduction in COVID-19 testing and vaccination access for 4th quartile Social Vulnerability Index areas in Santa Ana, compared to the rest of the county. By the end of the project period, achieve a 50% gap reduction and achieve a 50% increase in the proportion of residents with a confirmed vaccination in an information system. 4) Health Literacy Surveillance — Establish a Health Literacy Working Group including at least 4 community health centers and conduct baseline measurement of Healthy People 2030 health objectives. 5) Health Literacy Intervention — Co -develop and implement a feasible, culturally competent intervention at two community health centers. 6) Health Literacy Outcome — By the end of the project period, achieve Healthy People target values for health literacy objectives or reduce the gap between the baseline value and the target value by at least 20%. Award of $4,000,000 for HEAL-OC In June 2021, the City was notified by HHS that the City would receive a $4,000,000 award to implement HEAL-OC. The award will be dispersed to the HEAL-OC partner organizations as follows: City Council 8-2 7/20/2021 Grant for the Health Equity and Literacy in OC Initiative July 20, 2021 Page 3 Agency Annual Amount Total Amount City of Santa Ana administration $200,098 $400,196 Coalition of OC Community Health Centers $600,000 $1,200,000 Latino Health Access $455,000 $910,000 Orange County Asian & Pacific Islander Community Alliance $400,000 $800,000 University of California, Irvine $344,902 $689,804 Total $2,000,000 $4,000,000 To facilitate the implementation of the HEAL-OC initiative, staff recommends that the City Council authorize the City Manager to execute all necessary agreements with the HEAL-OC subrecipients (Coalition of OC Community Health Centers, Latino Health Access, Orange County Asian & Pacific Islander Community Alliance, and UC Irvine) to allow the City to issue grant funds to those organizations to administer the initiative. City's Equity Coordinator Position Among other outcomes, the City of Santa Ana will utilize monies from this grant award to fund the City's Equity and Inclusion Coordinator position. Among other duties, the Equity Coordinator will be responsible for administering the HEAL-OC initiative, including overseeing the agreements with the subrecipients. a. Co -develop with community partners and stakeholders a Disparity Impact Statement as a framework to guide the development, implementation and evaluation of a Population Health Literacy Plan. Next Steps Staff will provide periodic updates to the City Council relating to the progress of the HEAL-OC and will report out performance metrics to measure results. FISCAL IMPACT Approval of the requested appropriation adjustment will recognize $4,000,000 in U.S. Health and Human Services grant funds into the Health & Equity Literacy revenue account (No. 17803002-52008) and appropriate the same amount into the Health & Equity Literacy expenditure account (No. 17803010-various) for expenditure in FY 2021- 22. Any unused funds from FY 2021-22 will be carried over to FY 2022-23. EXHIBIT(S) 1. Notice of Award Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 8-3 7/20/2021 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Recipient Information 1. Recipient Name SANTA ANA, CITY OF 20 Civic Center Plz FI 8 Santa Ann_ CA 92701-4058 2. Congressional District of Recipient 46 3. Payment System Identifier (ID) 1956000785A3 4. Employer Identification Number (EIN) 956000795 S. Data Universal Numbering System (DUNS) 083153247 6. Recipient's Unique Entity Identifier 7. Project Director or Principal Investigator Ms.Daisy Perez dpercz(r�santa-ana.org (714)647-5219 R. Authorized Official Ms. Kristine Ridge knidge(ulsanta-ann.org 714-647-5200 Federal Agency Information CASH Crants and Acquisitions Management Division 9. Awarding Agency Contact Information Miss Robin Fuller Senior Grants Management Specialist robin.fnller(n),hhs.gov 240-453-8930 10.Program Official Contact Information Brandon Wood Senior Public lleallh Analyst BWood(r`yhrsa.gov 301-594-4426 30. Remarks Notice of Award Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 Federal Award Information 11. Award Number I CPIMP211286-01-00 12. Unique Federal Award Identification Number (FAIN) CPIMP211286 13. Statutory Authority 42 U.S.C. § 300u-6, (Section 1707 of the Public Health Service Act) 14. Federal Award Project Title Health Equity and Literacy in OC (HEAL-OC) 15. Assistance Listing Number 93.137 16. Assistance Listing Program Title Community Program to Improve Minority Health 17. Award Action Type New 18. Is the Award R&D? No Summary Federal Award Financial Information 19. Budget Period Start Date 07/01/2021 - End Date 06/302023 20. Total Amount of Federal Funds Obligated by this Action 20a. Direct Cost Amount 20b. Indirect Cost Amount 21. Authorized Carryover 22. Offset 23. Total Amount of Federal Funds Obligated this budget period 24. Total Approved Cost Sharing or Matching, where applicable 25. Total Federal and Non -Federal Approved this Budget Period 26. Project Period Start Date 07/01/2021 - End Date 06/302023 27. Total Amount of the Federal Award including Approved Cost Sharing or Matching this Project Period 28. Authorized Treatment of Program Income ADDITIONAL COSTS 29. Grants Management Officer - Signature Dr. Scott Moore GASH Grants Management Oftirer This action awards funding from the Coronavirus Response and Rclicf Supplemental Appropriations Act, 2021 (P.L. 1 16-260). S4,000,000.00 S4,213,618.00 $36,382.00 $0.0o $0.00 $0.00 $250,000.00 S4.250.000.00 Not Available City Council M 7/20/2021 Page 1 g+�uugq r=r DEPARTMENT OF HEALTH AND HUMAN SERVICES 3 Office of the Secretary Recipient Information Recipient Name SANTA ANA, CITY OF 20 Civic Center Plz FI 8 Santa Ann- CA 92701-4058 Congressional District of Recipient 46 Payment Account Number and Type 195600079SA3 Employer Identification Number (EIN) Data 9560007S5 Universal Numbering System (DUNS) 083I53247 Recipient's Unique Entity Identifier Not Available 31. Assistance Type Project Grant 32. Type of Award Other 34. Accounting Classification Codes Notice of Award Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 33. Approved Budget (Excludes Direct Assistance) I. Financial Assistance from the Federal Awarding Agency Only II. Total project costs including grant funds and all other financial participation a. Salaries and Wages S289.750.00 b. Fringe Benefits S57.950.00 c. Total Personnel Costs S347.700.00 d. Equipment S0.00 e. Supplies SII.114.00 f. Travel S5.000.00 g. Construction S0.00 h. Other S0.00 i. Contractual S3,849,804.00 j. TOTAL DIRECT COSTS $4,213,618.00 IL INDIRECT COSTS $36,392.00 1. TOTAL APPROVED BUDGET $4,250,000.00 m. Federal Share $4,000,000.00 n. Non -Federal Share $250,000.00 N'Y-ACCOUNINO. DOCUDIE]'r NO. ADMINISI RA'I O'ECODE ORJLCT CI.Ass AM'I AC" I]ON 1+6ANC'IAL ASSISTANCE: I APPROPMAI N 1-199C4BF CP1MP1286C5 MPD-52 41.51 F'4M0.000.09 1 75-2122-0140 City Council M 7/20/2021 Page 2 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary 35. Terms And Conditions SPECIAL TERMS AND REQUIREMENTS Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 1. Limitations on Burn -rate. Funding for this project has been awarded as a single budget period for the entire project period. OASH expects awardees appropriate management of funds including appropriate bum -rates to execute the awarded project in full. To protect the federal interest, GASH is placing a limitation on the bum -rate of the Total Federal Share awarded. Unless prior written approval has been obtained from the OASH Grants Management Officer, the awardee is authorized to drawdown: — up to 306/6 of the Total Federal Share in the first 6 months of the project period; — up to 55% of the Total Federal Share in the first 12 months of the project period; and -- up to 80% of the Total Federal Share in the first 18 months of the project period. Prior written approval is required from the CASH Grants Management Officer to exceed these limits. Requests will only be considered after reviewing a sumitted Budget Revision Amendment including a justification uploaded in Grant Solutions. 2. Special Reporting. For the first 6 months of the project, you must submit monthly reports in Grant Notes in Grant Solutions. The calendar month is the reporting period. The reports are due no later than 7 calendar days after the end of the month. Each report shall contain a summary of the previous month's accomplishments, difficulties, and a 30-, 60-, and 90-day outlook table. Your project officer will provide additional guidance regarding optional formats. After the sixth report, the reporting cadence will automatically revert to the quarterly reporting frequency noted in the Reporting Section of this Notice of Award unless your award has a different reporting cadence under Special Conditions. The monthly reporting cadence may be extended as necessary for appropriate monitoring of the project by the Grants Management Officer. 3. First 30 days. The follwing item must be completed and submitted as a Grant Note(s) in Grant Solutions within the first 30 days of the project period. a. Budget Revision. No later than 30 days after the project period start date, you must submit a revised budget via Grant Notes in Grant Solutions on SF424A for non -construction projects with a revised, detailed budget justification. The budget must be broken down by year and cover the entire project period. Awardee and contractor costs must be properly allocated in the budget categories (e.g., contractor salaries assigned to contracts and not awardee employee salaries) and correctly apply the indirect cost rate to the modified total direct costs (MTDC). Budgets must conform to the cost principles in 45 C.F.R. part 75. If you have a negotiated indirect cost rate, you must provide a copy of the documentation to support it. b. Acquisition Process Timeline. No later than 30 days after the project period start date, you must submit a timeline for your acquisition/contracting process to be used to solicit and execute contracts to support this grant. c. Staffing Plan. No later than 30 days after the project period start date, you must submit the staffing plan for the project indicating positions already filled as well as those that are currently vacant. You must include the anticipated onboarding dates for positions to be filled to execute the award. City Council i 7/20/2021 Page 3 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 d. Disparity Impact Statement (DIS). No later than 30 days after the project period start date, you must submit a Disparity Impact Statement (DIS) prepared according to the guidance posted by the Office of Minority Health at htips://minorityhealth.hhs.gov/disparities-impact. e. Audit Findings. No later than 30 days after the project period start date, you must submit your corrective action plan for any material weakness or material non-compliance finding that relates to internal controls or subrecipient monitoring in your most recent Single Audit. 4. First 60 Days. The follwing item must be completed and submitted as a Grant Note(s) in Grant Solutions within the first 60 days of the project period. a. Planning Documents. No later than 60 days after the project period start date, you must submit a detailed work plan, a health literacy plan incorporating the National standards for Culturally and Linguistically Appropriate Services in Health and Health Care, and an outcome evaluation plan. The plans should appropriately relate to and build upon each other. b. Subrecipient Monitoring Plan. No later than 60 days after the project period start date, you must submit a comprehensive subrecipient monitoring plan specific to the subrecipient activities under this project. 5. First 90 days. The follwing item must be completed and submitted as a Grant Note in Grant Solutions within the first 90 days of the project period. a. Final Confidentiality Plan. No later than 90 days after the project period start date, you must submit a final confidentiality plan. 6. Documentation of Agreements. You are expected to submit all signed Memoranda of Understanding (MOUs) with all partners within the first 60 calendar days of the project period. Additional partners can and should be added throughout the duration of the award, at which point signed MOUs should be submitted within 10 calendar days of newly established formal partnerships. MOUs should detail roles and responsibilities of each partner. You must submit a notification for each executed contract that includes a brief description of the contract scope of work, cost breakdown, the date executed, and the performance period of the contract. The notification is due 10 calendar days following execution of the contract. You should not send a copy of the contract. MOUs, contract notifications, and any other supporting documentation for partners and subrecipients must be submitted via Grant Notes Module in GrantSolutions. 7. Institutional Review Board (IRB). Institutional Review Board (IRB) approvals, when applicable, must be submitted via Grant Solutions Grant Notes within 5 business days of receipt from the IRB. No activities that require IRB approval may take place prior to your receipt of the IRB approval. STANDARD TERMS 1. Compliance with Terms and Conditions. You must comply with all terms and conditions outlined in the grant award, including grant policy terms and conditions contained in applicable Department of Health and Human Services (HHS) Grant Policy Statements (GPS), (note any references in the GPS to 45 C.F.R. Part 74 or 92 are now replaced by 45 C.F.R. Part 75, and the SF-269 is now the SF-425), and requirements imposed by program statutes and regulations, Executive Orders, and HHS grant City Council M 7/20/2021 Page 4 g+,.,uuggr=r DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 administration regulations, as applicable; as well as any requirements or limitations in any applicable appropriations acts. By drawing or otherwise obtaining funds for the award from the grant payment system or office, you accept the terms and conditions of the award and agree to perform in accordance with the requirements of the award. The HHS Grants Policy Statement is available at: htto://www.hhs.Rov/sites/default/files/arants/Rrants/oolicies-reaulations/hhspDs107.Ddf Uniform Requirements, Cost Principles, and Audit Requirements for HHS awards are at 45 C.F.R. Part 75. 2. Grants Management Officer Prior Approval Requirements. Certain changes to your project or personnel require prior approval from the Grants Management Officer (GMO). (See Part II, HHS Grants Policy Statement (GPS), any references in the CPS to 45 C.F.R. Part 74 or 92 are now replaced by 45 C.F.R. Part 75). All amendment requests requiring prior approval must be signed by the grantee authorizing official and or PI/PD and submitted through the GrantSolutions Amendment Module. Only responses signed by the GMO are considered valid. If you take action on the basis of responses from other officials or individuals, you do so at your own risk. Such responses will not be considered binding by or upon any DASH Office or HHS component. Any other correspondence not relating to a prior approval item should be uploaded to Grant Notes within the GrantSolutions system. Include the Federal grant number and signature of the authorized business official and the project director on all such correspondence. 3. Salary Limitation (Further Consolidated Appropriations Act, 2020, Div. A, Title H, sec. 202). "None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level IL" The Salary Limitation is based upon the Executive Level II of the Federal Executive Pay Scale. Effective January 2021, the Executive Level II salary is $199,300. For the purposes of the salary limitation, the direct salary is exclusive of fringe benefits and indirect costs. An individual's direct salary is not constrained by the legislative provision for a limitation of salary. The rate limitation simply limits the amount that may be awarded and charged to the granccooperative agreement. A recipient may pay an individual's salary amount in excess of the salary cap with non-federal funds. 4. Reporting Subawards and Executive Compensation. A. Reporting of first -tier subawards. 1) Applicability. Unless you are exempt as provided in paragraph D. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery Act funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term). 2) Where and when to report. You must report each obligating action described in paragraph A.1. of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FFRS). For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3) What to report. City Council i•7/20/2021 Page 5 �,a Nugy DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award 3 Office of the Secretary Award# 1 CP1MP211286-01-00 •w FAIN# CPIMP211286 Federnl Award Date: 06/18/2021 instructions posted at http://www.fsrs.gov. B. Reporting Total Compensation of Recipient Executives. 1) Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if — a) The total Federal funding authorized to date under this award is $25,000 or more; b) In the preceding fiscal year, you received— (1) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. §170.320 (and subawards); and (2) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. §170.320 (and subawards); and c) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. § 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at the Executive Compensation page of the SEC website.) 2) Where and when to report. You must report executive total compensation described in paragraph B.1. of this award term: a) As part of your registration profile in the System for Award Management (SAM). b) By the end of the month following the month in which this award is made, and annually thereafter. C. Reporting of Total Compensation of Subrecipient Executives. 1) Applicability and what to report. Unless you are exempt as provided in paragraph D of this award term, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if — City Council 7/20/2021 Page 6 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 a) In the subrecipient's preceding fiscal year, the subrecipient received— (1) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and (2) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and b) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. § 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at the Executive Compensation page of the SEC website.) 2) Where and when to report. You must report subrecipient executive total compensation described in paragraph C.1. of this award term: a) To the recipient. b) By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. D. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: 1) Subawards, and 2) The total compensation of the five most highly compensated executives of any subrecipient. E. Definitions. For purposes of this award term: 1) "Entity" This term means all of the following, as defined in 2 C.F.R. Part 25: City Council 7/20/2021 Page 7 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 a) A Governmental organization, which is a State, local government, or Indian tribe; b) A foreign public entity; c) A domestic or foreign nonprofit organization; d) A domestic or foreign for -profit organization; e) A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 2) "Executive" This term means officers, managing partners, or any other employees in management positions. 3) "Subaward": a) This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b) The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ll .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). c) A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4) "Subrecipient" This term means an entity that: a) Receives a subaward from you (the recipient) under this award; and b) Is accountable to you for the use of the Federal funds provided by the subaward. 5) "Total compensation" This term means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 C.F.R. § 229.402(c)(2)): City Council 8-11 7/20/2021 Page 8 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award 3 Office of the Secretary Award# 1 CP1MP211286-01-00 •w FAIN# CPIMP211286 Federnl Award Date: 06/18/2021 a) Salary and bonus. b) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. c) Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. d) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. e) Above -market earnings on deferred compensation which is not tax - qualified. f) Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 5. Trafficking in Persons. This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) City Council 8-12 7/20/2021 Page 9 �,a Nugy DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award 3 i Award# 1 CPIMP211286-01-00 Office of the Secretary •w FAIN# CPIMP211286 Federal Award Date: 06/18/2021 A. Provisions applicable to a recipient that is a private entity. 1) You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not a) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b) Procure a commercial sex act during the period of time that the award is in effect; or c) Use forced labor in the performance of the award or subawards under the award. 2) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — a) Is determined to have violated a prohibition in paragraph A.1 of this award term; or b) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term through conduct that is either- (1) Associated with performance under this award; or (2) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 C.F.R. Part 376. B. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity - City Council 8-13 7/20/2021 Page 10 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211296-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either a) Associated with performance under this award; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 C.F.R Part 376. C. Provisions applicable to any recipient. 1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A.1 of this award term 2) Our right to terminate unilaterally that is described in paragraph A.2 or B of this section: a) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. § 7104(g)), and b) Is in addition to all other remedies for noncompliance that are available to us under this award. 3) You must include the requirements of paragraph A.1 of this award term in any subaward you make to a private entity. D. Definitions. For purposes of this award term: 1) "Employee" means either: a) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or b) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third parry as an in - kind contribution toward cost sharing or matching requirements. 2) "Forced labor" means: Labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3) "Private entity": City Council 7/20/2021 Page 11 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 a) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. b) Includes: (1) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). (2) A for -profit organization. 4) "Severe forms of trafficking in persons," "commercial sex act," and "coercion' These terms have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.§ 7102) 6. Whisdeblower Protections. You are hereby given notice that the 48 C.F.R. § 3.908 (related to the enhancement of contractor employee whistleblower protections), implementing 41 U.S.C. § 4712, as amended (entitled "Enhancement of contractor protection from reprisal for disclosure of certain information') applies to this award. 7. Reporting of Matters Related to Recipient Integrity and Performance. A. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. § 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. B. Proceedings About Which You Must Report Submit the information required about each proceeding that: City Council 8-15 7/20/2021 Page 12 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 1) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; 2) Reached its final disposition during the most recent five-year period; and 3) If one of the following: a) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; b) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; c) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or d) Any other criminal, civil, or administrative proceeding if: (1) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (2) It had a different disposition arrived at by consent or compromise with an acknowledgement of fault on your part; and (3) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. C. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph B of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. D. Reporting Frequency During any period of time when you are subject to this requirement in paragraph A of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. E. Definitions For purposes of this award term and condition: City Council 7/20/2021 Page 13 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 1) Administrative proceeding means a non -judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. 2) Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. 3) Total value of currently active grants, cooperative agreements, and procurement contracts includes — a) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and b) The value of all expected funding increments under a Federal award and options, even if not yet exercised. F. Disclosure Requirements. Consistent with 45 C.F.R. § 75.113, applicants and recipients must disclose, in a timely manner, in writing to the HHS Awarding Agency, with a copy to the HHS Office of the Inspector General, all information related to violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Subrecipients must disclose, in a timely manner, in writing to the prime recipient (pass through entity) and the HHS Office of the Inspector General all information related to violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Disclosures must be sent in writing to the awarding agency and to the HHS OIG at the following addresses: HHS OASH Grants and Acquisitions Management 1101 Wootton Parkway, Plaza Level Rockville, MD 20852 FJOI US Department of Health and Human Services Office of Inspector General ATTN: OIG HOTLINE OPERATIONS —MANDATORY GRANT DISCLOSURES PO Box 23489 Washington, DC 20026 URL: htto://oig.hhs.goy/fraud/report-fraud/index.aso (Include "Mandatory Grant Disclosures" in subject line) Fax: 1-800-223-8164 (Include "Mandatory Grant Disclosures" in subject line) Failure to make required disclosures can result in any of the remedies described in 45 C.F.R. § 75.371 ("Remedies for noncompliance"), including suspension or debarment (See also 2 C.F.R. Parts 180 & 376 and 31 U.S.C. § 3321). City Council 8-17 7/20/2021 Page 14 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 The recipient must include this mandatory disclosure requirement in all subawards and contracts under this award. 8. Intellectual Property. A. Data. The federal government has the right to: 1) Obtain, reproduce, publish, or otherwise use the data produced under this award; and 2) Authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes. B. Copyright. The awardee may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a federal award. The federal government reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so. C. Patents and Inventions. The awardee is subject to applicable regulations governing patents and inventions, including government- wide regulations issued by the Department of Commerce at 37 CFR part 401. 9. Acknowledgement of Federal Grant Support. When issuing statements, press releases, publications, requests for proposal, bid solicitations and other documents --such as tool -kits, resource guides, websites, and presentations (hereafter "statements") --describing the projects or programs funded in whole or in part with U.S. Department of Health and Human Services (HHS) federal funds, the recipient must clearly state: 1) the percentage and dollar amount of the total costs of the program or project funded with federal money; and, 2) the percentage and dollar amount of the total costs of the project or program funded by non- governmental sources. When issuing statements resulting from activities supported by HHS financial assistance, the recipient entity must include an acknowledgement of federal assistance using one of the following or a similar statement. If the HHS Grant or Cooperative Agreement is NOT funded with other non -governmental sources: This [project/publlcation/program/website, etc.] [is/was] supported by the [full name of the PROGRAM OFFICE] of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with 100 percent funded by [PROGRAM OFFICE]/OASH/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by [PROGRAM OFFICE]/GASH/HHS, or the U.S. Government. For more information, please visit [PROGRAM OFFICE website, if available]. The HHS Grant or Cooperative Agreement IS partially funded with other nongovernmental sources: City Council 7/20/2021 Page 15 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 This [project/publication/program/website, etc.] [is/was] supported by the [full name of the PROGRAM OFFICE] of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with XX percentage funded by [PROGRAM OFFICE]/OASH/HHS and $XX amount and XX percentage funded by non -government source(s). The contents are those of the author (s) and do not necessarily represent the official views of, nor an endorsement, by [PROGRAM OFFICE]/OASH/HHS, or the U.S. Government. For more information, please visit [PROGRAM OFFICE website, if available]. The federal award total must reflect total costs (direct and indirect) for all authorized funds (including supplements and carryover) for the total competitive segment up to the time of the public statement. Any amendments by the recipient to the acknowledgement statement must be coordinated with the OASH federal project officer and the OASH grants management officer. If the recipient plans to issue a press release concerning the outcome of activities supported by this financial assistance, it should notify the the GASH federal project officer and the OASH grants management officer in advance to allow for coordination. 10.Prohibition on certain telecommunications and video surveillance services or equipment. A. As described in CFR 200.216, recipients and subrecipients are prohibited to obligate or spend grant funds (to include direct and indirect expenditures as well as cost share and program) to: City Council 7/20/2021 Page 16 �,a Nugy DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award 3 i Award# 1 CPIMP211286-01-00 Office of the Secretary •w FAIN# CPIMP211286 Federal Award Date: 06/18/2021 1) Procure or obtain, 2) Extend or renew a contract to procure or obtain; or 3) Enter into contract (or extend or renew contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Pub. L. 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). b) Telecommunications or video surveillance services provided by such entities or using such equipment. c) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise, connected to the government of a covered foreign country. REPORTING REQUIREMENTS 1. Financial Reporting Requirement —Federal Financial Report (FFR) SF 425. Effective October 1, 2020, you must submit your SF-425 to OASH using the Department of Health and Human Services (HHS) Payment Management System for any DASH awards with a project period ending October 1, 2020 or later. Failure to submit the FFR in the correct system by the due date may delay processing of any pending requests or applications. OASH and the Program Support Center are collaborating in the submission of the SF425 to reduce the burden on grantees and assist with the reconciliation of expenditures and disbursements, and to allow for timely closeout of grants. Your submission must be through the HHS Payment Management System. SF-425 submissions through Grant Solutions will no longer be accepted for OASH awards. You must use the SF-425 Federal Financial Report (FFR) for expenditure reporting. To assist in your preparation for submission you may find the SF-425 and instructions for completing the form on the Web at: http://apply07.grants.gov/apply/forrns/sample/SF425-Vl.O.pdf. You must complete all sections of the FFR. A. Quarterly FFR Due Date. Your FFR is due 30 days after the end of each Quarter in the federal fiscal year. That is for the: City Council 1 7/20/2021 Page 17 DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Quarter ending September 30, your FFR is due October 30 Quarter ending December 31, your FFR is due January 30 Quarter ending March 30, your FFR is due April 30 Quarter ending June 30, your FFR is due July 30. B. Final FFR Due Date. Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 Your final FFR covering the entire project is due 90 days after the end date for your project period. C. Past due reports. If you have not submitted by the due date, you will receive a message indicating the report is Past Due. Please ensure your Payment Management System account and contact information are up to date so you receive notifications. D. Electronic Submission. Electronic Submissions are accepted only via the HHS Payment Management System — No other submission methods will be accepted without prior written approval from the GMO. You must be assigned to the grant with authorized access to the FFR reporting Module when submitting. If you encounter any difficulties, contact the HHS Payment Management System Help Desk or your assigned Grants Management Specialist. Please reference the CONTACTS section of NoA Terms and Conditions to locate the name of your assigned Grants Management Specialist. 2. Quarterly Progress Report Requirements. You must submit quarterly progress reports 30 days after the end of each quarter of the performance period unless otherwise required under the Special Terms and Requirements for this award. Your progress reports must address content required by 45 CFR § 75.342(b)(2). Additonal progess reporting may be required under Special Terms and Requirements or Special Conditions as required by statute, regulation, or specific circumstances warranting additional monitoring. Additional guidance may be provided by the Program Office. Reports must be submitted electronically via upload to Grant Notes in GrantSolutions. 3. Audit Requirements. The Single Audit Act Amendments of 1996 (31 U.S.C. §§ 7501-7507) combined the audit requirements for all entities under one Act. An audit is required for all non - Federal entities expending Federal awards, and must be consistent with the standards set out at 45 CFR Part 75, Subpart F ("Audit Requirements"). The audits are due within 30 days of receipt from the auditor or within 9 months of the end of the fiscal year, whichever occurs first. The audit report when completed should be submitted online to the Federal Audit Clearinghouse at https://harvester.census.gov/facides/AccounULogin.aspx. CONTACTS 1. Fraud, Waste, and Abuse. The HHS Inspector General accepts tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement in Department of Health and Human Services' programs. Your information will be reviewed promptly by a professional staff member. Due to the high volume of information that they receive, they are unable to reply to submissions. You may reach the OIG through various channels. City Council 8-21 7/20/2021 Page 18 g+,.,uuggr=r DEPARTMENT OF HEALTH AND HUMAN SERVICES Notice of Award Office of the Secretary Internet: https://forms.oig.hhs.gov/hodineoperations/index.aspx Phone: 1-800-HHS-TIPS (1-800-447-8477) Mail: US Department of Health and Human Services Office of Inspector General AT77V: OIG HOTLINE OPERATIONS PO Box 23489 Washington, DC 20026 Award# 1 CPIMP211286-01-00 FAIN# CPIMP211286 Federal Award Date: 06/18/2021 For additional information visit https:Hoig.hhs.gov/fraud/report-fraud/index.asp 2. Payment Procedures. Payments for grants awarded by GASH Program Offices are made through Payment Management Services (previously known as the Division of Payment Management) https://pms.psc.gov/home.html PMS is administered by the Program Support Center (PSC), HHS. NOTE: Please contact the Payment Management Services to establish an account if you do not have one. Inquiries regarding payments should be directed to https://pms.psc.gov/home.hmfl; or Payment Management Services, P.O. Box 6021, Rockville, MD 20852; or 1-877-614-5533. 3. Use of Grant Solutions. GrantSolutions is our web -based system that will be used to manage your grant throughout its life cycle. Please contact GrantSolutions User Support to establish an account if you do not have one. Your Grants Management Specialist has the ability to create a GrantSolutions account for the Grantee Authorized Official and Principle Investigator/Program Director roles. Financial Officer accounts may only be established by GrantSolutions staff. All account requests must be signed by the prospective user and their supervisor or other authorized organization official. For assistance on GrantSolutions issues please contact: GrantSolutions User Support at 202401-5282 or 866-577-0771, email help@grantsolutions.gov, Monday — Friday, 8 a.m. — 6 p.m. ET. Frequently Asked Questions and answers are available at https://grantsolutions.secure.force.com/. 4. Grants Administration Assistance. For assistance on grants administration issues please contact: Robin Fuller, Grants Management Specialist, at (240) 453-8830, or e-mail robin.fuller@hhs.gov or mail: OASH Grants and Acquisitions Management Division Department of Health and Human Services Office of the Secretary Office of the Assistant Secretary for Health 1101 Wootton Parkway, Rockville, MD 20852. City Council 8-22 7/20/2021 Page 19 Public Works Agency https://www.santa-ana.org/pw Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Roadway Striping and Sign Maintenance AGENDA TITLE Award a Purchase Order to PCI in an Amount not to Exceed $4,938,000 for up to a Six - year Term for Roadway Striping and Sign Maintenance (Specification 21-065) (General Fund and Non -General Fund) RECOMMENDED ACTION Award a blanket purchase order contract to PCI for roadway striping and sign maintenance, in an annual amount of $823,000 and a total not -to -exceed amount of $4,938,000, for a two-year period beginning August 1, 2021 and expiring July 30, 2023, with provisions for two two-year renewal periods exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Roadway Marking and Signs Section maintains approximately 400 miles of streets within the City of Santa Ana. To maintain a high level of quality for City streets and comply with State standards, contract services are required for the installation and removal of traffic striping, pavement markings, curb markings, and raised pavement markers, as well as the installation, removal, and relocation of City traffic signs. The maintenance of signs and roadway stripes is crucial to ensuring the orderly flow of traffic and the safety of pedestrians and drivers alike. The Notice Inviting Bids for roadway striping and sign maintenance was advertised on June 1, 2021 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 497 Vendors were notified 15 Santa Ana vendors were notified 24 Vendors downloaded the bid packet 5 Bids received 0 Bids received from Santa Ana vendors City Council 9-1 7/20/2021 Award Purchase Order for Traffic Line Painting and Traffic Sign Maintenance July 20, 2021 Page 2 Bids were received and opened on June 28, 2021 and evaluated (Exhibit 1). The bid received from PCI is responsive to the contract specifications, meets the City's requirements for maximum quality service at minimum price and complies with prevailing wage requirements. Staff conducted reference verifications with other cities and confirmed that the contractor has met their performance goals. The annual amount is based on staffs projection for the next contract year. Staff believes that the bid received from PCI will be the best balance of quality service at the best rate available. The total contract award amount includes $121,920 for additional as-needed/on-call services for specialty work requests including guardrails, bollards, and roundabouts. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are available for expenditure in Public Works Agency, General Fund Roadway Markings and Signs Account (no. 01117625-62300) and Special Gas Tax Roadway Maintenance account (No. 02917660-62300) and will be budgeted in subsequent fiscal years. Funds will be spent according to the spending plan below: Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account # Description Account Description INITIAL 2 YEAR TERM Public Works Roadway 01117625-62300 General Fund Markings/Signs, $573,000 Contract Services- 2021-22 Professional Special Gas Roadway Maintenance, 02917660-62300 Tax Contract Services- $250,000 Professional Public Works Roadway 01117625-62300 General Fund Markings/Signs, $573,000 Contract Services- 2022-23 Professional Special Gas Roadway Maintenance, 02917660-62300 Tax Contract Services- $250,000 Professional SUBTOTAL $1,646,000 City Council 9-2 7/20/2021 Award Purchase Order for Traffic Line Painting and Traffic Sign Maintenance July 20, 2021 Page 3 FIRST RENEWAL TERM Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account # Description Account Description Public Works Roadway 01117625-62300 General Markings/Signs, $573,000 Fund Contract Services- 2023-24 Professional Special Gas Roadway Maintenance, 02917660-62300 Tax Contract Services- $250,000 Professional Public Works Roadway 01117625-62300 General Markings/Signs, $573,000 Fund Contract Services- 2024-25 Professional Special Gas Roadway Maintenance, 02917660-62300 Tax Contract Services- $250,000 Professional SUBTOTAL $1,646,000 SECOND RENEWAL TERM Public Works Roadway 01117625-62300 General Markings/Signs, $573,000 Fund Contract Services- 2025-26 Professional Special Gas Roadway Maintenance, 02917660-62300 Tax Contract Services- $250,000 Professional Public Works Roadway 01117625-62300 General Markings/Signs, $573,000 Fund Contract Services- 2026-27 Professional Special Gas Roadway Maintenance, 02917660-62300 Tax Contract Services- $250,000 Professional SUBTOTAL $1,646,000 GRAND TOTAL $4,938,000 EXHIBIT(S) 1. Abstract Bid Results City Council 9-3 7/20/2021 Award Purchase Order for Traffic Line Painting and Traffic Sign Maintenance July 20, 2021 Page 4 Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 9-4 7/20/2021 EXHIBIT 1 ABSTRACT OF BIDS ROADWAY STRIPING AND SIGN MAINTENANCE (21-065) BIDDER LOCATION Chrisp Company Freemont, CA Orange County Striping Inc Orange, CA PCI Azusa, CA Safe USA, Inc Ontario, CA Superior Pavement Markings Inc Cypress, CA TOTAL $1,494,200.00 $991,878.00 $701,080.00 $1,139,851.00 $822,280.00 City Council 9-5 7/20/2021 Public Works Agency https://www.santa-ana.org/pw Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Vehicle Purchases AGENDA TITLE Award Purchase Orders to Penske Chevrolet of Cerritos in the Amount of $115,682 for Two Chevrolet 2500 HD Trucks (Specification No. 21-047), and to Guaranty Chevrolet Motors Inc. in the Amount of $62,170 for Two Chevrolet Colorados (Specification No. 21- 064) and in the amount of $593,820 for Eight Chevrolet 3500 HD Trucks (Specification No. 21-044) (Non -General Fund) RECOMMENDED ACTION 1. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for two Chevrolet 2500 HD Trucks with various bodies, in the amount of $115,682 plus a contingency of $5,000, for a total amount not to exceed $120,682, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc. for two Chevrolet Colorado trucks in the amount of $62,170 plus a contingency of $2,830, not to exceed $65,000, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc., for eight Chevrolet 3500 HD trucks with various bodies, in the amount of $553,820 plus a contingency of $40,000, for a total amount not to exceed $593,820, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency is responsible for the purchase and maintenance of City vehicles. Several City departments are in need of new vehicles for various reasons and staff is seeking approval for the purchase these vehicles. Purchase of Two Trucks for Code Enforcement Division First, the Planning and Building Agency's Code Enforcement Division recently hired two Code Enforcement Associates and is in need of two vehicles in order for the associates to conduct daily field inspections. The new vehicles will be used for enforcement services focusing on cannabis and general code violations. City Council 10 — 1 7/20/2021 Award Purchase Orders for Vehicle Purchases July 20, 2021 Page 2 The Notice Inviting Bids was advertised on May 18, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 451 Vendors were notified 21 Santa Ana vendors were notified 11 Vendors downloaded the bid packet 4 Bids received 1 Bid received from Santa Ana vendors Four bids were received (Exhibit 1) and opened on June 9, 2021, and evaluated as follows: VENDOR LOCATION AMOUNT Courtesy Chevrolet Center San Diego, CA $35,381.13 Guaranty Chevrolet Motors Inc. Santa Ana, CA $30,774.06* Penske Chevrolet of Cerritos Cerritos, CA $31,665.37 Winner Chevrolet Inc. Elk Grove, CA $31,881.62 *A 1 percent Local Vendor Preference -was applied to the bid from the Santa Ana vendor. The bid submitted from Guaranty Chevrolet Motors Inc., is responsive to the specifications and meets the City's requirements. As such, staff recommends authorization of a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc. for two Chevrolet Colorado's. Purchase of Eioht Trucks for Maintenance Services and Water Resources Divisions Next, the Public Works Agency Maintenance Services and Water Resources Divisions are in need of eight service trucks to replace the existing vehicles in the aging fleet of work equipment. The vehicles are crucial and heavily utilized in responding to homeless related request for services or in maintaining the water production and distribution system. The Notice Inviting Bids was advertised on March 18, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 407 Vendors were notified 20 Santa Ana vendors were notified 15 Vendors downloaded the bid packet 2 Bids received 1 Bid received from Santa Ana vendors Two bids were received (Exhibit 2) and opened on April 29, 2021, and evaluated as follows: City Council 10 — 2 7/20/2021 Award Purchase Orders for Vehicle Purchases July 20, 2021 Page 3 Vendor I Location I Amount Guaranty Chevrolet Motors Inc. Santa Ana, CA $208,741.84* Penske Chevrolet Cerritos, CA $279,023.47 *A 1 percent Local Vendor Preference was applied to the bid from the Santa Ana vendor. The bid submitted from Guaranty Chevrolet Motors Inc., is responsive to the specifications and meets the City's requirements. Staff recommends authorization of a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc. Purchase of Two Trucks for Water Resources Division Lastly, the Water Resources Division is in need of two new service trucks to replace aging vehicles utilized daily by the Water Meter Services and Sanitary Sewer Service crews. The existing vehicles are model years 2002 and 2006, and have exceeded the City's Fleet Services Division's recommended Equipment Lifecycle Guidelines. The Notice Inviting Bids was advertised on April 6, 2021, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 314 Vendors were notified 20 Santa Ana vendors were notified 14 Vendors downloaded the bid packet 2 Bids received 1 Bid received from Santa Ana vendors Two bids were received (Exhibit 3) and opened on April 29, 2021, and evaluated as follows: Vendor I Location I Amount Guaranty Chevrolet Motors Inc. Santa Ana, CA $120,447.58* Penske Chevrolet Cerritos, CA $115,681.94 *A 1 percent Local Vendor Preference was applied to the bid from the Santa Ana vendor. The bid submitted from Penske Chevrolet of Cerritos is the lowest bidder, responsive to the specifications, and meets the City's requirements. As such, staff recommends authorization of a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for two Chevrolet 2500 HD trucks. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action(s). FISCAL IMPACT City Council 10 — 3 7/20/2021 Award Purchase Orders for Vehicle Purchases July 20, 2021 Page 4 The estimated cost for the purchase of the two Chevy Colorado's is $65,000. The funds currently budgeted in the amount of $65,000 will be carried forward from FY2020-21 to FY2021-22. This carry forward request will be compiled with requests from other departments and will be presented to the City Council at a future date. The following table summarizes the funds budgeted for the purchase of the two Chevy Colorado's. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Descri tion CARRY FORWARD BUDGET FROM FY 2020-21 TO FY 2021-22 Cannabis PBA Enforcement 2021-22 01216010-66400 Public Benefit Services, Machinery & $45,000 Fund EquipmentMachinery & Equipment Planning and Building Agency -Community 2021-22 01116540-66400 General Fund Preservation, Machinery $20,000 & EquipmentMachinery & Equipment Total $65,000 The estimated cost for the purchase of the eight Chevrolet 3500 HD trucks is $593,820. The funds currently budgeted in the amount of $593,820 will be carried forward from FY 2020-21 to FY 2021-22. This carry forward request will be compiled with requests from other departments and will be presented to the City Council at a future date. The following table summarizes the funds budgeted for the purchase of the eight Chevrolet 3500 HD trucks. Fiscal Accounting Unit- Fund Accounting Unit, Year Account # Description Account Descri tion Amount CARRY FORWARD BUDGET FROM FY 2020-21 TO FY 2021-22 Public Works- Sanitation 2021-22 06817640-66400 Environment/Sanitation, $359,817 Fund Machinery & Equipment Water Utility Water 2021-22 06017640-66400 Water Fund Production & Supply, $234,003 Machinery & Equipment Total $593,820 The estimated cost for the purchase of the eight Chevrolet 2500 HD trucks is $120,682. Funds in the amount of $120,682 are available for expenditure in the current Fiscal Year 2021-22. The following table summarizes the funds budgeted for the purchase of the two Chevrolet 2500 HD trucks. City Council 10 — 4 7/20/2021 Award Purchase Orders for Vehicle Purchases July 20, 2021 Page 5 Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description 2021-22 06017646-66400 Water Water Meter Services, $69,845 Machinery & Equipment 2021-22 05617640-66400 Sanitary Sewer Sanitary Sewer Service, $50,837 Machiner & Equipment Total $120,682 EXHIBIT(S) 1. List of Abstract Bids for Chevrolet Colorados 2. List of Abstract Bids for Chevrolet 3500 HD Trucks with Various Bodies 3. List of Abstract Bids for Chevrolet 2500 HD Trucks Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 10 — 5 7/20/2021 CITY OF SANTA ANA Item Desvlptlon Courtesy Chevrolet Center Guar, ni Chevrolet Motors l Its Penske Chevrolet of Cerritos Winner Chevrolet l nc San Died, CA Santa Ana, CA Cerritos, CA Elk Grove, CA Chevrolet Colorado Model Year 2022 or Nexi Base Model as 1 specified $32,350.00 $28,36D.DD $28,976.31 $28,746.00 4 Documentation Fee $0.00 $85.DD $0.00 $85.00 5925%Cale, Tax $2,992.38 $2,631.16 $2,680.31 $2,666.87 6 Subtotal $35,342.38 $31,076.16 $31,656.62 $31,497.87 J Destination and Deliver,(Non Taxable) $0.00 $D.00 $0.00 $375.00 B California Tire Fee (Non Taxable) $9]5 $8.75 $3.75 $9]5 9 Mlsc. Fees (Non Taxable) $30.00 $D.00 $0.00 $0.00 10 Total Price per vehicle $35,381.13 $31,084.91 $31,665.37 $31,881.62 111% local Vendor Preference Ii $31D.85 N/A Ii 12 Final Bid Amount as Determined by Basis of Award $35,381.13 $30,774.06 $31,665.37 $31,881.62 City Council 10 — 6 7/20/2021 W3:11 I BID ITEM 1: CHEVROLET 350OHD TRUCK WITH STANDARD CAB Guaranty Chevrolet Motors Inc Penske Chevrolet of Cerritos Item Description Santa Ana, CA Cerritos, CA Chevrolet 350OHD Model Year 2022 or Newer, Base Model as 1 specified $35,667.00 $34,106.35 2 Utility Body as specified $26,450.00 $26,450.00 3 Lighting Modification as specified $0.00 $0.00 4 Documentation Fee $85.00 $0.00 59.25%Sales Tax $5,753.00 $5,601.46 6 Subtotal $67,955.00 $66,157.81 7 Destination and Delivery (Non Taxable) $0.00 $0.00 8 California Tire Fee (Non Taxable) $8.25 $8.75 9 Misc. Fees (Non Taxable) $0.00 $0.00 10 Total Price per vehicle $67,963.25 $66,166.56 11 1% Local Vendor Preference $679.63 N/A 12 Final Bid Amount as Determined by Basis of Award $67,283.62 $66,166.56 BID ITEM 2: CHEVROLET 350OHD TRUCK WITH DOUBLE CAB Item Description Guaranty Chevrolet Motors Inc Penske Chevrolet of Cerritos Santa Ana, CA Cerritos, CA Chevrolet 350OHD Model Year 2022 or Newer, Base Model as 1 specified $37,052.00 $37,459.34 2 Utility Body as specified $27,950.00 $59,950.00 3 Lighting Modification as specified $0.00 $0.00 4 Documentation Fee $85.00 $0.00 59.25%Sales Tax $6,020.55 $9,010.36 6 Subtotal $71,107.55 $106,419.70 7 Destination and Delivery (Non Taxable) $0.00 $0.00 8 California Tire Fee (Non Taxable) $8.25 $8.75 9 Misc. Fees (Non Taxable) $0.00 $0.00 10 Total Price per vehicle $71,115.80 $106,428.45 11 1% Local Vendor Preference $711.16 N/A 12 Final Bid Amount as Determined by Basis of Award $70,404.64 $106,428.45 BID ITEM 3: CHEVROLET 350OHD TRUCK WITH DOUBLE CAB AND 3RD COMPARTMENT LINE-X COATED Item Description Chevrolet 350OHD Model Year 2022 or Newer, Base Model as 1 specified 2 Utility Body as specified 3 Lighting Modification as specified 4 Documentation Fee Guaranty Chevrolet Motors Inc Penske Chevrolet of Cerritos Santa Ana, CA Cerritos, CA $37,052.00 $28,550.00 $0.00 $85.00 $37,459.34 $59,950.00 $0.00 $0.00 59.25%Sales Tax $6,076.05 $9,010.36 6 Subtotal $71,763.05 $106,419.70 7 Destination and Delivery (Non Taxable) $0.00 $0.00 8 California Tire Fee (Non Taxable) $8.25 $8.75 9 Misc. Fees (Non Taxable) $0.00 $0.00 10 Total Price per vehicle $71,771.30 $106,428.45 11 IV. Local Vendor Preference $717.71 N/A 12 Final Bid Amount as Determined by Basis of Award $71,053.58 $106,428.45 Grand Total as Determined by Basis of Award $208,741.84 $279,023.47 City Council 10-7 7/20/2021 CITY OF SANTA ANA BID ITEM 1: CHEVROLET SILVERADO 250OHD TRUCK WITH SERVICE BODY Item Description Guaranty Chevrolet Motors Inc Santa Ana, CA EXHIBIT 3 Penske Chevrolet of Cerritos Cerritos, CA Chevrolet Silverado 250OHD Model year 2022 or Newer, Base Model 1 as specified $34,249.00 $33,566.55 2 Utility Body as specified $29,750.00 $30,357.14 3 Lighting Modification as specified $0.00 $0.00 4 Documentation Fee $85.00 $0.00 5 9.25%Sales Tax $5,753.00 $5,912.94 6 Subtotal $69,837.00 $69,836.63 7 Destination and Delivery (Non Taxable) $0.00 $0.00 8 California Tire Fee (Non Taxable) $8.25 $8.75 9 Misc. Fees (Non Taxable) $0.00 $0.00 10 Total Price per vehicle $69,845.25 $69,845.38 11 1% Local Vendor Preference $698.45 N/A 12 Final Bid Amount as Determined by Basis of Award $69,146.80 $69,845.38 BID ITEM 2: CHEVROLET SILVERADO 250OHD TRUCK Item Description Chevrolet Silverado 250OHD Model Year 2022 or Newer, Base Model 1 as specified 2 Lighting Modification as specified 3 Documentation Fee 4 9.25%Sales Tax 5 Subtotal 6 Destination and Delivery (Non Taxable) 7 California Tire Fee (Non Taxable) 8 Misc. Fees (Non Taxable) 9 Total Price per vehicle 10 1% Local Vendor Preference 11 Final Bid Amount as Determined by Basis of Award Grand Total as Determined by Basis of Award Guaranty Chevrolet Motors Inc Penske Chevrolet of Cerritos Santa Ana, CA Cerritos, CA $38,564.00 $8,775.00 $85.00 $4,386.72 $51,810.72 $0.00 $8.25 $51,818.97 $518.19 $51,300.78 $120,447.58 $38,154.38 $3,793.27 $0.00 $3,880.16 $45,827.81 $0.00 $8.75 $45,836.56 N/A $45,836.56 $115,681.94 City Council 10-8 7/20/2021 Public Works Agency www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Adams Park Restroom Renovation AGENDA TITLE Approve Additional Contingency Funds in the Amount of $70,000 for an Existing Construction Contract with Dream Builders Company for the Adams Park Restroom Renovation Project with an Estimated Project Delivery Cost of $226,000 (Project No. 20- 2708) (Non -General Fund) RECOMMENDED ACTION Approve an amendment to the Project Cost Analysis in the amount of $70,000 in additional contingency funds for a total estimated construction delivery cost of $226,000, which includes $104,900 for the construction contract, $26,100 for contract administration, inspection, and testing, and a $95,000 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On February 2, 2021, per Ordinance No. NS-2963, the City Manager authorized the award of a construction contract to Dream Builders Company to renovate the existing restroom building at Adams Park (Exhibit 1). The project is currently under construction and additional improvements have been identified that surpass the existing contingency of $25,000. To capitalize on the favorable pricing of the existing contract with Dream Builders Company, staff recommends increasing the project contingency by $70,000 to complete the work and deliver the restroom renovation at Adams Park. The recommended action will increase the project contingency by an additional $70,000, for an amended project contingency of $95,000, thereby increasing the total estimated construction delivery cost to $226,000, as indicated in the Cost Analysis (Exhibit 2) and as summarized in the table below: Project Item Current Total New Total Construction Contract $104,900 $104,900 Construction Administration, Inspection, Testing $26,100 $26,100 Contingencies $25,000 $95,000 TOTAL CONSTRUCTION DELIVERY COST $156,000 $226,000 City Council 11 — 1 7/20/2021 Approve Additional Contingency Funds for the Adams Park Restroom Renovation July 20, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The following table summarizes the funds budgeted for expenditure to deliver construction of this project. Fiscal Accounting Unit Fund Accounting Unit - Year No _Account No. Description Account No. Description Amount (Project Prior Authorized Funds 2020-21 05113263-66200 Capital Outlay Park Improvements, $156,000 20-2708 Building Improvement Additional Funds Requested 2021-22 05113263-66200 Capital Outlay Park Improvements, $70,000 20-2708 Building Improvement Total 1 $226,000 EXHIBIT(S) 1. Location Map 2. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency and Lisa Rudloff, Executive Director — Parks, Recreation, and Community Services Approved By: Kristine Ridge, City Manager City Council 11 — 2 7/20/2021 EXHIBIT 1 EXHIBIT 2 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 20-2708: ADAMS PARK RESTROOM RENOVATION Construction Contract $ 104,900.00 Contract Administration, Inspection and Testing $ 26,100.00 Contingencies $ 95,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 226,000.00 City Council 11 — 4 7/20/2021 Public Works Agency and Library Services www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Santa Ana Library Children's Patio Rehabilitation AGENDA TITLE Award a Construction Contract to RS Construction & Development Inc. in the Amount of $632,251 for the Santa Ana Library Children's Patio FY 2020-21 Project with an Estimated Project Delivery Cost of $790,251 (Project No. 20-2500) (Non -General Fund) RECOMMENDED ACTION 1. Award a construction contract to RS Construction & Development Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $632,251, for construction of the Santa Ana Library Children's Patio FY 2020-21, for the term beginning July 20, 2021 and ending upon project completion, and authorize the City Manager 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 $790,251, which includes $632,251 for the construction contract, $95,149 for contract administration, inspection and testing, and a $62,851 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $884,351, which includes $94,100 in preliminary engineering funds and $790,251 in construction funds, for the Santa Ana Library Children's Patio Project (No. 20- 2500). DISCUSSION The City's Main Library (Exhibit 1) was constructed in 1959 and has been regularly maintained over the years. The patio located outside the children's section of the Library was previously an open space for the community to bring their children to gather and read books. Due to public loitering, residents slowly began retreating from the space and the patio was fenced off. The Library Children's Patio renovation project will add a climbing playground structure to the patio, as well as lighting, hardscape, landscape, and irrigation. The non -linear site concept was implemented to create an interactive play and learning space for children. Once completed, this amenity will help to encourage the community to visit the Library and utilize this newly renovated space. City Council 12 — 1 7/20/2021 Award Construction Contract to RS Construction & Development Inc. July 20, 2021 Page 2 Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,191 regional vendors via PlanetBids, many of which are Santa Ana based. Forty-nine vendors requested bidding documents, and a total of seven bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 29 and June 03, of 2021. The project was also advertised in PlanetBids from May 25, 2021 through June 16, 2021. Bids were received electronically via PlanetBids on June 16, 2021. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 RS Construction & Development Inc. Ontario $632,251.00 2 Aid Builders Inc. Los Alamitos $652,913.60 3 HYM Engineering, Inc. Fullerton $675,060.00 4 Nationwide Contracting Services Inc. Fountain Valley $678,786.20 5 Caliba Inc. Stanton $727,164.00 6 C.S. Legacy Construction Inc. Chino $735,619.00 7 MBC Enterprises Inc. Huntington Beach $791,500.80 A total of seven bids were received, and all were deemed responsive. RS Construction & Development Inc. submitted the lowest responsive base bid in the amount of $632,251 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to RS Construction & Development Inc., in the amount of the base bid totaling $632,251 (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost 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 materials 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 $790,251. City Council 12 — 2 7/20/2021 Award Construction Contract to RS Construction & Development Inc. July 20, 2021 Page 3 Project Item Total Construction Contract $632,251 Construction Administration, Inspection, Testing $95,149 Contingencies $62,851 TOTAL CONSTRUCTION DELIVERY COST $790,251 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-63 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $790,251, which includes construction, contract administration, inspection, testing, and an authorized contingency. Project No. 20-2500 is the number assigned to the Project Plans and Specifications and the Notice Inviting Bids. Project No. 21-2742 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. Funds for this project were appropriated in Fiscal Year 2020-21 and with the approval of the amendment to the FY 2020-21 Capital Improvement Program (Exhibit 5) will officially incorporate this project to the program. As part of the Citywide carry forward process, the Library Services Agency will submit to the Finance Department a request for these funds to be carried forward into Fiscal Year 2021-22. This carry forward request will be compiled with requests from other departments and will be presented to the City Council at a future date. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Fiscal Accounting Unit - Fund Accounting Unit - Account Year Account No. Description No. Description Amount (project No.) 01213020-66220 Cannabis PRCSA/Library Youth 2021-22 (21 2742) Public Benefit Services, Improvements $790,251 Fund Other Than Building Total $790,251 EXHIBIT(S) 1. Location Map 2. Bid Proposal City Council 12 — 3 7/20/2021 Award Construction Contract to RS Construction & Development Inc. July 20, 2021 Page 4 3. Construction Contract 4. Cost Analysis 5. FY 2021-22 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency and Brian Sternberg, Library Services Director — Library Services Approved By: Kristine Ridge, City Manager City Council 12 — 4 7/20/2021 F- m x w U w Z w U s.� w / ,.,,.. L) U W 0 K d J Clry or Santa Ana Sent, Ana Library Oblld en's Patio (Project i2R2600). bldtling on 06,162021 2 L0 PM tPDT) P.,1 of 3 Pbnted 03/1612021 Bid Results Bidder Details Vendor Name IRS Construction & Development Inc Address 218 West E Street Ontario, California 91762 United States Respondee Ricardo Serna Respondee Title President l Secretary Phone 909-920-1144 Email info@rscdinc.com Vendor Type CADIR License # 1005429 Bid Format Electronic Submitted 0611612021 1:56 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 257853 Respondee Comment Buyer Comment Attachments File Title File Name File Type Non -Collusion Affidavit.pdf Non -Collusion Affidavit.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond.pdf Bid Bond.pdf Bid Band Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition $$ Proposal.pdf $$ Proposal.pdf General Forms Ownership Affidavit. pdf Ownership Affdavit.pdf Ownership Affidavit (Notary Public) - REO Original Hard Copy Submittal in Addition City Council Plan,Wol.l in, 12 — 6 7/20/2021 City of Santa Ana Page 2 0! 3 San , Ana Library ODlldren's Patio (Project##£ 2500), bidding on 06/16/2021 2'.00 PM tPDT) Printed O6/15/2021 Line Items Discount Terms No Discount R!m It. Type Item generation UM ON Und Po. Lino Tmal Response cwm nenl c Code TOTAL BASE BID 9larl 5632,251 DO 1 Claann9 am Grubblrg LS 1 51200000 Sal 2000.Do Yes 2 Uralasshind Earavall CY 122 5120.130 Si Yes 3 Funadi andal il'No. Dram EA i SB.B00.00 Ill Yes a Fuel and install 6Mao Bran EA 3 $2.250D8 56,7WOO Yes 5 Fumllh and Nemll 4' PVC SDR 35 Downd Pye Fien, LF 8 MOD 53.600.00 Yes 6 G.aofe Pavn9 SF 643 526.00 518.M14 Of Yes T a' Wee corroob Curd OF 202 518.00 53.636,00 Yes 0 10'HIgM1 Corcralo Seat Wall NanNr LF 25 MOD $1625oW Yes 9 18' HgM1Camnbsaa14Vau LF 40 $55D.On $26.409.D9 Yes t0 RrrdOsrrzea Reread Suriadin0 SF 1189 S22.o0 526.ISO OD Yes 11 Comae Base for Resrlent Sudai, SF 1189 518.00 52L402.00 Yes 12 Luckey Cloaer Play9idpm goods'. LS 1 VXDO0.o0 5230.00O.01) Yes 13 Inns y Cloal Play9rour StruduroFort,, CY 9 $2.50000 U2,51 .W Y. 14 Sidiliad!Da. deal Ceara SF 264 St200 S3.IB800 Yes 15 Boulders 2' EA 15 sbill SID 24000 Yes t8 Sal 4' 1 5 Sol 53, 220 DO Yee 12 Dry SReem Bea SF 211 523O0 1j"a"DO Yes N Synlnaec Turd SF 450 MOM 613.05000 Yes 19 Point Exlstirq Fence LS 1 ".MD0 56,BCd.W Yes 20 l'ol RnaM F1'do—Pavers EA 4 $85O00 52,6COW Yei 21 Cmuera Base, N.a- i Block wen Ct P Cap LS 1 $20.000.0 52l 00 Yes 22 Plaster alC cry. yearn Mee LS I Slogil .00 $10.8 OO Yes 23 38'Cunaye Wan LF 32 3I60.90 SG,12000 Yes 24 INoted LS 1 532.000.00 S32.DOO.W Y. 25 FaresM1 and Install i6.Ganon Plant EA 6 532(r_DO $1,920.00 Yes 26 Funush and Install 211 Tree FA 3 SBB0.DO 5204000 Yes 21 Larsaon, l3 1 511,2000o ST 200.DO Yes a 90.Calendar Day Larldodales9 d nga0on Mainlander. Raded LS 1 55.500O0 ViSOOOO Yes 29 Eleceltal IFlMed, MBl.rra8. and Law) LS 1 $63.5D0.D0 563,500.00 Yes 30 Coeseueeon San EA I SSA00.130 SS,DOOOO has 31 Ao,Bmll Plows LS t 55.0(10.0) 55.00000 Vas 32 Conyruc[ion par Pit LS I $10.00000 510.000.00 Yes Asel Need. her Pi a Spwncanons . HOT pad of Erase Bid calemalm So 00 Did not 33 ' = Do warty err Nis oa Itpm rs shown tar Ord.mper. Wy. Th.lard Item sha0.1 be aublea w'259:' to ItWelt as sti loam .a 0 So aO SOm Yes Isar. hem Segraf 3-2 of lne staraara s..foalhns as deal Did her 34 1= This da here in mnoddlad a sploalry¢amP.r sectpn 2-3. 2 of Samara sPaciiCal as D Som Slam Y- daii imm as spoofed City Council PlaneBlds.lnd 12-7 7/20/2021 Clry of Santa Ana Sari Ana Library Oblldren's Patio (Project k£62500), bidding on 06/16/2021 2'.00 PM rPDT) Page 3 of 3 Printed O6/1612021 Line Item Subtotals Section Tile TOTAL BASE BID (Items 1-32) Asterisk Notes per P3 of Specifications - NOT Part of Base Bid Calculation Line Total $632.251.00 50.00 Grand Total $632.251.00 City Council PlaneBlds.l na 12-8 7/20/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: RS Construction & Development Inc REQUIREMENT: ADDENDUM No. ONE PROJECT 20-2500 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: Item Description Qty Unit Unit Price Amount 1 Clearing and Grubbing 1 LS $ $ 2 Unclassified Excavation 177 CY 3 Furnish and Install 4" Area Drain 1 EA $ $ 4 Furnish and Install 6" Area Drain 3 EA $ $ 5 Furnish and Install 4" PVC SDR 35 Drain & Pipe Fittings 6 LF $ $ 6 Concrete Paving 643 SF $ $ 7 6" Wide Concrete Curb 202 LF $ $ 8 18" High Concrete Seat Wall/Planter 25 LF $ $ 9 18" High Concrete Seat Wall 48 LF 10 Rubberized Resilient Surfacing 1,189 SF $ $ 11 Concrete Base for Resilient Surfacing 1,189 SF 12 Luckey Climber Playground Structure 1 LS $ $ 13 Luckey Climber Playground Structure - Footing 9 CY $ $ 14 Stabilized Decomposed Granite 264 SF $ $ City Council 12 — 9 7/20/2021 P-1 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO ADDENDUM No. ONE PROJECT 20-2500 Item Description Qty Unit Unit Price Amount 15 Boulders 2' 18 EA $ $ 16 Boulders 4' 6 EA $ $ 17 Dry Stream Bed 211 SF $ $ 18 Synthetic Turf 450 SF $ $ 19 Paint Existing Fence 1 LS $ $ 20 3' Wide Round Flagstone Pavers 4 EA $ $ 21 Concrete Seating Area —CMU Block with C.I.P Cap 1 LS $ $ 22 Plaster at Concrete Seating Area 1 LS $ $ 23 36" Concrete Wall 32 LF $ $ 24 Irrigation I LS $ $ 25 Furnish and Install 15-Gallon Plant 6 EA $ $ 26 Furnish and Install 24" Box Tree 3 EA $ $ 27 Landscaping 1 LS $ $ 28 90-Calendar Day Landscaping & Irrigation Maintenance Period 1 LS $ $ 29 Electrical (Freight, Materials, and Labor) 1 LS $ $ 30 Construction Sign 1 EA $ $ 31 As -Built Plans 1 j LS j $5,000 $ 32 Construction Permit I LS $10,000 $ City Council 12 — 10 7/20/2021 P-2 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO TOTAL BASE BID (Items 1-32) $ ADDENDUM No. ONE PROJECT 20-2500 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 number (75) working 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 $1,040 per calendar day. Name of Firm RS Construction & Development Inc Signature of BIDDER-r-� Title 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.) City Council 12 - 11 7/20/2021 P-3 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 RS Construction & Development Inc Signature Title 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.) City Council 12 — 12 7/20/2021 P-4 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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: RS Construction & Development Inc Business Address: 218 West E Street, Ontario, CA 91762 Business E-Mail Address: info@rscdinc.com Telephone: (909) 920-1144 State Contractor's License No. and Class: 1005429 License Expiration Date: 10/31/2021 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: President / Secretary 1000053445 6/30/2021 City Council 12 — 13 7/20/2021 P-5 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 of Firm RS Construction & Development Inc Signature of BIDDER Title President / Secretary (if an individual, so state) City Council 12 — 14 7/20/2021 P-6 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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: %a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %x% 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 J MILLER ELECTRIC INC Name License #/Exp. 730588 - 12/31/2022 License #/Exp. DIR Reg. #/Exp. 1000007878 - 6/30/2022 DIR Reg. #/Exp. Location P O BOX 403839, HESPERIA, CA 92340-3839 Location Phone (760)949-6491 Phone Type Of Work Electrical Type Of Work Amount $ $52 100 Amount $ Name HARDY LANDSCAPE CONSTRUCTION INC. License #/Exp. 905954 - 11/10/2021 DIR Reg. #/Exp. 1000042905 - 6/30/2022 License # 905954 Location 21520 AM 6USIIERS STREET, D[AMON DEAR,( A 91965 Phone (909) 632-6052 Type Of Work Landscaping Amount $ $41,920 Name License #/Exp. DIR Reg. #/Exp. License Location Phone Type Of Work Amount $ Signature of Bidder 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 $ City Council 12— 15 P-9 of P-18 7/20/2021 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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. of Alhambra I 1 I I South First Street. Name and Address of Owner. Michael Macias (626) 570-5044 Name and Telephone Number $293,155 Contract Amount CA 91801 person familiar with project. Public Works - Remodel Type of Work 2. Fontana Unified School District 19680 Citrus Avenue, Fontana, CA 92335 9/7/2020 Date Completed Name and Address of owner. Timothy J. DeLand (909) 357-7528 ext. 29456 Name and Telephone Number of person familiar with project. $280,000 Public Works - Remodel 7/29/2020 Contract Amount Type of Work Date Completed 3• City of Cudahy 15220 Santa Ana St Cudahy CA 90201 Name and Address of owner. Aaron Hernandez -Torres (323) 773-5143 Ext. 228 and Telephone Number of person familiar $288,556 Public Works - Remodel Contract Amount Type of Work 7/30/2020 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. C&D Bonding & Insurance Services I Kevin Vega 1 534 E. Badillo Street, Covina, CA 91723 1 (626) 859-1000 The Ohio Casualty Insurance Company 1 790 The City Drive South #200 Orange, CA 92868 1 (714) 450-1245 City Council 12 — 16 7/20/2021 P-10 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO ADDITIONAL REFERENCES 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. of Palm Desert 173510 Fred Waring Drive, Palm Desert, CA 92260 Name and Address of Owner. Randy Bowman (760) 346-0611 Name and Telephone Number of person familiar with project. $215,000 Public Works - Remodel 12/10/2020 Contract Amount Type of Work Date Completed 2. City of Azusa 1 213 E Foothill Blvd, Azusa, CA 91702 Name and Address of owner. Danny Smith (626) 812-5283 Name and Telephone Number of person familiar with project. $340,000 Public Works - Remodel Contract Amount Type of Work 3. City of Santa Ana 120 Civic Center Plaza, Santa Ana, CA 92701 Name and Address of owner. Tyrone Chesanek(714) 615.0887 Name and Telephone Number of person familiar with project. $90,000 Public Works - Renovation Contract Amount Type of Work 2/15/2020 Date Completed 8/2/2019 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. C&D Bonding & Insurance Services I Kevin Vega 1 534 E. Badillo Street, Covina, CA 91723 1 (626) 859-1000 The Ohio Casualty Insurance Company 1 790 The City Drive South #200 Orange, CA 92868 1 714-450-1245 City Council 12 — 17 7/20/2021 P-11 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 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 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. 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 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 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. City Council 12 — 18 7/20/2021 P-13 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 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: ---- Title: President / Secretary Firm: RS Construction & Development Inc Date: 06/16/2021 City Council 12 — 19 7/20/2021 P-14 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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: Title: President / Secretary Firm: RS Construction & Development Inc Date: 06/16/2021 City Council 12 — 20 7/20/2021 P-15 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 (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 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: Title: President / Secretary Firm: RS Construction & Development Inc Date: 06/16/2021 City Council 12 — 21 7/20/2021 P-16 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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. N/A City Council 12 — 22 7/20/2021 P-17 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: httv://www.santa-ana.org/pwa/documents/CWA.pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed:�_�Q�� Title: President / Secretary Firm: RS Construction & Development Inc Date: 06/16/2021 City Council 12 — 23 7/20/2021 P-18 ofP-18 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO This CONSTRUCTION CONTRACT is made and entered into this 20`h day of July, 2021 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 RS Construction & Development Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Santa Ana Library Children's Patio 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 Six Hundred Thirty -Two Thousand Two Hundred Fifty -One and No Cents (S632,251.00), 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. City Council I of 1 2 — 24 7/20/2021 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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: http://www.santa-ana.or&/pwaldocuments/CWA.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°/o) 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indcmnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, City Council 2 of 312 — 25 7/20/2021 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _/ 7 N FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: RS Construction & Development Inc. By: Title: City Council 3 of312 — 26 7/20/2021 EXHIBIT A Bid Results Bidder Details Vendor Name RS Construction 8 Development Inc Address 218 West E Street Ontario, California 91762 United States Respondee Ricardo Serna Respondee Title President l Secretary Phone 909-920-1144 Email info@rscdinc.com Vendor Type CADIR License # 1005429 Bid Detail Bid Format Electronic Submitted 06l1612021 1:56 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 257853 Respondee Comment Buyer Comment Attachments File Title File Name File Type Non -Collusion Affidavit.pdf Non -Collusion Affdavit.pdf Non -Collusion Affidavit (Notary Public) - RED Original Hard Copy Submittal in Addition Bid Bond.pdf Bid Bond.pdf Bid Bond Guaranty (Notary Public) - RED Original Hard Copy Submittal in Addition $S Proposal. pdf $$ Proposal.pi f General Forms Ownership Affidavit.pdf Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - RED Original Hard Copy Submittal in Addition City Council 12 — 27 7/20/2021 Discount Terms No Discount Ilnnr Ilum Tppe Ilxm ppuorptlarl UUM UTY Uml Price Line Tolal Response comma.) p fooe TIITAI BI BID Umrm1-921 U32 25,W I Clearing and Grubbing 19 1 $121I00 Or2ImIII Yec 1 U.IaGrlad E—Ii CY 117 arm 00 SL11L000 Y., 3 F.-I., sun WA E an. Dlsn EA, 1 SE 800ro $6 am 0O ves 1 Fmnrsn and 1116 Arxa Win EA 3 $1250OD M15D 0O Yes 5 Fmnian and 1114 FMC SDR 35 DI III B Ren Flpngs LF d N.0O $.98mfn1 Yxs 0 Ccnaoto Panne SF 513 SY9 0O SIB.0 0O Yos 1 8-V/ulx Carcra:a Curb LF 202 SAW S3 636 09 Yos x 10'NIOn Conadro Soal NalLPlan:er LF 25 Scum 00 $16 150 00 vas n 18 111yb cui Soal Nlall LF VB $550 00 $26 4O0 00 brs 10 Rubeonzxd Rasulrinl Surlaong SF 1109 $22 00 S1b 15 00 Yos II Lnnrnnlo 81. lxr Read.... Sminclrq SF IIB9 516 00 521402 O0 Vos 12 Leekoy CLmM, Playground 5lm[lurn LS I 52O10, 00 430 Ong O0 Yos 13 luukay 01rnOur Pluy9mmrd Slruquro Fwpng CY a 52501W 522 MID 00 Yos b, Slabl¢c]Derompi Granna SF mA $R 00 $3155 O0 Yas 15 Bird da, 2 EA I6 5 1 K m S3 240 00 Yes 16 D"On,'I EA u Sun 01 M 710 A vex 9 Or, Slrearn BUJ OF 211 52300 SI U53.0O Yes IA S)uni Twl SF III Ng O0 $1J 15O O0 Yes 19 Pis IE.nurry Fen- La I Sig a., LU Mam 00 Yns 20 1NIdz R—A FlaOslune Pmmc EA 1 NM Oil 51 am.0 Yes 21 Cu—se Ssanng Arna- CNIU BIr:lr ,In CI P L'ap L9 1 $1n am 00 $2n11Oo Ynx 11 Pinfix, ,11:o1 Soaing Arna LS 1 $1, 90u ad $10 bdu ua Yss 23 J6 Canoelu Mall LF 32 S I W 00 5512010 Yas 24 Irngfllon LS 1 $32 O0110n 512 mIl O0 Yes h Fu101511 and WWI 15-Sallon Planl EA o S32Y100 $19/1111ID Yxs 20 Fin 0,e nO 1n31a'+2d &a L[w EA J 56M0i, 5201O 0D Yns R Lard.1III L$ I SI12m O0 $11 AID 00 Yes 2B 90Ca1rindar Day Lrr,scaiI dngallwl Minimanancn Period LB 1 $5500m 5550000 Yx,: A ElNnal lFrognl IAalenals am LaOvn LS 1 563,SUUW 5b., H0.1 CIO Is, vl Lu. urI,,lydn SJn EA 1 $5011O" 55000 g0 Yxs 31 1131.1I1 Plans LS 1 S5 Win W 55do) X, Yxe 92 consnwmn Pamn IS 1 $1000 20 $m 0OO O0 Yns Annrme Nnln_ w P-1 d snooecauxns - NOT ran nl gwvx em cal[x al nrr m 00 D•1• l) =Tnn Iluarna,Im)rilebid 1t.... .an1w.)nImNU wrnnzr.wn only T 11, old IIni vnau sl on 10,11, m I Do 25' nd:n as sui In xa 9 Sn 00 61 en Vre swab Min - 9uUmn 11 O1 IM1e SlanOard Spaulcenom a> >:acnod Di 51 f•Tur,u,dnarns!snsd—daapovnrlly I!,,p-S,unn l- 3 2 1 ill, sa ndarn 5oea1,Vr,,., .a r $d '1 , Van .�arpleM as ronMOU City Council 12 — 28 7/20/2021 Line Item Sublotals S.,O.n Tple Line Tmsl TOTAL RASE BID Aa15132� S6S225'00 Asleusk Noses per P-J or SocPlico( s - NOT oarl of Base 60 GuLWaro SO Jp 9r1!a Tolal 5632.201,CO City Council 12 — 29 7/20/2021 ADDENDUKI No ONE CITY OF SANTA ANA PROJECT 20-23C0 PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CI IILDREN'S PATIO TOTAL BASE BID (Items 1-32) $ 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 number (75) working 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 $1,040 per calendar day. Name of Firm RS Construction & Development Inc Signature of BIDDER_=.: __ Title President / Secretary (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.) City Council 2 — 30 7/20/2021 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 20-2500: SANTA ANA LIBRARY CHILDREN'S PATIO Construction Contract $ 632,251.00 Contract Administration, Inspection and Testing $ 95,149.00 Contingencies $ 62,851.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 790,251.00 EXHIBIT 4 City Council 12 — 31 7/20/2021 {{{{\\))a fQ\2«±)&® \f(eGla« LUfa51:);;2 @ G \\\k(\2 § E \$ 6ZZE is t\ } \ \)( )\ P: F« F-z ]a ]/< ]j ]/z CL � ) ( \ d \ | | (| d| a = MIWA M M MIWA (\ \ §\�\ ( r / ) ° F- G ze o § {} ) 2 { ) /§ �: 8 E 0 E \\ 5 \ § CN \ § Public Works Agency www.santa-ana.org/pw Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Sewer System Repair Services AGENDA TITLE Approve Agreements with W.A. Rasic Construction Company, Inc., Mladen Buntich Construction Co., Inc. Mike Prlich and Sons, Inc., Dominguez General Engineering, Inc., and Paulus Engineering, Inc. for Sewer System Repair Services for a Total Amount not to Exceed $4,000,000 for up to Five Years (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with W.A. Rasic Construction Company, Inc., Mladen Buntich Construction Co., Inc. Mike Prlich and Sons, Inc., Dominguez General Engineering, Inc., and Paulus Engineering, Inc. to provide sewer system repair services, for a three-year period beginning July 20, 2021 and expiring July 19, 2024, with provisions for one two-year renewal period exercisable by the City Manager and City Attorney, for a shared aggregate amount not to exceed $4,000,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems. The sanitary sewer system includes approximately 400 miles of sanitary sewer main, 9,000 manholes, approximately 48,500 sewer laterals and 2 sewer lift stations. All sewage is conveyed to the Orange County Sanitation District for treatment. Closed circuit television (CCTV) technology is utilized to assess the condition of sewer mains and identify sewer system deficiencies. On occasion, the City requires the services of independent contractors to assist with sewer system infrastructure repairs. These services may include the repair or replacement of sewer mains, manholes and sewer laterals in order to return services to normal operating conditions. On April 28, 2021, the Public Works Agency issued Request for Proposals (RFP) 21-036 for contractors to provide sewer system repair services. The RFP was advertised on the City's online bid management and publication system with bids due on May 19, 2021. System records indicate 295 vendors were notified and 14 vendors downloaded proposal files. Seven proposals were received and evaluated by a selection committee. Based on City Council 13 — 1 7/20/2021 Agreement for Sewer System Repair Services July 20, 2021 Page 2 the criteria as outlined in the RFP, five proposals were categorized as responsive. A summary of the proposals received and their respective scores are as follows: FIRM LOCATION PROPOSAL SCORE W. A. Rasic Construction Company, Inc. Long Beach, CA 94 Mladen Buntich Construction Co., Inc. Upland, CA 93 Mike Prlich and Sons, Inc. Baldwin Park, CA 92 Dominguez General Engineering, Inc. Pomona, CA 86 Paulus Engineering, Inc. Anaheim, CA 83 In accordance with the RFP, staff recommends entering into agreements with W.A. Rasic Construction Company, Inc., Mladen Buntich Construction Co., Inc., Mike Prlich and Sons, Inc., Dominguez General Engineering, Inc., and Paulus Engineering, Inc. The proposals demonstrated high levels of technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in the current fiscal year and will be budgeted in future fiscal years, including the renewal option, based on the needs of the Water Resources Division. The following is an estimate of expenditures by fiscal year: Fiscal Accounting Unit Fund Accounting Unit, Amount Year - Account # Description Account Description Contract (3-Year Term) Sanitary Capital Recovery 2021-22 05417647-62300 Sewer Capital Charges, Contract $800,000 Services -Professional Sanitary Capital Recovery 2022-23 05417647-62300 Sewer Capital Charges, Contract $800,000 Services -Professional Sanitary Capital Recovery 2023-24 05417647-62300 Sewer Capital Charges, Contract $800,000 Services -Professional Optional Two -Year Extension Sanitary Capital Recovery 2024-25 05417647-62300 Sewer Capital Charges, Contract $800,000 Services -Professional City Council 13 — 2 7/20/2021 Agreement for Sewer System Repair Services July 20, 2021 Page 3 Fiscal Accounting Unit Fund Accounting Unit, Year - Account # Description Account Description Amount Sanitary Capital Recovery 2025-26 05417647-62300 Charges, Contract $800,000 Sewer Capital Services -Professional Total: $4,000,000 EXHIBIT(S) 1. Agreement with W.A. Rasic Construction Company, Inc. 2. Agreement with Mladen Buntich Construction Co., Inc. 3. Agreement with Mike Prlich and Sons, Inc. 4. Agreement with Dominguez General Engineering, Inc. 5. Agreement with Paulus Engineering, Inc. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 13 — 3 7/20/2021 AGREEMENT TO PROVIDE ON -CALL SEWER SYSTEM REPAIR SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between W.A. Rasic Construction Company, Inc., a California corporation ("Contractor"), 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 April 28, 2021, the City issued Request for Proposal No. 21-036, by which it sought qualified contractors to provide on -call sewer system repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP No. 21-036. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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, Contractor shall perform the services described in the scope of work that was included in REP No. 21-036, and as more specifically delineated in Contractor'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 Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of five (5) contractors selected to provide services on an as - needed basis under RFP No. 21-036. The total compensation for services provided by all contractors selected under REP No. 21-036 shall not exceed the shared aggregate amount of four million dollars and zero cents ($4,000,000) during the term of this 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. City Council 13 — 4 7/20/2021 Page 1 of 8 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 19, 2024. unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1), two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all City Council 13 — 5 7/20/2021 Page 2 of 8 Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. If Contractor 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 $2,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. City Council 13 — 6 7/20/2021 Page 3 of 8 (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 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor or its subcontractors, 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 Contractor 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 Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, for infringement of any United States' letters patent, trademark, or copyright contained in the work City Council 13 — 7 7/20/2021 Page 4 of 8 product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 parry 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: City Council 13 — 8 7/20/2021 Page 5 of 8 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 Contractor: W.A. Rasic Construction Company, Inc. 4150 Long Beach Blvd. Long Beach, CA 90807 Attn: Shane Sato, Division 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 Contractor 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 Contractor. 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 Contractor or the City. Each party to this Agreement aclrnowledges 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 AND DELEGATION Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 City Council 13 — 9 7/20/2021 Page 6 of 8 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 contractors 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the Ciry's use thereof for such purposes as the City deems appropriate. 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 Contractor shall not discriminate because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination, discharge, or to bar, or other employment related activities or in connection with any activities under this Agreement. Contractor 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. City Council 13 — 10 7/20/2021 Page 7 of 8 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: .. Brandon Salvatierra Deputy City Attorney FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager W.A. RASIC CONSTRUCTION COMPANY, INC.: Name: peter L. Raslc G 1,74d;Y2o2f Title: president RFC Q021 - 25- Page 8 of 8 Citv Council 13 – 11 7/20/2021 EXHIBIT A (Scope/Contractor's Proposal) City Council 13 — 12 7/20/2021 ayye� f�l I ,�. -1 tL W.A. RASIC - - a �' ��e �� ;}vim'•.`: City of Santa Ana Public Works Agency Sewer System Repair Services RFP NO.: 2I-036 City Council 13 — 13 7/20/2021 k S�ne ooreer� c rou.eee ue< Statement of Qualifications Sewer System Repair Services N a a► rONW4i Q1111- Submitted by: W.A. Rasic Construction Company, Inc. 4150 Long Beach Blvd., Long Beach, CA 90807 Phone: (562) 928-6111 1 Fax: (562) 928-7339 Contact: Shane Sato — Division Manager Email: ssato�warasic.com Qualifications Submission Date: Wednesday, May 19, 2021 @ 12:00 PM City Council 13 — 14 7/20/2021 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F SECTION IV. SUBMITTAL REQUIREMENTS B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS City Council 13 — 15 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F A. COVER LETTER City Council 13 — 16 J=,, L GENERAL FNGMERING CONTRACTOR May 19, 2021 City of Santa Ana Public Works Agency 215 S. Center Street, Bldg. A Santa Ana, CA 92703 Attention: Kathia Reyes — Project Manager Reference: Request for Proposals (RFP) Sewer System Repair Services - RFP NO.: 21-036 WAR Bid S210430A Dear Kathia Reyes, W.A. Rasic Construction Company, Inc., a California Corporation, with a 43 year track record of successful project delivery, is capable and committed to providing the appropriate resources required to fully support the City of Santa Ana Public Works Agency on a wide range of projects system wide. W.A. Rasic Construction is a general engineering contractor with an A and C-34 license issued by the State of California. Our strong qualifications for being considered by your firm for future projects are based, in part, on our experience, which includes constructing some of the most difficult projects in the Western States, and our wide-ranging expertise as it relates to construction of petroleum pipelines, fueling facilities, large water diameter pipelines, sewer facilities, treatment facilities and civil projects. In addition, we will provide the City of Santa Ana Public Works Agency with an extremely well rounded and qualified team, composed of dedicated and experienced team members. Our efforts in preparing the RFP submittal for this project have involved performing a detailed analysis of the City of Santa Ana Public Works Agency requirements and assembling a team with extensive and relevant experience to ensure project goals are met. W.A. Rasic Construction will provide the following distinct and unique benefits to the City of Santa Ana Public Works Agency: • Ability to consistently provide competitive pricing on difficult projects including water, wastewater projects • The assembly of an on -site project team with extensive experience constructing challenging projects • Project team with extensive experience as it relates to working on water and wastewater systems City Council 13 — 17 7/20/2021 4150 Long Beach Boulevard, Long Beach, CA 90807 • 562-928-6111 - fax: 562-928-7339 - WWW.Narasic.com State Contractor's License #A368761 - DIR Registration No. 1000000649 • The commitment of corporate management to provide the depth and quality of personnel, financial resources and personal involvement as necessary to successfully deliver projects with the highest level of quality regardless of size • A complete team that understands that a sound and flexible project approach, competitive pricing, and partnering will ensure project goals are met W.A. Rasic Construction takes great pride in our work and hope the success of these projects will make lasting impressions on the City of Santa Ana Public Works Agency. Our company has been built on reputation, and is committed to ensuring that these projects are a success in everyone's mind. I am confident the experience, energy, enthusiasm, and desire of our team to undertake future projects with your firm is evident in the contents of this qualification submittal. We look forward to you favorable consideration of our RFP submittal and the opportunity of working with the City of Santa Ana Public Works Agency on your upcoming projects. Sincerely, W.A. Rasic Construction Company, Inc. Shane Sato Division Manager City Council 13 — 18 7/20/2021 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services ; B. AGREEMENT STATEMENT W.A. Rasic is in agreement with the Attachment 4 — Standard Agreement included in the bid documents. The scope of work included in each bid item is outlined in our Scope of Services attachment. Any work beyond this scope can be priced out with a change order or billed according to the time and material rates. City Council 13 — 19 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F C. FIRM AND TEAM EXPERIENCE City Council 13 — 20 City of Santa Ana Public Works Agency wkRFP No.: 21-036 — Sewer System Repair Services FIRM AND TEAM EXPERIENCE For over 43 years W.A. Rasic Construction Company, Inc. has been constructing infrastructure projects with a focus on quality workmanship and meeting client needs, regardless of the circumstances. Starting by focusing mainly on public works projects involving water, sewer and storm drain facilities allowed the company to form a solid foundation from which to evolve from. Today, W.A. Rasic Construction has completed over $1.5 billion in underground utility projects and is one of the largest privately held civil construction companies in the western United States, constructing a variety of projects working with numerous water agencies, utility agencies, developers, and private owners on projects that are too numerous to list. These projects involve water service installations, pump station construction, water treatment facilities, fueling systems, security systems, infrastructure projects at the major theme parks in Southern California, construction of concrete facilities (structural & flat work), construction of underground electrical and communication facilities and, of course, responses to emergency calls for numerous clients. Almost every day we respond to an emergency for one of our clients. The emergencies our firm responds to range from one -inch service leaks to major transmission main repairs. It is very common to see multiple crews out on emergency calls on a daily basis throughout our service area. Leveraging our skilled pool of over 500 team members and our extensive fleet of owned equipment, W.A. Rasic Construction provides and maintains one of the most comprehensive emergency response programs in Southern California. W.A. Rasic Construction performs this same on -call services to a number of other public agencies including, but not limited to: Inland Empire Utilities Agency, County of Los Angeles Public Works, City of Los Angeles, City of South Gate, City of Chino Hills, City of Newport Beach, East Orange County Water District, and City of Glendale to name a few. W.A. Rasic will provide the following distinct and unique benefits to the City: • Efficient & flexible system able to handle projects ranging from $2k to $100 million • Ability to respond rapidly should the need arise, with consideration to ensure best value • Extensive amount of company resources available to take on any project(s) regardless of time of day/night or size of project(s) • The assembly of a project team with extensive experience working under contracts of a similar nature • Large fleet of company owned equipment compliant with stringent emissions standards • Team with an objective to form long term, mutually beneficial relationships with clients by way of consistently providing quality products at a fair price • Agreements in place with critical material suppliers and rental companies for after- hours emergencies so we can respond & complete emergency repairs regardless of the time. • A complete team that understands a sound / flexible project approach, competitive pricing and partnering with all parties to ensure project goals are met City Council 13 — 21 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services V. ` - = ; CONSTRUCTION TEAM STAFFING A general makeup for the projects would be comprised of the following: Division Manager — The Division Manager will assist in resource assignment, technical and contractual guidance, and overall planning of the project. Project Manager — The project manager will coordinate the overall project. He/she will be responsible for managing the Contract, schedule, coordination with the Owner and Designer, quality control, and any changes. The project manager will meet with the Owner and municipalities and will be responsible for ensuring the successful delivery of the project. Superintendent — The superintendent will coordinate the day-to-day field operations. The superintendent will schedule the day's activities with the various field crews, arrange material deliveries, coordinate subcontractors, and will interface with the City of Santa Ana and other municipalities field representatives. The superintendent will maintain 2-week look -ahead schedules for the field crews and be responsible for daily documentation of the work. Project Engineer — If the size and complexity of the project so dictates, a project engineer may be assigned to the project. This person would be responsible for assisting both the project manager and the superintendent in their responsibilities. The project engineer would assist in maintaining schedule updates, writing and processing RFIs, coordinating deliveries and subcontractors, and cost controls. Safety Supervisor — The safety department of the company will be responsible for ensuring compliance with the company's IIPP and will conduct periodic inspections of all field work. They will correct any non-compliance swiftly and shall assist in finding safer ways to build the work. The safety supervisors may also assist in the generation of site JHA/JSA for the various tasks to be performed. Foremen — The foremen are a key element as they are the supervisor's on -the -ground during the operations. The foremen shall be the primary supervisor ensuring the safety of the crew and quality of the product being installed. Most of Rasic's foremen are 10-hour OSHA safety trained and all are competent persons for the work being performed. The foremen shall ensure that all workers are performing productively and safely at all times. The project team will collaborate daily during the project implementation to ensure that the project goals and requirements will be met. Each team member is an integral part of the project and critical for its success. On smaller projects some team members may perform multiple roles. The team assigned to the City's existing program would roll into the new program. This team is dedicated to providing the City with the best quality work at the lowest cost possible and has a deep understanding of City's staff, means and methods, expectations, operations, billing and documentation requirements, and many aspects that help make each project a success. We believe that this deep understanding provides the City of Santa Ana additional value in minimizing the Agency's resources necessary to aid the contractor or to ensure that the Agency is getting the quality of work they are paying for. City Council 13 — 22 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F KEY PERSONNEL Saf.n Director Richard Sahagsss Sire %,ey Maaa`en Prvject E ng*eera Andrew Melender Santosh Seerapu vice Pees .t Da dl,ee Di, ivon Manger Shane Sato (Contract Manager) Project Managers Daniel Chr rieter Keith Fouts Superintedenfa Bob Frago Bryan ner Du4vrGordon Humberto Bobaddla Field Forces David Lee —Vice President/Alternate Principal Agent; California Institute of Technology / SVC-CE Program; SVC Project Management Certified; BS/Construction Engineering, California State University, Long Beach, 1992; AA/General Education/Hartnell College, 1989; American Water Works Association and Southern California Water Utilities Association. David has 29 years of experience, ranging from pipelines and treatment plants, to roadways and underground utilities. His synergistic management expertise is based on his working "both sides of the desk' in construction and design, having spent many years as a tradesman. He has served as Project Principal, Project Manager and Estimator for projects ranging from $5,000 water services to $90 million design -build efforts. Shane Sato — Division Manager/Principal Agent; BS/Civil Engineering/University of Hawaii at Manoa, 1996; Engineer in Training (EIT); Safety Trained Supervisor in Construction (STSC); State of California Distribution Operator Grade D2; member SCWUA. Shane has over 23 years of experience, ranging from pipelines and plants, to heavy civil, highway infrastructure and underground utilities. He has worked on many various types of construction projects throughout the country. In addition to managing the work he is knowledgeable in managing labor forces, risk, maintenance programs, insurance, right-of- way acquisition, public relations, and scheduling. He has served as Project Manager, Superintendent, Project Engineer, and Estimator for projects ranging from $1,000 repairs to $1.75 billion design -build efforts. City Council 13 — 23 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services Richard Sahagun — Safety Director; Richard has over 17 years of experience in the pipeline/civil construction industry with over 8 years of experience in safety coordination / management in multiple projects at a time. His expertise includes projects for the oil, gas, water, wastewater and underground utilities industries. He coordinates and provides the training for all field personnel as required by State and Federal Laws. In conjunction with his staff of safety professionals performs site safety audits, writes Site Specific Safety Plans, reviews and conducts safety stand down, tailgate and JHA meetings to ensure full compliance with client requirements and as directed by law. Please see resume below for a listing of memberships and certifications. Daniel Chronister — Project Manager; BS/Construction Engineering Technology/California State Polytechnic University, Pomona; D2 Water Distribution Operator, Confined Space Certified, First Aid & CPR Certified, OSHA 30 Certified. Daniel has 10 years of experience as a project manager and project engineer, utilizing skills required to plan, schedule, and coordinate activities for multiple projects running concurrently. Daniel has experience in allocating labor and equipment resources to assure projects continue moving forward with no work stoppage. Keith Fouts — Project Manager; BA/Liberal Studies/California State University, Fullerton; AA/General Education/Fullerton College, 2002; Qualified SWPPP Practitioner (QSP); Certified Inspector of Sediment and Erosion Control (CISEC) Keith has 10 years of experience as a project engineer, utilizing skills required to plan, schedule, and coordinate activities for multiple projects running concurrently. He has experience in allocating labor and equipment resources to assure projects continue moving forward with no work stoppage. Andrew Melendez — Project Engineer; BS/Aerospace Engineering, University of California, Irvine; Andres has experience managing multi -million dollar wet utility projects across Southern California. His experience ranges from Bid to retention releases, issuance of materials purchase orders, managing subcontractors, processing change orders, and coordinating with clients and field crew insuring projects are delivered on time and on budget. Santosh Seerapu — Project Engineer; MS/Civil Engineering (Construction Management) California State University, Fullerton; Santosh has experience managing various water main infrastructure improvement projects. Performs Quantity Takeoffs, RFQ's, purchase orders and negotiates agreements with vendors and sub -contractors. Bob Fraijo — Superintendent; Over 33 years of experience in the construction industry; Bob is a construction superintendent overseeing numerous types of construction activities. His specialties include above ground mechanical piping projects, such as gas lines, steel piping, and double containment PVC chemical lines. City Council 13 — 24 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services Bryan Kier — Superintendent; American Water Works Association; Confined Space Certified; Certified Competent Person; First Aid Certified; Asbestos Pipe Workers Training; Safety Trained Supervisor Certified. Bryan brings 21 years of civil construction experience in the pipeline industry has allowed him to coordinate effectively with multiple municipalities. He has the ability to communicate with field and office personal in order to facilitate a project successfully. Bryan's punctuality, safety consciousness, time management and attention to detail provide the means to run and manage his workload successfully. Dustin Gordon — Superintendent; OSHA 30, Safety Supervision and Leadership, Competent Person Excavation, Trenching, Fall protection, Confined space, LOTO. First aid, CPR-AED Certified; Dustin has over 24 years of experience as a construction superintendent overseeing numerous types of construction activities. His specialties include construction of water treatment facilities, sewer lift stations, booster stations, water tanks, wastewater treatment plants, Fluoride injection systems, and roadway construction. Humberto Bobadilla — Superintendent ; Over 30 years of experience in underground utility and pipeline work including trenching, excavation, trenchless installation, and rehabilitation of wet and dry utilities. Skilled in managing public works contracts ranging from $100K to over $15 million. City Council 13 — 25 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F D. UNDERSTANDING SCOPE OF SERVICES City Council 13 — 26 City of Santa Ana .• a Public Works Agency RFP No.: 21-036 — Sewer System Repair Services H UNDERSTANDING SCOPE OF SERVICES The Request for Proposals section on Scope of Work provides a comprehensive list of tasks expected for this contract. The purpose of the contract is to provide the City of Santa Ana with an on -call contractor capable of performing routine sewer repair and rehabilitation services on an as -needed basis. Although the Scope of Work states "This is a routine non -emergency rehabilitation and repair services contract", the end of the section (page 16 of 35) states "EMERGENCY CALL -OUT This item of work will be used in emergency situations...". It would appear that the main purpose of this contract is not for "emergency work" per se, but we understand that ANY sewer leak or break would constitute a need for immediate response. The contract allows for 24-hour response but W.A. Rasic routinely contracts with agencies and municipalities with a two (2) hour response window. We would similarly commit, regardless of contract 24-hour requirement, to provide immediate response services to mitigate any main break, etc. as environmental and safety concerns must be immediately addressed. The scope of services for the bid portion of the work is outlined on the next few sheets. The work as bid generally involves repair and rehabilitation to standard sewer facilities, including gravity main lines, manholes, services, cleanouts, and repairs to streets, sidewalks, and other facilities. The work would be by conventional trenching, bursting, and lining techniques. Work may also involve raising manholes to -grade, concrete structural repairs, and related tasks. GENERAL METHOD FOR ACCOMPLISHMENT OF WORK W. A. Rasic Construction is a contractor that self -performs a majority of the work elements on a contract such as this. With a diverse team of highly skilled professionals and large fleet of company owned equipment, we would typically perform 95% of all work "in house". This contract will require a number of crews specializing in different aspects of the project. With the preliminary description of the work we would generally utilize these different types of crews: mainline pipe repair, appurtenances, asphalt paving, concrete structures, and lining/rehabilitation. Work outside of our expertise would be subcontracted to carefully selected companies. For this project the following elements of work would most likely be subcontracted to qualified companies: • Large area street paving (non -trench patch paving) • Sawcutting • HDPE certified fusion technicians • Lining and Top -Hat Services The sewer main repair is standard and one of W.A. Rasic's demonstrated strengths. The general sequence of operations for this work would be as follows: 1) Emergency Underground 2) BMP Installation 3) Potholing Service Alert Notification City Council 13 — 27 City of Santa Ana .• a Public Works Agency RFP No.: 21-036 — Sewer System Repair Services H 4) Traffic Control Setup/Takedown 5) Sawcutting of asphalt & concrete 6) Removal of existing pavement 7) Excavation to pipe including shoring / haul off of spoils 8) Vacuum truck services, cleanup, temporary plugs and/or bypassing 9) Removal and replacement of pipe, or repair clamp installation 10) Backfill of pipe including shading 11) Installation of base course 12) Temporary asphalt mix and/or trench plating and/or base asphalt (if necessary) 13) Asphalt restoration including cap paving 14) Concrete sidewalk restoration (if necessary) 15) Restriping & traffic loops if necessary 16) Other restoration items Manhole repairs and or additions, bursting, etc. would follow a similar procedure for the street and excavation work. Generalized sequence and work activities can be seen in the following bid item breakdowns attached. City Council 13 — 28 W. A. Rasic Construction 4150 Long Beach Blvd. Long Beach, CA 90807 SCOPE OF SERVICES CLIENT: The City of Santa Ana PROJECT: Sewer System Repair Services - RFP No. 21-036 WAR PROJECT NUMBER: S430A Date: 19-Jan-21 1 Repair/Replace 6 or 8" Sewer Main (min. 6' section up to 8' deep) 500 Linear Feet 1.1 Daily Traffic Control (inc. road plates) 1.2 Sawcut AC 1.3 Excavation to Expose Line Break (6'-8' Deep) 1.4 Plug Broken Line at the Upstream Manhole 1.5 Suction Truck for Sewage Removal at Manhole & Excavation Site 1.6 Repair Line Break (inc. pipe & fitting purchase) 1.7 Unplug Broken Line at the Upstream Manhole 1.8 1/2" Rock Bedding & SE30 Full Backfill (Std. Plan 1150) 1.9 AC Restoration 1.10 Spoil Disposal 2 Repair/Replace 6 or 8" Sewer Main (6' section at 8'-12' deep) 250 Linear Feet 2.1 Daily Traffic Control (inc. road plates) 2.2 Sawcut AC 2.3 Excavation to Expose Line Break (8'-12' Deep) 2.4 Plug Broken Line at the Upstream Manhole 2.5 Suction Truck for Sewage Removal at Manhole & Excavation Site 2.6 Repair Line Break (inc. pipe & fitting purchase) 2.7 Unplug Broken Line at the Upstream Manhole 2.8 1/2" Rock Bedding & SE30 Full Backfill (Std. Plan 1150) 2.9 AC Restoration 2.10 Spoil Disposal 3 Repair/Replace 10 or 12" Sewer Main (6' section not more than 8' deep) 100 Linear Feet 3.1 Daily Traffic Control (inc. road plates) 3.2 Sawcut AC 3.3 Excavation to Expose Line Break (6'-8' Deep) 3.4 Plug Broken Line at the Upstream Manhole 3.5 Suction Truck for Sewage Removal at Manhole & Excavation Site 3.6 Repair Line Break (inc. pipe & fitting purchase) 3.7 Unplug Broken Line at the Upstream Manhole 3.8 1/2" Rock Bedding & SE30 Full Backfill (Std. Plan 1150) 3.9 AC Restoration 3.10 Spoil Disposal 4 Repair/Replace 10 or 12" Sewer Main (6' section at 8'-12' deep) 100 Linear Feet 4.1 Daily Traffic Control (inc. road plates) 4.2 Sawcut AC 4.3 Excavation to Expose Line Break (8'-12' Deep) 4.4 Plug Broken Line at the Upstream Manhole 4.5 Suction Truck for Sewage Removal at Manhole & Excavation Site 4.6 Repair Line Break (inc. pipe & fitting purchase) 4.7 Unplug Broken Line at the Upstream Manhole 4.8 1/2" Rock Bedding & SE30 Full Backfill (Std. Plan 1150) 4.9 AC Restoration 4.10 Spoil Disposal 7/20/2021 City Council 13 - 29 5 Remodel Manhole Base 10 Each 5.1 Remodel Manhole Base 6 Construct New Manhole (8' max depth) 50 Each 6.1 Purchase New Frame & Cover 6.2 Purchase Precast Shafting 6.3 Daily Traffic Control (inc. road plates) 6.4 Sawcut AC 6.5 Excavation & 12" Rock Base (8' Deep) 6.6 Construct CIP Manhole Base 6.7 Install Precast Shafting & Set Frame & Cover 6.8 SE30 Full Backfill (Std. Plan 1150) 6.9 AC Restoration 6.10 Spoil Disposal 7 Construct New Manhole (8'-12' depth) 10 Each 7.1 Purchase New Frame & Cover 7.2 Purchase Precast Shafting 7.3 Daily Traffic Control (inc. road plates) 7.4 Sawcut AC 7.5 Excavation & 12" Rock Base (8'-12' Deep) 7.6 Construct CIP Manhole Base 7.7 Install Precast Shafting & Set Frame & Cover 7.8 SE30 Full Backfill (Std. Plan 1150) 7.9 AC Restoration 7.10 Spoil Disposal 8 Raise Existing Manhole F&C & Replace Collar 30 Each 8.1 Purchase New Frame & Cover 8.2 Install Precast Shafting & Set Frame & Cover 8.3 AC Restoration 9 Replace Manhole Cover Concrete Collar 30 Each 9.1 Replace Manhole Cover Concrete Collar 10 Furnish & Install Traffic Loop 5 Each 10.1 Install New Loop 11 Provide Sewer Lateral Lining with Cleanout (4 or 6") 60 Each 11.1 Sawcut & Remove Existing PCC Sidewalk 11.1.1 Sawcut PCC Sidewalk 11.1.2 Removal & Disposal 11.2 Excavate & Remove Section of Lateral 11.3 Shoot New Liner Material (Per Foot - 30' min section) 11.4 Replace Section of Sewer Lateral & Provide New Cleanout 11.5 Backfill, Compact & Install New PCC Sidewalk 11.5.1 Backfill & Compaction 11.5.2 New PCC Sidewalk 12 Provide Top Hat Repairs (4 or 6" Sewer Lateral Pipe) 40 Each 12.1 Purchase NewTop Hat 12.2 Install Top Hat & Concrete Collar 13 Provide Pipe Bursting Repair with Cleanout (4 or 6" Sewer Lateral Pipe) 25 Each 13.1 Sawcut & Remove Existing PCC Sidewalk 13.1.1 Sawcut PCC Sidewalk 13.1.2 Removal & Disposal 13.2 Excavate & Remove Section of Lateral 13.3 Bursting Repair with Cleanout (4 or 6" Sewer Lateral Pipe) 13.4 Replace Section of Sewer Lateral & Provide New Cleanout 13.5 Backfill, Compact & Install New PCC Sidewalk 13.5.1 Backfill & Compaction 13.5.2 New PCC Sidewalk City Council 13 - 30 7/20/2021 14 Provide Open Trench Repair/Replace with Cleanout (4 or 6" Sewer Lateral F 14.1 Sawcut & Remove Existing PCC Sidewalk 14.1.1 Sawcut PCC Sidewalk 14.1.2 Removal & Disposal 14.2 Excavate & Remove Section of Lateral 14.3 Replace Section of Sewer Lateral & Provide New Cleanout 14.4 Backfill, Compact & Install New PCC Sidewalk 14.4.1 Backfill & Compaction 14.4.2 New PCC Sidewalk 25 Each City Council 13 — 31 7/20/2021 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F E. RELEVANT PROJECT EXPERIENCE City Council 13 — 32 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F RELEVANT CONSTRUCTION PROJECTS COMPLETED Project #1: Project Name: CSUSB Infrastructure Upgrades- Housing & Campus Phase 1 & 4 Location: San Bernardino, CA Owner: Trustees of the California State University Owner Contact (name and current phone number): Chris Myers, Project Manager (949) 648-3466 Architect or Engineer: P2S Engineering, Inc. Architect or Engineer Contact (name and current phone number): Charlotte Dean (562) 497-2999 Construction Manager Contact (name and current phone number): Chris Myers, Project Manager (909) 648-3466 Description of Project, Scope of Work Performed: Perform upgrades of all underground utilities throughout campus. The project included furnishing and installing new hot and chilled water hydronic piping, underground piping vault sewer, storm drain, and water utilities. Total Value of Construction (including change orders): $7,910,100 Original Scheduled Completion Date: August 2018 Time Extensions Granted (number of days): zero days Actual Date of Completion: August 2018 City Council 13 — 33 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F Project #2: Project Name: River Supply Conduit Upper Reach- Units 5 & 6 Location: North Hollywood, CA Owner: Los Angeles Department of Water and Power Owner Contact (name and current phone number): Ali Sabouni, Project Manager (213) 367-2637 Architect or Engineer: Los Angeles Department of Water and Power Architect or Engineer Contact (name and current phone number): Julio Venegas (213) 367-2637 Construction Manager Contact (name and current phone number): Ali Sabouni, Project Manager (213) 367-2637 Description of Project, Scope of Work Performed: Installation of 15,800 LF of 78" CML&C Steel Pipe, 5,400 LF of open cut and 10,300 LF via 12' diameter Lovat Tunnel Boring Machine Total Value of Construction (including change orders): $91,222,752 Original Scheduled Completion Date: February 2018 Time Extensions Granted (number of days): 42 days Actual Date of Completion: March 2018 City Council 13 — 34 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F Project #3: Project Name: Beachwood Sparks Force Main & Pump Station Location: Burbank, CA Owner: City of Burbank Owner Contact (name and current phone number): Dan Rynn, Project Manager (818) 238-3932 Architect or Engineer: Lee and Ro, Inc. Architect or Engineer Contact (name and current phone number): Dhiru Patel (626) 912-3391 ext. 209 Construction Manager Contact (name and current phone number): Dhiru Patel (626) 912-3391 ext. 209 Description of Project, Scope of Work Performed: Installation of approx. 11,600 If of 24" HDPE sewer main including multiple bore &jacks, pump station shutdown, and replacement of pumps, valves, appurtenances, and wet well lining, street restoration, and sewer plant tie-in. Total Value of Construction (including change orders): $10,537,862 Original Scheduled Completion Date: January 2017 Time Extensions Granted (number of days): 40 days Actual Date of Completion: December 2016 City Council 13 — 35 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F Project #4: Project Name: City of Temecula Old Town Sewer Improvements Location: Temecula, CA Owner: Eastern Municipal Water District Owner Contact (name and current phone number): Karl Roland, Construction Manager (951) 928-3777 Architect or Engineer: HDR, Inc. Architect or Engineer Contact (name and current phone number): Steve Freidman (951) 928-3777 Construction Manager Contact (name and current phone number): Karl Roland, Construction Manager (951) 928-3777 Description of Project, Scope of Work Performed: Installation of approximately 3,100 LF of 15-inch gravity relief sewer along Front Street from Moreno Road to First Street. Connected the new gravity relief sewer to the existing sewer and constructed (4) interconnections. The new relief sewer was to be installed using guided boring method with shafts located at street intersections along the Front Street. The specified guided bore method was unsuccessful and the project was redesigned and installed using five conventional bores and open cut excavation of one section. Responsible for relocating existing utilities; implementing traffic and pedestrian control measures; installation and monitoring of ground, utility, and surface movement monitoring sensors; installation of manholes; collection and disposal of groundwater encountered during construction; restoration of AC pavement; restoration of sidewalks, boardwalk, curb and gutter, curb return, and handicap access ramps. Total Value of Construction (including change orders): $ 12,048,760 Original Scheduled Completion Date: November 2015 Time Extensions Granted (number of days): 168 days Actual Date of Completion: March 2016 City Council 13 — 36 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F Project #5: Project Name: Metro Gold Line Foothill Extension Construction Authority- Utility Relocation Project Location: Glendora/ San Dimas/ La Verne, CA Owner: Metro Gold Line Foothill Extension Construction Authority Owner Contact (name and current phone number): Mitchell S. Purcell, Esq., Chief Contracting Officer (626) 305-7035 Architect or Engineer: Ch2m Architect or Engineer Contact (name and current phone number): Matthew Reifer, Civil Engineer (714) 429-2000 Construction Manager Contact (name and current phone number): Reky Hiramoto, Deputy Chief Project Officer (626) 471-9050 Description of Project, Scope of Work Performed: Protect in place existing water and sewer lines by utilizing a split steel casing and pouring concrete encasements. Work within SCRRA rail corridor with deep shored excavations or within road ROW. Installation of a new LACSD manhole at 20+ feet deep along Arrow Hwy was another scope of work. Permitting and inspection were the most challenging aspects of the project. Permits were required by SCRRA, City of Glendora, City of San Dimas, and City of La Verne. Inspections were done by the permit authorities and in addition Gold Line Authority, LACSD and GSWC also had fulltime inspection. Total Value of Construction (including change orders): $ 2,328,141 Original Scheduled Completion Date: November 2018 Time Extensions Granted (number of days): 0 Actual Date of Completion: September 2018 (Ahead of Schedule) City Council 13 — 37 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services ; REFERENCES Client: Inland Empire Utilities Agency Contact: Jerry Burke Job Title: Senior Engineer Phone: (909) 993-1547 Location: Chino Contract for: On -Call Emergency Task Orders Client: California Water Service Contact: Jim Crawford Job Title: Operations Manager Phone: (323)816-5857 Location: Commerce/Rancho Dominquez Contract for: Annual Contract Client: Liberty Utilities Contact: Mike Vasquez Job Title: Project Manager Phone: (562)333-0321 Locations: Various (Southern California) Contract for: Major Construction, Maintenance and On -Call Emergencies Client: Sunny Slope Water Company Contact: Troy Holland Job Title: Supervisor Phone: (626) 795-5238 Location: Pasadena Contract for: Installation of water systems & On -call Client: Los Angeles Department of Water & Power Contact: Ali Sabouni Job Title: Project Manager Phone: (213) 367-2637 Location: Los Angeles Contact for: Installation of approx. 15800 If of 78" dia. Welded steel pipe & appurtenances Client: Eastern Municipal Water District Contact: Karl Roland Job Title: Construction Administrator Phone: (951)928-3777 Contract for: Installation of VCP Sewer Main City Council 13 — 38 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F Client: Los Angeles County Sanitation District Contact: Russ Vakharia Job Title: Project Engineer Phone: (310)830-8050 Locations: Los Angeles Area Contact for: Installation of 90" RGRCP via rib -and -lag tunnel Client: Metropolitan Transit Authority Contact: Sonia Gomez Job Title: Project Engineer Phone: (213)922-7247 Contact for: Installation of underground power and water lines Client: County of San Luis Obispo Contact: James Brantley Job Title: Project Engineer Phone: (805)801-6162 Contact for: Installation of gravity sewer, sewer force mains, manholes, service laterals, fiber optic conduit, and recycled force mains City Council 13 — 39 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F SECTION IV. SUBMITTAL REQUIREMENTS B. PROPOSAL CONTENTS 2. FEE SCHEDULE Fee schedule submitted through PlanetBids system. City Council 13 — 40 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F SECTION IV. SUBMITTAL REQUIREMENTS B. PROPOSAL CONTENTS 3. CERTIFICATIONS City Council 13 — 41 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services F • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification City Council 13 — 42 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 -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to Signed State of California ' County of Los Angeles -Walter A. Rasic, Jr. - VP/SEC. Subscribed and sworn to (or affirmed) before me on this I I day of MAI 21_, by Walter A. Rasic, Jr. , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Not rF5UbVVSig t re Notary Public Seal JENNIFER N. GUTIERREZ Notary Public CnLfornia _'__ `r�= Los Angeles County - ` Comm,ssion a 2239494' �Y. My Cam,. Expires Apr 23, 2012 City of Santa Ana - RFP 21-036 Sornrar sysl= Ranair GPrn/ICPC City Council Page 31 of13— 43 7/20/2021 NON -LOBBYING CERTIFICATION 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 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 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. 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 $100,000 and that all such subrecipients shall certify and disclose accordin 11. Signed: -Walter A. Rasic, Jr. Title: Vice Presi ent/Secretary Firm: W.A. Rasic Construction Company, Inc. Date: May 10, 2021 City of Santa Ana - RFP 21-036 Sewer O, C=m Renair Sarvirac City Council Page 32 of $3 — 44 7/20/2021 NON-DISCRIMINATION CERTIFICATION 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 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 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 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. City of Santa Ana - RFP 21-036 City Council Page 33 oft3 — 45 7/20/2021 7. 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 Contractor 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 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: -Walter A. Rasic, Jr. Title: Vice Pres' ent/Secretary Firm: W.A. Rasic Construction Company, Inc. Date: May 10, 2021 City of Santa Ana - RFP 21-036 Sewer System Repair Services City Council Page 34 of 4� — 46 7/20/2021 City of Santa Ana Public Works Agency RFP No.: 21-036 — Sewer System Repair Services ; APPENDIX REVISED ATTACHMENT 2: FEE SCHEDULE Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. City Council 13 — 47 GENERAL ENGN`EEIUNG CONTRACTOR COST PLUS RATES EFFECTIVE JULY 1, 2020 through JUNE 30, 2021 CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS General Foreman CAGE 105.02 141.40 177.78 Foreman CAFM 101.83 136.70 171.56 Journeyman CAJM 97.05 129.66 162.25 Apprentice- 8lh Period (90%) CAA8 90.30 119.50 148.85 CEMENTMASONS Foreman CMFM 97.78 127.61 157.71 Journeyman Commercial CMJC 93.27 120.57 148.42 Journeyman Light Commercial CMJL 84.60 109.77 135.21 F&T Machine Operator CMFT 93.64 121.15 149.19 Apprentice- 8th 6 Mns. (90%) CMA8 87.47 112.00 136.95 LABORERS General Foreman LAGF 95.09 125.51 156.48 Foreman LAFM 93.2r 122.58 152.61 Group 1 - General LAG1 86.21 111.98 138.19 Group 2-Chute Man LAG2 87.04 113.20 139.9D Group 3- Pipeline Backup Man LAG3 87.86 114.42 141.60 Group 4- Pipe Layer, C&S LAG4 90.20 117.89 146.41 Group 5- Blaster / Driller LAG5 90.72 118.71 147.49 Apprentice- Sir Period (85%) LAA6 68.69 92.38 116.63 OPERATING ENGINEERS General Foreman, Appdx. A OEGF 122.29 163.54 205.00 Foreman, Appdx. A OEFM 119.14 158.95 198.80 Group 1, Appdx. A- Oiler OEG1 111.78 147.47 183.64 Group 2, Apptl, A- Oiler OEG2 112.96 149.30 186.06 Group 8, Appdx. A- Universal OEG8 116.13 154.26 192.60 Group 10, Appdx. A- Mechanic OEGM 116.31 154.54 192.97 Group 8, Appdx. B- Crane(upto 25tons) OEBB 116.57 154.94 193.50 Group 9, Appdx. B- Crane (25 to 50 tons) OEB9 116.82 155.34 194.02 Apprentice, GR 8, AppdxA- 5th (90%) OEA6 108.28 142.30 176.81 Southern California Cost Plus Rates CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME PROJECT MANAGEMENT Project Administrator PADM 67.72 87.09 106.45 Project Engineer 1 PEG1 73.99 96.09 118.20 Project Engineer 2 PEG2 93.89 125.91 158.21 Project Engineer 3 PEG3 96.60 128.67 160.74 Project Engineer 4 PEG4 107.87 146.14 184.69 Superintendent PMSP 147.56 192.38 237.20 Assistant Project Manager PMAS 121.88 166.70 212.00 Project Manager PMPM 137.81 185.87 233.93 Senior Project Manager PMSR 197.35 266.08 334.80 TEAMSTERS Foreman TDFM 93.59 118.81 144.59 GR 1-Warehouseman TDG1 89.03 112.08 135.41 OR 2- 2 Axle Vehicle TDG2 89.25 112.41 135.85 GR 3- 3 Axle Vehicle/2 Axle Water Truck TDG3 89.45 112.70 136.23 GR 4- Transit Mix Truck, 3 CUVD TDG4 89.73 113.12 136.79 OR 5- 3 Axle or more Water Truck TDG5 89.78 113.19 136.87 GR 6- Dump Truck 16 to 25 CUVD TDG6 89.82 113.25 136.96 GR 7- Forklift Driver TDG7 90.20 113.81 137.70 OR 8- Dump Truck 25 to 49 CUYD TDG8 90.58 114.36 138.43 GR 9- Low Bed Driver- 9 Axles or over TDG9 90.88 114.81 139.02 GR10- Working Truck Driver TDG10 91.33 115.47 139.94 GR11 - Boom Truck (17K and Below) TDG11 92.08 116.59 141.49 GR12- Boom Truck (17K and Above) TDG12 92.73 117.54 142.83 Apprentice- 6lh Period (95%) TDA6 75.01 97.94 121.23 ITELDERSiFITTERSIHLP-Local 250 Shor ine Foreman WLFM 124.41 170.00 212.86 Journeyman WLJM 117.43 159.55 199.30 Metal Trades WI -MT 71.52 93.11 113.90 Apprentice Rates: Apprentice rates listed above are for the highest classification prior to journeyman full scale rates. Billing for apprentices will be based on actual classification(s) noticed. Boundaries of Southern California Cost Plus Rates: Consist of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riversi do, San Bernardino, Imperial, Ventura. Santa Barbara, San Luis Obispo, Kern and in addition'. Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, outside rentals (including fuel costs) etc., will be billed cost, plus sales tax as applicable, plus mark-up of 15%. Overtime Rates: Shift(s) shall be paid per union agreemenl(s). Subsistence: Lodging & meals for management, superintendents & general foremen will be billed at actual costs, plus mark-up at 15 % Travel Time: Billing time will start once employees are dispatched and end upon their return to the company facility. USA Notification: Client is responsible for Underground Service Alert (USA) notification for all emergency work. NOTE: All wage scales presented herein are subject to change without notice. This document does not include all labor classifications. Additional labor classifications are available upon request. Some work areas may be subject to special wage agreements, if applicable, fees will be billed accordingly. REVISED 1D/D9/20 4150 Long Beach Boulevard, Long Beach, CA 90807 • Phone: 562-9111 • Fax 562-928-7339 • Www.warasic.com State Contractor's License #A368761 City Council 13 - 48 7/20/2021 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2021 Air Compressors Hourly Rate Air Compressor - 13 HP (Truck Mounted) $ 8.00 Air Compressor - 185 CFM w/ tools & hoses $ 25.00 Asphalt Paving Equipment Hourly Rate Asphalt Spreader Box (variable width) $ 6.00 Propane Torch - Portable $ 5.00 Roller - 24" Width Walk Behind Type $ 24.00 Roller- 30" Width Walk Behind Type $ 26.00 Roller -36"Width Walk Behind Type $ 28.00 Roller - Asphalt Vibratory Dual Drum Smooth Type - 3 to 5 Ton $ 41.00 Tack Sprayer / Emulsion Pot (220 Gallon Capacity) $ 18.00 Backhoes Hourly Rate Backhoe - Case 58D Super SM 4X4 $ 61.00 Backhoe - Case 590 Super M 4X4 $ 67.00 Backhoe - Case 59D Super SN 4X4 $ 70.00 Backhoe - CAT 420 D 4x4 $ 63.00 Backhoe - CAT 430E 4x4 $ 58.00 Backhoe - CAT 430 / 430F2 / 450F 4x4 $ 72.00 Backhoe - John Deere 310 SG 4x4 Turbo $ 61.00 Backhoe Attachments Hourly Rate Auger Drill for Backhoe - 12" Diameter (Max Depth 8') Daily Rate $ 180.00 Auger Drill for Backhoe - 24" Diameter (Max Depth 8') Daily Rate $ 250.00 Hydraulic Breaker 1000 LB for Backhoes $ 50.00 Compaction Wheel for Backhoe - 12" or 18" Wide $ 10.00 Boring Equipment Hourly Rate Accu-Punch Bore Mole 2" diameter $ 20.00 Accu-Punch Bore Mole 3" diameter $ 25.00 Accu-Punch Bore Mole 4" diameter $ 32.00 Accu-Punch Bore Mole 5-3/4" diameter $ 50.00 Recon Bore Motor- Ingersol Rand Model 44 (Air Driven) $ 10.00 Compaction Equipment HourIV Rate Tamp / Powder Puff - Air Driven Daily Rate $ 25.00 Vibratory Soil Plate Compactor 34" Wide (CAT 320/330/325 & JD 200/225 Excavator) $ 26.00 Vibratory Plate 24" (Walk Behind) Daily Rate $ 100.00 Wacker (Jumping Jack) Daily Rate $ 100.00 Concrete Equipment Daily Rate Concrete Mixer - 1/3 CUYD Capacity (Tow Behind) $ 90.00 Concrete Saw - Walk Behind Hourly Rate $ 60.00 Concrete Vibrator (Electric) $ 100.00 Concrete Washout Bin (5.25 CUYD) $ 75.00 City Council 13-49 7/20/2021 Page 1 of 7 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2021 Air Supply System - Allegro Air Cart w/60 Min. Bottles Stretcher Basket w/ Buckles Gas / Oxygen Monitor Harness - Full Body Type Lanyard Retractable Type - 30' Length (Yo-yo) Manhole Blower - 4130 CFM (Gas Powered) S.C.B.A. 5 mins (Scott SKA-PAK 2.2-3.0) Tripod w/ Winch For Confined Space Entry Velometer (Air Flow Measuring Device) Vent Blower Trailer Mounted (12,000 CFM) Hourly Rate Vent Blower Trailer Mounted (25,000 CFM) Hourly Rate $ 250.00 $ 160.00 $ 75.00 $ 100.00 $ 15.00 $ 35.00 $ 40.00 $ 75.00 $ 80.00 $ 100.00 $ 35.00 $ 50.00 Drill Ries Hourly Rate Mobilram - ABI TM 18/22B (83' Height - 148,000 LBS) $ 580.00 Lo- Drill - John Deere 450CLC (102,000 LBS) $ 365.00 Excavators Hourly Rate Excavator - CAT 303E(7,782 LBS) $ 24.00 Excavator - CAT 320 CLU (51,750 LBS) $ 115.00 Excavator - CAT M322D - Wheeled (51,809 LBS) $ 125.00 Excavator - CAT 325 CL (64,460 LBS) $ 145.00 Excavator - CAT 330 DL(79,700 LBS) $ 235.00 Excavator - CAT 335F (84,604 LBS) - No Swing $ 255.00 Excavator - CAT 336 EL (86,796 LBS) $ 250.00 Excavator - CAT 345 CL (100, 810 LBS) $ 245.00 Excavator - CAT 385 CL (187,360 LBS) $ 400.00 Excavator- John Deere 120 C (28,840 LBS) $ 85.00 Excavator -John Deere 225 CLC (53,936 LBS) $ 120.00 Excavator - Komatsu PC 1000 LC (222,130 LBS) $ 515.00 Excavator - Komatsu PC 1250 LC-8 (249,560 LBS) $ 600.00 Excavator - LiuGong 906C (13,228 LBS) $ 52.00 Excavator Attachments Hourly Rate Bedding Conveyor 30" Wide w/8 CUYD Capacity Hopper - Felco (for CAT 385 Excavator) $ 22.00 Concrete Pulverizer Jaw Type 6,300 LB (for CAT 345 Excavator) $ 100.00 Compaction Wheel 24" Wide (for JD 120C Excavator) $ 12.00 Compaction Wheel 36" Wide (for JD 200, CAT 320, CAT 325, CAT 330 Excavator) $ 15.00 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 Excavator) $ 17.00 Hydraulic Breaker 1000 LBS (for JD 120 Excavator) $ 50.00 Hydraulic Breaker 4000 LBS (for CAT 325, CAT 330, CAT 320 Excavator) $ 100.00 Hydraulic Breaker 6000 LBS (for CAT 336, CAT 345 Excavator) $ 200.00 Hydraulic Breaker 10000 LBS (for CAT 345 Excavator) $ 300.00 Hydraulic Breaker 15000 LBS (for Komatsu PC1000 Excavator) $ 410.00 Vibratory Hammer ABI HVR100Z - 4,585 LBS (for CAT 336, CAT 345 Excavator) $ 75.00 City Council 13-50 7/20/2021 Page 2 of 7 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2021 Fusion Hourly Rate Fusion Machine For HDPE - 4" Diameter max (Butt Fusion) $ 25.00 Fusion Machine for HDPE - 2" Diameter Max (Socket Fusion) $ 10.00 Generators Hourly Rate Generator 5 KW - Truck Mounted $ 10.00 Generator 25 KW $ 20.00 Generator45 KW $ 35.00 Generator 118 KW $ 75.00 Generator 230 KW $ 115.00 Forklift - Hyster w/ 5,000 LB Lift Capacity $ 50.00 Forklift - Clark w/ 8,000 LB Lift Capacity $ 55.00 Forklift - Hyster w/15,500 LB Lift Capacity $ 70.00 Telescoping Lift - Gradall w/ 6000 LB Lift Capacity & 36' Reach $ 55.00 Telehandler - CAT TL1255D, Operating Weight: 34,361 lbs., Lift Capacity: 5,000 Ibs $ 77.00 Loaders Hourly Rate Loader - CAT 950 H (44,435 LBS) $ 170.00 Loader - CAT 950M (42,357 LBS) $ 170.00 Loader - CAT 966 M (51,176 LBS) $ 230.00 Loader - CAT 980 H (68,489 LBS) $ 270.00 Loader -John Deere 544J (30,459 LBS) $ 85.00 Loader - LiuGong 842Z III (33,601 LBS) $ 85.00 Loader - LiuGong 856Z III (40,675 LBS) $ 105.00 Skid Steer Loader - CAT 248E $ 45.00 Skid Steer Loader - CAT 262 C $ 45.00 Skid Steer Loader - CAT 262 D $ 45.00 Skid Steer Loader - Case TR270 $ 50.00 Skid Steer Loader - CAT 272 D XHP $ 50.00 Skip Loader - John Deere 210 LE $ 55.00 Asphalt Zipper - 30" Width (for CASE 590/CAT450 or larger) $ 85.00 Asphalt Zipper - 48" Width (for CAT 950 Loader or Larger) $ 85.00 Broom / Sweeper (for CAT 248B, CAT 262C & 262D) $ 10.00 Compaction Wheel - 24" Width (for CAT 950, CAT 972) $ 12.00 Hydraulic Breaker 600 LB (for CAT 262) $ 40.00 Mulching Machine - 64" Cutting Width (for CAT 262C Skid Steer Loader) $ 150.00 Cold Planner - Up to 24" (for CAT 248B, CAT 262C & 262D) $ 20.00 Air Hacksaw Air Hammer Air Ratchet Angle Grinderw/4.5" Wheel Diameter Auto Level w/Case Tripod & Rod (Magnification: 28X) Cart - ATV Type (Gas Powered / 4 Passenger) Cart - Golf Type Hourly Rate $ 75.00 $ 75.00 $ 30.00 $ 37.50 $ 75.00 $ 15.00 $ 75.00 City Council 13 - 51 7/20/2021 Page 3 of 7 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2021 Chipping gun / Air Hammer / Rivet Buster w/ Tools $ 75.00 Clay Spade $ 50.00 Combination Rotary Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered $ 75.00 Cut-off Saw / Chain Saw / Skill Saw / Jig Saw $ 75.00 Demolition Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered $ 75.00 Duct Redder - 500' $ 80.00 Duct Redder - 1000' $ 100.00 Electric Drill (1" diameter max drill bit) $ 50.00 Fan 3D" Pedestal Type $ 40.00 Geo Phone Underground Sounding Device (Pig Locator) $ 175.00 Grade / Flo -Line Instrument $ 6.00 Heat Gun / Non -Contact Infrared Thermometer $ 4.00 Holiday Tester (also for T-Lock Liner Testing) $ 50.00 Jackhammer 70 LB Air $ 90.00 Jig Saw $ 75.00 Test Pump Hydrostatic - 5 HP $ 80.00 Test Pump Hydrostatic - 8 HP $ 125.00 Hydraulic Torque Wrench 1"-HyTorc $ 300.00 Impact Gun / Driver - Up to 1" (11,160 In-Lbs to 16,200 In-Lbs) $ 30.00 Impact Gun - Up to 1" (1600 Ft-Lbs / 19,200 In-Lbs) $ 90.00 Laser - Pipe & Slope Type $ 75.00 Light Stand (Single Lamp 120 Volt) $ 15.00 Light Tower -Towable Unit (4 Lamp) Hourly Rate $ 25.00 Peanut Grinder w/5' Whip Kit $ 37.50 Pipe Cutters - 4" to 8" Diameter $ 40.00 Pipe Locator $ 100.00 Pipe Threader Electric (up to 2") $ 70.00 Pipe Threader Electric (Up to 4") $ 175.00 Pipe Threader Hand (Up to 2") $ 100.00 Pipe Tongs (4" to 12") $ 8.00 Pipe Tongs (16" to 24") $ 15.00 Pipe Tongs (30" to 36") $ 20.00 Plywood Pullers (Up to 6,000 LBS) $ 10.00 Portable Pipe Vise (Tripod Standing Type) $ 35.00 Pressure Washer $ 60.00 Pressure Washer Water Buffalo (4200 PSI) $ 160.00 Rebar Cutter (Up to 3/4" Max) $ 120.00 Reciprocating Sawzall $ 75.00 Rock Drill (Up to 1") Hourly Rate $ 16.00 Rotary Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered $ 75.00 Sand Blaster $ 175.00 Soil Pipe Cutters/Snap Cutters - Up to 30" Diameter $ 40.00 Steam Pressure Washer Trailer Mounted (3500 PSI) $ 160.00 Survey Unit for Pig Runs - Promark 3 GPS Type (with receiving units) $ 400.00 Tapping Machine (Up To 2" - water systems only) Per inch rate $ 40.00 Tapping Machine -T.D. Williamson (Up to 2" - Petroleum) Per inch rate $ 100.00 Utility Pole Support Holder (40' max pole height) $ 30.00 City Council 13-52 7/20/2021 Page 4 of 7 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2021 Motor Graders Hourly Rate Motor Grader - John Deere 770CH II $ 105.00 Office Trailers & Storage Containers Daily Rate Office Trailer 8' x 16', 8' x 28' or 8" x 32' $ 40.00 Office Trailer 12' x 56', 12' x 52' or 12' x 60' $ 70.00 Storage Container 8' x 20' $ 10.00 Pipe Fitting Equipment Daily Rate Bevel Band w/Transmission Crawler (Up to 24") $ 8.00 Bevel Machine (Up to 12") $ 8.00 Bevel Machine (Up to 20") $ 18.00 Cold Cutter - Low Clearance (2" to 14" Steel) $ 40.00 Cold Cutter - Low Clearance / Rotary Cutter (16" to 26" Steel) $ 48.00 Double Jackscrew Chain Clamp - Mathey Dearman (Up to 36") $ 110.00 Electromagnetic Drill Press / Mag Drill (Up to 1") $ 40.00 Line -Up Clamp / Rachet Line -Up (Up to 12") $ 2.00 Line -Up Clamp / Rachet Line -Up (Up to 24") $ 5.00 Mechanical Plug (Up to 12") $ 2.00 Mechanical Plug (Up to 24") $ 5.00 Pipe Dispensing Trailer (Up to 2") Hourly Rate $ 12.00 Pipe Dispensing Trailer (Up to 3") Hourly Rate $ 15.00 Torque Wrench - Manual (Up to 1000 LBS) $ 100.00 Portable Concrete Batch Plant CUYD Rate Portable Concrete Batch Plant - Port -A -Pour (Max production @ 120 CUYD per hour) $ 25.00 Recycling Equipment - Crushers. Screens & Conveyors Daily Rate Conveyor / 40 Cubic Yard Load Out Bin $ 250.00 Conveyor / Stacker 36" Wide x 60' Long - Anaconda TR6036 $ 250.00 Screen Frame 12' Wide w/ Adjustable Top - Grizzly $ 100.00 Screening/ Material Processing Machine - Sandvik QA140 S-3(100 HP/53,600 LBS) Hourly Rate $ 105.00 Shoring Equipment Daily Rate Beam W14 x 89 x 30' Length $ 15.40 Beam W14 x 89 x 40' Length $ 19.00 Beam W14 x 102 x 40' Length $ 20.50 Beam W14 x 120 x 40' Length $ 22.00 Beam W14 x 145 x 40' Length $ 27.00 Beam W14 x 176 x 40' Length $ 33.00 Plates 5' x 8' x 1" Thick (non -treated) $ 6.00 Plates 6' x 10' x 1"Thick (non -treated) $ 7.00 Plates 8' x 10' x 1" Thick(non-treated) $ 8.00 Plates 8' x 15' x 1" Thick (non -treated) $ 12.00 Plates 8' x 20' x 1" Thick (non -treated) $ 13.00 Manhole Shoring Boxes - 8' x 8' x 8' high (steel) $ 80.00 Manhole Shoring Boxes - 8' x 10' x 10' high (steel) $ 110.00 Trench Boxes - 6' x 20' (steel) $ 80.00 Trench Boxes - 8' x 20' (steel) $ 110.00 City Council 13-53 7/20/2021 Page 5 of 7 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2021 Trench Boxes - 4' x 24' (steel) $ 85.00 Trench Boxes - 6' x 24' (steel) $ 125.00 Trench Boxes - 10' x 24' (steel) $ 205.00 Hydraulic Speed Shores 28" to 46" - 3' Rail $ 27.00 Hydraulic Speed Shores 28" to 46" - 5' rail $ 28.00 Hydraulic Speed Shores 28" to 46" - 7' Rail $ 29.00 Hydrualic Speed Shores 34" to 55" - 5' Rail $ 30.00 Hydraulic Speed Shores 52" to 88" - 5' Rail $ 40.00 Hydraulic Z Shores 52" to 88" Single Ram - 5' rail $ 40.00 Hydraulic Z Shores 52" to 88" Double Ram - 5' Rail $ 60.00 Hydraulic Speed Shore Accessory - Hand Pump & Release Tool $ 30.00 Hydraulic SS" to 88" Single Ram - 2' Rail $ 35.00 Plywood 4' x 8' Sheet 1 1/8" Thick $ 8.00 Timbers 4" x 12" x 10' Long (TYP) $ 15.00 Trench Top 6' x 10' Treated Plate $ 8.00 Trench Top 8' x 10' Treated Plate $ 9.00 Sweepers & Brooms Hourly Rate Broom / Sweeper - Self Propelled $ 38.00 Power Broom / Power Sweeper (Walk Behind) Daily Rate $ 45.00 Arrow Board (Solar) Hourly Rate $ 15.00 Barricade - ADA Compliant Pedestrian Type $ 3.00 Barricade Flasher (LED Barricade Light) $ 1.00 Barricade - Type I (Pedestrian Type - Plastic) $ 1.00 Barricade -Type 11 $ 2.00 Barricade-TypellI $ 3.00 Delineator/Traffic Cone $ 1.00 Chain Link Fence Panel 6' x10' w/ Feet $ 7.00 Crash Barrels (various sizes) $ 4.00 K-Rail 20' length $ 7.00 Message Board - Programmable 4' x 8' Hourly Rate $ 25.00 Ramp Pedestrian Type (Bariatric Panel Ramp) $ 20.00 Rumble / Rock / Tire Cleaning Plates 8' x10' $ 10.00 Traffic signs 30" x 30" $ 5.00 Trailer - Dump Trailer - 9,900 GVWR, 6' x 10' $ 12.00 Trailer - Enclosed Type 12' Long Enclosed (Dig -Up) $ 20.00 Trailer - End Dump Type (40,000 LB Max Capacity) $ 15.00 Trailer - Flatbed / Platform Type 48' Long $ 31.00 Trailer - Low Boy Type Heavy Haul - 88,000 LB Max. Capacity $ 31.00 Trailer - Pipe Hauler Type - 14' length $ 12.00 Trailer - Reel Type - 5'4" x 9' (Single Reel) $ 5.00 Trailer - Tilt or w/Rams Type - 10, 000 LB Max. Capacity ( for Asphalt Rollers) $ 10.00 Trailer - Tilt or w/Rams Type - 19,000 to 20,000 LB Max Capacity ( for Asphalt Rollers) $ 12.00 Trailer - Tilt or w/Rams Type - 3S,000 to 40,000 LB Max Capacity ( for Various Equipment) $ 15.00 City Council 13-54 7/20/2021 Page 6 of 7 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2021 Trailers (continued) Hourly Rate Trailer - Utility Type / Tool Hauler 1,600 LB Max Capacity $ 6.00 Trailer - Utility Type / Tool Hauler 3,000 LB Max Capacity $ 7.00 Trenchers & Conveyor Hourly Rate Trencher Vermeer DT 655 Offset (24" wide , 72" depth) $ 325.00 Conveyor for Vermeer DT 655 Trencher (24" Width) $ 70.00 Truck - Bobtail / Flat Bed Dump $ 65.00 Truck- Bobtail Dump (Paving) $ 70.00 Truck - Gang Truck MV607 SBA (33,000 GVWR) $ 60.00 Truck - Low Bed Haul w/ Trailer (88,000 LB Max Haul Capacity) $ 95.00 Truck - Mechanics Type w/ 5,000 LB Lift Crane & Welder $ 65.00 Truck - Mechanics Type w/ 14,000 LB Lift Crane & Welder $ 75.00 Truck - Pick-up Truck / SUV / Van $ 25.00 Truck - Service Type (F-350, & F-550) $ 39.00 Truck - Service Type F-550 w/ Welder (500AMP) / Compressor (60 CFM) $ 45.00 Truck - Stakebed Type - 11' to 16' Bed Length $ 40.00 Truck - Mechanics Type w/ 5,000 LB Lift Crane & Welder $ 65.00 Truck - Mechanics Type w/ 14,000 LB Lift Crane & Welder $ 75.00 Truck - Stakebed Type - 24' Bed Length (2S,999 Ibs) $ 29.S1 Truck - Super 10 Dump (10 CUYD Cap for Dirt) $ 92.00 Truck - Water Type 2,000 Gallon $ 42.00 Vactor Trucks Hourly Rate Vactor Truck / Potholing Rig (800 Gallon) $ 150.00 Water Pumps Daily Rate Water Pump Submersible Type, Electric Powered 2" w/ 25' of Suction Hose & 50' of Discharge Hose $ 60.00 Water Pump Submersible Type, Electric Powered 3" w/ 25' of Suction Hose & 50' of Discharge Hose $ 85.00 Water Pump Submersible Type, Electric Powered 4" w/ 25' of Suction Hose & 50' of Discharge Hose $ 135.00 Water/Fuel Tanks & Towers Daily Rate Dewatering Sediment Tanks (1,000 Gallon Capacity) $ 10.00 Fuel Tank - 1,000 Gallon (Dual Containment) $ 16.00 Water Tank Trailer Type (500 Gallon Capacity) Hourly Rate $ 10.00 Water Tower - Towable Unit (Up to 12,000 Gallon) $ 100.00 Band Saw - Portable 4" x 4" max cut $ 10.00 Plasma Cutter $ 20.00 Welder 200 AMP $ 17.00 Welder 300 AMP $ 18.50 Welder 300 AMP Tig Machine $ 18.00 Welder S00 AMP $ 20.00 Weld Rig for Rig Welder (includes fuel / wet rate) $ 35.00 City Council 13 - 55 7/20/2021 Page 7 of 7 A - 1 w ► EXHIBIT B (Fee Schedule) City Council 13 — 57 7/20/2021 Appendix REVISED ATTACHMENT 2: FEE SCHEDULE Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Item # Bid Item Unit Quantit 1. Repair/Replace 6" or 8" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan 1200(As- LF 500 Needed) 2. Repair/Replace 6" or 8" Sewer Main between 8'-12', minimum 6 feet; Deep per Standard Plan 1200 LF 250 (As -Needed) 3. Repair/Replace 10" or 12" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan LF 100 1200 (As -Needed) 4. Repair/Replace 10" or 12" Sewer Main Between 8'-12'Deep; minimum 6 feet; per Standard Plan 1200 LF 100 (As -Needed) Unit Price Amount City Council 13 — 58 7/20/2021 RFP 21-036 Addendum One May 17, 2021 4 of 7 5. Remodel Manhole Base EA 10 $ $ (As -Needed) 6. Construct New Manhole Not More Than 8' Deep per Standard Plan 1201 (As -Needed) EA 50 $ $ 7. Construct New Manhole Between 8'-12' Deep per Standard Plan 1201 (As -Needed) EA 10 $ $ 8. Raise Existing Manhole Frame and Cover, and replace collar to Grade per Standard Plan 1201 EA 30 $ $ (As -Needed) 9. Replace Manhole Cover Concrete Collar per Standard Plan 1201 (As -Needed) EA 30 $ $ 10. Furnish and Install Traffic Loop EA 5 $ $ 11. Provide Sewer Lateral Lining with EA 60 $ $ Cleanout, 4" and 6" Sewer Lateral Pipe (As -Needed) 12. Provide Top Hat Repairs, 4" and 6" EA 40 $ $ Sewer Lateral Pipe (As -Needed) 13. Provide Pipe Bursting Repair with Cleanout, 4" and 6" Sewer Lateral Pipe per Standard Plan 1204A (As- EA 25 $ $ Needed) 14. Provide Open Trench Repair/Replacement with Cleanout, 4" and 6" Sewer Lateral Pipe per EA 25 $ $ Standard Plan 1204 (As -Needed) City Council 13 — 59 7/20/2021 RFP 21-036 Addendum One May 17, 2021 5 of 7 AGREEMENT TO PROVIDE ON -CALL SEWER SYSTEM REPAIR SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between Mladen Buntich Construction Co., Inc., a California corporation ("Contractor"), 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 April 28, 2021, the City issued Request for Proposal No. 21-036, by which it sought qualified contractors to provide on -call sewer system repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP No. 21-036. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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, Contractor shall perform the services described in the scope of work that was included in REP No. 21-036, and as more specifically delineated in Contractor'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 Contractor under this Agreement. Contactor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of five (5) contractors selected to provide services on an as - needed basis under RFP No. 21-036. The total compensation for services provided by all contactors selected under REP No. 21-036 shall not exceed the shared aggregate amount of four million dollars and zero cents ($4,000,000) during the term of this 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. City Council 13 — 60 7/20/2021 Page I of 8 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 19, 2024. unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1), two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all City Council 13 — 61 7/20/2021 Page 2 of 8 Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. If Contractor 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 $2,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. City Council 13 — 62 7/20/2021 Page 3 of 8 (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 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor or its subcontractors, 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 Contractor 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 Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, for infringement of any United States' letters patent, trademark, or copyright contained in the work City Council 13 — 63 7/20/2021 Page 4 of 8 product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 parry 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: City Council 13 — 64 7/20/2021 Page 5 of 8 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 Contractor: Mladen Buntich Construction Co., Inc. 1500 West 9th Street Upland, CA 91786 Attn: Haden Buntich Jr., President 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 Contractor 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 Contractor. 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 Contractor or the City. Each party to this Agreement aclrnowledges 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 AND DELEGATION Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 City Council 13 — 65 7/20/2021 Page 6 of 8 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 contractors 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the Ciry's use thereof for such purposes as the City deems appropriate. 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 Contractor shall not discriminate because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination, discharge, or to bar, or other employment related activities or in connection with any activities under this Agreement. Contractor 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. City Council 13 — 66 7/20/2021 Page 7 of 8 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM MLADEN SONIA R. CARVALHO CONSTI City Attorney By: , Brandon Salvatierra ZaDeputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CO., INC.: City Council 13-67 7/20/2021 . 11 Page 8 of 8 EXHIBIT A (Scope/Contractor's Proposal) City Council 13 — 68 7/20/2021 0 buntich IN RESPONSE TO: City of Santa Ana Public Works RFP MLADEN BUNTICH CONSTRUCTION CO., INC. 1500 West 9°' Street, Upland CA 91786 License 532604 Class A DIR 1000001912 www.buntich.com 909-920-9977 0AN City Council Request for Proposal Sewer System Repair Services Due Date: May 19, 2021 - 12:00 PM Christopher Whitehead PH: (909) 920-9977 13 — 69 7/20/2021 Email: estimating@buntich.com 0 buntich a. Cover Letter of Introduction Mladen Buntich Construction Co., Inc. (MBC) is appreciative of the City of Santa Ana's decision to include us as part of the invitation process for submitting this RFQ for the Sewer System Repair Services. Mladen Buntich Construction Company Inc., is a Class A licensed S Corp., Contractor specializing in open -cut, trenchless construction, and rehabilitation construction processes in dense urban environments. Our goals are to find unique, and innovative ways to rehabilitate live sewers using tools and procedures that minimize impacts to the community while maintaining a zero -sewer spill policy. We are an ideal candidate for this project, and we have a proven track record with other agencies that have similar types of contracting needs. We have been a selected Contactor for the City of Los Angeles' emergency on -call services since 2007. Under these contracts, MBC has been selected to perform work on over 200 sewer and/or storm drain repair projects ranging in value from $1,000 to $4M. Damaged utilities have been successfully repaired by open cut, sliplining, and CIPP lining methods by MBC crews and subcontractors. MBC has a proven track record of responding to such emergencies in an urgent manner and performing the necessary repairs to ensure public health and safety. MBC has pioneered many of the procedures and processes used across North America and remains at the forefront of the sewer rehabilitation industry. We have developed tools and expertise in excavating, cleaning, lining, and odor -control which allows for maximum flexibility to resolve difficult and complex issues quickly, methodically, and with safety being our top priority. Our experience in all aspects of the rehabilitation processes in addition to our extensive heavy civil underground experience ensures the safe execution of emergency work in a smooth and efficient manner. Our goal is to partner with the City of Santa Ana to execute projects in an expeditious manner to mitigate the impact to the public. Simply put, our team is unmatched with its combination of intimate local experience, large scale live sewer rehabilitation experience, and long track record of success on many jobs of similar and greater scale and complexity. Should Mladen Buntich Construction Co., Inc. be selected, we will work in close partnership with the City of Santa Ana's upcoming emergency projects to ensure that its goals, time frames, and economic considerations are met. We are_Agfident we will meet those goals and the projects will be a celebrated success for all. Mladen Buri ich Construction Company Inc., S. Corporation 1500 West 9'h Street Upland CA 91786 909-920-9977 Ca. Contractors License 532604 Class A www.buntich.com City Council Page i of 12 — 70 7/20/2021 0 buntich b. Agreement Statement We are in receipt of the Standard Agreement with the City as included in the Appendix of this RFP and take no exception to this Agreement. c. Firm and Team Experience Mladen Buntich Construction Company Inc. is an established contractor located on an 8-acre facility in Upland, CA, in close proximity to the project coverage area. MBC has a reputation in the industry to take on some of the most challenging projects while self -performing a diverse scope of work. MBC typically performs a large portion of the projects that we are contracted for with in-house crews, and equipment. By self -performing the installations, MBC is able to control the quality of our work, schedule adherence, and flexibility of our management. Our projects range in size from $5,000 to $45,000,000. MBC currently has a staff of 70 employees. MBC has a bonding capacity of up to $75 Million single project and $125 Million aggregate. In addition to some of the most qualified personnel in the construction industry we also own and operate an extensive fleet of construction equipment. Our current fleet allows us to perform almost any Civil project in house ranging from pipe installations, soil retention shoring, pit excavations, tank removals, structural concrete, and grading. We also own and customize specialty equipment for Pipe Jacking, Large Diameter Slip Lining, T-Lock Pipe Forms, and CCFRPM milling machines. To coin the phrase "Innovators in Infrastructure", we have determined that if the industry does not make the machine, then we will. We have a fleet of proprietary and custom machines that are used for installation purposes that have been endorsed by the material manufactures to be used to modify their material while still maintaining the warranties provided by the manufacturer. Labor and Equipment are some of our greatest assets. However, we also know it is critical to buy quality products. Over the years we have developed personnel relationships with material supply companies such as Ferguson Water Works, Hub Specialties, Stemar, Crane Veyor, Long Beach Iron Works, Mission Clay, White Cap HD Supply, Inland Water Works, Robertson's Ready Mix, West Coast Sand and Gravel, Vulcan Materials, RJ Noble, and All American Asphalt. These personal relationships have ensured that we get products that meet or exceed the specifications on time. MBC has proven successful management of prior completed projects. We value our employees and the team members we bring on board to help us build a successful project. To do this we maintain a strict safety program. By educating our employees on the standards set forth from OSHA, CAL -OSHA, MSHA, and EM385-1-1 we believe that training is essential to a Zero -accident workplace. While our vision of safety starts from management it is the implementation from the field of safety practices, programs, standards, and PPE that make our program successful. Our business model, combined with decades of experience, and dedicated personnel position MBC as an ideal candidate for the City of Santa Ana's emergency services contract. City Council Page 2 of 18 — 71 7/20/2021 0 bunrich Mladen Buntich Construction Co., Inc. has chosen the following team members to respond In the event of an emergency: Evan Casaus, Project Manager (Primary Contact) Jim Kennelly, Superintendent (Alternate Contact) Jeff Sehi, Alternate Superintendent Jesse Galvez, Trade Foreman Evan Casaus, Project Manager (Primary Contact) Evan Casaus has been employed at Mladen Buntich Construction, Inc. since 2016. Mr. Casaus' role will be the primary responder in the event of an emergency. Mr. Casaus will assess the project and scope, coordinate scheduling with internal crews and subcontractors, develop estimates, oversee construction activities, coordinate with the District, and submit billings. Mr. Casaus has been the primary responder and has overseen Mladen Buntich Construction Co., Inc's work under the City of Los Angeles' emergency contract for the past five (5) years. Jim Kennelly, Superintendent (Alternate Contact) Jim Kennelly has been employed at Mladen Buntich Construction, Inc. since 2003. Mr. Kennelly's role will be the General Superintendent in the event of an emergency. Mr. Kennelly will coordinate with Mr. Casaus and will manage equipment and material deliveries. Jeff Sehi, Alternate Superintendent Should Jim Kennelly not be available, Jeff Sehi shall serve as alternate superintendent. Mr. Sehi has been employed at Mladen Buntich Construction, Inc. since 1992. Specializing in underground and Sewer Rehabilitation work. Jesse Galvez, Trade Foreman Jesse Galvez has been employed at Mladen Buntich Construction, Inc. since 2003. Mr. Galvez is a member of the Laborer's Local 300 Union. Mr. Galvez' role will be the general foreman in the event of an emergency. Mr. Galvez will manage the emergency repair construction activities and crew. Mr. Galvez will ensure that the crew is working safely and efficiently and will address any job site concerns. City Council Page 3 of J8 — 72 7/20/2021 O buntich Project Manager Evan Casaus 1500 W. 91 Street, Upland, CA 91786 ecasausO-buntich.com Cell 909-660-9543 Education & Training: B.A., Cum Laude, Intensive Psychology, UC Santa Cruz, CA (2015) - OSHA 30 Hour Safety Training - NASSCO Certified in PACP, MACP, and LACP - Competent Person Trenching and Excavation - Competent Person Confined Space - Primavera P6 Pro Fundamentals Certification - Forklift Operator Training - CPR and First Aid - Competent Person Silica Training - Fall Protection Awareness - GHS - Fire Prevention Awareness - Flagging Safety - Hazard Communications - Lock Out Tag Out Work Experience: 2016 - Current Mladen Buntich Construction Co., Inc. - Upland, CA - Emergency Services Manager, Project Engineer Emergency Services Manager - Oversees emergency underground projects performed for the City of Los Angeles Department of Public Works. These projects provide emergency sewer and storm drain repairs and/or replacement whereas the failure of said sewers and/or storm drains can jeopardize public health and safety. The scope of work ranges from emergency spot repairs to large emergency repairs/rehabilitation of major sewers and storm drains. Responsible for all phases of the construction process, scheduling, labor, and equipment. Manage all project finances, cost estimates, progress billings, and final billings. Develop subcontracts, obtain and review subcontractor proposals, manage subcontractors, and approve subcontractor billings. Responsible for the identification, analytics, and resolution of day-to-day challenges in a fast paced and changing environment. Provide weekly production status updates and implementation of job site safety measures and compliance with safety requirements. Responsible for ongoing communication with the Owner and associated Agencies. Assistance with project cost proposals and bids. Ongoing management of 100+ projects totaling $14M. Proiect Engineer- Responsible for assisting the project manager with planning, scheduling, conducting, and coordinating the technical management aspects of projects. Ensures operations follow design and specifications and that all construction operations are completed on schedule, within budget and to quality standards. Responsible for creating daily reports and extra work reports. Project engineer on various projects ranging up to $18.6M. City Council Page 4 of 13 - 73 7/20/2021 0 buntich General Superintendent Jim Kennelly 1500 West 91' Street Upland CA 91786 iimkt7abuntich.com Work 909-920-9977 Cell 951-285-2786 Education & Training: Employed Since - April 21, 2003 Damien High School La Verne 1985 Cal State Fullerton Associates Degree 1987 - State of California Tunnel Safety Representative Nongassy and Potentially Gassy - State of California Gas Tester Potentially Gassy and Nongassy - Respirator Fit Testing - OSHA 30 Hour Safety Training - Competent Person Trenching and Excavation - Competent Person Confined Space - Forklift Operator Training - CPR and First Aid - Competent Person Silica Training - Fall Protection Awareness - GHS - Fire Prevention Awareness - Flagging Safety - Hazard Communications - Lock Out Tag Out Qualifications/Relevant Experience: Mr. Kennelly is qualified by Seventeen (17) years of successful experience in the construction industry specializing in underground and Sewer Rehabilitation work. Mr. Kennelly is Buntich's general superintendent that is both hands on and paperwork oriented. Mr. Kennelly leads by example by mentoring his coworkers and demonstrating safe and productive ways to construct a project. Specialties include: Live Flow Pipeline Cleaning, Live Flow Sliplining, Live Flow Annular Space Grouting, Live Flow Containment, Confined Space Entry, Deep Shaft Shoring, Tunneling, Pipeline Excavation/Laying/Backfill, Asphalt Paving, and Structures. Clients served included City of Los Angles, Los Angeles County Sanitation District, Santa Ana Watershed Authority, Metropolitan Water District, East Bay Municipal Utility District, Orange County Water District, Los Angeles Department of Water and Power and Space X. He has worked on various projects ranging from $10K to $24M. City Council Page 5 of 3Z - 74 7/20/2021 O buntich Superintendent Jeff Sehi 1500 West 91" Street Upland CA 91786 ieff(a)buntich.com Work 909-920-9977 Cell 714-269-7660 Education & Training: Employed Since - May 21, 1992 Monte Vista High- Whittier, CA - Rio Hondo Community College, Whittier CA Union: Operators Local 12 - State of California Tunnel Safety Representative Nongassy and Potentially Gassy - State of California Gas Tester Potentially Gassy and Nongassy - Certified Crane Operator - OSHA 30 Hour Safety Training - Respiratory Protection - Competent Person Trenching and Excavation - Competent Person Confined Space - Forklift Operator Training - CPR and First Aid - Competent Person Silica Training - Fall Protection Awareness - Fire Prevention Awareness - Flagging Safety - Hazard Communications - Lock Out Tag Out - Operator Akerman Sliplining Machine - Operator SEAS Sliplining Machine - Set up and Operator Specialist for sewer cleaning winches and equipment Qualifications/Relevant Experience: Mr. Sehi is qualified by Twenty -Eight (28) years of successful experience in the construction industry specializing in underground and Sewer Rehabilitation work. Mr. Sehi is a general superintendent and a qualified operator of Rubber Tired Backhoes, Rubber Tired Loaders, Track Loaders, Track Excavators, Compaction Equipment, Cranes, Dump Trucks and a certified welder. Mr. Sehi leads by example by mentoring his coworkers and demonstrating safe and productive ways to construct a project. Specialties include: Live Flow Pipeline Cleaning, Live Flow Sliplining, Live Flow Annular Space Grouting, Live Flow Containment, Confined Space Entry, Deep Shaft Shoring, Tunneling, Pipeline Excavation/Laying/Back-fill, Asphalt Paving, and Structures. Clients served included City of Los Angles, Los Angeles County Sanitation District, Santa Ana Watershed Authority, Metropolitan Water District, East Bay Municipal Utility District, Orange County Water District, and the Los Angeles Department of Water and Power. He has worked on various projects ranging from $1 OK to $44M. City Council Page 6 of;$ - 75 7/20/2021 0 buntich Foreman Jesse Galvez 1500 West 91" Street Upland CA 91786 jgalvez6Dbuntich.com Work 909-920-9977 Cell 909-367-5595 Education & Training: Employed Since - March 26, 2003 John Burroughs High School, Glendale- 2001 Union: Laborers Local 300 - Respirator Fit Testing - Competent Person Trenching and Excavation - Competent Person Confined Space - Forklift Operator Training - CPR and First Aid - Competent Person Silica Training - Fall Protection Awareness - GHS - Fire Prevention Awareness Flagging Safety Hazard Communications Lock Out Tag Out Operator Akerman Sliplining Machine Operator SEAS Sliplining Machine - Set up and Operator Specialist for sewer cleaning winches and equipment - Set up and Operator for odor control equipment Qualifications/Relevant Experience: Mr. Galvez is qualified by Seventeen (17) years of successful experience in the construction industry specializing in underground and Sewer Rehabilitation work. Mr. Galvez is a working hands-on foreman. Mr. Galvez leads by example by mentoring his coworkers and demonstrating safe and productive ways to construct a project. Specialties include: Live Flow Pipeline Cleaning, Live Flow Sliplining, Live Flow Annular Space Grouting, Live Flow Containment, Confined Space Entry, Deep Shaft Shoring, Tunneling, Pipeline Excavation/Laying/Backfill, Asphalt Paving, and Structures. Clients served included City of Los Angles, Los Angeles County Sanitation District, Santa Ana Watershed Authority, Metropolitan Water District, East Bay Municipal Utility District, Orange County Water District, Los Angeles Department of Water and Power, He has worked on various projects ranging from $10K to $24M. City Council Page 7 of Ja - 76 7/20/2021 0 buntich d. Understanding of Scope and Services MBC has thoroughly reviewed RFP 21-036 Sewer System Repair Services. This project includes sewer system repair services on an as -needed basis, of which can be awarded to up to 3 firms. The City of Santa Ana services over 343,000 people, covers an area of over 27.2 miles, contains 400 miles of sanitary sewer, 9,000 manholes, 48,500 sewer laterals, and 2 sewer lift stations which will convey the sewage to the Orange County Sanitation District for Treatment. Our responsibilities once awarded the agreement will be to be available on an On Call basis ready to respond upon request. We will provide a 24-hour response time. The basis of which is to provide lump sum pricing for certain requested activities along with Time and Materials services, when directed. We will obtain and pay for a fire hydrant meter permit to fill our water tank or other equipment, to provide water for compaction, as well as water for dust control. Any of our intended subcontractors will be presented for approval prior to utilization through the City of Santa Ana. MBC specializes in dealing with sewer systems that are in densely populated urban areas that are either in current usage, bypassed, or diverted. We own operate and maintain bypassing pumps, plugs, and Flow through diversion plugs so that we can successfully perform these repairs without sewer leaks or spills. We are staged and ready to perform any sewer line replacement, installation, or rehabilitation set forth in this project. We will self -perform the following scopes of work: Traffic Control, Demolition, Excavation, Shoring, Subgrade Preparation, Pipeline Repair/Rehabilitation/Installation, Encasements, Brick Maintenance Hole Repair, Backfill, Base Paving, CCTV Inspections, Scheduling, Safety, Management, and Quality Control. A small list of repairs was identified in the RFP however MBC is staged and ready to perform other scopes in addition to what is listed, if required. Focusing on the items identified in the RFP we will be called upon to repair/replace 6", 8", 10", and 12" sewer mains varying in depths from less than 8' deep and less than 12' deep. In addition to the stated depths, gravity sewer mains quite often go deeper than 12' and when that situation presents, we possess in-house equipment to safely shore these excavations. We will complete these repairs with our own forces. The equipment required for these repairs is currently in stock in our 8-acre warehouse which is located just 25 miles north of the city. Therefore, we are able to respond to any repair at any time. Some repairs may require upsizing and rechanneling of flow, We will self -perform the remodeling of any sewer manhole bases. When the need arises for installing new manholes we will perform the excavation and preparation for the new manhole. If the manhole is a cast in place manhole we will commission the services of one of our trusted subcontractors that we have worked hand in hand with over the past 4 decades to perform the cast- in -place section. MBC will then stack the manhole shafting and set the cover to grade. On existing manholes that require an adjustment to grade, or the existing collar needs to be replacement we will also self - perform this scope of work. When lateral services are in need of repair, MBC will provide all of the access, flow diversion, demolition, clean out installations, and backfill to perform the lining or pipe bursting. We will subcontract the lining, top hat repairs, and pipe bursting to qualified subcontractors with whom we have worked with in the past. We understand that the mark ups are identified as 20% on Labor, 15% on Material, 15% on Equipment Rental, 15% on Other Items and Expenditures and 1 % will be added for bonding. After MBC receives a notification of a requested repair, our project manager will immediately visit the site, inspect the area for what the repair methods will be, document the existing conditions, and create a project file for the repair. If requested by the City of Santa Ana, we will immediately provide a lump sum proposal for the work. If City Council Page 8 of 12 — 77 7/20/2021 0 buntich the emergency does not warrant a lump sum proposal or the scope of work cannot be ascertained, we will then proceed under the City's direction on a Time and Material basis using the agreed upon rates. We will then notify the local residents and business of our start of work with an estimated completion. Access to local driveways and businesses will be our top priority and maintained to the best of our ability. Traffic control or plating over excavations to maintain safe access and keep community relations strong. At the end of each day a time and materials ticket will be completed and sent into the City for approval. In addition to this ticket a detailed work plan will be provided for each following day so that the city is aware of the progress of the work. This process will continue until each project has been completed. At the completion of the work each project area will be restored at a minimum to pre -working conditions or better, if requested by the City. e. Relevant Project Experience Mladen Buntich Construction Co., Inc. possess a Class A license and has an extensive history of working on emergency construction repair projects. MBC has been a qualified Contactor selected for the City of Los Angeles' emergency on -call lists since 2007. Whereas the failure of sewers and/or storm drains can jeopardize public health and safety; and whereas, certain emergency repair work beyond the capability of the City's maintenance forces, the City Board has authorized MBC to perform expeditious emergency repairs. Under this contract, MBC has been selected to perform work on over 200 sewer and/or storm drain repair projects ranging from $1,000 to $4M. Damaged utilities have been successfully repaired by open cut, sliplining, and CIPP lining methods. MBC has a proven track record of responding to such emergencies in an urgent manner while making the necessary repairs to ensure public health and safety. As such, MBC has been a qualified emergency contractor with the City of Los Angeles for the past five (5) year contracts: 2007-2012, 2012-2017. and currently 2017-2022. — See sampling of completed projects below. Project Contract Name of Owner Type of Work Date Amount Oltmans Construction- General Contractor 10005 Mission Mill Road Whittier, CA 90601 Attn: Colin Cummins 714-552-2426 Goodman Commerce Center Los Angeles City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 Los Angeles, CA 90015-2213 Attn: Richard Reyes - Abraham 213-485-5728 ESR - Venice Blvd. (11000 W. Block) City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 Los Angeles, CA 90015-2213 Attn: Armen Dermenjian 213-485-1682 ESR - Wetherly Dr. (1300 N. Block) 662 LF 8" SDR 35 Sewer Pipeline 02/21- $101K Open Cut 03/21 10 LF 8" VCP/8"x6mm CIPP l20 - Sewer Pipeline 1212/21 $28K Open Cut CIPP Lining 252 LF 8" VCP Sewer Pipeline 12/20 - $56K Hydrojetting/Open Cut 01/21 City Council Page 9 of AS — 78 7/20/2021 0 buntich City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 30 LF Los Angeles, CA 90015-2213 8" VCP Attn: Armen Dermenjian 213-485-1682 Sewer Pipeline 10/20 $93K ESR - Coldwater Canyon (1000 Block) Open Cut City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 52 LF Los Angeles, CA 90015-2213 8" VCP Attn: John Crossen 213-847-1911 Sewer Pipeline 09/20 $84K ESR - Spaulding Avenue (2600 S. Block) Open Cut City of L.A., Depart. of Public Works 1149 S. Broadway, Suite 700 344 LF Los Angeles, CA 90015-2213 8" VCP / 8"x6mm CIPP Attn: John Crossen 213-847-1911 Sewer Pipeline 05/20 - $79K ESR - Landfair Avenue RW (400 S. Block) Open Cut / CIPP Lining 04/21 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 558 LF Los Angeles, CA 90015-2213 42" Semi -Elliptical Attn: Hector Hernandez 310-974-0694 Sewer Pipeline 04/20 - $3M ESR - NOS UNIT 17 Open Cut / Sliplining 10/20 City of L.A., Dept. of Public Worksl149 S Broadway, Suite 700 30 LF Los Angeles, CA 90015-2213 8" VCP Attn: Jorge De La Torriente 213-485-5836 Sewer Pipeline 11/19 - $125K ESR - La Cienega Blvd. Open Cut 12/19 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 103 LF Los Angeles, CA 90015-2213 8" VCP / 8" HDPE 08119, Attn: Armen Dermenjian 213-485-1682 Sewer Pipeline 12/19, $154K ESR - Stargazer Avenue (2200 Block) Open Cut / Pipe Bursting 01/20 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 312 LF Los Angeles, CA 90015-2213 8" VCP / 8" HDPE 04/19 - Attn: Jorge De La T(rriente 213)485-5836 Sewer Pipeline 07/19 $232K ESR- Altavan Ave. 7900 Block Open Cut / Pipe Bursting City Council Page 10 of=— 79 7/20/2021 O buntich City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 1,741 LF Los Angeles, CA 90015-2213 48" Semi -Elliptical Attn: Hector Hernandez 310-974-0694 Sewer Pipeline 03/19- $4.2M ESR - NOS UNIT 28 Phase I Open Cut / Sliplining 02/20 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 97 LF Los Angeles, CA 90015-2213 8" VCP / 8"x6mm CIPP 03/19 Attn: Jorge De La Torriente 213-485-5836 Sewer Pipeline 04/19, $97K ESR - Burwood Ave. RW (6000 E. Block) Open Cut / CIPP Lining 06/19 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 75 LF Los Angeles, CA 90015-2213 15", 33", and 36" RCP Attn: Eduardo Hernandez 213-485-1637 Storm Drain 01/19, $175K ESDR - 11677 San Vicente Blvd. Open Cut / CIPP Lining 03/19 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 13 LF Los Angeles, CA 90015-2213 8" VCP / New 48" Attn: Belal Tamimi 213-847-0296 Precast MH 01/19 - $101 K ESR - Berry Dr. (3200 Block) Sewer Pipeline/Open Cut 02/19 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 167 LF Los Angeles, CA 90015-2213 8" VCP / 8"x6mm CIPP 01119, Attn: Renz Soriano 213-485-1625 Sewer Pipeline 03/19, $101 K ESR - Landa St. (1600 N. Block) Open Cut / CIPP Lining 06119 City of L.A., Dept. of Public Worksl 149 S Broadway, Suite 700 50 LF Los Angeles, CA 90015-2213 8" VCP / 8" HDPE Attn: Elvin Yeck 213-847-0299 Sewer Pipeline 09/18 - $234K ESR - 4th St. RW (2500 W. Block) Open Cut / Pipe Bursting 11/18 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 22 LF Los Angeles, CA 90015-2213 15" VCP Attn: Belal Tamimi 213-847-0296 Sewer Pipeline 06/18 $72K ESR - Chandler Blvd. Open Cut City Council Page 11 of13 — 80 7/20/2021 0 buntich City of L.A., Dept. of Public Works 24 LF / New 48" Precast 1149 S. Broadway, Suite 700 MH Los Angeles, CA 90015-2213 8" VCP Attn: Belal Tamimi 213-847-0296 Sewer Pipeline 03/18 - $55K ESR - Rial Lane (1800 N. Block) Open Cut 04/18 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 340 LF Los Angeles, CA 90015-2213 15" VCP Attn: Jorge De La Torriente 213-485-5836 Sewer Pipeline 09/17 - $546K ESR - Fairfax Avenue (600 Block) Open Cut 11/17 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 173 LF Los Angeles, CA 90015-2213 loll VCP Attn: Jorge De La Torriente 213-485-5836 Sewer Pipeline 07/17 - $464K ESR - Wilcox Avenue (1900 Block) Open Cut 08/17 City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 330 LF Los Angeles, CA 90015-2213 8" VCP / 8" HDPE Attn: Jorge De La Torriente 213-485-5836 Sewer Pipeline 05/17 $155K ESR - Golden Gate R/W (3500 Larissa Block) Open Cut / Pipe Bursting City of L.A., Dept. of Public Works 1149 S. Broadway, Suite 700 348 LF Los Angeles, CA 90015-2213 8" VCP / 8"x4.5mm CIPP Attn: Belal Tamimi 213-847-0296 Sewer Pipeline 09/16 - $103K ESR - Silverlake Avenue R/W (2500 Block) Open Cut / CIPP Lining 10/16 City of Glendale, Dept. of Public Works 633 East Broadway, Room 205 4,300 LF Glendale, CA 91206 36" and 48" Hobas, 36" Attn: Armen Avazian 818-937-8246 VCP 08/16 - Chevy Chase Sewer Diversion and Recycled Sewer Pipeline 04/18 $18.6M Water Pipeline Project, Spec 3445 Open Cut / Trenchless f. References Requested forms attached — All other reference contacts also included above. City Council Page 12 of U— 81 7/20/2021 Appendix ATTACHMENT 3: REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: East Bay Municipal Utility District Contact Individual: Kinasley Kuana Address: 2020 Wake Ave.. MS59 Phone Number: 510-287-1393 Oakland, CA 94607 Facsimile Number: Contract Amount: $15.791.271 Year: 2019-2020 Description of supplies, equipment, or services provided: South Interceptor 3rd Street Phase 2, Sewer Rehab. Reference Customer Name: City of Los Angeles Contact Individual: stenhen Chan Address: 600 S. Sprino Street Phone Number: _ 213-485-1626 Los Angeles, CA 90014 Facsimile Number: Contract Amount: _ $9,346,392 Year: 2020 Description of supplies, equipment, or services provided: North Interceptor Sewer (NOSH Rehabilitation and Upgrade of Interceptor Sewer Line Reference Customer Name: LA county Public works Contact Individual: _Regina ouan Address: 900 S. Fremont Ave., 5th Floor Phone Number: 626-701-4014 Alhambra, CA 91802 Facsimile Number: Contract Amount: $26,359,716 Year: 2020-2021 Description of supplies, equipment, or services provided: East Los Anaeles Sustainable Median Stormwater Caoture Prolect THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council uny oT oama Hna - fft- g-lusa 7/20/2021 Sewer System Repair Services Page 21 of 35 Appendix ATTACHMENT 3: REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: GLC Colorado, LLC Contact Individual: Colin Cummins Address: 18201 Von Karman Ave., Ste. 1170 Phone Number: 714-552-2426 Irvine, CA 92612 Facsimile Number: Contract Amount: $101,000 Year: 2021 Description of supplies, equipment, or services provided: Goodman Commerce Center, Los Angeles Reference Customer Name: City of Los Angeles Public Works Contact Individual: Armen, nermenl�ar, Address: 1149 s Broadway sta Inn Phone Number: 213-485-1682 Los Angeles. CA 90015 Facsimile Number: Contract Amount: $56,000 Year: 2020 Description of supplies, equipment, or services provided: Emergency Services - Wethedy Dr., Coldwater Canyon, various projects. Reference Customer Name: City of Los Angeles Public Works Contact Individual: Jorge De La Toniente Address: 1149 S. Broadway Ste. 700 Phone Number: 213-485-5836 Los Angeles, CA 90015 Facsimile Number: Contract Amount: $125,000 Year: 2019 Description of supplies, equipment, or services provided: Emergency Services - La Cienega Blvd. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council City of Santa Ana - ffgP-28�f]136 7/20/2021 Sewer System Repair Services Page 21 of 35 EXHIBIT B (Fee Schedule) City Council 13 — 84 7/20/2021 Appendix REVISED ATTACHMENT 2: FEE SCHEDULE Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is Subject to orevailinq wages. TO: CITY COUNCIL OF THE CITY OF SANTA/ANA v1 FROM: /r�ladetl banlicb 1.�1YlS�Y'aehiln Cd1i1aanV _LlIG- Item # Bid Item Unit Quantity Unit Price Amount 1. Repair/Replace 6" or 8" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan 1200(As- LF 500 $1250 $ L335)COO Needed) 2. Repair/Replace 6" or 8" Sewer Main between 8'-12', minimum 6 feet; Deep per Standard Plan 1200 LF 250 $ lqZL -7S (As -Needed) 3. Repair/Replace 10" or 12" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan LF 100 $ I41SO $ 19 5—ICY O 1200 (As -Needed) 4. Repair/Replace 10" or 12" Sewer Main Between 8'-12'Deep; minimum Ia�S jq-Z, SO[) 6 feet; per Standard Plan 1200 LF 100 $ $ (As -Needed) City Council 13 — 85 7/20/2021 RFP 21-036 Addendum One May 17, 2021 5. Remodel Manhole Base EA 10 $ 13, 00 o $ k 30 , 00p (As -Needed) 6. Construct New Manhole Not More Than 8' Deep per Standard Plan 1201 (As -Needed) EA 50 $ 51,ocx $a,cco�,o�o 7. Construct New Manhole Between 8'-12' Deep per Standard Plan 1201 (As -Needed) EA 10 $ lno, oou $ 4,00, 00o 8. Raise Existing Manhole Frame and Cover, and replace collar to Grade per Standard Plan 1201 EA 30 $ 5,0uu $ RG 000 (As -Needed) 9. Replace Manhole Cover Concrete Collar per Standard Plan 1201 (As -Needed) EA 30 $ 00 $ Zy'Oou 10. Furnish and Install Traffic Loop EA 5 $ a,000 $ lo, 000 11. Provide Sewer Lateral Lining with EA 60 $ 14, Oc,C) $ 94n,eoo Cleanout, 4" and 6" Sewer Lateral Pipe (As -Needed) 12. Provide Top Hat Repairs, 4" and 6" EA 40 $ t,,ccL $ ayu l.un Sewer Lateral Pipe (As -Needed) 13. Provide Pipe Bursting Repair with Cleanout, 4" and 6" Sewer Lateral Pipe per Standard Plan 1204A (As- EA 25 $ 3l, C DO $ 9 -0 5, 00p Needed) 14. Provide Open Trench Repair/Replacement with Cleanout, 4" and 6" Sewer Lateral Pipe per EA 25 $a5,ob6 $ to-,5.C)Op Standard Plan 1204 (As -Needed) City Council 13 — 86 7/20/2021 RFP 21-036 Addendum One May 17, 2021 Mladen Buntich Construction Company, Inc. 36741-0001-8 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO. 1500 V�j!9thptreet Upland, CA 91786 BUSINESS ADDRESS STR°mow CITY/STATE ZIP CODE Jr., President buntich.com (909) 920-9977 532604 1000001912 CSLB NUMBER DIR REGISTRATION NUMBER City Council 13 — 87 7/20/2021 RFP 21-036 Addendum One May 17, 2021 mladen buntich construction co. inc. GENERAL ENGINEERING 7 O N T R A C T O R Mladen Buntich Construction Company Inc is signatory to the Union Laborers and Union Operators. Union wages are the basis for prevailing wage. Therefore our wage rates meet or exceed the prevailing wage costs. Rates include base rate, vacation, Health and Welfare, Pension, Apprentice/Training Contributions, Insurance, FICA, Medicare, FU/SU, and Liability Insurance Labor Rates 2021-2022 labor Trade Rate Overtime Rate SOURCE Laborer Group 1 $ 71.22 $ 90.99 Local 300 Laborer Group 4 $ 74.23 $ 95.43 Local 300 Labroer Foreman $ 81.44 $ 106.10 Loral 300 Operator Group 8 $ 93.29 $ 121.07 Local 12 Operator Group 10(Crane) $ 96.08 $ 125.19 local 12 Operator Foreman $ 97.21 $ 126.87 Local 12 Engineer I $ 160.00 City Council 13 — 88 7/20/2021 mloden buntich construction co. inc. GE NE F-AL E NGINf_E RING CON FRAC O The below list of equipment represents the common equipment pieces that Mladen Buntich Construction Company Inc owns and operates. The source column represents where the rate amount was derived from. CAL TRANS EQUIPMENT RATES 31Y_liI kly** HAULING EQUIP. A 'S EQUIPMENT RATE SOURCE F150 112 TON PICKUP $ 25.14 CALTRANS F250 3/4 TON PICKUP $ 25.14 CALTRANS F350 & F450 1 TON PICKUP (DIESEL) $ 28.46 CALTRANS SERVICE BED 1 TON SERVICE TRUCK $ 28.46 CALTRANS SERVICE BED 1 1/2 TON SERVICE TRUCK $ 28.46 CALTRANS FLAT BED TRUCK (15,000 LE S.) $ 36.92 CALTRANS 5-35 FREIGHTLINER FLATBED TRUCK (22,000 LEIS) $ 39.12 CALTRANS 36-31 & 36-26 500 GAL WATER TANKS ON TRAILER $ 2.80 CAL(MISC) 2000 GAL. WATER TRUCK $ 39.12 CALTRANS 4000 GAL WATER TRUCK $ 59.78 CALTRANS 8-19, 8-20, 8-21 6 YD BOBTAIL DUMP $ 50.64 CALTRANS 23-11 KW T800 HH - SEMI TRACTOR $ 73.97 CALTRANS 36-30 MURREY LOWBED (EQUIPMENT TRAILER) $ 32.93 CALTRANS 36-23 TRAIL KING TRAILER (EQUIPMENT TRAILER) $ 1529 CALTRANS 36-11 JCOZAD LOW BED (EQ TRAILER) 1 $ 32.93 ICALTRANS 38-10 IRELIANCE END DUMP 1 $ 73.97 ICALTRANS EXCAVATORS EQUIPMENT RATE SOURCE 62-33 CAT 320BL-HYDRAULIC $ 80.38 CALTRANS 55-18 JOHN DEERE 21OLE $ 38.96 CALTRANS 55-24 JOHN DEERE 210K $ 54.25 CAL(MISC) 55-25 BOBCAT MT55 WALK BEHIND LOADER $ 25.35 CALTRANS 61-30 JOHN DEERE 410J $ 60.16 CALTRANS 61.25 & 61-27 & 61-29 JOHN DEERE 71 OG 4X4 $ 7429 CALTRANS 61-28 JOHN DEERE 31OG $ 41.45 CALTRANS 61-31 JOHN DEERE 710J $ 83.81 CAL(MISC. 62-39 KOMATSU PC78UU-6 $ 34.43 CAL(MISC.) 62-39 KOMATSU PC35-MR2 $ 26.27 CAL(MISC.) 62-35 KOMATSU PC300-LC-7 Hydraulic $ 162.07 CALTRANS 62-36 KOMATSU PC308US LC-3 $ 132.14 CAL(MISC.) 62-34 KOMATSU PC40OLC-6 $ 195.29 CALTRANS 62-32 KOMATSU-PC60OLC-6-Hydraulic $ 271.76 CALTRANS 62-40 JKOMATSU PC20MR-2 $ 19.42 CAL (MISC 62-41 ICAT 336D LONG REACH $ 176.58 CALTRANS 62-43 & 62-44 IKOMATSU PC-36OLC $ 149.21 CAL(MISC) City Council 13 - 89 7/20/2021 LOADERS/ DRILLING EQUIPMENT RATE SOURCE 55-13 BOBCAT 863F SKID STEER $ 36.30 CALTRANS 55-19 BOBCAT S250 SKID STEER $ 27.42 CALTRANS 55-20 BOBCAT S200 SKID STEER $ 27.42 CALTRANS 55-22 CAT 248 SKID STEER $ 34.04 CALTRANS 55-23 CAT 236B SKID LOADER $ 34.04 CALTRANS 56-26 CAT 950H $ 129.07 CALTRANS 56.28 CAT 950K (NEW UNIT) $ 155.28 CAL TRANS MISC 56.24 CAT IT28G $ 77.56 CALTRANS 56-27 CAT IT38G $ 89.33 CALTRANS 56-25 CAT 92BG $ 81.45 CALTRANS 58-16 CAT D5N-XL $ 77.82 CAL(MISC. 24-14 KOMATSU PC240 LCt 1 $ 124.94 CAL(MISC) 24-12 SPIRADRILL MDL 90 $ 171.59 CALTRANS 24-11 CAT 225BLC LO-DRILL $ 181.79 CALTRANS GRAM14GI PAVING EQU9111113IT RATE SOURCE 60-11 MITSUBISHI MG400A $ 76.10 CALTRANS 25-01 2000 VACMASTERS SPV 800 DT4AN $ 35.04 CAL(MISC. 51-21 DYNAPAC CC142 ROLLER $ 36.80 CALTRANS 51-22 INGERSOLL RAND DD24 ROLLER $ 36.80 CALTRANS 52-16 INGERSOLL RAND SD45FB COMPACTOR $ 53.65 CAL(MISC.) 51-20 KOEHRING BOMAG BW141AD2 ROLLER $ 4728 CALTRANS 52-17 WACKER RD880V (width - 36" gas) SMOOTH ROLLER $ 12.40 CAL(MISC. 59-13 ASPHALT ZIPPER AZ500 GRINDER $ 88.01 CAL(MISC.) 80-13-80-16 LEEBOY L150 EMULSION SPRAYER $ 6.83 CALTRANS 50-12, 50-13, 50-17 SWEEPER $ 41.94 CALTRANS RAMMER COMPACTOR $ 3.78 CALTRANS VIBRATORY PLATE COMPACTOR $ 3.78 CALTRANS AIR COMPRESSOR 20CFM $ 4.46 CALTRANS AIR COMPRESSOR (DIESEL) $ 18.17 CALTRANS 20LB PUEMATIC CHIPPING HAMMER $ 0.88 CALTRANS 35LB D-HANDLE BREAKER $ 1.03 CALTRANS 55 LB. PNEUMATIC D-HANDLE CLAY DIGGER $ 1.12 CALTRANS 55 LB. PNEUMATIC JUMBO RIVET BUSTER $ 1.12 CALTRANS 90 LB, PNEUMATIC JACK HAMMER $ 1.68 CALTRANS 50 LB, POWDER PUFF BACKFILL TAMPER $ 1.12 CALTRANS COMPACTION WHEEL 48" $ 1.95 CAL(MISC.) COMPACTION WHEEL 72" $ 1.95 CAL(MISC.) 1.111111ing EQUWIMW RATE SOURCE 63-13 GROVE RT58B 15 TON WHEEL CRANE $ 56.95 CALTRANS 63-18 GROVE RT58C 18 TON WHEEL CRANE $ 56.95 CALTRANS 63-20 GROVE RT 745 WHEEL CRANE $ 126.86 CALTRANS 63-21 GROVE RT 528C 28 TON WHEEL CRANE $ 85.14 CALTRANS 63-19 FMC 18 TON -LINK BELT HSP-8018 WHEEL CRANE $ 63.50 CALTRANS 63-26 TEREX CD225 -25 TON CRANE, SELF PROPELLED $ 78.36 CAL(MISC.) 63-24 TEREX RT 78080 TON WHEEL CRANE $ 205.17 CAL(MISC.) 63-25 GROVE 880 80 TON CRANE $ 205.17 CAL (MISC) 4 TON FORKLIFT $ 42.05 CALTRANS 65-12 10 TON FORKLIFT (HYSTER H2O0E) $ 71.98 ICALTRANS 65-20, 65-25 12 TON FORKLIFT $ 71.59 CALTRANS 15 TON FORKLIFT $ 78.78 CALTRANS 18 TON FORKLIFT $ 101.01 CALTRANS 25 TON FORKLIFT $ 122.11 CALTRANS City Council 13 - 90 7/20/2021 Miscellanous EOWPMENT RATE SOURCE 83-12 PIONEER PUMP $ 25.73 CALTRANS INDUSTRIAL SCIENTIFIC ITX GAS DETECTOR $ 1.00 CAL(MISC.) TRIPOD RECOVERY STATION $ 0.46 CAL(MISC.) TOP CON RLSV25 $ 4.59 CAL(MISC.) GEOTOP CON INSTRUMENTAL LEVEL $ 2.52 CAL(MISC.) SPECTRA PRECISION OPTICAL LEVEL AL124/TRIPOD/ROD $ 2.52 CAL(MISC.) TRIMBLE LEVEL GUN AL232 $ 2.52 CAL(MISC.) B1.14 WORK LIGHT TOWER $ 6.63 CAL(MISC.) CUT OFF SAW (14") $ 3.06 CALTRANS CUT OFF SAW(16') $ 3.06 CALTRANS CONCRETE SAW $ 3.06 CALTRANS EXTENTION LADDER (OVER 40') $ 0.30 CAL(MISC) POWER WASHER (2600 PSI) $ 9.96 CAL (MISC) 88-13 & 86-14 DIESEL BLOWER (25000 CFM) $ 22.56 CAL (MISC) ELECTRIC BLOWER (1500 CFM) $ 0.90 CAL (MISC) MOWER $ 1.70 CAL(MISC) FLOW METER (hourly) $ 2.31 1 CAL(MISC.) SUBMERSIBLE PUMP (110 V) $ 3.30 ICALTRANS SUBMERSIBLE PUMP 3" $ 5.01 ICALTRANS WATER PUMP 4" DETROIT DIESEL $ 6.05 CALTRANS SUBMERSIBLE PUMP (480 V) $ 21.50 CALTRANS WATER TOWER (10,000 GAL.) $ 4.50 CAL(MISC. 86-26 EX-TEC 4400 SCREEN $ 52.88 CAL(MISC.) WINCH - 25 TON $ 8.61 CAL(MISC.) WINCH -47 TON $ 8.61 CAL(MISC.) 86-14, 86-15 I/R AIR WINCH 22,000LB $ 8.61 CAL(MISC.) MUCK HOPPER - 1 CY $ B.61 CALTRANS GBIT HYDRAULIC HAMER ATTACHMENT $ 30.89 CAL(MISC.) 86-17 SOOSAN SB80 BREAKER $ 30.89 CAL(MISC.) 86-21 SOOSAN SEW BREAKER $ 21.03 CAL(MISC.) 86-24 SOOSAN SB120 BREAKER $ 47.66 CAL(MISC.) 86-12 MKT V-5B EXTRACTOR $ 62.04 CAL(MISC.) 86-27 ICE 22-30 EXTRACTOR $ 216.63 CALTRANS 24" ROCK AUGER $ 1.71 CAL (MISC) 24" CORE BARREL AUGER $ 1.30 CAL (MISC) BEDDING BOX $ 1.15 CAL(MISC) TEMP. POWER CORD $ 0.47 1 CAL (MISC) TEMP. POWER BOX $ 0.29 CAL (MISC) MULTIQUIP FULL SACK GAS MIXER $ 3.83 CALTRANS MBC CCTV VAN FENCE PANEL 6' x 16' $ 94.18 $ 1.26 MEIC MISC(6x16) FENCE PANEL 12' 6"X7' $ 0.50 HOME(12-6X7) STORAGE CONTAINER 8' x20' $ 0.61 TRAIV-BOX(20FT) KLEIN 18,500 GALLON WATER TOWER $ 4.50 TANKM WATER 10000 DESILTING TANK (daily) $ 6.52 1000DT GAL DIKE TANK City Council 13 - 91 7/20/2021 Generators EWRP►ffM RATE SOURCE DEWALT DG2900 2.9KW GEN. $ 1.75 CALTRANS 6KW GENERATOR $ 3.63 CALTRANS 20KW GENERATOR $ 8.16 CALTRANS BOBCAT250NT WELDER/GENERATOR $ 8.15 CALTRANS 25KW GENERATOR $ 13.00 CALTRANS 40KW GENERATOR $ 13.00 CALTRANS 6OKW-70KW GENERATOR $ 23.10 CALTRANS 275KW GENERATOR $ T. CALTRANS PORTABLE WELDER $ 5.14 CALTRANS OXY/ACE CUTTING TORCH $ 0.29 ICALTRANS Traffic Control EQUIPMENT RATE SOURCE MESSAGE BOARD CMS $ 3.18 CALTRANS SOLAR BOARD $ 10.40 CALTRANS K-RAIL (20' STICK) $ 0.48 CALTRANS DELINEATORS / CONES, EA (PER 100) $ 26.36 CALTRANS CRASH CUSHION, Filled, FA $ 1.21 CALTRANS BARRICADES WITH FLASHER $ 0.51 CALTRANS BARRICADES WITHOUT FLASHER $ 0.26 CALTRANS FLAG STAND / SIGN $ 2.97 CALTRANS Shoring EQUIPMENT SOURCE 12' SHIELD $ 11.38 SSFW(0515) 16'SHIELD $ 16.62 SSFW(0570) 20' SHIELD $ 21.00 SSFW(MISC) 24' SHIELD $ 23.12 SSFW(0580) 32' SHIELD $ 129.55 U.R Quote Dated 2-13-12 ALUMINUM SHORES 22"-36"-5' $ 1.00 Per LA City ALUMINUM SHORES 34"55"- 7' $ 5.05 U.R Quote Dated 2-13-12 ALUMINUM SHORES 52"-88" - 7' $ 1.19 1 Per LA City ALUMINUM SHORES 94"-130" - 1.5' $ 6.55 JU.R Quote Dated 2-13-12 STEEL PLATE 8' x 10' $ 1.14 MISC(0220 STEEL PLATE 8' x 15' $ 1.70 MISC(0220 STELL PLATE 8' x 20' $ 2.27 MISC(0220) ROAD PLATE NON SKID 8' x 10' $ 1.14 MISC(0220) ROAD PLATE NON SKID 8' x 15' $ 1.70 MISC(0220) BEAMS $ 0.04 SSFW(0670) All Caltrans (misc.) were found at the DDT's website: htti3://www.dot.ca,aovlha/construc/miscecim/indgLhLm City Council 13 - 92 7/20/2021 AGREEMENT TO PROVIDE ON -CALL SEWER SYSTEM REPAIR SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between Mike Prlich and Sons, Inc., a California corporation ("Contractor"), 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 April 28, 2021, the City issued Request for Proposal No. 21-036, by which it sought qualified contractors to provide on -call sewer system repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 21-036. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-036, and as more specifically delineated in Contractor'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 Contractor under this Agreement. Contactor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of five (5) contractors selected to provide services on an as - needed basis under RFP No. 21-036. The total compensation for services provided by all contactors selected under RFP No. 21-036 shall not exceed the shared aggregate amount of four million dollars and zero cents ($4,000,000) during the term of this 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. City Council 13 — 93 7/20/2021 Page 1 of 8 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 19, 2024. unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1), two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all City Council 13 — 94 7/20/2021 Page 2 of 8 Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. If Contractor 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 $2,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. City Council 13 — 95 7/20/2021 Page 3 of 8 (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 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor or its subcontractors, 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 Contractor 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 Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, for infringement of any United States' letters patent, trademark, or copyright contained in the work City Council 13 — 96 7/20/2021 Page 4 of 8 product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 parry 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: City Council 13 — 97 7/20/2021 Page 5 of 8 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 Contractor: Mike Prlich and Sons, Inc. 5103 Elton Street Baldwin Park, CA 91706 Attn: Michael A. Prlich, President 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 Contractor 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 Contractor. 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 Contractor or the City. Each party to this Agreement aclrnowledges 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 AND DELEGATION Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 City Council 13 — 98 7/20/2021 Page 6 of 8 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 contractors 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the Ciry's use thereof for such purposes as the City deems appropriate. 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 Contractor shall not discriminate because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination, discharge, or to bar, or other employment related activities or in connection with any activities under this Agreement. Contractor 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. City Council 13 — 99 7/20/2021 Page 7 of 8 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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 patties 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: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: ��- Brandon Salvatierra Deputy City Attorney FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager MIKE PRLICH AND SONS, INC.: uj 9L Name: Title: ��r Page 8 of 8 City Council 13 – 100 7/20/2021 EXHIBIT A (Scope/Contractor's Proposal) City Council 13 — 101 7/20/2021 REQUEST FOR PROPOSALS SEWER SYSTEM REPAIR SERVICES RFP NO. 21-036 SUBMITTAL DATE: May 19, 2021 Mike Prlich and Sons, Inc. 5103 Elton Street Baldwin Park, CA 91706 Tel: (626) 813-1700 Fax: (626) 813-1770 City Council 13 &ndasl); 102 7/20/2021 Table of Contents SectionA: Cover Letter.......................................................................................................................__ Section B: Agreement Statement..................................................................................................................4 Section C: Firm and Team Experience...........................................................................................................5 KEYPERSONNEL........................................................................................................................................5 SUPERINTENDENTS...................................................................................................................................6 EMERGENCY RESPONSE SUPERINTENDENT..............................................................................................7 FOREMAN..................................................................................................................................................7 Section D: Understanding Scope of Services.................................................................................................7 Section E: Relevant Project Experience.........................................................................................................9 SectionF: References..................................................................................................................................12 City Council 13 &ndasL; 103 7/20/2021 Section A: Cover Letter May 19, 2021 City of Santa Ana Public Works Agency 215 S. Center Street, Building A Santa Ana, CA 92703 Attn: Kathia Reyes Re: Sewer System Repair Services Dear Sirs/Madam: Mike Prlich and Sons, Inc. (MPS) understands the scope of work for the above referenced project. Briefly, the work includes providing men, material, equipment, and expertise at a moment's notice to complete any emergency sewer system repair within the City of Santa Ana. Mike Prlich and Sons, Inc. understands the completion of the specific emergency may require 24 hour manning and management of the operation. Likewise, prevailing wage, safety, proper documentation, and City/Contractor coordination is a requirement. The following persons have authority to act and make decisions on behalf of Mike Prlich and Sons, Inc.: Michael A. Prlich Milda Gandasetiawan Lance Laven 213 200-6246 (626) 813-1700 626 826-9186 map(@mikeprli handsons.com milda(&mikeprlichandsons.com lance mike rlichandsons.com Milenko Eras Kevin Dowe 213 305-0419 626 833-9034 NA Kevind mike rlichandsons.com John Milosevich 213 761-0504 NA Rene Maldonado 626 213-8899 NA Additionally, MPS acknowledges the receipt of the following informational updates and addenda: Addendum No. 1 Sincerely, Michael A. Prlich President City Council 13 – 104 7/20/2021 Section B: Agreement Statement Mike Prlich and Sons, Inc. concurs with the Standard Agreement (Attachment 4), City Council 13 &ndasl); 105 7/20/2021 Seclinn C: f irrri and Tearn Experience Mike Prlich and Sons, Inc. is a general contractor that works in engineering construction and infrastructure improvements, and specializes in underground utilities including sewer, storm drain, and trenchless pipeline installation throughout Southern California. We have completed over 500 public works projects of varying size and scope since 1954. We have worked primarily in the public works sector. A few of our main clients are as follows: City of Los Angeles, Los Angeles County Sanitation District, San Bernardino Municipal Water Department, Orange County Sanitation District, City of Anaheim, South Coast Water District, City of Redondo Beach, City of Santa Monica, and Los Angeles County Department of Public Works. Mike Prlich and Sons, Inc. is a California corporation. We have accounts with and are in good standing with all major industry material suppliers and specialized subcontractors. Mike Prlich and Sons, Inc. has the availability, capability and experience to handle emergencies as demonstrated by over 300 service calls to various agencies within Southern California in the last 22 years. For your reference we have enclosed a list of our most recently completed projects (see attached). In addition, major public agencies and cities have repeatedly put their faith in Mike Prlich and Sons, Inc. as a sign of our quality and ability to complete work. Mike Prlich & Sons, Inc. is currently installing PVC, RCP and VCP utility lines throughout Southern California. To date, Mike Prlich & Sons, Inc. has installed over 3,000,000 linear feet of utility lines throughout California. We have installed and repaired pipes ranging in diameter from 2-inch to 144-inch. We have completed projects over 80 feet deep and in high ground water tables of minus 20. Mike Prlich & Sons, Inc. has a 3 Million Dollars Line of Credit to tackle almost any size of emergency contract. We have bonding capabilities of over 50 Million Dollars. The following is a list of key project personnel employed Mike Prlich & Sons, Inc.: KEY PERSONNEL Michael Prlich — President I Owner of Mike Prlich and Sons, Inc. (Est. 1998) From 1985 to 1998, worked for Mike Prlich & Sons Partnership. Mr. Prlich holds a Bachelor of Arts degree in Economics ('89) University of California at Berkeley. Gregg Alfvegren — Dispatcher I Procurement I Office Administration City Council 13 – 106 7/20/2021 Purchasing agent, dispatching, material supplying, safety training, safety compliance, drug testing program, driver compliance. Mike Prlich and Sons, Inc. 2002 - Present Bellarmine University, Kentucky'72 Milda Gandasetiawan — Book Keeper/ Accountant Book-keeper, Accountant, Billings, Certified Payroll, Change Orders. Mike Prlich and Sons, Inc. 2003 — Present. From 1999 — 2003, work for Colich and Sons, L.P. University of Jakarta '87 Kevin Dowe- Assistant Project Manager responsible for project planning, technical submittals, project schedules, traffic control plan preparation, management of subcontractors and material suppliers, and direct communication and interaction with project Owners, Designers, and Inspectors. Kevin has more than 15 years of experience. Mike Prlich and Sons, Inc. 2007- Present Boise State University, Idaho 2021 Lance Laven — Project Manager / Estimator responsible for project planning, technical submittals, project schedules, traffic control plan preparation, management of subcontractors and material suppliers, and direct communication and interaction with project Owners, Designers, and Inspectors. Lance has more than 14 years of experience in assisting with engineering design and construction involving underground utilities, water & wastewater transmission/treatment facilities, roadway rehabilitation, and reinforced concrete structures. Mr. Laven joined the MPS, Inc. group in 2016. B.S. Environmental Analysis and Design'2008, University California Irvine SUPERINTENDENTS Javier Corona — Superintendent -worked for T.L. Pavlich Construction Inc., Spinello Companies and Mladen Buntich for combined 30 years. Mr. Corona joined the MPS, Inc. group in 2016. Has completed various types of projects for including waterlines, sewers, storm drains, grading, slip lining, etc. Has managed jobs for our following Clients: City of Los Angeles, Orange County Sanitation District, Los Angeles County Sanitation District, and City of Long Beach. Mr. Corona maintains his membership in the Operating Engineers Union. City Council 13 – 107 7/20/2021 Mark Zaich — Superintendent for Mike Prlich & Sons, Inc. since 1997, Worked for Matt Zaich Construction 1970-1987 as foreman operator, Mladen Buntich Construction 1990-1996. Has completed various types of projects including Box Storm Drain Construction, Culverts, Storm- ceptors, and Tunnels. Has worked for the following agencies -Orange County Sanitation District, Midway City Sanitary District, City of La Palma, Cal State Long Beach, City of Los Angeles Bureau of Engineering, and City of Carlsbad. Milenko Eres —Superintendent for Mike Prlich & Sons, Inc. He joined the company in 2009. He previously was employed by Mladen Grbavac Construction for the period of 16 years as a Superintendent. Mr. Eres maintains his membership in the Operating Engineers Union. EMERGENCY RESPONSE SUPERINTENDENT John Milosevich — Worked for Mike Prlich & Sons, Inc. for 19 years — 1998 to Present Certificated as a Qualified SWPPP Practitioner (QSP, #23263) and a Certified Erosion, Sediment and Storm Water Inspector (CSSWI, #3044). • Falcon Construction (South Pasadena, CA) — Oct. 1999 — 1982 o Operating Engineer / Foreman • Colich Construction (Gardena, CA) 1979-1982: Operating Engineer • S.S. Zarubica (Sun Valley, CA) 1974-1979: operating Engineer • Wal-con Construction (Surfside, CA) 1973: Operating Engineer • Aristo Construction (CA) 1972 — 1973: Operating Engineer / Oiler • US Army 1969 - 1971 FOREMAN Steve Newton — Worked for Mike Prlich & Sons, Inc. for 14 years — 2003 to Present Tom Vukojevic — Worked for Mike Prlich & Sons, Inc. for 11 years — 2005 to Present Rene Maldonado — Worked for Mike Prlich & Sons, Inc. for 7 years — 2014 to Present Section D: Understanding Scope of Services Mike Prlich and Sons, Inc. has reviewed and is familiar with the scope of work. We are confident with our ability to meet the needs of every individual task order that will be issued. We have excessive experience and knowledge in these types of projects, which is demonstrated by our track record of emergency on -call contracts. MPS has a proven track record of timely responses and rapid repairs to existing facilities for numerous emergency projects with several local agencies in Southern California. The response time excluding travel is always less than 1 hour, and typically within 10-minutes plus travel time. The direct cell phone numbers are listed for all key personnel directly authorized to respond to any given emergency. These numbers can City Council 13 – 108 7/20/2021 be used 24-hours per day, in addition to the office phone number during regular working hours. Mobilization efforts are initiated promptly to line-up labor, equipment, materials, and subcontractors for the given emergency. The project supervision has the authority to direct the deployment of resources to meet the needs to any emergency. As with all construction projects, safety and affective communication will take priority over any work activities. All our personnel maintain certification in First Aid/CPR and Confined Space Entry, as well Competent Person Training. Prior to entering any zone, we will perform a visual site assessment to identify potential risks and hazards associated with site access for both personnel and equipment. Once the risks and hazards have been identified, mitigation as needed will be implemented. All this information will be communicated to the Owner and Interested Parties, as well as our own work force and subcontractors. Any emergency repair and/or maintenance activity work will be implemented with consent from the Owner. Additional resources such as shoring systems, pipe and fittings, aggregates, and asphalt are readily available and will be sourced as needed from the nearest feasible source. In addition, MPS has good standing relationships with multiple subcontractors specializing in Saw -cutting, manhole and structure construction, pipe -bursting, top -hat installation, lateral lining and Clean & CCTV work with extensive experience. City Council 13 – 109 7/20/2021 Section L: lie IevanI Pioiet t Expel fence Project: Marguerite Ave and Almansor St. Sewer Main Replacement Project Owner: City of Alhambra Contact Information: Thomas Amare (626) 300-1562 Total Value: $713,929.27 Completion Date: 2/24/2021 Description: Construct 12" VCP Sewer Line & 48" Manholes. Project: Chandler Blvd and Lanker Sewer Improvements Owner: City of Los Angeles Contact Information: Celso Perez (213) 847-0334 Total Value: $2,202,544.00 Completion Date: August, 2017 Description: Install 3,724 Linear Feet of 8" Sewer Main and 116 Linear Feet of 6" Sewer Laterals. Project: 72417tyh Street ESR Owner: San Bernardino Municipal Water District Contact Information: Barry Berggren (909) 453-6274 Total Value: $95,474.00 Completion Date: 9/18/2020 Description: Repair and Replace 156 Linear Feet of 8-Inch VCP Sewer Pipe. Project: LATC Intermodal Facility Modernization Owner: City of Los Angeles Contact Information: Hortensia Alonso (213) 485-1641 Total Value: $488,315.31 Completion Date: 12/18/2020 City Council 13 – 110 7/20/2021 Description: Repair 54" Sewer 30' Deep under Railroad Tracks. Project: Los Monteros Drive 6" Reclaimed Water Mainline Repair Owner: South Coast Water District Contact Information: Brian Lynn (949) 289-0039 Total Value: $72,437.00 Completion Date: 5/11/2017 Description: Repair and Replace 200 Linear Feet of 6" ACP with C-900 PVC. Project: JTM-Unit 1 Leak Owner: South Coast Water District Contact Information: Kyle Gough (949) 342-2167 Total Value: $52,310.00 Completion Date: 7/7/2021 Description: Repair leaks in 60-Inch Water Main Project: Emergency Sewer Repair Sunset Blvd (10400 Block) Owner: City of Los Angeles Contact Information: John Crossen (213) 847-1911 Total Value: $148,149.00 Completion Date: 12/15/2020 Description: Pipe bursting 6-Inch VCP with 8-Inch HDPE Project: Sanitary Sewer Rehab-2020 Upgrade to PCHNista Del Mar. Owner: City of Redondo Beach Contact Information: Sailia Potukuchi (310) 318-0661 Total Value: $673,870.00 Completion Date: On -going Description: Directional Drill 12-Inch VCP No -Dig Pipe, 550 Total Linear Feet. 10 City Council 13 – I 11 7/20/2021 Project: Emergency Repair of 3-Inch FIDPE Reclaimed Water at PHE Owner: Los Angeles County Sanitation District Contact Information: Wayne Bamossy (562) 9084288 Total Value: $22,347.00 Completion Date: 7/14/2020 Description: Repair 3-Inch Leaking HDPE. Install new 220-Inch Gate Valve and 24-Inch HDPE. Project: Emergency Sewer Repair Alvarado Street (300 Block). Owner: City of Los Angeles Contact Information: Wesley Loung (213) 483-1187 Total Value: $298,978.00 Completion Date: 5/7/2020 Description: Remove and Replace 8-Inch VCP with 10-Inch VCP. Project: 2800 Workman Mill Road Water Main Leak Owner: Los Angeles County Sanitation District Contact Information: Matt Zuro (562) 449-9972 Total Value: 17,049.00 Completion Date: 8/24/2020 Description: Repair 2-Inch Copper Water Line Project: Joint Outfali H-7B Owner: Los Angeles County Sanitation District Contact Information: Ted Brodeur (310) 701-3935 Total Value: $624,400.44 Completion Date:5/21/2020 Description: Point Repair and Bypass for Lining of Sewer. City Council 13 &ndasl); 112 7/20/2021 11 Section F: References Agencies Mike Prlich and Sons. Inc is currently under contract with to perform emergency services: • City of Los Angeles Emergency Sewer Repairs • City of Los Angeles Emergency Storm Drain Repairs • Los Angeles County Sanitation District • Los Angeles County Department of Public Works • City of Glendale Emergency Sewer and Storm Drain Repairs • City of Anaheim Emergency Sewer and Water Repairs • South Coast Water District • San Bernardino Municipal Water District • San Bernardino County Special Districts Division • City of Los Angeles Emergency Geotechnical Services 12 City Council 13 – 113 7/20/2021 EXHIBIT B (Fee Schedule) City Council 13 — 114 7/20/2021 Appeoidi w -- — I 12ryls171) ATTAGHMFNT -': FFF Sf'}IEI)I IL.H: Gardficador, I certify that I have `ad, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I ern responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM Item # Bid Item Unit Quantity Unit Price Amount 1. Repair/Replace 6" or 8" Sewer Main Not More Than 8' Deep, minimum 6 $ �q feet; per Standard Plan 1200(As- LF 500 Needed) 2. Repair/Replace 6" or 8" Sewer Main between 8'-12', minimum 6 feet; $°p $ (,% oeo ^ Deep per Standard Plan 1200 LF 250 (As -Needed) 3. Repair/Replace 10" or 12" Sewer Main Not More Than 8' Deep, lb G $ 7-$ Z i b u o u— minimum 6 feet; per Standard Plan LF 100 1200 (As -Needed) 4. Repair/Replace 10" or 12" Sewer Main Between 8'-12'Deep; minimum $ 3 "t, $ 300 000 — 6 feet; per Standard Plan 1200 LF 100 (As -Needed) RFP 21-036 Addendum One May 17,2021 4of7 City Council 13 – 115 7/20/2021 c� ;i. Rernoclel Manhole Base i A 10 $ Lou° $ U ou (As -Needed) 6. Construct New Manhole Not More Than 8' Oeep per Standard Plan 1201 (As -Needed) 7. Construct New Manhole Between 8'-12' Deep per Standard Plan 1201 (As -Needed) 8. Raise Existing Manhole Frame and Cover, and replace collar to Grade per Standard Plan 1201 (As -Needed) 9. Replace Manhole Cover Concrete Collar per Standard Plan 1201 (As -Needed) 10. Furnish and Install Traffic Loop 11. Provide Sewer Lateral Lining with Cleanout, 4" and 6" Sewer Lateral Pipe (As -Needed) '12. Provide Top Hat Repairs, 4" and 6" Sewer Lateral Pipe (As -Needed) 13. Provide Pipe Bursting Repair with Cleanout, 4" and 6" Sewer Lateral Pipe per Standard Plan 1204A (As - Needed) 14. Provide Open Trench Repair/Replacement with Cleanout, 4" and 6" Sewer Lateral Pipe per Standard Plan 1204 (As -Needed) EA EA EA EA EA EA EA W.11 00 50 $ __/ $ 96 o°° " '10 $ Z ub $ 2-AO 60u- 30 $ � 9 06 $ S 400b- 30 $Zboo $ i43,uco- 5 $ 60 $ouu- 40 $ �joao $ )20 006— al 25 RFP 21-036 Addendum One May 17, 2021 5of7 $ IIq ()bo $ 35� 000_ $ 0 do $ —125 Ubu — City Council 13 – 116 7/20/2021 V E ? � LlC lA .-�- r-i L cj S ql L ' i 3 5 S LEGAL NAME OF TAXPAYER I.D. S � � 3 '� t.� S� j3 H-1,�wl,J k�✓�R � C,i4 9 t"2 � BUSINES S ADDRESS STREET CITYISTATE ZIP CO E M a p (�L IIILt �C, CA.,Lc/ Sor\S.cjy- (a2G-�'L3 I70 PHONE NUMBER �C7000OhSq-4- CSLB NUMBER DIR REGISTRATION NUMBER City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 20 of 35 City Council 13 &ndasl); 117 7/20/2021 CI'FV OF SAN1A ANA SEWER SYSTEM REPAIR SERVICES Mike prlich and Sons, Inc. LABOR RATFS 2021-2022 CRAFT TIME HRLV Rate Laborer Gr r.I ST $ 84.00 OT 5 111m DT $ 139.00 Laborer Grp.2 ST $ 85.00 OT $ 115.00 DT S 140.00 Laborer Grp.4 ST _ $ 88.00 OT $ 117.00 DT $ 145.00 Laborer App.1 ST $ 48,00 OF $ 62.00 DT $ 77.00 Laborer App.2JDT� Laborer App.3 Laborer App.4 . on OT $ 87.00 DT $ 89.00 Laborer App.5 ST $ 7200. OF $ '99.00 DT $ 122.00 Laborer App.6 ST $ 75.00 OT $ 104.00 DT $ 128.00 Operator Eng. Grp, 8 A-1 ST $ 128.00 OT $ 170.00 DT $ 216.00 Foreman/Operator ST $ 184.00 OT $ 228.00 DT $ 300.00 Project Manager ST $ 174.00 OF $ 228.00 DT $ 290.00 City Council 13 &ndasl); 118 7/20/2021 Milk, "i'll and Suns. Ina. 5103 Eller Slreel 0aldwin Pork, CA 912W 626/91317M MIKE PRLICH AND SONS, INC. LIST OF OWNED EQUIPMENT 2021-2022 A. compmae.rsand Pnuemntin Equipment _ m NHo $ - SrII 1AirII 1MB551 PP d4499..555 s« PPaak Ya OPark Yre I $22M It ersoll _ __ CFFM H11 Ble_lddeern.. Hi $ ee pN6_Brr H v ..kYa $ W_ Cop IG J Rats g.Polable Lihlin a near err Ou 5. Magnum H LI 1 .W« E.jr gj 0D d u meet a Shotl IBmclnc Beldame Park Yard Hear $ SW AllmaOd Solar en.,,,poem Artery Board Mesh eBoam Belden Pad, Yem Hw S 15.W CM1an eeWO Messer eBmm K-Rat ame... , armed Ilew K42ai Bldein Park Yem Darl $ 10.W Conne9 Pln Artery akrans Slwc tMIB, aimed Mi.— Baltlnin Pad Ywd Dal $ 3o0.W Come Pln Coal Bencade Batman. Park Yerd Dell E 4.W T eI II III Bamersda lLi Wier BaMwvr Park Yard Dail S 3 W Tye I, II III ete ractsoea wen Li MIN. Banked, Nlin. 0elinea90n Baldwin Park Yartl Dal 3 160 Tralde General Dramidle 36" red 26' Nara Rated Sled Rele Baldwin Pad Yartl Dail S am 9'x5' Non Skitl IIelhe Pleb l" Trl9c Reletl Steel"We Baidwle Park Yard DeA $ 12W 9'xitt NomSkid Trelfic Peale, l" Laific Reletl Steel Peale Bekwln Pad YNd Dal S 15.W TooNan-SWd Tm cPeale. l' TralAc Reletl Sbel Plate Beltlwin Park YerJ Dail 5 18.W 3 2200 8'x15'NonSkitl IIalOCPlale l" Traffic Rated Sleet Plata Baldwin Park Yard Dail e'x20' Nern Skid Traffic Plate, l' Bad 2d SMnn ISefe1 Baldwin Pad YarO Daily E 2lMLW Del Dell S 1W.W 3 1W.W TrencM1 ShieM 4 x 24 Siwnn Setae Baldvvl Park Yard Trendy SNeltl iox20 Sheen Sales Baldwin Pad Yam Dail $ 1W.W Trends SNeld Bx10 unercaper"U'r, aldwin Park Yam Dail $ iW.W TrencM1 SMttl k20 ShMn 5efe1 Badwin Park Yam Dam S henrlr Stated 4 x2D 6h«in ISeel Beltlwin Park Yem D. 50.00 b 10 W bench SM1ieN 10 x 16 Sewn ISale Bemwin Pad YAW! b 12000 irencT Shleltl Bx16 ShpnO ISWaI Batman Park YieldDai Dai $ 60.W Trench Shied 4 x 18 Shane Refinedetrain Bamain Park Yam Dell 8 120 W TrencM1 Shield 10x 12 Shoixl ISelel Park Yem Dal[ 8 1W.OD Reeeh Shield 9x 12 Shin ISelel Baldwin Park Yem at E 75W Trench SnleW ex 12 Bh.n ISeel BaMu4n Park yed TrencM1 6hieltl 4x12 Shots I6efa Baldwin Pad Yard Dei Del S W00 S ]S.W Trends Shield axe SM1win ISelel pnece Park Yartl VF $ 40W TrencM1 Sh'wN 9'Diameter Sheri ISelel Bel@win Perk Yartl VF S SO.W Liner%ale 10'DWa.tr Shari ISelel Ba Mon Pad Yerd S 60W Liner Plate 12'Diameler Sh«In ISelel BWaken Park Yard VF IS W Liner Pole 14'Diameter Shone ISabl Baldwin Park Yerd VF $ 90.W Liner Plate 16' Dbmwter Stan, ISarm Belmdn Park Yard VF $ al Linef Plate 1B'DWmwt« Sewn ISelel Belden Park Yartl LF S W W ❑ner Mate Settle ed, a Icon 1W'x20tl m Shen S slam Bal dwn Park Yartl Baldwin Pad Yam Carl MadW Rasa Steel Beam 30'x14'x89p Steel Beam Netlical Shwin In Ia Ye ,NRele feel Beam. 40'xi4'x9 Sled eam Netlkal Shorin ExcavatlrenE ul mane Baldwin Pad Vem Mautl S ]O.W CAT A46D BerkM1w Bddear Park Yard 4lcurl 5 05.W GAT 450E Oedlwe Saltlwn Park Yard HOW S 63.W CAT 430E 9acadde Wei Park Yam HOu S 6D.00 CAT 420E 321 Badlroe H dmu[ic Excavator Baldwin Pares Yard Ha S 120.00 S 62.00 CAT 313BCR H tlmWSExcaval« Wei Park Yam HOW Halal 5 33W $ 30.W CAT 301.T H OraWlc Excavator Baldwin Pad Yard Hours CAT 3W.9D Hdreulic Exwval0r BAden Park Yield Houn $ 45.W E 49.W AT CAT 905ECR H dau[tc Exce a., Dakhvle Park Yard Bldln Park Yam HOUR CAT WBE2 CR SIR HdraWc Excavate Baldne Park Yam HOW b .De Komatsu PC66MRE H draWlc Exdavald Bd,Dvin Park Yard HOutl S 155 W Kornai. PC3WLC-TED HdWrAc Exwvalor BddAUPark Yard Hwit S 290.00 Kernel. PC6WLCa HtlrauAc Exravalor Battle:. P. Yard Held $ 210W CAT 345BL Sedee II HYD H daukc E...IDr BWdvin Perk Yartl Hold S 45W Bobcat 331 H draulic Exferal« Baldwin Park YarJ Houn S a2.W CAT 92BG YlPael toetler Baldwn Pad Vld Hour W.W wesekl 05ZV WMei Laetler let2 City Council 13 &ndasl); 119 7/20/2021 MSe rvlkh andzwz, Inc. 5103 ".So-r BpkWii,Pad.CA91M 6R6/B13-1)W f.E. - I 1/ Ly 721 —�_�."... - — _ - -_.� ..�� .w". TiG�ain'Pnik YarA _ �HOurIY_� 8 _„ tOLW CAT -- o- �.. _ ,.....,.. ��..�. _�_ LoeCer _.. dxtl_tP L Id Hoor ___ CAT 8500 ®al paltl n P k d Ho AY W 5 MOT Kom I WP300.6 Vlneel paler -- I Bald P rkY N Houd E 86.W -----.— d�MCAT 524K Wfiem Loader '—"—' Baldwn Pa hYaN (loll 8 45W CAT -�- --- 2I2C BMid5lea'Loader 6btl Steer Loader —"--Hand Baldvin Park Yad E-- 43.W '118C Skitl Slear taatler „ BalUrvin Park Yad H01N S M W 2A.00 CAT CAT ATTACHMENT ___ Skid 5leel Bramn palJwin Perk Y" B;,i Park Yertl oa D i 2WW CAT ATTACHMENT wx 262D Skid Steer 6100M Slear Cold Plana BalOwin Park Yad a' E 450. Dail E 4W- CAT ATTACT"TT ZeneNa _..._SNitl PCRW Skb Sleet OA Cold Plane GnrMa Baldvin Park Ya Dail b 430.W CAT ATTACHMENT SW40 SkW Sleet 24"C01d Plane GdltlV 6aldwin Palk YaN GAT ATTACHMENT _ Rode YMeel G"TmncM1ar BaNwrn Park Yertl Dai S stow CAT ATTACHMENT Wafer IIu k Bdltlwn Park YeN Houd 8 40.W 2W0 Gallon Pelerbill Uum Track Baldwin Park Yerd Houtl E 85.W HOUJ Houtl $ )5W 5 ]BW Su er-Ten Du Tick Ford 9000 Dum Tmax 6aldwln Pad Yad PP ink, 10-c,T Dum Truck Dum Truck BaNwln Yard tOWTeel Uum Truck Slem Gil S 135.W BWIaN DUmp Truck Fad "onni Entl 5-Axk an, 1.0ed nPad Vartl G. Compaction Epuipmen1 W.—- 2.12 2012 City Council 13 &ndasl); 120 7/20/2021 AGREEMENT TO PROVIDE ON -CALL SEWER SYSTEM REPAIR SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between Dominguez General Engineering, Inc., a California corporation ("Contractor"), 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 April 28, 2021, the City issued Request for Proposal No. 21-036, by which it sought qualified contractors to provide on -call sewer system repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP No. 21-036. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-036, and as more specifically delineated in Contractor'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 Contractor under this Agreement. Contactor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of five (5) contractors selected to provide services on an as - needed basis under RFP No. 21-036. The total compensation for services provided by all contactors selected under RFP No. 21-036 shall not exceed the shared aggregate amount of four million dollars and zero cents ($4,000,000) during the term of this 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. City Council 13 — 121 7/20/2021 Page I of 8 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 19, 2024. unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1), two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all City Council 13 — 122 7/20/2021 Page 2 of 8 Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. If Contractor 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 $2,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. City Council 13 — 123 7/20/2021 Page 3 of 8 (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 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor or its subcontractors, 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 Contractor 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 Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, for infringement of any United States' letters patent, trademark, or copyright contained in the work City Council 13 — 124 7/20/2021 Page 4 of 8 product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 parry 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: City Council 13 — 125 7/20/2021 Page 5 of 8 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 Contractor: Dominguez General Engineering, Inc. 11096 Pipeline Ave. Pomona, CA 91766 Attn: Adolfo Dominguez, President 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 Contractor 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 Contractor. 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 Contractor or the City. Each party to this Agreement aclrnowledges 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 AND DELEGATION Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 City Council 13 — 126 7/20/2021 Page 6 of 8 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 contractors 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the Ciry's use thereof for such purposes as the City deems appropriate. 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 Contractor shall not discriminate because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination, discharge, or to bar, or other employment related activities or in connection with any activities under this Agreement. Contractor 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. City Council 13 — 127 7/20/2021 Page 7 of 8 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager DOMINGUEZ GENERAL ENGINEERING, INC.: City Council 13 — 128 7/2PQPjbf 8 EXHIBIT A (Scope/Contractor's Proposal) City Council 13 — 129 7/20/2021 DOMINGUEZ GENERAL ENGINEERING, INC. 11096 PIPELINE AVE, POMONA CA 91766 OFFICE: (909) 461-3658 FAX: (909) 461-3678 Dominguez General Engineering, Inc. Statement of Qualification 1 ADOLFO DOMINGUEZ PRESIDENT (909)461-3658 domi❑ uezgcneral aol,com City Council 13 &ndasl); 130 7/20/2021 Dominguez General Engineering, Inc. Statement of Qualification Dominguez General Engineering, Inc. was established in 2002 that provides underground wet utility services to the public and private sectors. Our company specializes in trenching and excavating for the installation of water, sewer, storm drain mains and all appurtenances that come with these classifications. Dominguez General Engineering, inc. has been working with the biggest utility companies and various government entities since 2003. Our Business strategy is to complete every project on time, within budget and most importantly in a safe manner. We are able to assist in many phases of construction from preparation of the site to actual construction and complete paving of streets. We also perform various installations of water services, fire hydrants, fire laterals, domestic water services, sample stations, air vacs, mechanical inverts to name a few. We train our workers periodically with OSHA courses and safety competent certifications to ensure that safety is a major part of our company. Adolfo Dominguez, President of Dominguez General Engineering, Inc., has been in business for over 15 years and including his own personal experience he has over 30 years of knowledge combined. His goal is to make sure the customer is receiving the best workmanship and quality a contractor could provide. Reyes Cervantes, Project manager works to make sure the customer is satisfied and complies with the owners specifications throughout the project. Dominguez General Engineering, Inc. performs all excavations, installs all materials, backfills and paves the projects. We continue to work with our clients to make sure projects are performed safely, on time and within budget. Please see resumes of key personnel on appendix A City Council 13 – 131 7/20/2021 DOMINGUEZ GENERAL ENGINEERING, INC. 11096 PIPELINE AVE IPOMONA, CA 91766I O: (909) 461-3658IF: (909) 461-3678 Base Labor Standard Time (per hour(per Overtime hour(per Double Time hour Superintendent/Foreman $ 90.00 $ 122.00 $ 162.00 Operator $ 88.00 $ 118.00 $ 158.00 Pipe layer $ 82.00 $ 103.00 $ 130.00 Laborer $ 79.00 $ 100.00 $ 125.00 Driver $ 74.00 $ 96.00 $ 123.00 Welder $ 77.00 $ 117.00 $ 137.00 Mason $ 75.00 $ 95.00 $ 115.00 Base Equipment (Owned) Base Equipment (Owned) A/C Grinder w/ Broom 60 Arrow board 15 Blade NA Cement Mixer 10 Compaction Testing 90 Compactor 10 Compressor 20 Concrete/Asphalt Saw 60 Concrete Finisher 60 Dump Truck 40 Excavator (140 — 270 Net HP) 90 Excavator 80— 125 Net HP 70 Hydraulic Breaker Backhoe 100 Jackhammer 3 Line Pull 5 Loader Backhoe (70 — 99 Net HP) 52 Loader Backhoe (100— 129 Net HP) 55 Pneumatic Tools 10 Power Broom 55 Operator 80 Saw Truck 130 Sem FTruck 65 Skid Steer Loader 30 Skip Loader 45 Street Sweeper 120 Test Pump 5 Trench Plates 5 Tool/Service Truck 30 Vacuum Truck 320 Vibra Plate 3 Whacker Walk Behind Roller 10 Wheel Loader 2-3yards) 65 Water Pump 20 Water Truck 50 Zipper (asphalt trencher 60 Company Name Dominguez General Engineering, Inc. Name Adolfo Dominguez Title President Date City Council May 19, 2021 13 — 132 7/20/2021 1/1 APPENDIX A ADOLFO DOMINGUEZ 3606 Strang Ave., Rosemead, CA 91770 Home: 626-579-3714 - Cell: 626-786-4536 - dominguezgeneral@aol.com PROFESSIONAL SUMMARY SKILLS Construction professional bringing valuable experience from large corporate construction sites, as well as residential home repair projects. President, secretary, treasurer motivated to learn new trades and skills. Interested in growing a career and fostering leadership capabilities. Dynamic Construction laborer who has worked as part of a union and as an independent contractor. Skilled in collaborating smoothly with a diverse range of management styles. Professional Construction Laborer with excellent interpersonal skills. Works in a timely and efficient manner to see tough jobs through to completion. Motivated Construction laborer adept at interpreting blueprints and following verbal instructions from management staff. • Safety procedures knowledge • Effective at multi -tasking • Self -motivated • Trench and safety certified • CPR and Flirts Aid Certified • Water and sewer pipe installation • Effective at multi -tasking • Possesses a reliable vehicle • Project foreman • Dependable and reliable • Power and hand tools • Commercial construction • Project manager and estimater WORK HISTORY President, Seereatry, and ltreasurer. t00%Owner. Dominguez General Engineering lne. — Rosemead, C4 Incorporated my company Dominguez General Engineering Contractor to Dominguez General Engineering, Inc.. Office Supervisor, field supervisor/Superintendent, project manager, Operator of equipment. Bond capacity of a single job upto $5million and an aggregate bonding program of $10,000,000.00 Speciallizing in underground work such as Water main, Sewer main and storm drains and all apportunences that come with this such work. Have approximately 28 employees working with this firm, 3 which are office related employees, and all others field employees. Sole owner/Superintendent Dominguez General Engineering Contractor — Rosemead, CA Sole owner of my own company. Project estimator. Estimating projects up to $3,000,000, Supervised and Operated equipment for all public works projects. Including construction of sewer main, sewer manholes, storm drain, catch basins, manholes, laterals, curb and gutters, sidewalks, wheel chair ramps, other concrete structures water main, valves, house services backflow devices, air blow offs. Accurately estimated time and materials costs for projects. • Dug trenches, backfilled holes and compacted earth to prepare for new construction. • Mixed porridge of catch basins and poured and sawed off concrete and asphalt, • Provided accurate measurements and estimates for all projects. City Council 13 – 133 7/20/2021 • Requisitioned new supplies and equipment. • Repaired and tested fire hydrants. • Consistently assumed additional responsibilities and worked extended hours to meet project deadlines. • Monitored inventory and reported items to be restocked for each job. • Cleared drains and downspouts and cleaned gutters. t.. •: `: Superintendent Miromontes Construction, Inc. — La Puente, C4 Supervised a crew of 6 workers All emergency work for City Los Angeles Accurately estimated time and materials costs for projects. • Dug trenches, backfilled holes and compacted earth to prepare for new construction. • Provided accurate measurements and estimates for all projects. • Repaired and tested fire hydrants. • Consistently assumed additional responsibilities and worked extended hours to meet project deadlines. • Cleared drains and downspouts and cleaned gutters. • Prepared and cleaned construction sites by removing debris. • Operated equipment such as Excavators, Backhoes, skip steer loaders, Rollers, Etc. 02/1098 to 0^1200i Superintendent I.F.T. Construction — Murrieta, C4 • Completed tear -down of existing structures and prepared for new construction. • Accurately estimated time and materials costs for projects. • Dug trenches, backfilled holes and compacted earth to prepare for new construction. • Repaired and tested fire hydrants. • Consistently assumed additional responsibilities and worked extended hours to meet project deadlines. • Prepared and cleaned construction sites by removing debris. • Operated equipment such as Excavator, backhoes, skip steer loaders, Etc. • Supervised 2 underground crews 8 workers and iconcrete structure crew of 4 workers. • scheduling of material work for all public works projects • worked in sewer main, storm drain, and water main projects $200,000-$7,000,000 nai Iu$U to oi/ tgga Foreman, Operator, Pipelayer Calton Construction Inc. — Rialto, Gt • Completed tear -down of existing structures and prepared for new construction. • Accurately estimated time and materials costs for projects. • Dug trenches, backfilled holes and compacted earth to prepare for new construction. • Repaired and tested fire hydrants. • Consistently assumed additional responsibilities and worked extended hours to meet project deadlines. • Prepared and cleaned construction sites by removing debris. • Operated equipment such as Excavator, backhoes, skip steer loaders, Etc. • Run crew of 8 workers EDUCATION GED: BeliHigh School - Bell, C4 • Coursework in Materials and Tools Used in the Trade • Coursework in Reading Plans and Site layout • Course in General Engineering City Council 13 – 134 7/20/2021 ACCOMPLISHMENTS Accomplished my goal of having my own underground company. • Received numerous letters of recommendation and overall appreciation from customers. • From starting as a labor to having my own company malting over $4-5 million in gross revenue. • Managed completion of residential and commercial construction projects valued in excess of $4,000,000 million annually. City Council 13 – 135 7/20/2021 Reyes Cervantes 16533 E, Chadmont St Covina, CA 91722 Cell: 323.400.8275 reyescl2@yahoo.com OBJECTIVE: A challenging career in the Civil Engineering field that contributes to my professional growth EDUCATION: California State University, Los Angeles (CSULA) B.S., Civil Engineering EXPERIENCE: Dominguez General Engineering, Inc. Project Manager May 2016-Present • Project estimating, take -offs, scheduling, review submittals, produce submittals, develop RFIs and change orders, prepare schedule of values, record quantities, invoice progress payments, project coordination, experience with MUTCD, WATCH manual and Greenbook Project experience: Alley Water Main Conversion, Liberty Court Owner: Long Beach Water Department $950,000.00, Amelia Avenue -Route 66 to Country Club Drive Water Main Replacement $542,000, Crescents Valley Water District $616,350.00, Pioneer & Devlin Area Main Replacement: Golden State Water Company $2,094,774.34, BodgerAve Area Main Replacement: Golden State Water Company $3,038,316.46, Lawndale Area Main Replacement Phase IIL Golden State Water Company $3,299,795.14, Shoup Ave Area Main Replacement: Golden State Water Company $3,385,598.00 SKANSKA-TRAYLOR-SHEA - Purple Line Extension August 2015-May 2016 Project Engineer • Potholing, scheduling, RFI, Change Orders, As built, Take -off for La Brea Station Pile Installation • Relocation of existing wet and dry utilities due to conflicts and pile installation at La Brea Station • Construction Work Plans for underground wet utilities such as Sewer, Storm Drain and water services Dominguez General Engineering, Inc. March 2013-July 2015 Project Manager • Project estimating, take -offs, scheduling, review submittals, produce submittals, develop RFIs and change orders, prepare schedule of values, record quantities, invoice progress payments, project coordination, experience with MUTCD, WATCH manual and Greenbook • Project experience: City of Burbank-SewerRelocationsfor1-5HOV/Empire Avenue Interchange Project Bid Schedule No.1314 $1,295,450, City of Arcadia -Water Main Replacement Project No. 6572 $325,000, City of Inglewood-1-405 Water Main Replacement Project Bid No. 13-09 $364,000, City of Glendora -Grand Ave Water Main Replacement Plan No.1153 $229,145, Rowland Un fed School District -Nogales High School Box Culvert Bid Schedule No. 2013114.4 $1,039,102, Eastern Municipal Water District -David Lane Pipeline Replacement $925,000, Beverly Hills FY2013-2014 Water Main Replacement Various Locations $3,680,500, City of Corona -Stagecoach Park Reclaimed Waterline $2,443,000, City of Buena Park -Utah St, Indiana, Whitaker St Water Main Replacement $817,440 Los Angeles County Parks and Recreation April 2010-July 2013 Recreational Service Leader • Supervise park club activities and the use of equipment/facilities • Assist with coordination of the playground, community center and athletic activities • Provide customer service to the public Eastside LRT Constructors Jan. 2007-April 2008 Labor (Construction of the Gold Line Metro Rail) • Worked on HDPE waterproofing for sub stations, construction of soldier piles and backfill • Worked with forklifts, backhoes, loaders, skip loaders, steer loaders and cranes City Council 13 – 136 7/20/2021 COMPUTER SKILLS: HEC-RAS, USGS, AutoCAD 2011, MatLab, SAP2000 14, Microstation 8vi, GStable, SEEP/W, ArcGIS, Windows XP/2000, Of0ce Suite: Word, Excel, Powerpoint. Project PROFESSIONAL SKILLS Self -motivated, willing to learn, team player, capable of applying engineering principles to practical engineering problems, systematic, detail oriented, effective communicator and negotiator AFFILIATION Chi Epsilon CSULA Chapter Member, American Society of Civil Engineers (ASCE) LANGUAGES Fluent in English and Spanish City Council 13 – 137 7/20/2021 On Call Emergency Repair for Water and Sewer We are currently on call with Golden State Water Company, Central Basin Municipal Water District, Pico Water District, Tract 180 Water Company, Rowland Unified School District, City of Pico Rivera, City of Santa Ana and City of Fullerton. For these agencies we provide emergency repairs for water main breaks, water service leaks, broken water valves replacement, fire hydrant installations and any appurtenances associated with domestic water infrastructure. Another service we provide is sewer emergency spot repairs, manholes removals and installs, sewer lateral installations or repairs and frame and cover removals or installation. The service we provide is a 24 hours a day 7 days a week and we respond within an hour from notification by the governing agency. Below are references for private and public agencies for which we provide on -call water and sewer system repairs and infrastructure. Golden State Water Company Victor Pelayo, Superintendent Central Basin West - (323) 562-9682 ext. 100 Justin Doronio, Project Engineer II — (310) 483-0525 Cell Alejandro Flores, Project Engineer II - (909) 305-5427 ext. 334 David Espinoza, Inspector II - (310) 738-3996 Cell Pico Water District Mark Grajeda, General Manager— (562) 692-3756 ext. 14 Joe Basulto, Field Superintendent—(562) 692-3756 ext.17 Tract 180 Water Company Jesse Barreras, General Manager — (323) 771-6682 Rowland Unified School District Marcos Rodriguez, Construction Coordinator— (626) 712-0796 Cell Inframark Water Infrastructure Operations Joe Covarrubias, Facility Supervisor— (562) 801-3100 Liberty Utilities Gabriel Gomez, Operations Supervisor (714) 732-0398 City Council 13 – 138 7/20/2021 DOMINGUEZ GENERAL ENGINEERING, INC. Key Personnel. As an emerging small business, Dominguez General Engineering, Inc. has looked for every possible way to facilitate our growth and provide you, the customer, the best in technical experience and construction professionalism. Our construction personnel will be able to provide you the client, with the experience and resources of a proven successful company. Our key personnel have great experience in the construction industry including numerous years in the public work area. Adolfo Dominguez (President): Responsibilities: contract administrator, project manager, soliciting, screening and selection of sub -contractors: coordinating, scheduling, and compliance procedures. Safety Procedure trained Experience: over 30 years of total construction experience, 20 years of constructions supervision and management over $7,000,000 projects. Have received letters of recommendations and overall appreciation from customers. Aleiandro Dominguez (Vice President): Responsibilities: Onsite management, scheduling, daily reporting, project coordinating, compliance procedure. Experience: 5 years Heavy equipment operator. Supervise small crew of 5 Reyes Cervantes (Project Administrative Manager): Responsibilities: Project engineer/project manager, project estimating, soliciting, coordinating, produce submittals, RFI's, safety Procedure knowledge, Progress invoicing, experience with MUTCD, Watch manual and Greenbrook Experience: Shoup Ave Area main replacement for GSWC $3,385,598.00. Pioneer & Devlin Area Main for GSWC $2,94,774.34. Long Beach Water Alley Water Main $950,000, Crescenta valley Water District $616,350.00. Lawndale Area Main Replacement Phase III $3,299,795.14. .Jose Gomez (Superintendent): Responsibilities: On -Site management, scheduling, daily reporting, and safety experience. multi task worker. Experience: 16 years in construction experience, 10 years construction foreman, project reporting, quality assurance and supervision on site management. Supervised up to 2 crew of 6 for over $3 million dollar projects. Trench Safety, Cal Osha, & First Aid trained Jorge Aguilar (Foreman)_ Responsibilities: On -Site management, scheduling, daily reporting, and safety experience City Council 13 – 139 7/20/2021 DOMINGUEZ GENERAL ENGINEERING, INC. Experience: 10 years in construction experience, 6 years construction foreman/ pipelayer, project reporting, quality assurance on on -site management, fast leaner. Supervised a small crew of 6 people on a little over $4 million dollar project. First Aid, Cal oslra & safety trained. Martin Nava (Foreman): Responsibilities: construction labored skilled, safety certified and progressive worker Experience: 17 years in water, sewer and storm drain projects. Supervises small crew of 3 people for emergency projects for Golden State Water Company, City of Santa Ana, and City of Fullerton. Has worked in a $3 million dollar project as a labor and pipefitter, is a multitasker worker. Safety Trained Mariano Lazaro IIernandez (Pinelaver): Responsibilities: construction labor skilled, safety certified, progressive worker and promptly completes assigned task Experience: 15 years in water, sewer and storm drain improvement projects. Has worked in projects of over $3 million dollars. Responsible and multi tasker. Safety Trained Juan Miguel Franco (Operator): Responsibilities: Heavy Equipment operator Experience: 11 years skilled in operating excavators, backhoes, skid steers, Certification & Training. - ALL our employees are certified and trained of flue following: - safety - competent trench & excavation confined space - asbestos - first aid - Cal osha City Council 13 – 140 7/20/2021 Dominguez General Engineering, Inc. PO BOX 6234 ROSEMEAD CA. 91770 PHONE 626-442-7444 FAX 626A42-7277 DOM W GUEZGENERAL@AOL.COM JOB REFERENCES/HISTORY SEWER& STORM DRAIN In Proeress: Job name: Oncall Emergency Sewer Repair ( In Progress) Supervised By Javier Mendoza for City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA. 92701 Contract: 3 year contract 2012/2014 Contact: Rudy Rosas at 714-647-3379 Job Name: Emergency Sewer repairs Supervised By Javier Mendoza Owner: City of Fullerton Type work: Emergency sewer repairs 122014 Contact Name: Anthony Reynoso 714-738-6302or714.412-1116 Completed: Job Name.LBid Schedule 1314, Empire Center Sewer Relocation City of Burbank 275 E. Olive Ave. Burbank Ca. 91510 Supervised By Victor Dominguez Type of Work: Installation of 10", 15" & 21' PVC Pipe Approx. 1,936 LF. Construct New 48", 60" manholes, construct new 48", 60" manhole around existing pipe, Reconnect active sewer lateral, construct storm drain squash box, removal and replacement of existing 6" AC approx.. 3640 SF. Cap and grind 2" AC approx... 47,950, Curb, gutter and sidewalk replacement. Contract amount: 1,295,450.00 completion date 12/52013 Contact Person: Daniel J. Ryan PE 818-238-3940 Inspector: Rick Wiggins 949-809-5000 cell 949-878-0154 Job Name: Sewer Improvement Santa Fe and Highland Ave Project#51003 Owner: City of Fullerton Type work: installation on 12"vcp sewer 1150LF, 15" VCP 305LF, abandon 12",8" and 6" sewer main, constructl0-48" manholes,remove existing manholes and install 6"VCP lateral connections Contract Amount: 394,070.00 Completed 8/302010 Contact Name: Al O'Balles inspector 714-595-6718 Eric Villagracia assistant engineer 714-738-6845 Job Name: Syracuse Ave Storm Drain Supervised By; Victor Dominguez Owner: City Of Baldwin Park Type Of Work: Installation of 48", 42", 36", 24" RCP Pipe. 28', 16', 14', wide Catch Basins, house connections, manholes and concrete collars. Contract Amount: $606,303.00 Completed 72009 Contact: Edward Torres 626-960-4011 Engineering Assistant Job Name: Civic Center Sewer Main supervised by; Adolfo Dominguez Owner: City Of Santa Ana Type Of Work: Construct 18", & 15" VCP Sewer Main, 6ft and 5ft. P.C.C. Sewer Manhole, Contact amount: $800.000.00 Completed 9/06 Contact Ed Torres #714-647-5018 Job Name: Bristol St. Storm Drain Supervised By; Adolfo Dominguez Owner: City Of Santa Ana Type Work: Storm drain installation of 54", 48", RCP Pipe Contract Amount: $1,635,274.00 Completed 4/07 Contact Ed Torres #714-647-5018 City Council 13 – 141 7/20/2021 Job Name: Magnolia Blvd Sanitary sewer Main Supervised By; Adolfo Dominguez Owner: City of Burbank Type of Work: Sewer Replacement Contract Amount: $182,000.00 completed 7/2006 Contact: 818-238-3955 Job Name: Contract#3840-0 sewer Owner: City of Carlsbad Type Of Work: Construct 8" HDPE Sewer Pipe, 6" HDPE wet well, Curb and Gutter Contract amount: $199,201.00 completed 10/14/2005 Contact: Kevin #760-602-2720 Job Name: Extension of Castle Storm Drain Owner: City Of La Canada Flintridge Type of Work: Storm Drain installation. Installation of24", 36' 48", 51", RCP pipe house laterals, construct concrete collars, junction structures and curb and gutters. Contract Amount: $314,120.00 Completed 11/2009 Contact: Nasser Shoushtarian 818-790-8882 Senior Civil Engineering Job Name: Bristol St. Storm Drain Owner: City Of Santa Ana Type Work: Storm drain installation of 54", 48", RCP Pipe Contract Amount: $1,635,274.00 Completed 4/07 Contact Ed Torres #714-647-5018 Job Name : Tesquequite Sewer Owner: City of Riverside Type Work: Sewer Replacement 36" VCP —Case Bedding, manholes, sidewalk, curb and gutters, 81" storm drain Removal, abandon sewer mains. Contract Amount $939,668 Completed 12/04/2006 Contact: Daniel Ciaccella #951-826-5236 "No Claims, Liquidated damages, Mediations, Arbitrations or Lawsuits" All 100% constructed By Dominguez General Engineering, Inc. City Council 13 – 142 7/20/2021 al Engineering, Inc. PHONE 909-461-3658 FAX 909A61-3678 WATER JOB HISTORY/REFERENCES Jobs Completed recent) Job Name: Ada Ave Main Replacements Plan 1266-1267 Owner: City of Glendora Type of Work: installation of 2,450 LF of 8-inch DIP/2,200 LF of 6-inch DIP water main , inverts below RCB storm drain work also includes ,excavation, backfill, trench resurfacing, installation of water services, fire hydrants, blow offs, air -vacs, traffic control, and other appurtenant work. Supervisor Jose H. Gomez Contract amount: $1,127,594.70 completed 02/2020 Contact: Maliha Ansari (626) 914-8294 Supervisor Jose Gomez Job Name: Alley Water Main Conversion, Liberty Court Owner: Long Beach Water Department Type of Work: installation of 1,195LF of 8-inch DIP TR-FLEX water main, Installation of 190LF. of 4-inch Water main work includes ,excavation, backfill, trench resurfacing, installation of water services, customer private services, fire hydrants traffic control, and other appurtenant work. Supervisor Jose Gomez Contract amount: $950,000.00 completed 06/2017 Contact: Jacob Hester (714) 713-2975 Supervisor Jose H. Gomez Job Name: Amelia Avenue -Route 66 to Country Club Drive Water Main Replacement Owner: City of Glendora Type of Work: installation of 2,000 LF of 16-inch DIP water main, Installation of (2) 30-inch casings and inverts below RCB storm drain work also includes ,excavation, backfill, trench resurfacing, installation of water services, fire hydrants, blow offs, air -vacs, traffic control, and other appurtenant work. Supervisor Jose H. Gomez Contract amount: $542,000 completed 09/2016 Contact: Maliha Ansari (626) 914-8294 Supervisor Jose Gomez Job Name: Construction of 8inch and 10-inch Water Main Project E-960 & E-961 Owner: Crescents Valley Water District Type of Work: installation of 1,625 LF of 8-inch steel water main , Installation of 920LF. of 10-inch Water main work includes ,excavation, backfill, trench resurfacing, installation of water services, fire hydrants traffic control, and other appurtenant work. Supervisor Jose Gomez Contract amount: $616,350.00 Completed 08/2016 Contact: Christina Olrnedo 818-248-3925 ext. 4115 Supervisor Jose H. Gomez Job Name: Cast Iron Main Replacement Owner: Long Beach Water Department 1800 E Wardlow Rd., Long Beach CA 90807 Type of Work: Furnish and install 12"DIP 123LF, 8" DIP 1071 LF., 6"DIP 2156LF. 10" casing and 6"DIP 1 SLF. Install Gate valves: 9 — 8" valves and 7-6" valves., install 10 new fire hydrants, install 4- 4" fireline and 1-8" fireline., install 291"copper services, 5- LS' services and 9- 2" services, reconnect 2-3/4 water services, 6- 1" water service, 7- 1.5" water services and 9- 2" water service. 2- Hot lop to exist 20" main. connect to existing 12", 8" and 6' mains. Slurry seal and resoiping. Contract amount: $1,125,050.00 Completed 5/2016 Contact: Azhar Khan 323.401-7830 or Abelardo Rendon P,E, 562-570-2341 Supervisor Jose Gomez Job name Water main Replacements various locations Project # 10101 Owner: City of Beverly Hills 345 Foothill Rd, Beverly Hills, CA. 90210 Type Work: installation of 11,185 LF. of 8"inch DIP push on joints, slurry installed, 7868 LF. of flinch Dip restrained joints, slurry in place, 1500 12 inch DIP push up joints , 985 16inch DIP restrained joints, 66 butterfly valves, 26 12inch butterfly valve, 200 1 inch short domestic service, 218 long domestic service, 40 2inch short domestic services, 57 long domestic services, 300 traffic rated meter box with bolted lid for linch service, 45 traffic rated mete box with bolted lid for 2inch service, remove and dispose of 2000LF of interfering pipe, 120 sewer lateral connections, 48 inch PCC remove and reconstruct alley approach, Contract: $4,012,356.39 Completed: 10/2015 Contact: Charles Gettler Inspector 310-925-0702 or Tristan Malabanan Civil Engineer Supervised by Jose Gomez Job Name: Stagecoach Park Reclaimed Waterline Owner: City of Corona, 400 S. Vincent Ave, Corona CA 92882 City Council 13 – 143 7/20/2021 Type of Work: Installation of approximately 7,300 LF of 20" DIP, connection of mainlines to existing, installation of services, Ail Vacs. Blow offs, Flow Control Salion Contract amount: $2,443,000 Completed 05/05/2015 Contact: Mayra Cabrera 951-739-4842 Supervised by Javier Mendoza Job Name: David Lane Pipeline Replacement Owner: Eastern Municipal Water District, 2270 Trimble Rd. Perris Ca 92570 Type of Work: Installation of approximately 1885 PVC, connection of mainlines to existing, installation of services, PRV's DCDA and abandonment of 4" ACP pipe Contract amount: 925,000 Completed 1 ]/29/2014 Contact: Mario Rodriguez 951-300-3087 Supervised by Javier Mendoza Job name Waterline Replacements in alleys and Streets Project# 10094 Owner: City of Beverly Hills 345 Foothill Rd., Beverly Hills, CA. 90210 Type of Work: 13,527 LF. of 8" DIP class 52 push on joints,2000 LF. of 8"class 52 restrained joints, Valve box, reconnect of fire hydrants, fire services, domestic services, traffic meter boxes, sewer laterals, PCC alley approach, Polyethylene encasement around pipe. Contract: $2,296,500 Completion date: 7/31 /2013 Contact: Charles Gettler Inspector 310-92M702 or Juan Martinez Civil Engineer Supervised by Victor Dominguez Job Name: Cast Iron Main Replacement Owner: Long Beach water Department, 1800 E. Wardlow Rd. Long Beach Ca. 90807 Type of Work: Installation of 12" 4,920Lf, 8" 360LF, 6" 892LF, 4" 35LF Ductile Iron Pipe, Installation of New Fire hydrants, Butterfly Valves, New Valves, Copper Service Laterals, 20" inch steel pipe casing, Blow off assembly, line stop, and pipe dewatering Contrset:$2,109,125.93 Contact: Wendy Chen civil Engineer 562-570-2324 Began: 5/11/2012 Ended 12/2012 Supervised by: Victor Dominguez Job Name: 12" inch Transmission Main Relocation Owner: City of Seal Beach Type of Work: installation of 12inch Ductile Iron pipe 479 Lf, installation of 2158 Lf. Of TR-flex restrained Joint Ductile iron Pipe, new Fire hydrant assembly, Blow off assembly, 18inch CML & Steel end cap and abandonment of 18 inch CML & Steel water main. Contract: $453,094.00 Contact: Tom Casulas 562-431-2527 Ext. 1346 Began 5/11/2012 Ended 6/29/2012 Supervised by Adolfo Dominguez Job Name; Water Main Improvement phase 2 Owner: City of Inglewood one Manchester Blvd. Inglewood CA. 90301 Type of work: furnish and install 8"(23101f)& 12" (36001f) D I P cl 350 pipe, installation of 8"(35) & 12"(34) GV, installation of 1 "(92) and 1 'f, "(3) services, Fire hydrants and Tie-in works Contract: $889,090.00 Contact Boytrese Osias at 310-412-5333 Jose Ramirez 310412-5333 began 2/6/2012 Ended 5/25/2012 Supervised by Adolfo Dominguez Job Name: Water system Improvement Owner: City of Bell Gardens 8327 Garfield Ave. Bell Gardens, CA. 90201 Type of Work: installation of 6", 8", & 12" DIP class 52 water main. Installation of 6', 8" & 12" Gate valve & Box. Water service connections for I' & 2" services. New Fire hydrants Contract: $730,229.00 completed 10/2011 Contact: Arjan Aidnani #626-780-8154 project manager./ Sid Mousavi # 562-806-7770 Engineer Supervised by Adolfo Dominguez Job name Waterline Replacements in alleys and Streets Project # 10091 Owner: City of Beverly Hills 345 Foothill Rd, Beverly Hills, CA. 90210 Type Work: installation of 10,330 LF. of 8"inch DIP class 52, push on joints, slung installed, 9,034 LF. of Sinch Dip class52 , restrained joints, slurry in place. Polyethylene encasement around DIP, 36 -8inch Butterfly valve with valve box, 14inch and 16inch butterfly valve replacement, install and remove traffic rated Meter box with bolted cover for I" & 2" service, abandonment of interfering portions of 4", 6" & 8" pipe, remodel sewer house connections, reconstruct PCC alley approach, linestop for 14" & 16" butterfly valve replacement, reconstruct 9 fire hydrants, re -connect 1,2,3 & 4 inch domestic services City Council 13 – 144 7/20/2021 Contract: $3,197,670.00 Completed: 7/8/2011 Contact: Charles Gettler Inspector 310-925-0702 or Juan Martinez Civil Engineer Supervised by Victor Dominguez & Adolfo Dominguez Job Name: Foothill Blvd. Water Improvement (Grand Ave. to Cullen Ave) Owner: City of Glendora 116 E. Foothill Blvd., Glendora, CA. 91741 Type Work: install4699 If Of 16" ductile iron pipe CL 350, 74 If. Of 30" steel pipe casing 'A" wall thickness under railroad way, 17 of 16" butterfly valves, 10 6" fire hydrant assembly, 6" blow offs, I" & 2" water service assemblies. Contract: $1,276,752.00 Contact: Civil Engineer Jason Roeghrbom 626-914-8253 cell 626-374-5336 Supervised by Adolfo Dominguez Completed: 3/2011 Job Name: Cast Iron Main Replacement — Artesia Blvd Owner: Long Beach Water Department I800 E. Wardlow Dr, Long Beach CA. 90807 Type work: Finnish an install 4", 6", 8", & 12" Ductile Iron water line. Installation of cooper service Laterals, reconnections of services, fire hydrants, and installation of valves. Contract: $1,665,824.82 completed: June 15, 2010 Contact: Azhar Khan 323-401-7830 consultant engineer CH2M Mill, Inspector Ed Mendoza 562-577-6560 Inspector: Mike White 805-302-5375, Wendy Chen 562-570-2324 civil engineer, Supervised by Adolfo Dominguez Job Name: Alley Service Connection Conversion Owner: Long Beach Water Dpt. 1800 Wardlow DR., Long Beach Ca. 90807 Type of Work: 1", 2". 3", water service connections, 4", 6", and 8" DIP water main installation, hot tap including gate valves, and fire service installation Contract: $729,950.00 completed: 9/2009 Contact: Ed Mendoza 562-5776560, Dave Stuetzel # 714-665- 4500, Supervised By Adolfo Dominguez Job Name: 2008/2009 Water main Replacement Owner: City Of Monterey Park 320 W. Newmark Ave, Monterey Park, CA. Type of work (description): Installation of 270U.. 12", 2520LF. 8" cement mortar ductile iron pipe with fittings and appurtenances. Furnish and install new fire hydrants and connections. Contract: $586,847.74 completed 3/09/2009 Contact: Vennie Bermudez Engineer #310-749-9309 Adolph Villalpando 626-307-1294 Water Distribution Supervisor, Supervised by Adolfo Dominguez Job Name: Artesia Filar Neighborhood Water main Improvements Owner: City of Santa Ana 20 Civic center plazas, Santa Ana, CA. 92701 Type of Work (description): installation of 7028Lf Of 12", 8560 U. 8", class200 AW WA c900, PVC water main. Construct water services, fire line connections, and new fire hydrant assembly Contract Amount:$1,858,549.60 completed:1/2009 Contact: Ed Torres # 714-647-5018 engineer cell 626-378-1372 Supervised By: Adolfo Dominguez Job Name: Water System Improvement Owner: City of Bell Gardens 8327Garfield Ave, Garfield CA. 90201 Type Of Work: (description) installation of 40U.. Of 6" DIP class 52, 1180LF. 8" DIP class 52& 580U.. DIP class52. Water service connections, gate valves, and box, new fire hydrants. Contract Amount: $314,650.0 Completed 122008 Contact: Adolph Villapando #562-322-5495 inspector (engineer no longer with the city) Supervised by: Adolfo Dominguez Job Name: Edmonton Rd Water Main Owner: City of Glendale water and power 141 N Glendale Ave, Glendale, CA. 91206 Type of Work description) install 8850U.. Of 8" Pressure class 350 ductile iron pipe with fittings and appurtenances. Furnish and install copper tube services to new main. new fire hydrants, sewer laterals 8" & 6' gate valves, blow offassemblies. City Council 13 – 145 7/20/2021 Contract Amount: $1,191,905.00 completed 11/05/2008 Contact: Carlos# 661-644-2263 inspector Contact: Ken Hong # 818-548-3964 engineer Supervised by: Adolfo Dominguez "Completed with no claims, Mediation, Arbitration or lawsuits" City Council 13 – 146 7/20/2021 Appendix REVISED ATTACHMENT 2: FEE SCHEDULE Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: P99M4!k4e 7 'Xlej _W e Item # Bid Item Unit Quantit Unit Price Amount 1. Repair/Replace 6" or 8" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan 1200(As- LF 500 Needed) 2. Repair/Replace 6" or 8" Sewer Main between 8'-12', minimum 6 feet; Deep per Standard Plan 1200 LF 250 $ I0 5o. • $ 25 (As -Needed) 3. Repair/Replace 10" or 12" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan LF 100 $ IT`b` S . $ I d 9, Sov. ' 1200 (As -Needed) 4. Repair/Replace 10" or 12" Sewer Main Between 8'-12'Deep; minimum $ 1250... $ 12 S o00 " 6 feet; per Standard Plan 1200 LF 100 —� i (As -Needed) RFP 21-036 Addendum One May 17, 2021 City Council 4of7 13– 147 7/20/2021 5. Remodel Manhole Base EA 10 $1Aw• $ _ G00•.' (As -Needed) 6. Construct New Manhole Not More Than 8' Deep per Standard Plan 1201 (As -Needed) EA 50 $�000•" $ 5(70,000. ' 7. Construct New Manhole Between 8'-12' Deep per Standard Plan 1201 (As -Needed) EA 10 $ Z 000.' $ 2.O 0 8. Raise Existing Manhole Frame and Cover, and replace collar to Grade per Standard Plan 1201 EA 30 $0 CV. $ 150.,000• (As -Needed) 9. Replace Manhole Cover Concrete Collar per Standard Plan 1201 (As -Needed) EA 30 $ $ SO�Ocn•" 10. Furnish and Install Traffic Loop EA 5 $ I1000." $� 000. 11. Provide Sewer Lateral Lining with EA 60 $ ow• $ 0 DOb •' Cleanout, 4" and 6" Sewer Lateral Pipe (As -Needed) 12. Provide Top Hat Repairs, 4" and 6" EA 40 $� So0•" $ 3 yo, 000• " Sewer Lateral Pipe (As -Needed) 13. Provide Pipe Bursting Repair with Cleanout, 4" and 6" Sewer Lateral Pipe per Standard Plan 1204A (As- EA 25 $ 50o.'. $ �/3 SOD• " Needed) 14. Provide Open Trench Repair/Replacement with Cleanout, 4" and 6" Sewer Lateral Pipe per EA 25 $ S ooa ' $ 375• D00• ' Standard Plan 1204 (As -Needed) RFP 21-036 Addendum One May 17, 2021 City Council 5of7 13– 148 7/20/2021 900137 PAYER I.D. NO. LMXII XVVRLJJ v 8�yo yG-A OvdOo 6/z/ CSLB NUMBER DIR REGISTRATION NUMBER RFP 21-036 Addendum One May 17, 2021 6of7 hl f City Council 13 &ndasl); 149 7/20/2021 Appendix ATTACHMENT 3: REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference ��As E s � ATrrrK,Nt-p „ Customer Name: Contact Individual: Address: Contract Amount: Number: Facsimile Number: Year: Description of supplies, equipment, or services provided: Reference Customer Name: Contact Individual: Address: Number: Number: Contract Amount: Year: Description of supplies, equipment, or services provided: Reference Customer Name: _Contact Individual: Address: Phone Number: Facsimile Number: Contract Amount: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana - RFP 21.036 Sewer System Repair Services Page 21 of 35 City Council 13 &ndasL; 150 7/20/2021 Dominguez General Engineering, Inc. PO BOX 6234 ROSEMEAD CA. 91770 PHONE 626-442-7444 FAX 626-442-7277 DOMINGUEZGENERAL@AOL.COM JOB REFERENCES/HISTORY SEWER& STORM DRAIN In Proeress• Job name: Oncall Emergency Sewer Repair (In Progress) Supervised By Javier Mendoza for City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA. 92701 Contract: 3 year connect 20122014 Contact: Rudy Rosas at 714-647-3379 Job Name: Emergency Sewer repairs Supervised By Javier Mendoza Owner: City of Fullerton Type work: Emergency sewer repairs 122014 Contact Name: Anthony Reynoso 714438-6302or 714412-1116 Completed: Job Name: Bid Schedule 1314, Empire Center Sewer Relocation City of Burbank 275 E. Olive Ave. Burbank Ca. 91510 Supervised By Victor Dominguez Type of Work: Installation of 10 15" & 2 P PVC Pipe Approx. 1,936 LF. Construct New 48", 60" manholes, construct new 48", 60" manhole around existing pipe, Reconnect active sewer lateral, construct storm drain squash box, removal and replacement of existing 6" AC approx.. 3640 SF. Cap and grind 2" AC approx... 47,950, Curb, gutter and sidewalk replacement. Contract amount: 1,295,450.00 completion date 12/52013 Contact Person: Daniel J. Rynn PE 818-238-3940 Inspector: Rick Wiggins 949-809-5000 cell 949-879-0154 Job Name: Sewer Improvement Santa Fe and Highland Ave Project#51003 Owner: City of Fullerton Type work: installation on 12"vcp sewer 1150LF,15" VCP 3051,17, abandon 12",8" and 6" sewer main, constructl048" manholes ,remove existing manholes and install 6"VCP lateral connections Contract Amount: 394,070.00 Completed 8/302010 Contact Name: AI O'Balles inspector 714-595.6718 Eric Villagracia assistant engineer 714-738-6845 Job Name: Syracuse Ave Storm Drain Supervised By; Victor Dominguez Owner: City Of Baldwin Park Type Of Work: Installation of 48", 42", 36", 24" RCP Pipe. 28', 16', 14', wide Catch Basins, house connections, manholes and concrete collars. Contract Amount: $606,303.00 Completed 7/2009 Contact: Edward Torres 626-9604011 Engineering Assistant Job Name: Civic Center Sewer Main supervised by; Adolfo Dominguez Owner: City Of Santa Ana Type Of Work: Construct 18", & 15" VCP Sewer Main, 611: and 5ft. P.C.C. Sewer Manhole, Contact amount: $800.000.00 Completed 9/06 Contact Ed Torres #714-647-5018 Job Name: Bristol St. Storm Drain Supervised By; Adolfo Dominguez Owner: City Of Santa Ana Type Work: Storm drain installation of 54", 48", RCP Pipe Contract Amount: $1,635,274.00 Completed 4107 Contact Ed Torres #714-647-5018 City Council 13 – 151 7/20/2021 Job Name: Magnolia Blvd Sanitary sewer Main Supervised By; Adolfo Dominguez Owner: City of Burbank Type of Work: Sewer Replacement Contract Amount: $182,000.00 completed 7/2006 Conmct: 818-238-3955 Job Name: Contmct#3840-0 sewer Owner: City of Carlsbad Type Of Work: Construct 8" HOPE Sewer Pipe, 6" HOPE wet well, Curb and Gutter Contract amount: $199,201.00 completed 10/14/2005 Contact: Kevin #760-602-2720 Job Name: Extension of Castle Storm Drain Owner: City Of La Canada Flintridge Type of Work: Storm Drain installation. Installation of 24", 36", 48", 51 ", RCP pipe house laterals, construct concrete collars, junction structures and curb and gutters. Contract Amount: $314,120.00 Completed 11/2009 Contact: Nasser Shoushtarian 818-790-8882 Senior Civil Engineering Job Name: Bristol St. Storm Drain Owner: City Of Santa Ana Type Work: Storm drain installation of 54", 48", RCP Pipe Contract Amount: $1,635,274.00 Completed 4/07 Contact Ed Tones #714-647-5018 Job Name: Tesquequite Sewer Owner: City of Riverside Type Work: Sewer Replacement 36" VCP —Case Bedding, manholes, sidewalk, curb and gutters, 81" storm drain Removal, abandon sewer mains. Contract Amount $939,668 Completed 12/04/2006 Contact: Daniel Ciaccella#951-826-5236 "No Claims, Liquidated damages, Mediations, Arbitrations or Lawsuits" All 100% constructed By Dominguez General Engineering, Inc. City Council 13 – 152 7/20/2021 Dominguez General Engineering, Inc. PO BOX 2504 Pomona CA . 91766 PHONE 909-461-3658 FAX 909-461-3678 WATER JOB HISTORY/REFERENCES Jobs Completed recentl Job Name: Ada Ave Main Replacements Plan 1266-1267 Owner: City of Glendora Type of Work: installation of 2,450 LF of 8-inch DIP/2,200 LF of 6-inch DIP water main , inverts below RCB storm drain work also includes ,excavation, backfill, trench resurfacing, installation of water services, fire hydrants, blow offs, air -vacs, traffic control, and other appurtenant work. Supervisor Jose H. Gomez Contract amount: $1,127,594.70 completed 02/2020 Contact: Maliha Ansari (626) 914-8294 Supervisor Jose Gomez Job Name: Alley Water Main Conversion, Liberty Court Owner: Long Beach Water Department Type of Work: installation of 1,1951,17 of 8-inch DIP TR-FLEX water main, Installation of 190LF. of 4-inch Water main work includes ,excavation, backfill, trench resurfacing, installation of water services, customer private services, fire hydrants traffic control, and other appurtenant work. Supervisor Jose Gomez Contract amount: $950,000.00 completed 0612017 Contact: Jacob Hester (714) 713-2975 Supervisor Jose H. Gomez Job Name: Amelia Avenue -Route 66 to Country Club Drive Water Main Replacement Owner: City of Glendora Type of Work: installation of 2,000 LF of 16-inch DIP water main, Installation of (2) 30-inch casings and inverts below RCB storm drain work also includes ,excavation, backfill, trench resurfacing, installation of water services, fire hydrants, blow offs, air -vacs, traffic control, and other appurtenant work. Supervisor Jose H. Gomez Contract amount $542,000 completed 09/2016 Contact: Maliha Ansari (626) 914-8294 Supervisor Jose Gomez Job Name: Construction of Sinch and 104nch Water Main Project E-960 & E-961 Owner: Crescenta Valley Water District Type of Work: installation of 1,625 LF of 8-inch steel water main, Installation of 920LF. of 10-inch Water main work includes ,excavation, backfill, trench resurfacing, installation of water services, fire hydrants traffic control, and other appurtenant work. Supervisor Jose Gomez Contract amount: $616,350.00 Completed 08/2016 Contact: Christina Olmedo 818-248-3925 ext. 4115 Supervisor Jose H. Gomez Job Name: Cast Iron Main Replacement Owner: Long Beach Water Department 1800 E Wardlow Rd., Long Beach CA 90807 Type of Work: Funrish and install 12"DiP 1231,17., 8" DIP 1071 LF., 6"DIP 2156LF. 10" casing and 6"DIP 15LF. Install Gate valves: 9 —8" valves and 7-6' valves., install 10 new fire hydrants, install 4-4" fireline and 1-8" fireline., install 29 1" copper services, 5- 1.5" services and 9- 2" services , reconnect 2-3/4 water services, 6- I" water service, 7- 1.5" water services and 9- 2" water service. 2. Hot top to exist 20" main. connect to existing 12", 8" and 6" mains. Slurry seal and restriping. Contract amount: $1,125,050.00 Completed 5/2016 Contact: Azhar Khan 323-401-7830 or Abelardo Rendon P,E. 562-570-2341 Supervisor Jose Gomez Job name Water main Replacements various locations Project # 10101 Owner: City of Beverly Hills 345 Foothill Rd., Beverly Hills, CA. 90210 Type Work: installation of 11,185 LF. of 8"inch DIP push on joints, slurry installed, 7868 LF, of Sinch Dip restrained joints, slurry in place, 1500 12 inch DIP push up joints , 985 16inch DIP restrained joints, 66 butterfly valves, 26 12inch butterfly valve, 200 1 inch short domestic service , 218 long domestic service, 40 2inch short domestic services, 57 long domestic services, 300 traffic rated meter box with bolted lid for linch service, 45 traffic rated meter box with bolted lid for 2inch service, remove and dispose of 2000LF of interfering pipe, 120 sewer lateral connections, 48 inch PCC remove and reconstruct alley approach, Contract: $4,012,356.39 Completed: 10/2015 Contact: Charles Gettler Inspector 310-925-0702 or Tristan Manhattan Civil Engineer Supervised by Jose Gomez Job Name: Stagecoach Park Reclaimed Waterline Owner: City of Corona, 400 S. Vincent Ave, Corona CA 92882 City Council 13 – 153 7/20/2021 Type of Work: Installation of approximately 7,300 LF of 20" DIP, connection of mainlines to existing, installation of services, Air Vacs. Blow offs, Flow Control Sation Contract amount: $2,443,000 Completed 05/05/2015 Contact: Maym Cabrera 951-7394842 Supervised by Javier Mendoza Job Name: David Lane Pipeline Replacement Owner: Eastern Municipal Water District, 2270 Tmmble Rd. Perris Ca 92570 Type of Work: Installation of approximately 1885 PVC, connection of mainlines to existing, installation of services, PRV's DCDA and abandonment of 4" ACP pipe Contract amount: 925,000 Completed I W912014 Contact: Mario Rodriguez 951-300-3087 Supervised by Javier Mendoza Job name Waterline Replacements in alleys and Streets Project # 10094 Owner: City of Beverly Hills 345 Foothill Rd., Beverly Hills, CA. 90210 Type of Work: 13,527 LF. of 8" DIP class 52 push on joints,2000 LF. of 8"class 52 restrained joints, Valve box, reconnect of fire hydrants, fire services, domestic services, traffic meter boxes, sewer laterals, PCC alley approach, Polyethylene encasement around pipe. Contract: $2,296,500 Completion date: 7/312013 Contact: Charles Geltler Inspector 310-925-0702 or Juan Martinez Civil Engineer Supervised by Victor Dominguez Job Name: Cast Iron Main Replacement Owner: Long Beach water Department, 1800 E. Wardlow Rd. Long Beach Ca. 90807 Type of Work: Installation of 12" 4,9201,17, 8" 360LF, 6" 892LF, 4" 35LF Ductile Iron Pipe, Installation of New Fire hydrants, Butterfly Valves, New Valves, Copper Service Laterals, 20" inch steel pipe casing, Blow off assembly, line stop, and pipe dewatering Contract: $2,109,125.93 Contact: Wendy Chen civil Engineer 562-570-2324 Began: 5/112012 Ended 12/2012 Supervised by: Victor Dominguez Job Name: 12" inch Transmission Main Relocation Owner: City of Seal Beach Type of Work: installation of 12inch Ductile Iron pipe 479 Lf, installation of 2158 Lt. Of TR-flex restrained Joint Ductile iron Pipe, new Fire hydrant assembly, Blow off assembly, l8inch CML & Steel end cap and abandonment of 18 inch CML & Steer water main. Contract:$453,094.00 Contact: Tom Casulas 562-431-2527 Ext. 1346 Began 5/112012 Ended 6/292012 Supervised by Adolfo Dominguez Job Name; Water Main Improvement phase 2 Owner: City of Inglewood one Manchester Blvd. Inglewood CA. 90301 Type of work: furnish and install 8"(23101f)& 12" (36001f.) D I P cl 350 pipe, installation of 8"(35) & 12"(34) GV, installation of 1 "(92) and 1 'h "(3) services, Fire hydrants and Tie-in works Contract: $889,090.00 Contact; Boytrese Gains at 310-412-5333 Jose Ramirez 310-412-5333 began 2/6/2012 Ended 5252012 Supervised by Adolfo Dominguez Job Name: Water system Improvement Owner: City of Bell Gardens 8327 Garfield Ave. Bell Gardens, CA. 90201 Type of Work: installation of 6", 8", & 12" DIP class 52 water main. Installation of 6', 8" & 12" Gate valve & Box. Water service connections for P & 2" services. New Fire hydrants Contract: $730,229.00 completed 10/2011 Contact: Arjan Aidnani #626-780-8154 project manager./ Sid Mousavi # 562-806-7770 Engineer Supervised by Adolfo Dominguez Job name Waterline Replacements in alleys and Streets Project # 10091 Owner: City of Beverly Hills 345 Foothill Rd., Beverly Hills, CA. 90210 Type Work: installation of 10,330 LF. of 8"inch DIP class 52, push on joints, slurry installed, 9,034 LF. of $inch Dip class52 , undrainedjoints, slurry in place. Polyethylene encasement around DIP, 36 -8inch Butterfly valve with valve box, 14inch and Mach butterfly valve replacement, install and remove traffic rated Meter box with bolted cover for 1" & 2" service, abandonment of interfering portions of 4", 6" & 8" pipe, remodel sewer house connections, reconstruct PCC alley approach, linestop for 14" & 16" butterfly valve replacement, reconstruct 9 fire hydrants, re -connect 1,2,3 & 4 inch domestic services City Council 13 – 154 7/20/2021 Contract: $3,197,670.00 Completed: 7/8/2011 Contact: Charles Gettler Inspector 310-925-0702 or Juan Martinez Civil Engineer Supervised by Victor Dominguez & Adolfo Dominguez Job Name: Foothill Blvd, Water Improvement (Grand Ave. to Cullen Ave) Owner: City of Glendora 116 E. Foothill Blvd., Glendora, CA. 91741 Type Work: install 4699 If. Of 16" ductile iron pipe CL 350, 74 If, Of 30" steel pipe casing ''A" wall thickness under railroad way, 17 of 16" bu¢er0y valves, 10 6" fire hydrant assembly, 6" blow offs, 1" & 2" water service assemblies. Contract: $1,276,752.00 Contact: Civil Engineer Jason Roeghrbom 626-914-8253 cell 626-374-5336 Supervised by Adolfo Dominguez Completed: 312011 Job Name: Cast Iron Main Replacement — Artesia Blvd Owner: Long Beach Water Department 1800 E. Wardlow, Dr., Long Beach CA. 90807 Type work: Furnish an install 4", 6", 8", & 12" Ductile Iron water line. Installation of cooper service Laterals, reconnections of services, fire hydrants, and installation of valves. Contract: $1,665,824.82 completed: June 15, 2010 Contact: Azhar Khan 323-401-7830 consultant engineer C112M Mill, Inspector Ed Mendoza 562-577-6560 Inspector: Mike White 805-302-5375, Wendy Chen 562-570-2324 civil engineer, Supervised by Adolfo Dominguez Job Name: Alley Service Connection Conversion Owner: Long Beach Water Dpt. 1800 Wardlow DR., Long Beach Ca. 90807 Type of Work: 1", 2". 3", water service connections, 4", 6', and 8" DIP water main installation, hot tap including gate valves, and fire service installation Contract: $729,950.00 completed: 92009 Contact: Ed Mendoza 562-5776560, Dave Smetzel # 714-665- 4500, Supervised By Adolfo Dominguez Job Name: 20082009 Water main Replacement Owner: City Of Monterey Park 320 W. Newmark Ave, Monterey Park, CA. Type of work (description): Installation of 270LE 12", 2520LF. 8" cement mortar ductile iron pipe with fittings and appurtenances. Furnish and install new fire hydrants and connections. Contract: $586,847.74 completed 3/092009 Contact: Vennie Bermudez Engineer #310-749-9309 Adolph Villalpando 626-307-1294 Water Distribution Supervisor, Supervised by Adolfo Dominguez Job Name: Artesia Pilot Neighborhood Water main Improvements Owner: City of Santa Ana 20 Civic center plazas, Santa Ana, CA. 92701 Type of Work (description): installation of 7028U.. Of 12", 8560 LE 8", class200 AW W A c900, PVC water main. Construct water services, fire line connections, and new fire hydrant assembly Contract Amount:$1,858,549.60 completed:1/2009 Contact: Ed Torres # 714-647-5018 engineer cell 626-378-1372 Supervised By: Adolfo Dominguez Job Name: Water System Improvement Owner: City of Bell Gardens 8327Garfield Ave, Garfield CA. 90201 Type Of Work: (description) installation of 40LE Of 6" DIP class 52, 1180LF. 8" DIP class 52& 580U.. DIP class52. Water service connections, gate valves, and box, new fire hydrants. Contract Amount: $314,650.0 Completed 12/2008 Contact: Adolph Villapando #562-322-5495 inspector (engineer no longer with the city) Supervised by: Adolfo Dominguez Job Name: Edmonton Rd Water Main Owner: City of Glendale water and power 141 N Glendale Ave, Glendale, CA. 91206 Type of Work description) install 8850LE Of 8" Pressure class 350 ductile iron pipe with fittings and appurtenances. Finnish and install copper tube services to new main. new fire hydrants, sewer laterals 8" & 6" gate valves, blow off assemblies. City Council 13 – 155 7/20/2021 Contract Amount: $1,191,905.00 completed 11/05/2008 Contact: Carlos# 661-644-2263 inspector Contact: Ken Hong # 818-548-3964 engineer Supervised by: Adolfo Dominguez "Completed with no claims, Mediation, Arbitration or lawsuits" City Council 13 – 156 7/20/2021 Appendix ATTACHMENT 4: STANDARD AGREEMENT CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this _ day of , 2021 by and between , ("Contractor'), 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 City desires to retain a Contractor having special skill and knowledge in the field of repair of sewer system infrastructure. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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. Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $XXX,XXX, during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) 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 which may reasonably be expected by City. City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 22 of 35 City Council 13 – 157 7/20/2021 3. TERM This Agreement shall commence on [enter the start date or "the date first written above"] for a number (3) year term with the option for the City to grant up to a one (2)-years renewal, exercisable by a writing by the City Manager and City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, at seq., as well as California Code of Regulations, Title S, Section 16000, at 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, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 23 of 35 City Council 13 – 158 7/20/2021 INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractors 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, and representatives as additional insured(s); (b) be primary and not contributory 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 provisions of Section 3700 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employers liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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 Contractor pursuant to this section: i. Contractor 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 by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 24 of 35 City Council 13 – 159 7/20/2021 prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor, its subcontractors, agents, employees, or other persons acting on its 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 Contractor 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 Contractor'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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 25 of 35 City Council 13 – 160 7/20/2021 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor 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 is not embodied herein. City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 26 of 35 City Council 13 – 161 7/20/2021 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor 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. 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. 18. 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. 19. PROFESSIONAL LICENSES Contractor 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. Contractor 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. City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 27 of 35 City Council 13 &ndasL; 162 7/20/2021 20. 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. 21. 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: 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 With courtesy copies to: Nabil Saba, P.E. -...- ............... Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 First & Last Name Title Contractor Firm Name Address City, State, Zip Fax: City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 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 City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 28 of 35 City Council 13 &ndasL; 163 7/20/2021 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 time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM: CONTRACTOR: SONIA R. CARVALHO City Attorney By: John M.Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency Name: Title: Tax ID# City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 29 of 35 City Council 13 – 164 7/20/2021 APPENDIX ATTACHMENT 5: CERTIFICATIONS City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 30 of 35 City Council 13 – 165 7/20/2021 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 -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to Signed State of California County of LO 5 1M6s Subscribed and sworn to (or affirmed) before me on this IS day of , 21 tl , by Akio OOYNjnyuK , proved to me on the basis of satisfactory evidence to be the person(s) whY5 appeared before me Notary Public Signature Notary Public Seal rLf'Ase se'c AJJWAep" City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 31 of 35 City Council 13 – 166 7/20/2021 CALIFORNIA JURAT CERTIFICATE 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 &j4.er s, Subscribed and sworn to (or affirmed) before me on this �i day of My 20ZLby 49101-GNV11 1 tiw" 1- proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. N.L.DOMINGUEZ WITNESS MY HAND AND OFFICIAL SEAL. " NotaryPublic- California £ Los Angeles County Commission; 2214089 MYComm. Expires Sep 14, 2021 J Signature of Notary Mablic (Notary Seat) OPTIONAL INFORMATION Thejurat contained within this document is in accordance with Califanhia turn. Any affidavit subscribed and sworn to before a salary shall use the preceding wording or subslmhtnily sindlnnuording pursuant to Civil Cade sections 1189 and 8202. Ajurat certificate cannot be afftted to a document sent by mail or otherwise delivered to a notary public, including electronic means, whereby the signer did not personally appear before the rotary public, even if the signer is known by the notarypublic. The seat and signature cannot be ciffired to a document without the correct notarial wording. As an additional option an ajTant can prroduce an affidavit on the same document as the notarial certificate wording to eliminate the use of additional documentation. DESCRIPTION OF ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer Partner (Title of documcn0 Number of Pages_( Includingjurat) Attomey-In-Fact Trustee Document Date Other: (Additional Information) MMX V. BAN2 S 10.409.1334 wway.BayArcallotary.can City Council 13 – 167 7/20/2021 NON -LOBBYING CERTIFICATION 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 Memberof 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 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in conformance with its instructions. 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 $100,000 and that all such subrecipients shall certify and disclose accordingly. , Signed: ,t;O`t—f:~ Title: r1'C6j0ul Firm: 90miIUPI C1 &njyl" trte- Date: I$NAJ Ivy City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 32 of 35 City Council 13 – 168 7/20/2021 The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. 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 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 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 Contractors 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 - RFP 21-036 Sewer System Repair Services Page 33 of 35 City Council 13 – 169 7/20/2021 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 Contractor 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. S. 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 Chapter. . Signed: T Title: PfeiiAwa Firm: DoyWiyti01, &uevtdf F,4 naupt, Znc• Date: ftoi 2a21 City of Santa Ana - RFP 21.036 Sewer System Repair Services Page 34 of 35 City Council 13 &ndasL; 170 7/20/2021 ---End of RFP NO 21.036--- City of Santa Ana - RFP 21-036 Sewer System Repair Services Page 35 of 35 City Council 13 &ndasl); 171 7/20/2021 MAYOR Vicente Saoniento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Baosma Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.om ADDENDUM NO. 1: Q & A Request for Proposal No. 21.036 Sewer System Repair Services May 17, 2021 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Notice is hereby given to bidders that, where applicable, the City of Santa Ana Water Resources Division has made certain clarifications, modifications, and/or deletions, for specifications of RFP 21-036 Sewer System Repair Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Answers to Inquiries/Questions submitted by the deadline are as follows: 1. Q: My question for line 12 are you asking for a price for each top hat with 40 to be the max number to be installed? A: 40 is an approximate quantity to be installed. Please provide install price for each top hat. 2. Q: I have a question on line # 11 are you asking for linear footages on the liners (what would be the minimum line length) or the total number of lines to be done? A: 30 linear feet line length would be a minimum per installation. 60 is an approximate quantity to be installed. 3. Q: Is the footage known for the lateral CIPP and lateral pipe bursting? A: TED. 4. Q: Is there CWA or PLA for this bid? A: The City's Community Workforce Agreement requirements are not applicable to this contract. RFP 21-036 Addendum One May 17, 2021 City Council 1 of 13 – 172 7/20/2021 5. Q: Page 2 of the RFP requests a Letter of Intent to submit a proposal be provided to the project Manager by the date as shown on the cover page of the RFP. This date is not identified on the cover page of the RFP. Please clarify. Please advise what the approximate value of work may be over the initial 3 year agreement period. Please advise if Attachment 5: Certifications are to be submitted with the Statement of Qualifications, Fee Schedule, or intended to be a separate submission to the PlanetBids system. Will Performance and Payment Bonds be required upon execution of the Standard Agreement? Will retention be withheld on progress payments for repair work completed? The Scope of Work section in the RFP includes stipulated overhead and markup percentages. The Attachment 2: Fee Schedule requests hourly rate schedules and indicates the Contractor will be required to provide quotes for approval by the City prior to commencement of services. This referenced language implies the City's intention is the work will be paid on a Time and Materials Basis. Please clarify the City's intended use for the Unit Pricing requested. The scope of work descriptions on Page 14 of 35 for Repair and Replace of sewer mains includes the following language: (Per foot, Six (6) foot section minimum). The Unit of Measure in the Attachment 2; Fee Schedule for these scope items is "EA". Is the unit pricing requested in the Fee Schedule intended to represent a "per foot" price for repair or one "each" 6-foot repair section? Please clarify the City's intentions for the proposer to be responsive to the RFP. Please clarify if Note 11.5."4" applies to the scope of work item to Remodel Existing Sewer Manhole Base. This note addresses manhole stacking and appears it may have been intended to be stricken from the document. Clarify if the cost to "Raise Existing Manhole to Grade" requires supplying a new manhole frame and cover as described on Page 15 of the RFP. For the Fee Schedule pricing please clarify if the proposers are to assume a single detector loop may be required to be installed in a single call -out. The actual unit costs will be highly variable depending on the quantity installed in one call -out. A: -Letter of Intent should be dated and submitted prior to close of the Proposal Due Date. -Value of work is TBD. -Please see Section IV, subsection B, under Certification for more information. -Performance and Payment Bonds will not be requested on a per job deployment basis. -City reserves the right to deploy projects on a T&M basis or on a per unit cost basis. - Provide pricing per foot with assumption that every task order will involve repair section that is minimum 6 feet, see revised fee schedule pages 18-20 for clarification. -Note 11.5."4" shall NOT be stricken from the document. -Please see Attachment 1: Scope of Work, Section II, Note 8.1". Please see Appendix Attachment 1: Scope of Work, Section III for more information. 6. Q: Does this project need a Bid Bond? A: No. RFP 21-036 Addendum One May 17, 2021 City Council 2of7 13– 173 7/20/2021 7. Q: Page 21 Attachment 3: References. Do City References need to be other On Call projects or can they be standard projects? A: Submit references for municipalities where similar sanitary sewer repair services have been performed. 8. Q: 1. Please clarify that the unit pricing is per six foot section, and not one foot section. A: Provide pricing per foot with assumption that every task order will involve repair section that is minimum 6 feet, see revised fee schedule pages 18-20 for clarification. 9. Q: 2. How are we to cover traffic control? The variance here can be extreme and I would hate to bid it as worst case and submit really high numbers to cover myself. A: Majority of repair services will be located on residential streets. Basic traffic control (Please see Appendix Attachment 1: Scope of Work, Section III for more information), should be included in pricing. In the event that repair services will be performed on an arterial street and require additional traffic control, those costs will be reimbursed by the City. 10. Q: Permits: What types of Permits are you requiring are they for installing Liners? A: Contractor will conduct work at City's discretion, permit typically not required for lining laterals. In the instance(s) where repair work requires permits such as encroachment permits, costs will be reimbursed by the City. 11. Q: Will Fire hydrant meters be required for installing sewer liner jobs? A: Please see Section III, subsection E for more information. 12. Please see revised Attachment 2: Fee Schedule, pages 18-20. RFP 21-036 Addendum One May 17, 2021 City Council 3of7 13– 174 7/20/2021 EXHIBIT B (Fee Schedule) City Council 13 — 175 7/20/2021 Appendix REVISED ATTACHMENT 2: FEE SCHEDULE Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: P99M4!k4e 7 'Xlej _W e Item # Bid Item Unit Quantit Unit Price Amount 1. Repair/Replace 6" or 8" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan 1200(As- LF 500 Needed) 2. Repair/Replace 6" or 8" Sewer Main between 8'-12', minimum 6 feet; Deep per Standard Plan 1200 LF 250 $ I0 5o. • $ 25 (As -Needed) 3. Repair/Replace 10" or 12" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan LF 100 $ IT`b` S . $ I d 9, Sov. ' 1200 (As -Needed) 4. Repair/Replace 10" or 12" Sewer Main Between 8'-12'Deep; minimum $ 1250... $ 12 S o00 " 6 feet; per Standard Plan 1200 LF 100 —� i (As -Needed) RFP 21-036 Addendum One May 17, 2021 City Council 4of7 13– 176 7/20/2021 5. Remodel Manhole Base EA 10 $1Aw• $ _ G00•.' (As -Needed) 6. Construct New Manhole Not More Than 8' Deep per Standard Plan 1201 (As -Needed) EA 50 $�000•" $ 5(70,000. ' 7. Construct New Manhole Between 8'-12' Deep per Standard Plan 1201 (As -Needed) EA 10 $ Z 000.' $ 2.O 0 8. Raise Existing Manhole Frame and Cover, and replace collar to Grade per Standard Plan 1201 EA 30 $0 CV. $ 150.,000• (As -Needed) 9. Replace Manhole Cover Concrete Collar per Standard Plan 1201 (As -Needed) EA 30 $ $ SO�Ocn•" 10. Furnish and Install Traffic Loop EA 5 $ I1000." $� 000. 11. Provide Sewer Lateral Lining with EA 60 $ ow• $ 0 DOb •' Cleanout, 4" and 6" Sewer Lateral Pipe (As -Needed) 12. Provide Top Hat Repairs, 4" and 6" EA 40 $� So0•" $ 3 yo, 000• " Sewer Lateral Pipe (As -Needed) 13. Provide Pipe Bursting Repair with Cleanout, 4" and 6" Sewer Lateral Pipe per Standard Plan 1204A (As- EA 25 $ 50o.'. $ �/3 SOD• " Needed) 14. Provide Open Trench Repair/Replacement with Cleanout, 4" and 6" Sewer Lateral Pipe per EA 25 $ S ooa ' $ 375• D00• ' Standard Plan 1204 (As -Needed) RFP 21-036 Addendum One May 17, 2021 City Council 5of7 13– 177 7/20/2021 900137 PAYER I.D. NO. LMXII XVVRLJJ v 8�yo yG-A OvdOo 6/z/ CSLB NUMBER DIR REGISTRATION NUMBER RFP 21-036 Addendum One May 17, 2021 6of7 hl f City Council 13 &ndasl); 178 7/20/2021 AGREEMENT TO PROVIDE ON -CALL SEWER SYSTEM REPAIR SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between Paulus Engineering, Inc., a California corporation (`Contractor"), 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 April 28, 2021, the City issued Request for Proposal No. 21-036, by which it sought qualified contractors to provide on -call sewer system repair services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP No. 21-036. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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, Contractor shall perform the services described in the scope of work that was included in REP No. 21-036, and as more specifically delineated in Contractor'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 Contractor under this Agreement. Contactor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of five (5) contractors selected to provide services on an as - needed basis under RFP No. 21-036. The total compensation for services provided by all contactors selected under REP No. 21-036 shall not exceed the shared aggregate amount of four million dollars and zero cents ($4,000,000) during the term of this 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. City Council 13 — 179 7/20/2021 Page I of 8 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 19, 2024. unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1), two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all City Council 13 — 180 7/20/2021 Page 2 of 8 Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. If Contractor 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 $2,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. City Council 13 — 181 7/20/2021 Page 3 of 8 (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 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor or its subcontractors, 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 Contractor 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 Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, for infringement of any United States' letters patent, trademark, or copyright contained in the work City Council 13 — 182 7/20/2021 Page 4 of 8 product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 parry 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: City Council 13 — 183 7/20/2021 Page 5 of 8 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 Contractor: Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 Attn: Jason Paulus, President 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 Contractor 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 Contractor. 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 Contractor or the City. Each party to this Agreement aclrnowledges 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 AND DELEGATION Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 City Council 13 — 184 7/20/2021 Page 6 of 8 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 contractors 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the Ciry's use thereof for such purposes as the City deems appropriate. 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 Contractor shall not discriminate because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status of any person, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination, discharge, or to bar, or other employment related activities or in connection with any activities under this Agreement. Contractor 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. City Council 13 — 185 7/20/2021 Page 7 of 8 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:, � Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager PAULUS Name: Title: , INC.: inler�r Page 8 of 8 City Council 13 – 186 7/20/2021 EXHIBIT A (Scope/Contractor's Proposal) City Council 13 — 187 7/20/2021 PAULUS Request for Proposal(RFP) For Sewer System Repair Services RFP NO.: 21-036 To: City of Santa Ana Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Attention: Kathia Reyes Project Manager 2871 E. CORONODO ST., WET UTILITY PIPELINE PROFESSIONALS  , (714) 632-3975 ANAHEIM, CA 92806 LIC#724114 City Conncd PAULVSENGINEE ING.COM 13 – 1V 7/20/2021 PAULUS May 1911, 2021 RE: Sewer System Repair Services RFP NO.: 21-036 Dear Kathia Reyes, PEI is a corporation that has over 36 years of experience in the Wet Utility Industry and has worked on numerous sewer repair projects in the Southern California Region. We are very familiar with the tasks outlined in this particular RFP and look forward to being one of the 3 firms chosen to enter into an agreement for the proposed work. Included in this package is our Statement of Qualification, Fee Schedule and Certifications per the Submittal Package Requirements. PEI is in full concurrence with all of the provisions as contained in the standard agreement (Attachment 4: Standard Agreement) provided in the RFP Package. We are fully aware of the City's expectations and intend to abide by any and all provisions set forth. Sinc ly, Ja n Paulus Pr sident 2871 E. CORONODO ST., WET VTILI Y PIPELINE PROFESSIONALS  : ANAHEIM, CA 92806 LIC 0726116 City Council A L (71A) 632 397 13 &noM% n s-p, 8NG.COM 7/20/2021 PAU LU 5 Firm and Team Experience Paulus Engineering, Inc. (PEI) was incorporated in 1996, under the leadership of Jason Paulus. Angelo Veronesi is our project superintendent and will be the primary contact person on this contract. Angelo has been working in the wet utility construction industry for over 41 years and has been with PEI for over a year. Jose Alba, our company dispatcher, will also be aware of any and all activity initiated under this contract. Jose has been with PEI for over 20 years. We currently have 8 crews available with an average of 5 guys on each. These crews are available 24 hours a day, 7 days a week. PEI owns and maintains approximately 30 pieces of heavy equipment, along with 25 pieces of support equipmentfor operation on its projects. PEI's sewer specific projects include: VCP, PVC, Manhole, Lateral, Cleanout, Grease Interceptor and Lift Station removal and/or installation. Please review the attached resume for sewer project we have completed in the last 5 years 2AN E. EI G, CA 28 $T., WET UTILITY PIPELINE PROFESSIONALS City Council (714) 632-3975 ANAH Elm, CA 92806 LIC #R4114 y l3 &n fsnnUsp;qINc.com 7/20/2021 PE PAULUS ENGINEERING. INC. PIPELINE. CONSTRUCTION Storm Drain • Water • Sevve Established 198 (714) 632.3975 / info@poulusenginearing.col PEI Team Resume: Angelo Veronesi, Superintendent aneeloPpaulusengineerine.com / M (714) 287-0561 Total Years of Professional Experience: 41 years + Paulus Engineering: 1 Year Angelo Veronesi Utilities Superintendent Angelo Veronesi has over41 years of experience managing the construction of underground utilities and has been with Paulus Engineering, Inc. 2020. His areas of expertise include storm drain, water and sewer line installations, including large diameter pipeline. He has ensured successful completion of utility work on numerous projects for Caltrans, MWD, the City of Los Angeles and other public works agencies. Project Experience Passons Blvd Underpass, City of Pico Rivera, CA, Utilities Superintendent, $12.3M. Planned, scheduled and oversaw field crews performing relocation of the sewer, storm drain and water lines. Waterline installation included up to 16-inch ductile iron pipe, fire hydrants, water service connections, gate valves and air release assembly. This $1210 project railroad grade separation lowered Passons Blvd and constructed a new bridge forthe BNSF railroad and a new pump station. The pump station was 28-feet below grade at its deepest point, and located directly adjacent to live railroad tracks. Ramona Ave Grade Separation, Alameda Corridor East, City of El Monte, CA, Utility Superintendent, $22.8M. Planned scheduled and oversaw field crews that constructed a 12-inch water main, high pressure gas line, extensive drainage work including 72-ince RCP installation and connection structure. Water line installation included up to 12-inch ductile iron pipe, 72-inch reinforced concrete pipe, fire hydrants and services. This $22M grade separation project included bridges for UPRR and Metrolink trains, retaining walls, intersection improvements and a new pump station. The pump station was 42-feet below grade with two -foot thick concrete walls. SR-91 Eastbound Lane Addition SR-241 to SR-71, Caltrans, Corona, CA, Utilities Superintendent, $36M. Managed crews, equipment and materials for installation of storm drain systems up to 60-inch diameter pipe. This $36 million project widens the eastbound SR-91 freeway from SR-241 to SR-71, adding one general purpose lane and widening all lanes to standard widths over approximately 4.5 miles, SCRRA Eastern Maintenance Facility, Southern California Regional Rail Authority, Colton, CA, Utilities Superintendent, $36M. Planned, scheduled and oversaw field crews performing installation of storm drains, waterlines, and waste water lines. Facilities constructed include a four track storage yard with capacity for 4 six -coach trainsets, two Service and Inspection (S&I) tracks, fueling and sanding service setup, a 240 foot long Train Washer, a 5,150 sfTransportation Building, grading, drainage, paving, utilities, bridge construction, and other site work. One of the ways that Brutoco mitigated delays to the project was to propose an alternate method of constructing the 48-inch double barrel storm drain parallel to existing track. Angelo's crews performed the work round-the-clock during two, 55-hour weekend closures of Metrolink track. Instead of taking the two months scheduled, the work was performed during two weekends and saved seven weeks of time in the project completion date. Wet Mity Pipeline Professionals • 2871 E. Coronado St., Anaheim, CA 92806 • www.Pktuiogowing.com Paulus Engineering, Inc. • General Engineering Contractor Oc 72411 City Council 13 &ndasb; 191 7/20/2021 PE PAULUS ENGINEERING, INC. PIPELINE CONSTRUCTION Storm Drain IS Water • Sevve Esmblishad 1 M (714) 632-3975/info@poulusengineering.con Las Perillas Pumping Plant Repairs, Department of Water Resources, Kettleman City, CA, Project Superintendent, $2M. Brutoco removed and replaced a section of 78-inch diameter steel pipe in two existing penstocks at the Las Perillas Pumping Plant south of Kettleman City. The existing penstock piping had corroded through over the years causing leaks and erosion of the existing slopes. The work, which included coating repair to the existing pipes, was completed around the clock during a three week period. Ramona Avenue Grade Separation, Alameda Corridor East (ACE), El Monte, CA, Utilities Superintendent, $18M. Scheduled and supervised underground utilities construction including 72-inch storm drain pipe that was jacked under Union Pacific Railroad and Metrolink track. This grade separation construction project included construction of two shooflies and bridges for UPRR and Metrolink trains, retaining walls, roadway and intersection improvements, drainage, electrical and pump station construction. Robert DiemerSolids Handling and Maintenance Facilities, Metropolitan Water District of Southern California, Yorba Linda, CA, Utilities Superintendent, $34M. Responsible for the underground utility work including installation of a 30-Inch waterline, storm drain, sewer lines, and yard piping for this water treatment plant. The new facilities constructed for MIND included a new solids dewatering facility building housing three belt filter presses, an electrical room, polymer storage and mixing equipment, and three cake pumps; a truck loading facility; four elevated solids storage hoppers, and two gravity thickeners. SR-91 Widening at Jackson Street, Caltrans, Riverside, CA, Utilities Superintendent, $IBM. Planned and managed extensive storm drain work and waterline construction for this SR-91 freeway widening project including jacking a 36-Inch waterline under the 91 freeway 35 feet below grade. The project added lanes for SR-91 in Riverside, replaced the Jackson Street bridge, widened five bridges and construct retaining walls between Van Buren Boulevard and Arlington Avenue. SR-22/SR-SS Interchange, Caltrans, Orange, CA, Utilities Superintendent, Responsible for mechanical crew planning and oversight for this Caltrans Interchange project. Managed storm drain pipe installation up to 96-inch RCP and box culvert construction. Scope of work included removal and replacement of the ESR-22 to NSR-55 flyover connector, bridge widenings, a new off -ramp, widening of the SR-55 freeway, retaining wall and sound wall construction. Certifications and Training OSHA 10 Hour Certified OSHA 30 Hour Certified First Aid & CPR Certified BNSF and Metrolink Safety Trained Fail Protection Certified Crosby Rigging Certified Excavation Safety Trained Confined Space Competent Person Wet Ulility Pipeline Professionals • 2871 E. Coronado St, Anaheim, CA 92806 • www.p&ifq 'Bling.com Paulus Engineering, Inc • General Engineering Coneaclor Uc 724114Lity Council 13 &ndasb; 192 7/20/2021 PAULUS Understanding of Need Outline Experience Paulus Engineering Inc. has been an on -call contractor for about a dozen municipalities over the last 20+years. We have performed repairs on anything from broken sewer laterals to 25' deep sewer main breaks. Our crews are trained with the latest safety training and are provided the latest state of the art equipment the industry has to offer. Performed Tasks Paulus Engineering performs storm drain, water, and sewer repair work that includes the following and more. 1. Excavation 2. Shoring 3. Traffic Control 4. Saw Cutting/Demo S. Asphalt/Concrete Repair 6. Dewatering 7. Manholes 8. Bypassing 9. Pipe Replacement All Types of Pipe 10. Video Services 21. Engineered Shoring 12. Vacuum Truck Cleaning Approach Our approach at Paulus is always the same whether it is replacing manhole frame and covers or repairing sewer mains at depths over 20' and that is to give you the best service and product at the best rate possible. We have a 24-hour emergency on call phone system to respond to your needs as they arise. We will be there on time, every time and will leave you with the satisfaction that the job was done right. 2871 E. CORONODO ST.. WET UTILITY PIPELINE PROFESSIONALS City COnnL11 (714) 632-3975 ANAHEIM. CA 92806 LIE #724114 l3 &ntF�S"8*fftT;Y"INc.coM 7/20/2021 EXHIBIT B (Fee Schedule) City Council 13 — 194 7/20/2021 Appendix REVISED ATTACHMENT 2: FEE SCHEDULE Certification • I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. Note: This contract is subject to prevailing wages. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Item # Bid Item Unit Quantity Unit Price Amount 1. Repair/Replace 6" or 8" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan 1200(As- LF 500 $ - 6173 Needed) 2. Repair/Replace 6" or 8" Sewer Main between 8'-12', minimum 6 feet; Deep per Standard Plan 1200 LF 250 $3, 6 YC �� $ 7 r (_, Y-i (As -Needed) 3. Repair/Replace 10" or 12" Sewer Main Not More Than 8' Deep, minimum 6 feet; per Standard Plan LF 100 s�1 $ �( V; y 1200 (As -Needed) 4. Repair/Replace 10" or 12" Sewer Main Between 8'-12'Deep; minimum 6 feet; per Standard Plan 1200 LF 100 $�'�� $ i l z0 — (As -Needed) RFP 21-036 Addendum One May 17, 2021 4of7 City Council 13 – 195 7/20/2021 5. Remodel Manhole Base EA 10 $= (As -Needed) 6. Construct New Manhole Not More Than 8' Deep per Standard Plan 1201 (As -Needed) EA q 50 $ 1000 $ y > G 0C"r") 7. Construct New Manhole Between 8'-12' Deep per Standard Plan 1201 (As -Needed) EA 10 $ to itt $ / 30,, tll?n s� 8. Raise Existing Manhole Frame and Cover, and replace collar to Grade per Standard Plan 1201 EA 30 $�� $ ' - LO--w (As -Needed) 9. Replace Manhole Cover Concrete Collar per Standard Plan 1201 (As -Needed) EA 30 $ %' JZ'U " $ qJ-Oc'C =s 10. Furnish and Install Traffic Loop EA 5 $=W $ L%J U� 11. Provide Sewer Lateral Lining with EA 60 $ "�� $ 00 W + Cleanout, 4" and 6" Sewer Lateral Pipe (As -Needed) 12. Provide Top Hat Repairs, 4" and 6" EA 40 $1, 31"a y $s- Sewer Lateral Pipe (As -Needed) 13. Provide Pipe Bursting Repair with Cleanout, 4" and 6" Sewer Lateral Pipe per Standard Plan 1204A (As- EA 25 $ $ 3 r dJJ--4 Needed) 14. Provide Open Trench Repair/Replacement with Cleanout, 4" and 6" Sewer Lateral Pipe per EA 25 $ t% G'�" $ 36L JJ Standard Plan 1204 (As -Needed) RFP 21.036 Addendum One May 17, 2021 5of7 City Council 13 – 196 7/20/2021 CSLB NUMBER OIR RFP 21-036 Addendum One May 17. 2021 6of7 L- -T 7 r City Council 13 &ndasl); 197 7/20/2021 Cushman, Work Auhoabeaey De.,doopn TIME & MAT-FIRL WORKSHEET Project: Wore Date: Foremen: TM No. Job No. OTY I LABOR REGHRS OfTHRS ObLTMHR$ REGRATE I ORRATE DSLTMRATE REGTOTAL MTGTAL BLTMTOLrL Lasater 5 78,42 $ 117.63 $ 156.84 S - $ - S pipelayer $ 83.72 S 125.58 S 1117,44 S - $ S OPaator S 08.59 0 144.89 $ 193.18 $ - $ - 5 Track Diver S 96.59 5 /44.89 $ 193.18 S - S Foren'on S 107.38 S 161.07 5 21476 5 - 5 - S Supedatondent 5 120.58 $ 180.37 S 241.16 S - S - S - Subtotal Mark Up% 15% S S - TOTAL S S S OTY 8AT'BOU1uMENY AMT. UNR TOilJ. Cat 3/5 Eaavalw HK 5 225.00 $ Compae0en Wheal MR 5 45.00 S - Mlarri40(450Fxcavalor MR S 185.00 $ - Composition Wheel MR 5 40.00 $ Cut 2401330-YuWn1320 EsavMcr MR S 140A0 5 - Compaction Wheal MR S 40.00 S - Cat 962Wheel Leader MR $ 127.00 $ Ca1950 Whealloader MR $ 110.00 S Lowbed TaclorTader MR S 95.00 5 - Cat Buddhas MR $ 88.00 $ - CoapewonWnenor9rcaker MR S 30.00 S - Boom These MR 5 52.00 $ - Super 10 Dump Truck MR 5 125.00 5 - 6 Wheel Dump Track MR $ 52.00 S - 6 Mee) Flat Bed Truck MR $ 45.00 S - Raker MR $ 65,00 S - ChmTmckMNToals MR $ 40.00 $ DNNeryTrack MR S 35.00 $ Vactor Pump Truck MR S 220A0 $ - Miss Toals Sharing Jachs- pereach Day $ 13.00 $ - TrcnrJrPlates- par soon Dcy S 13.00 $ - Tmnm ShIeW Day S Isom $ Manhole Shield Da!• 5 99.00 S - 3•purepwn..rdslors Day S 109.00 $ - KAO LF S 18.00 S - Carl Day 5 92.00 $ - AlrComprasse: Day $ 135.00 $ Air Blame Day $ 70.00 S - ConfinedSpaceEq,ilpmmnt bay S 768.00 3 - Gas 00teglonEquipment Day 5 59.00 S - Treble now Board Day 5 125.00 5 - TralfeSaMadcs Day $ 2.25 S - TrafMCormuDalinealom Day 5 225 $ Walk Behind Vibmlory Plate Day $ 81.00 S Mist Small Tools Day S MW $ - Se0 aM1 3 YGc'c $ :Jar 5.,...T =le': tTT=pi s s s s s s s 9 S. S - ^•.hl.I $ M8.1 Ur.. 15% $ - TO AL $ T••al rwiesd?front •11'...f)AMr•H. iET R r City Council 13 &ndasL; 198 7/20/2021 Public Works Agency www.santa-ana.org/pw Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Median Landscape Maintenance Services AGENDA TITLE Amend Agreement with Landscape West Management Services, Inc. to Increase the Annual Contract Amount by $250,000 for Median Landscape Maintenance Services (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services, Inc., for right-of-way and median landscape maintenance services, to increase the annual amount by $250,000, for a total annual amount not to exceed $1,270,000 and a total agreement amount not to exceed $5,080,000 for the remaining term of the agreement ending on June 30, 2023, plus a two-year extension exercisable by the City Manager and the City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Maintenance Services Division (Maintenance Services Division) is responsible for maintaining over 30 miles of City street medians and neighborhood entry areas. The services include, but are not limited to, mowing, weed mitigation and removal, trash removal, and irrigation system maintenance. On July 2, 2019, the City Council approved an agreement with Landscape West Management Services, Inc. for $770,000 to provide median landscape maintenance and right-of-way cleaning services. In December 2020, the agreement was increased by $250,000, for a total amount not to exceed $1,020,000. The increase to the contract was necessary to maintain and preserve the City's new median improvements and address an increased need for service due to vandalism, theft of the watering control systems, and destruction of plants. Right- of-way and median landscape maintenance services and costs continue to rise, creating an additional need for funding to continue to deliver the current service level. Staff recommends increasing the annual agreement amount with Landscape West Management Services, Inc. by $250,000, for a total annual amount not to exceed $1,270,000. The need for the increase is reflected and supported in the FY 2021-22 City Council 14 — 1 7/20/2021 Amend Median Landscape Maintenance Services Agreement July 20, 2021 Page 2 Maintenance Services budget. Funding will assist in maintaining the aesthetic appearance of medians and addressing the increased need for service due to vandalism, theft of the watering control systems, and destruction of plants. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are available for expenditure in the Public Works Agency, Special Gas Tax Median Landscaping account (No. 02917635-62300, 62320) in the current Fiscal Year 2021-22 and will be budgeted in subsequent fiscal years. Funds will be spent according to the spending plan below: Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account # Description Account Description CURRENT ANNUAL CONTRACT (1ST TWO-YEAR EXTENSION — YEAR 1 of 2) Special Gas Median Landscaping, 2021-22 02917635-62300 Tax Contract Services- $60,300 Professional Median Landscaping, 2021-22 02917635-62320 Special Gas Maintenance & $959,700 Tax Repair Building & Grounds REQUESTED AMENDMENT Median Landscaping, 2021-22 02917635-62320 Special Gas Maintenance & $250,000 Tax Repair Building & Grounds ADJUSTED SUBTOTAL $1,270,000 ADJUSTED ANNUAL CONTRACT (1ST TWO-YEAR EXTENSION — YEAR 2 of 2) Median Landscaping, 2022-23 02917635-62320 Special Gas Maintenance & $1,270,000 Tax Repair Building & Grounds ADJUSTED SUBTOTAL $1,270,000 1ST TWO-YEAR EXTENSION ADJUSTED TOTAL $2,540,000 OPTIONAL EXTENSION 2023-24 02917635-62320 Special Gas Median Landscaping, $1,270,000 Tax Maintenance & City Council 14 — 2 7/20/2021 Amend Median Landscape Maintenance Services Agreement July 20, 2021 Page 3 Fiscal Accounting Unit Fund Accounting Unit, Amount Year — Account # Description Account Description Repair Building & Grounds Median Landscaping, 2024-25 02917635-62320 Special Gas Maintenance & $1,270,000 Tax Repair Building & Grounds OPTIONAL EXTENSION SUBTOTAL $2,540,000 GRAND TOTAL $5,080,000 EXHIBIT(S) 1. Agreement with Landscape West Management, Inc. 2. Fourth Amendment to Agreement with Landscape West Management, Inc. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 3 7/20/2021 EXHIBIT 1 F INSURANCE NOT ON FILE A-2019-103 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: JUL 2 2 2019 AGREEMENT TO PROVIDE RIGHT OF WAX AND r �� MEDIAN LANDSCAPE MAINTENANCE SERVICES �h�1tl �r,.�I31S AGREEMENT is made and entered, into this 2nd day of July, 2019 by and between Landscape West Management Services; Inc. ("`Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existingunder the Constitution andlaws ofthe State of Califorxia C"City`�. RECITALS A. On May 2, 201 �, the City issued Request for Proposal No. 19-016, by which it sought a contractor to provide right-of-way andmedian landscape maintenance services for the Maintenance Services Division of the City's Public Works Agency. & Contractor submitted a responsive proposal that was sclectei by the City. Contractor represents that it is able and willing to provide the services describes in the scope of work that was included in RFP No. 19-016 and addendum thereto. C. hi undertalWng the performance of this Agreement, Contractor represents that it is knowledgeable in its fieli and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting film in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms acid conditions hereinafter set forth, the parties agree as follows; I.. - SCOPE OF SERVICES Contractor shall perform the services that were described in the scope of work that was included in RFP No. 19-016 and addendum thereto, and that is attached as Exhibit A. Contractor's proposall is incorporated in full by reference herein. 2, COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit H. The total annual sum to be expended under the term of this Agreement, inclusing any extension periods, shall not exceed $770,000. This sum is comprises of (1) the base amount of $700,000 raid (2) a 10% contingency in the amount of $70,000 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-ftvo (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 perfarmance set forth in the Recitals ani Scope of Work, which may reasonably be expected by City, Page t of $ City Council 14 — 4 7/20/2021 3. 'ITRNI This Agreement shall commence on the date first written above and terminate on June 30, 202I, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two 2-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILWG WAGES Contractor 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 &, 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 `Snaintcnance" project, as defined by the Prevailing Wage haws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any clann or liability arising out of any failure, or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agrcement 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 Contractor petiarms the seivices which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar nixes 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, reusc, 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 Contractor under this Agreement C Nocuments & Data'J. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license :for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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 he at City's sole risk. page 2 of S City Council 14 — 5 7/20/2021 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shalt 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 Contractor'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 ofinsureis 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an arobitect 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 Contractor pursuant to this section: (i) Contractor 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 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 Contractor, without thirty (30) lays prior written notice to the City, (iv) Contractor shall supply City with a fully executed additional insured endorsement. Page 3 of g City Council 14 — 6 7/20/2021 f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (I) for personal injury, damages,,just compensation, restitution, judicial or equita"ble relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, 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 Contractor 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 equitableretief 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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limitei, to the extent requirei by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconitiet of the Contractor. 4. INTELLECrUAL PROPERTY INDEMNIFICATION Contractor shall iefend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for in%ingement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this AgreLawnt. Contractor shall maintain complete and accurate records with respect to the costs incurred under tkis 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 Page 4 of 8 City Council 14 — 7 7/20/2021 law, from the date of final payment to Contractor tinder this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor tinder this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such infomration 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 disclose) to either patty 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 Contractor disclosed in a publicly available source; (e) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1.988 Executive Director Public Works Agency City of Santa Ana Page 5 of 8 City Council 14 — 8 7/20/2021 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Landscape West Management Services, Inc. 1234 North Blue Crum Street Anaheim, CA 92806 Atkt: Michael Craribay, President 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, conmtunicatiort shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered at ceriified, 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 tratiamission report issuei 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 Contractor 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 terns 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 Contractor. 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 Contractor 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, wMeb are not embodied herein. 15. ASSIGNMEN r Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 fire services which are the subject to this Agreement performed by City personnel or by other Contractors 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 Page 6 of S City Council 14 — 9 7/20/2021 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 rmless prohibited by law, and Contractor 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 staYdard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor 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 correction with any activities under this Agreement. Contractor 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, perfonnance, and enforcement of any of the clauses of this Agreement shall be determined ant govexacd 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, 20. PROFESSIONAL LICENSES Contractor shall, tbrnughoat 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, Contractor 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. Page 7 of B City Council 14 — 10 7/20/2021 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 ani 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 references herein and attached hereto shall be incorporates as if fully set forth in the body of this Agreement. IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement the date ans year first above written. ATTEST: Norma Mibre Acting Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By J .- n M. Funk Assistant City Attorney Public veils. PE, PLS Director rks Agency APPROVAL CITY OF SANTA ANA /. Kristine Ridje City Manager CONTRACTOR Awl Name: i,4; 4 Ae i &rdn Title: Vonidw+ Page 8 of 8 City Council 14 — 11 7/20/2021 EXHIBIT A SCOPE OF WORK GENERAL REQUIREMENTS 1. Licenses and Permits The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C-27 and a City of Santa Ana Business License. 2 Compliance with Applicable Laws and Regulations a Contractor shall perform all requirements under and in strict observance of anti compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. b. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as fi may be amended or updated throughout the term of this contract, a Note that all locations and quantities are subject to change at anytime in order to respond to unforeseen situations that may arise. City will provide Contractor with as much advance notice as reasonably possible to allow Contractor to adjust schedules and workforces accordingly. 4. Oversee workforces to ensure that work is being performed with all due diligence, quickly, and thoroughly and for all the designated work area. 5. Perform scheduled and random checks with Project Manager or designee to ensure that all work is being performed satisfactorily. 5. Provide courteous interaction, direction, information, and referrals to all visitors, property owners, Police Officers, other City employees, or related agencies. 7. Minimum Service Levels a. Provide the required number of laborers, technicians, supervisors, and workers as specified below and throughout these specifications. The City has determined these are the required staffing levels necessary to accomplish all of the work requirements within the allotted hours as indicated In the specifications, b. Contractor shall provide three (3) crews each day (Monday — Friday) for scheduled work (Weed Abatement Crew and Alley Crew). Contractor shall provide one City Council 14 — 12 7/20/2021 Irrigation Technician as well as one additional crew for as -needed cleaning and clearing services as requested. a Note that from time -to -time and site -to -site more workers will be needed and Contractor must provide additional workers at the rates stated In the eBid Line Items for services requested by the Proiect Manager or his/her designee, a DIR Registration This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2016) unless registered with the Department of Industrial Relations pursuant to Labor Cade section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that cert'ifieo payrolls shall be submitted electronically directly to the Department of Industrial Relations. a Prevailing Wage The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination' made by the Director of Industrial Relations ! Pursuantto California Labor Code Part 7, Chapter 1, Article 2, Section 1770,1773 and 1773.1). The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $60 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. 1Q Prevailing Wage Compliance and Monitoring Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, at seq., as well as California Code of Regulations, Title 8, Section 16000, at seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirement on "public works" and °maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by Prevailing Wage Laws and since the total compensations €s#1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall City Council 14 — 13 7/20/2021 provide contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, Its elected officials, officers, employees and agents free and hamtlessfrom any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. II. TRASH REMOVAL. AND DISPOSAL: 1. Note the trash likely to be encountered during the course of cleaning includes but is not limited to litter, trash, bio•waste an4l hypodermic needles, plastic, and cardboard containers, plywood, used lumber, discarded furniture, and small appliances, toys and other household Items. 2 Remove and dispose of items listed above according to all applicable laws, codes, and requirements. 3. Note that trash removal is incidental to weed removal by either crew. It is included so that the areas looks clean after the weed removal work is completed. III, MEDIAN CREW 1. Provide 2 Grew sizes as follows: 3 person crew=1 Leadworker+2 Laborers 3 person crew= 3 Laborers 2 Provide the crew daily. The assignments may change during the day to respond to urgent requests. Homeless camp debris removal may occur several times a week. 3 Provide the necessary labor, materials and equipment to remove weeds from all medians, linear barks, sidewalk areas, planters and public lots. 4 Remove the trash encountered in areas immediately adjacent to weed clearing along with the weeds. 5 Remove by hand or mechanical means, all weeds from medians, sidewalk and street curb joint. 6. Maintain and clean the tree wells to enhance appearance and cleanliness of City parkway tree wells by removing weeds and litter. 7. Maintain median islands and remove weeds, sucker grovrth, debris and trash as directed per Scope of Work. a Remove all litter (trash, paper, cans, bottles, signs and other debris). City Council 14 — 14 7/20/2021 a Remove all unwanted natural or environmental materials, Including, but not limited to biowaste, hypodermic needles, dirt, slit, feces, soot, weeds, 10. Clean, cut, clear, and remove weeds and remove of light to medium amounts of trash by using hand-held equipment like weed eaters, rakes, brooms, and leaf blowers. Leave no piles, or residue with rake marks, Sidewalk surface shall be clean of leaves, litter, and dirt. 11. Crew must be self -directed and report directly to the main office of Contractor. 12 Crew must be `on -call" and carry a dedicated cell phone and be available during normal business hours on all workdays. 13 The Contractor shall collect all clippings, trimmings, cuttin#s, rubbish and debris, and posted signs at all work sites and dispose of same in a lawful manner per contract requirements at the Contractor's expense. 14. All trash and debris shall be removed from all warksites a minimum of one (1) time per week. 16 The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by Projects Manager or designee. 16. After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc. Contractor shall respond to calls from Projects Manager or designee immediately. Contractor shall patrol all areas urin heavy windstorms for trees down, fallen branches, hanging branches, debris, and other potential hazards. 1Z The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt or soil. Tree wells shall be maintained weed free. I& Additional duties that may be required of the Median Crew may include the following: clear catch basins during winter rain and storms, fill sandbags, remove extra trash and debris generated by special events, remove litter and vegetation at City -owned parcels, remove homeless camp debris, and assist street sweepers In debris removal during weather events, ex. wind or rain. 19. All turf shall be moored weekly with mulching mowers. Subject to the approval of the Projects Manager or designee, the contractor may reduce the mowing frequency to biweekly during periods of rain or prolonged cold. All grass clippings shall be left in place with the exception of large accumulations, which shall be collected and removed after each mowing. 20. All turf shall be cut to a height appropriate for the type of grass being mowed. Mowers shall be maintained in optimum condition with sharp blades to provide a smooth, even out without tearing of the leaf blades. 21. All turf and hardscape areas shall be free of turf clippings, plant debris and trash at the end of the soheduied mow day. 22. All turf shall be edged with blade trimmer adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained as if the turf area abuts a shrub bed or property line. Edging and detailing shall be performed weekly. City Council 14 — 15 7/20/2021 Following each edging, all edging debris shall be removed. 23. All turf growing adjacent to irrigation hardware, tree trunks, or any other landscape amenity shall be neatly detailed by string trimmer and/or chemicals to twelve (12) inches in all directions of said objects_ If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of photo toxicity become recognizable. 24. Any damage, as determined by the Projects Manager or designee, caused to Irrigation components, sprinklers, valves, etc„ or plant material by edging equipment and/or mowers shall be replaced by the Contractor at Contractor's expense. 25. Lawns shall be fertilized four(4)times annually with a'complete fertilizer", Fertilizetwo (2) times per year during the months of December and February using 22.3-9 at the rats of five pounds (5 lbs.) per 1000 square feet or approved equivalent program. During the months of June and October fertilize with 16-8-8 at the rate of six pounds (6 lbs.) per 1000 square feet four (4) times per year, or approved equivalent program. 26, Due to the broad geographical area of the contract, the City may from time to time adjust or change the fertilization specifications contained herein as a result of consultation with Contractor or recommendations of a horticultural soils and plant laboratory report for each site. All fertilization shall be included with the landscape maintenance of each contract area. Contractor shall supply and transport all requireil fertilizers and include costs in the bid to the City. 27. Turf areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water, 28. Wherever or at any time that an Irrigation system Is damaged, fails or does not adequately cover the turf area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the turf area. 29. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4;00 a.m. and shall be programmed to prevent excessive runoff, pending or over watering. 30, Contractor shall respond immediately to signs of turf stress. Turf lost due to stress shall be deemed contractor negligence, as determined by the projects Manager or designee, and replaced at Contractor's expense. 31. Contractor shall develop and maintain a program to ensure that all turf is maintained free of fungus, insect Infestations and/or turf diseases at all times. 32. Damaged and/or bare spots in turf shall be Immediately repaired at the time of detection. 33. The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc. Trees damaged by Contractor shall be immediately replaced at Contractor's expense. 34. Each year, all turf areas shall be over seeded with Eagle Blend or equivalent perennial rye grass at the minimum rate of seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non- turf area. Dethatching and/or deep scalping of the turf may be required as directed by the Projects Manager or designee. Seeds shall be guaranteed free of disease, pests, or other foreign grasses or weeds. City Council 14 — 16 7/20/2021 35. The Contractor shall apply an approved pre -emergent herbicide to all turf areas a minimum of one (1) time per year and{or as directed by the Projects Manager or designee for control of 2 types of weeds. At no time shall weeds be allowed to remain in turf areas. 36. Contractor shall flag all Irrigation sprinklers prior to commencement of work complete. 37. Damage because of rodent activity shall be repaired at Contractor's expense. 38, The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. 39. Where ground cover grows under pine trees, the Contractor shall use a combination of techniques (raking and blowing) to prevent the build-up ofneedles from forming on the ground cover. 40. Ground cover plants shall be added, as needed, to ensure a solid mass planting in conformance with the original Intent at no cost to the City. 41. Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacements of shrubs will be approved by Projects Manager or designee. 42. Wall vines adjacent to and coming from City landscapes are a part of the maintenance of this contract. Wall vines shall be kept trimmed approximately four (4) Inches from the wall and eight (8) inches below the top of the wall. Where wall vines have been allowed to grow over the top of the wall, the Contractor shall keep wall vines trimmed down to the top of the wall. Wall vines may require trimming two it more times per month during the growing season. 43, All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the Projects Manager or designee. Nad or damaged limbs or branches shall be cleaned out and removed with sharp pruning tools with no projections or stubs remaining. Pruning shall be done In a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on some shrubs, as designated by the Projects Manager or designee. Shear hedging or severe pruning of plants, unless authorized by the Projects Manager or designee, shall not be permitted. Should the Contractor shear hedges or severely prune plants and disfigure or damage the plants, the contractor shall be responsible for replacing those plants with like kind and size as determined by the Projects Manager or designee. The Contractor may be requested from time to time to raise the bottom or lower the tops of the shrubs for security reasons, This shall be considered routine maintenance and performed at no extra cost to the City. 44, Shrubs shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such othertimes when directed by the City. Infill planting of bare shrub areas shall be replanted in the months of March through June with plant material of the same species one time per year as part of routine maintenance at no additional cost to the City. City Council 14 — 17 7/20/2021 45. All shrubs shall be property Irrigated to maintain a healthy condition. Shrub areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shrub areas shall be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. 46. Wherever or at any time that an irrigation system Is damaged, fails or does not adequately cover the shrub area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the shrub. 47. Contractor shall respond Immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the Projects Manager or designee, anwi replaced at Contractor's expense. 46, The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determtr a by the Projects Manager or designee, at no additional cost to the City. 49. All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. Ali mulch material shall be of a recycled product free from foreign grasses and weeds and shalt be approved by the City. At no time shall weeds be allowed to remain In bare or planted areas, 50. Shrubs shag be pruned as required to ensure clear vehicular and pedestrian visibility and clearance. Remove broken or diseased branches and provide general containment and good appearance. 51. Plant material encroaching onto or from City property shall be trimmed back to property line at City's discretion depending on circumstance, i.e. plants growing over fences and sidewalks from private property adjacent to contracted areas shag be trimmed back to the property fine. 52. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use, i.e. vines not growing into other plants, etc. Coordinate with Projects Manager or designee. 53.. Continuously remove any spent blossoms or dead flower stocks, as required, to present a neat, clean appearance. 54. Plants growing over curbing and/or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmer on a natural taper rather than vertical, so as not to appear to be hedged. 55, Ailing or stunted shrubs shall be removed at time of riiscovery and replaced In kind within five (5) working days. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients within three (3) working days of discovery. Contractor shall replace shrub failure that is determined to be due to Contractor's neglect or improper treatment at his expense. IV. RIGHT OF WAY CREW 1. Provide a crew size as follows: 3-person crew = 1 Leadworker+2 Laborers City Council 14 — 18 7/20/2021 2 Perform the work daily. a Provide the necessary labor, materials and equipment to remove weeds from an sidewalk areas, planters and public lots. 4. Remove all litter (trash, paper, cans, bottles, signs and otherdebris). 5. Remove all unwanted natural or environmental materials, including, but not limited to bio-waste, hypodermic needles, dirt, silt, feces, soot, weeds, 6. Clean, out, clear, and remove weeds and remove of light to medium amounts of trash by using hand-held equipment like weed eaters, rakes, brooms, and leaf blowers. Leave no piles, or residue with rake marks. Sidewalk surface shall be clean of leaves, litter, and dirt. x Crew must be self -directed and report directly to the main office of Contractor. a Crew must be "on -calf and carry a dedicated cell phone and be available during normal business hours on all workdays. a Additional duties that may be required of the Right of Way Cew may include the following: clear catch basins during winter rain and storms, fill sandbags, remove extra trash and debris generated by special events, remove litter and vegetation at City -owned parcels, remove homeless camp debris, and assist street sweepers in debris removal during weather events, ex. wind or rain. 10. Note the trash likely to be encountered during the course of Right of Wav leans g includes but is not limited to litter, trash, bio-waste and hypodermic needles, plastic, ansi cardboard containers, plywood, used lumber, discarded furniture, and smatl appliances, toys and other household items. 11, Remove and dispose of items listed above according to all applicable laws, codes, and requirements. 12 Note that trash removal Is incidental to weed removal by either crew. it is Included so that the areas look clean after the weed removal work is completed. la. The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris, and posted signs at all work sites and dispose of same In a lawful manner per contract requirements at the Contractor's expense. 14. All trash and debris shall be removed from all worksites a minimum of one (1) time per week. 15. The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by Projects Manager or designee. City Council 14 — 19 7/20/2021 16. After heavy windstorms, the entire contract area shall be cleaned of lifter, fallen branches, etc. Contractor shalt respond to calls from Projects Manager or designee immediately. Contractor shaft patrol all areas 9U= heavy windstorms for trees down, fallen branches, hanging branches, debris, and other potential hazards. 17. The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt or soil. Tree wells shall be maintained weed free. V. IRRIGATION TECHNICIAN 1. The Irrigation Technician shall physically Inspect (by manual or semi -automatically running the Controller) the operation of all systems weekly. The Irrigation Technician shall maintain all sprinkler systems In such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, including but not limited to, adjustment of heads or inserts, or replacing of inserts, etc., to prevent excessive over spray/runoff into street right-of-ways or other areas not Intended to receive irrigation over spray/runoff. (Exhibit 1) VI. OPTIONAL AS -NEEDED CLEANING AND CLEARING Crew Size: varies depending on need; City estimates, but does not guarantee or imply 1,000 hours per year for City -requested optional as -needed services. A. These as Needed Cleaning and Clearing Services will be compensated at the regular hourly rate on the appropriate Price List item. B. City will issue a work order request for such work to be performed. C. These services include, but are not limited to: ■ Remove slit, weeds, and debris In Orphan Parkway locations • Maintain and clean the tree wells to enhance appearance and cleanliness of City parkway tree wells by removing weeds and litter, and installing City -provided wood chips and mulch. • Clear catch basins during winter rain and storms. ■ Fill sandbags. ■ Remove extra trash and debris generated by special events. ■ Remove litter and vegetation at Cfty-owned parcels. • Removal of homeless camp debris and rubbish. City Council 14 — 20 7/20/2021 ff Maintain median islands and remove weeds, debris and trash as directed. ■ Assist street sweepers in debris removal during weather events, ex. wind or rain. VII. OTHER PROVISIONS/ REQUIREMENTS —non specific A. Contractor Data Entry for Maintenance Work a. The City uses a computerized asset/work order system (Cityworks) and APP (mySantaAna) to record all work performed against City owned assets. b, The Contractor will be required to utilize the City's computerized system (Cityworks & mySantaAna) to record ALL maintenance work performed for this contract. c. The City will provide training and instruction to the Contractor on the use of the Cityworks and mySantaAna system and APP. d. The Contractor will be required to obtain a cellularNVi-Fi enabled Apple branded tablet (!Pad) for each crew, to perform the required data entry in the field. The Contractor will be solely responsible for maintaining the device in working order to complete the required data entry for the City. e. The Contractor Will be required to obtain a cellular Internet data plan cost using one of the following carriers (AT&T wireless, Verizon, T-Mobile or Sprint). 2. Maintenance Function Checklist and Reports a. Daily Attendance Sign in Sheet: Provided by the Contractor on a daily basis by 7:30 am, including the signatures of each laborer and crew assignment, date, and hours to be worked. Contractor shall update the hours worked If any laborer leaves early. b. Daily Work Report: Prepared by Contractor on a daily basis and specifies the work performed; date performed; and labor, materials and supplies used, and amount of trash and debris collected (measurement method to be agreed upon). c. Weekly Report I. Due: Monday of every week U. Contents: Ensure that the report contains all the required and approved content, which may include, but not limited to: III. Description of work completed iv. Materials used v. Defects found V. Results of patrol/observation and inspections City Council 14 — 21 7/20/2021 vit Description of the actual inspection, observation, repair andfor maintenance of landscaping, signage, lighting, streetscape, and graffiti viii. Observations of safety issues, potential hazards, public nuisances, and minutes (notes) from any other City -required meeting (e,g, maintenance project meetings, field reviews, etc,) d. Report Guidelines: L Submit records in the time required, in the method required, and on the forms required. it Include any pertinent Information or backup documentation with your reports. Ill. Submit all reports prior to submission of the monthly invoice; otherwise payment will be withheld, iv. Provide an equipment time report using a form provided indicating the hours worked each day of the pay period. v Monthly payment will not be made until reports are received by City. e. Documentation L Digital Photo Sampler Report a. Take a series of before -and -after photos of items, areas, or incidents that Contractor responds to as specified by City. b. Maintain these photos electronically and make them available for inspection by City at any time. c. identify photos by location, description, etc. before or after, date and time of photo taken. li. Production Reports a. Email to City each month. b. These reports will include: 1. Amount of trash and debris removed 2. Incidents completed (i.e. number of homeless camps cleared, other assigned duties, etc.) 3. Other Incident related data 3. Meetings a. General Guidelines Document all meetings and prepare corresponding action list is generated, Initiated, and completed by the time required. b, Attendees Project Manager and/or designee and Contract Supervisor must attend meetings, in person, with the PW management team. c. Operational Meetings City Council 14 — 22 7/20/2021 1. Purpose: To address Issues regarding: upcoming events, blackout dates, Scheduling; and other issues of concern. 2. Held on: Third Thursday of every month or as specified, 3. Location: PW office 220 S. Daisy, Santa Ana, CA 92705 d. Service Level Inspections a. Provide an English-speaking Contract Supervisor to tour the contracted area with the Project b. Manager or his/her designee twice a month to determine com plia nee with the specifications and to discuss required work. c. Contractor's Supervisor must be authorized to sign documents and/or effect changes to the work being performed. e. As -Needed Meetings Meetings as necessary to address immediate Issues regarding: Safety, Injury, or Damage; Public Nuisances; Business Interactions; Work Performance Delays; Repair or Maintenance Issues; and other Issues of Immediate concern. Attendees: Contractor Supervisor and or Contractor Management Representative as appropriate to the nature of the meeting. f. Subject Matter to include, but not be limited to administrative issues, billing questions, contract issues, operational, safety issues, and service issues. 4. Contractor Employees/Uniforms/Vehicies/Place Of Business a. All Contractor Employees; 1. Ensure that all Contractor employees performing work in conjunction with this project are always courteous, professional, competent, and do not cause any undue disturbances. 2. Remove any employee who is determined by the Project Manager or his/her designee to be incompetent, working Inefficiently, disorderly, intemperate or otherwise objectionable Immediately removed from work under this agreement and replace with a satisfactory replacement. 3. The City of Santa Ana Is committed to a safe workplace. The Project Manager or his/her designee may direct Contract Supervisor to immediately remove any worker who is unfit for duty. 4, Employees must present a neat, well-groomed appearance at all times. 5. Perform the work while minimizing disturbance to the citizens, residences, and businesses. ti. Workers must have basic knowledge, experience, skills and abilities in general labor, custodial maintenance, landscaping maintenance, cleaning, trash handling, landscape care and street safety procedures to perform the scope of work requirements In accordance with the specifications at all times. Workers who do not demonstrate these capabilities shall be replaced at the request of the Project Manager or his/her designee. City Council 14 — 23 7/20/2021 5. Contract Supervisors and Lead workers a. Provide an English-speaking Contract supervisor and Lead workers who are fully trained and knowledgeable in all aspects of these requirements: b. Equipped with a working, fully -charged, capable of taking and sending photos and emails, cellular phone, to enable Immediate contact with Project Manager and/or designee, c. Contract Supervisor and Lead workers must demonstrate skills including, but not limited to the following: 1, Basic principles of supervision, directing, planning, controlling, training and appropriate safety procedures. 2. Ability to safely direct the work of crews engaged In maintenance activitiesin a high vehicle and pedestrian traffic area. 3. Ability to effectively communicate in verbal and written form In order to solve daily problems. 4. Contract Supervisor must have the authority to sign documents and/or effect changes to the work toeing performed, 5. Contract Supervisor must be able to tour the Area with a Project Manager or his/her designee on an as -needed basis for the purpose of determining compliance with these specifications or to discuss required work. 6. Contract Supervisor is responsible for ensuring the crews are accomplishing the scheduled work per the specifications. 4. Uniform and Safety Vests a. Pay for and bear the maintenance cost of uniforms for all employees working on the project. The uniforms must bear Contractor's company name. b. The uniform must be worn as a complete unit and be fitted properly. The uniform must be maintained in a clean and neat order with no rips, tears, or permanent stains present. c. Must wear Identification and appropriate safety vest at all times, which must be furnished by the Contractor. 5. Vehicles and Equipment a. Ensure that all contractor vehicles and ewuipment used in performing work in conjunction with this project are mechanically and operationally sound; have well -maintained exteriors; clean; have well -organized tool racks; bear Contractor's company name, which is to be visible on both sides of the vehicle; have current California registrations and licenses. b. Vehicles of Contractor must have magnets which Is to be visible on both sides of the vehicle that say "Contractor for City of Santa Ana' and bear the city logo. c. Vehicles must have 360-degree operational warning tights or traffic notification light bars. City Council 14 — 24 7/20/2021 d. Have a suitable stake side compactor truck or trailer for hauling weeds, rubbish, and brush. Trucks should have sufficient capacity to minimize trips and maximize productivity; (typically a 2-ton capacity). The truck hail be equipped with an arrow board for lane closures. e. Provide power and hand tools of sufficient quantity and quality to handle the job as specified. Examples of such tools are string trimmers (weed eaters), brush cutters, catch bags, sod cutters, toppers„ handsaws, and various hand tools. f. Provide and assure usage of appropriate safety equipment as required by Cal/OSHA for all hand crews, including, but not limited to hearing protection, dust masks, helmets, boots, gloves, goggles, chaps, shin guards). g. Furnish, provide, and operate, at Contractor's sole expense, mobile phones capable of taking and sending photos and emalls. Ctty may ask the contractor to also use the "My SantaAna" phone app. h. Replace immediately, any equipment that does not meet the foregoing as may be determined by Project Manager andfor designee's sole discretion. Insure that all crews, equipment, and trash are secure In vehicles at all times. B. Place of Business a. Maintain an office at a fixed location corresponding to current business license. b. Maintain an assigned telephone nun-ber under Contractor's personal name or the legal company name. c. Have a capable person employed by Contractor available to take the necessary actions regarding all inquiries and complaints from City and/or private citizen during regular work hours at said office. Traffic Controls a. Maintain clear ingress and egress areas, sidewalks, vehicle travel lanes, driveways, and the like at all times unless immediate work prohibits such clearance b. Inspect and identify any conditions) that renders any portion of the areas under maintenance unsafe, as well as any unsafe practices occurring thereon and keep a tog indicating date inspected and action taken. Notify the Project Manager or hisiher designee immediately of any unsafe condition that requires major correction. c. Make minor field corrections, including but not limited to, placing traffic cone In holes to protect members of the public or others from Injury and report immediately to the Project Manager or his/her designee. d. Cooperate fully with City in the Investigation of any accidental injury or death occurring on the designated work areas, Including a complete written report thereof to the Project Manager or his/her designee within five (5) days following the occurrence. City Council 14 — 25 7/20/2021 e. Cooperate with local authorities relative to handling traffic through the area and must make arrangements relative to keeping the working area safe and clear of vehicles. Provide a towed or mounted arrow board for all lane closures. g. Note most work should be performed without obstructing the flow of traffic whenever possible. If lane closure is required, abide by WATCH manual. 9. Performance during inclement weather During periods of inclement weather, i.e. rain/wind; Contractor's workforce shall accomplish work not affected by such weather, i.e. litter pick up/spent blossom removal, preventative maintenance, etc. a. Contractor shall stake and re -tie trees as required, b. Drains shall be checked and cleaned as necessary. G. Contractor shall remove all branches and debris resulting from inclement weather. d. Contractor may be required to perform additional clean-up tasks due to inclement weather. 9. Recycling All organic waste (including leaves, grass clippings, brush, branches, and treeparts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be taken to the landfill. The names and addresses of the licensed green -waste composting or processing companies, and haulers, along with the tonnages used and receipts, shall be provided to the Projects Manager or designee in a monthly written report and an annual written report. 10, Disposal At least 100% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to Include location, tonnage, etc. on a monthly basis to the City. Contractor shall dispose of all trash and debris. Contractor shall dispose of all landscape debris through a landscape material recycling center such as Tierra Verde Industries. Contractor shall not dispose of landscape debris In a landfill without prior approval from the Projects Manager or designee. Contractor shall pay all disposal fees and submit a copy of receipt as part of the landscape monthly reports. At no City Council 14 — 26 7/20/2021 time is the Contractor permitted to use City dumpsters. 11. Emergency Services The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force Is not present In the City of Santa Ana. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. 12. Damage Repair a. All damage incurred by the Contractor's operations shall be repaired or replaced in kind and size at the Contractor's expense. b. Irrigation repairs shall be completed within twenty-four (24) hours using approved materials. c. Non -irrigation repairs shall be completed within seven (7) working days and shall be repaired using only pre -approved materials. 13. Vandalism Contractor shall be responsible for the labor to repair damaged landscaping caused by vandalism or vehicle accidents with material costs to be reimbursed by City. The Contractor shall submit Invoicing to establish cost of materials. 14. Holiday Table: Holiday LN DATE. EVENT 1 ._ January 1 r Mew Yea r s Day ___ 4 Ma ,last Monda Memorial Day 5 July4 independence Day 6 September, first Monday Labor Day 8 November, fourth Thursday Thanksgiving Day 1 10 December 25 I Christmas Day 15. Penalties and Fines Failure to comply with specifications of contract or requests from the Projects Manager or designee and/or creating unnecessary delays, as determined by the Projects Manager or designee, may be cause for fines and penalties in the table below until said request(s) is completed. This shall be deducted from routine monthly maintenance payments. City Council 14 — 27 7/20/2021 Table; Liquidated Damaces LN WOLATION Amount 1 Failure to perform required/scheduled work: missed or late, $100.00 per in correct number of workers per contract, missed occurrence per day meetings without prior notification. 2 Safety violation and/or failure by Contractor to comply with $200.00 per the most current Work Area Traffic Control Manual occurrence W.A.T.C.N. 3 Failure to remove any significant amount of litterfdebris $200.00 per (generated by crews) from work site same day as occurrence generated. 4 Blowing or sweeping debris onto private property, public $200.00 per streets, parking lots or Into storm drains. occurrence 5 1 Failure to provide reports, schedules and other deliverables $100.00 per without notice and agreement by CR. occurrence 16. Maintenance Frequency Schedule FIIf?i rliw FIEtTUENCY . Turf Maintenance Mowing OnceANeek Edging Once/Week Clipping Removal OnceMJeek String Trimming Once/Week Pest and Weed Control Weekly Visual Inspection Weekly Chemical Weed Control As needed Debris Removal oncemeek Ground Cover Maintenance Trim Pest and Weed Control Visual Inspection Debris Removal Shrub, Vine and Tree Maintenance Trim Shrubs Vines Visual Inspection Debris Removal Hardscape Maintenance Median with no/turf planting Debris Removal Grounds Policing/Litter Removal All other Areas Monthly Weekly OnceNVeek OnceNVeek Monthly or sooner If needed Four (4) times a year Once/Week OnceNVeek Weekly Weekly OnceNVesk Every week Work Schedule and locations to be provided by City as Exhibits City Council 14 — 28 7/20/2021 17. Contractor shall be responsible for the labor to repair damaged landscaping caused by vandalism or vehicle accidents with material costs to be reimbursed by City. The Contractor shall submit Invoicing to establish cost of materials 18, The actual cost of all materials passed on to the City for extraordinary maintenance/repairs shall be wholesale cost of the materials. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, Including discounts available. Receipts shall be required for reimbursements. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. • Typical costs of the Irrigation parts, plant material, etc. to be submitted to the City prior to approval. City Council 14 — 29 7/20/2021 EXHIBIT A MEDIAN LOCATIONS of Santa Ana dscaped Medians . MGSJLI f I"Jedians _WLight Tolerant &tedians artificial Turf Medians Note: 90% of Grass/Turf medians are now natural soil only — no grass City Council 14 — 30 7/20/2021 ROUTINE MAINTENANCE LOCATION MEDIANS, PARKWAYS, UINEAR PARKS, PARKS ANO SERVICE ROAD DIVIDERS "HIOIT 8 MONDAY CODE W9RH&N£ LOCATION Land,cano HAIJUOR Bath WINI NMV0 Imm TNSH %I1mw kl Y t, %IEDIAN MaeAritolTBWd. WPWY TO MIN O 1 2 Y NO Y y Y NO motm MaeADlnll BW. h1AJN TO RRMOL 0 d 5 T Y f Y Y NIA USOIAN hMCAMhT (WC. PLAZATOFAIRVIEW 0 0 T Y Y y T y NA AIEDIAN AIatAMl4 Mhd, RkR WEST OF SUSA14 TO HARBOR U 1 1 Y Y Y Y Y NA AIEDIAN SeaelNrom REOHILL TO OREENVILLE U 1 21 Y y Y Y Y H/A LIMAN BMeM,rm HMSORTOSANTAAtARNER 0 0 2 Y Y Y Y I Y NIA AIEDIAN sevemtm SHELTON TO BRISTOL NORTH BIOS 0 2 1 Y WA Y V Y N01 IdEDAN FAhVIel"t SUNFLOWER TO SFt ERSTpOM 0 0 16 y NIA_ Y_ y NIA MDIAN Bearet. SUNFLOWER TO AK3ER81ROM 0 d Y Y V Y y y hleoAN pM£a OF, SUNFLOWERTOP.IA- RTHVR Y Y Y Y Y Y MEDIAN HUB61 Bled. MAfARTHUR TO SEGERSTROO d 0 _ d• Y Y Y Y Y WA AIEDIAN Awlt et 6UNFLON RTO MACARTHNR 1 i Y NIA y y y y AIEDIAN ensto 91 SUNFLOWER TO ALTON 0 2 5 Y Y Y Y Y NIA MEDIAN hidln Si YUNFLOWEA TO M—UMSINE 0 1 2 y Y Y Y y HfA PLANTERINY hfa;ASVaet SUNFLOWER TO NORTH OF hPJAPHY 0 0 t y Y Y Y Y WA PLANTMiW M,TcAfth t MAIN TO FLOWER NORTH SIDE 6 0 a Y Y y Y Y WA PLANTE*AVY hfadtdhhl MIN TO PLOWER SOUTH S DE O D Y Y y y Y WA PLANTERmf $UNFLOWJ ft MAIN TO ROSS NORTH SIDE 0 2 2 y y Y y y NIA PL ER VtAMw FLOWER NORTHWEST CORNER D 1 0 Y Y Y Y Y WA PLANTER NhCEM(W FLOWER SOUTHWEST COMER D 0 1 Y y Y Y Y WA PLANTERT_ _ SeSemum _ RATTT NORTH WEPT CORNER' 0 D E T' Y Y Y Y WA PLANTER SMelslnm DOUGLAS SOUTH EAST GARNER - 0 1 0 Y Y Y Y Y WA PLANTER SeR2I%D'am GREENy1LLE NORTH EAST COMER 0_-0 1 Y Y Y Y Y NIA City Council 14 — 31 7/20/2021 MEDIAN S er,Nm CPO iDY ttIRTM SIDE TO SANTA AMA FIVER Y Y Y Y V IUA MEDIAN Sc4er51rcnl GkEENViLLE Ti iUVGLAS NOF7H SIDE Y V V Y \ WA k1ERIAN Sege:Stmn t'IESTO€ RYLEwOOD Y _ Y V Y Y Y NIA MEDIAN St, etS1lC.T EAST OF TNORTON PARK TO SAISTOL ( Y Y Y Y Y WA MEDIAN Muh Ltreel SUNFLOWER TO NORTH OF MURPHY Y t Y Y Y WA MEDIAN MW,111111 owERTOTOVtNEA NOATH 8IUE Y i Y Y Y Wp MEDIAN MA/Mmv, IEOMO KOPAL PARK TO FLOWER SOUTH VRE Y I 2 V I Y Y I WA hIEDIAN MgARhur BEAR TO RAM SOUTH SIDE Y 4 Y Y Y WA MEDIAN MJCArIm" FAIRVIEVY TO GREENVILLE SOUTH SIDE I Y 3 '/ Y Y NIA MEDIAN $UNFLiVXER MAIN TO ROSE NORTH 51lE Y 9 Y Y Y NlA N{"cDiAN SFINFi iWER FLOWER TO STEVENS? FLOOD CHANNEL-, 4 Y Y Y I WA MEDIAN 1FAIRvIew JWNFLOWER TO AIAGARTHUA FAW LICE Y T Y Y Y NIA LIEOIAN ISEGIR&TROMTOALTON Y 1 T 1 V I Y I Y I WA City Council 14 — 32 7/20/2021 TUESDAY CODE WORKSITE LOCATION WUW4 THM"ED1 PLWA I TMHl 1109.]WA M DIAN Womer Ave Re" to Broveolf6w 0 IG I Y N/A Y Y Y MEDIAN Va�er Avg^ iMe M $Belton soM LMP I Y NA Y Y NrA MEDIAN Wormer Ave ;N 10 vvest or ftmely 0 0 m Y Y Y V y MEi1AN Warner AVe Yale WHome, 0 2 0 V V Y y NrA MEDIAN _ EOin of 65 FWY'b Brrm'l 0 0 y$ Y Y Y Y NIA M-D[AN EONOer smoov 10 MTV munt wt 0 1 0 Y Y Y Y WA I.'M]" Edlnof Plower to PM CWih mde 0 0 $ Y Y Y Y NrA l.MOMN PJ11anH Polk w Dow $0411h 51de In 1 2 Y Y y Y NIA NIA MEDIAN KA6on lefflow With of 1 0 0 Y Y Y Y MEDIAN KA6M Edell Crnommof. I0 0 Y Y Y Y MEDIAN Emnger KUM to Care 0 0 2 Y Y Y Y MEDIAN FI1Nww8l. SWedy0+nAve In HD ,M 0 1 y Y N:A Y Y ;1A MEDIAN Fdl'vwwSt. SWM of Ed er 0 1 0 Y N!A Y Y MEDIAN Hodwr Blvd, S al9lrnm AV610 SMIa Ado PWer 0 p 2 Y WA Y Y MEDIAN BlIf4d Bt BGolh w EdIner 10 'f NIA Y Y WA NrA MEOtAN hlbb 8t P dnd W 04memdl o i I Y Y Y Y WA NA MOM Gtand Ave Dyer Road to Noel Tenamt 0 0 0 Y Y Y Y WA NIA MEDIAN SIG6nlude EIORM 0 0 t Y Y Y Y WA NIA MEDIAN AaM EtnM9110 FANRen: MCOIAn LAN SIdE bea: in BrY.0 IIaX fI 2e 13 Y Y Y Y Y NIA MEDIAN RNIt St Adams St - Warner AV Fav OMr. 0 0 0 Y Y Y Y Y MA PI WeR SeDelEnem AvCnle D.t Ddt"I05 Sbael l5E1 0 1 0 Y Y_ Y Y Y NIA rIArITEF S6gH::lpO AYCm{ie fi RdB4 W."G'Icy 0 0 9 Y Y Y. Y N1A WA PUNTER Hahm Wane M Send And RNM Cast SMe Y Y Y Y Y WA EIEDIAN HdiDor WDfrr#lo Banta Ma RPoG Y Y Y Y Y NIA SU'dK Waaef HalUbr to s"a ee, Mer Mdah side Y NIh Y Y MA $DVVK WunCl Holder b SAM, And Rivet Bo!dn sine Y I NIA I _Y t' I Y Y I WA City Council 14 — 33 7/20/2021 MWK Wnmer PUCWe N FakWM mg, sMe Y NtA Y Y Y WA WNK wamer Rene West of Fwrglade Y WA Y Y Y NIA SC1WK 1warper JVSIOTtoFtmer Y I WA Y Y Y NIA MUNpMENT $AANUew 120TWea1QU 1AndfCx I i 0 Y I Y WA Y WA WA MONUMENT ist AOrsw 11236 Mast 0 0 1 Y Y I WA Y WA NIA PLAFITER ECd R _ 302 W Etll r ELAMER _€tier and liars Nest-Siutn$10 PLANTER Edln er at FlOWet PtANTER FOAger at Mve PUNTER F.Uinger at Pee _ PK4VY EOinoer SOUT4910E Al VAN N£SS EAST FNDWEST 0 i 11 Y WA Y Y Y Y PKWY Effin r OiBWERT 0 0 t Y Y Y Y Y Y PKWY ELU. er _ 90NT•r1$IDE AT PARK EA&T AND WEST Y WA Y Y Y Y FRWY E(fnger tv FYlY Leon Uti;ln Bilk I Y Y Y Y Y WA AN)K ednger hlimde'.00vprem n0Nr sme Y NIA Y Y Y NIA SRWK Wneer Ceder to hfapfR Semh Sak Y NIA Y V Y WA IW EUUMt FIOadvA, to Flmver 0 i 6 Y Y Y Y Y NIA Flawar tO hbWnaIM N" 9d; Y NIA Y Y Y NIA Edinger MfaOnWa We V* 0 0 t Y Y Y Y N)0. IUA FMWKEUMSipr Ediner AI Moh.'xk to&anti Ana Rivet(NH,11WJ=d Entrance) Y Y Y Y Yry Sdsw St AP&l I, NolItEast t 0 i Y Y Y Y N(AIBew, V Andrew NOl:6Weat t 0 i Y V V Y NiA t1NTk EtlNAer Mnha.viW SOMOAntl ka4r NON/SkIU Y Y Y Y Y WA City Council 14 — 34 7/20/2021 WE€iNESDAY CODE WGRYSITE LOC.ATI•tF vlauR TRWAIIE• 6LMM[ Msm EIDEnYs M AD MMIAN McFadden Ave RllcheybLyon Rxn2P 0 T 0 1 Y NIA Y Y NIA NIA MEDIAN McFadden Aw Ore 0 0 1 I Y Y Y Y `` f NIA WA MEDIAN McFadden Ave Rasan to D[nals 10 Y i0 Y Y I Y V NIA WA MEDIAN McFadden Ave AtoanwR d 8O1011 We Msdlaa On I" solm 0 1 Q Y NIA Y Y MA NIA MEDIAN MONWk MCFaadM IV COMP 1 0 0 Y Y Y Y NIA WA MC NAN h4aMs Almddea to HiG I ad 0 0 I Y Y Y Y NIA NIA ALANTER Well" B�mPoan-$E CeInev MEDIAN YiMiti $ulSvan to FaINI[n' . $fie,0 Wan M PH N NIO 0 z 0 Y Y Y Y MIA WA MEDIAN 1st TftSPAh BD;dot 1 5 16 Y Y Y Y NIA MIA h1ENAN I lot TawnseW to Center 0 0 1 Y Y Y Y WA WA MEDIAN Iti SallNan is FailNleW a 0 1 Y Y y Y N!A NIA MEDIAN 3mrV Ana mm to Jacksml 0 • 2 Y Y Y Y Y MIA MEDIAN lW10 HV(W 0 0 1 Y Y Y Y WA NIA MEDIAN IM AONO West 0 D I Y WA Y Y NIA WA MEDIAN idCGia' Grand NSi aP 0 D I Y NIA Y Y WA NfA MEDIAN � FdMt, -Midden M W.IAIMRI TP A 1tl Y M1A Y Y NIA WA MEDIAN WO Ave At HCOI[t ANN 20, 0 1 0 Y Y Y Y WA h1ECNAN I'm$t R SW b M[Faddla Ave 0 0 1 Y Y Y Y _Y YV WA MEDIAN Br St Emitla, A" M tst 0 0 T Y Y Y Y V NIA MEDIAN FaWeW St e0wW[r Aveb III a 0 6 Y Y Y Y Y WA MEDIAN Ha1Hor DW.1 till sanhtu Im 0 2 6 Y Y Y Y Y WA MEDIAN CO[slnul MLvan SbaaFM, • 0 0 Y N% Y Y WA WA MEDIAN LYOM .tNCSnlaAa• eT,t, 2W 0 2 0 Y WA Y Y NIA NIA NE Muds West Of FAtvYfes. Urvhllrl LM2 1 0 0 Y Y Y Y WA NIA rADIAtt ftwiA6 Weal at r6i t b I D 10 V Y V V WA NJA City Council 14 — 35 7/20/2021 PLANTER 0($Ireet 11,10add",1111E CIO i 10 Is y y Y Y WA 2i PLANTER Ctdar Sitto M11CFaddsn NAN GP► I 10 10 1 Y y Y Y WA NIA PLANTER CypteesOlIVOInut SE&SW 2 it 0 I Y I Y Y Y NIA WA hIEDIM Ralf St WIRFOOdea]o Eck9a, eN' 0 IO It Y Y Y Y WA IJ'A PLANTER MCE'adden EIG Win AM Rie" eNYnl" NWe 0 tl la Y NIA Y' Y Y WA PLANTER MKFv1de0 FJOgaM Ana RNtrrWnh Wlae Vote 0 0 0 y WA Y Y Y WA 3tflK McFadden NOOOPO b Shanedn sodkr tale Y NIA Y Y Y NIA SDWK McFadden NPv4»e W WIO 411T � KOM$to Y WA Y Y Y IVA LINEAR PARK h1cFOdden O tSoeEh BkIC EIV 1 0 0 Y Y Y Y y Y LINEARPARK McFad0&r Oraae Yaumaww VIM 2 t 0 Y y Y Y Y y LINEAR PARK CttO McRadtlen Cwvas NEE -Endo Cd&Sac y y Y y y y LINEAR PARK C11d IO FaOdea Cypress NAM, EM atcllWPEaC Y Y Y y y Y L INEAR PARK I% grand to Stamm Smlfh site 0 10 1 Y y Y Y Y MA LINEAR PARK M Grand h Stanch! NORn 911% 0 t Y Y Y Y y WA IVY 1st E10 SantaA RNcr9ovin Kde 0 0 1 Y Y Y Y Y WA NY tsl w Santa Ara Ritter Natpr EMe 0 0 1 Y Y Y Y Y WA PLANTER Jatkmn WE CIO 161 L 0 0 Y WA Y Y NIA I WA PLANTER Jackson NFN CFO 1st 1 0 0 y WA y Y WA NIA LINEARPAW ftfa Si., NOM, M Edh0er Ave.(Eag skit p 0 t y Y y y y y LINEAR PARK 141MI d., 1JSIh of WdshF.p/EaSlskl¢ 2 0 0 Y Y Y Y Y Y PKW Y 6,ndldl St'. Etli m b Aidadden, east tdtle & 0 0 Y Y Y Y Y Y LINEAR PARK [bKwI st_ ENer b McFaddm tveat We 9 p C Y Y Y Y Y 1' LINEAR PARK Edtid tNne TVIst east skit 2 Q t Y Y Y Y Y Y LINEAR PARK Ennd 'TWO el west We f i tl Y y Y Y Y Y City Council 14 — 36 7/20/2021 THURSDAY CODA _ WORK5lTC I l5F G 1 MIM41ED BtCA'A1 lWH $10f .WVIW MEDIAN TUIlin Ave. 1,100 NOAN3 Ia 117R St. 0 0 2 Y y Y Y NIA MIA MEDIAN Cabr Ws Path Iwo 17M 0 4 9 Y Y Y Y WA NIA MEDIAN bk0na fell04!b 1 1 Y Y Y Y Y IVA MEDIAN Vrano ZIaRDY0 N 14th 0 3 Y Y Y Y NIA WA MEDIAN Penn Wpy O FVtY 10 "In i 1 0 Y WA Y Y WA Y A7 DIAN S'W 0 M WSahl.%Ana Ellva 1 0 1 y y l y y WA I NIA MEDIAN Errftdwft Ism3ra 0 D y Y Y Y NIA NIA MEDIAN Olagwy 4thlD CI'n Caafat DY. • 0 2 y y Y y NIA NA ww Pkwef iStNSaala Ana P'Aq • 0 2 Y Y Y Y MYA WA MEDIAN Flower JAI 10M Sllkaet 0 0 1 y Y Y Y NIA NIA MEDIAN Fo er AI IOtb Slfeel 0 0 1 y y y v NIA WA ME IAN E001N lit to Rill i 0 2 V Y y Y NIA NIA A1EDkAN FnRVkw i^^:t t0 klpC+ Of SIASlt£et a 2 3 Y Y Y y WA Nrp AIE�UN HatbOf ttttawe lndnSter 0 b 15 Y y y Y WA WA MEDIAN 3ra Al SIMI, 2 0 0 Y Y y WA WA AtEDWN 3va At Jyta.m I 0 0 y y Y Y WA WA MEDIAN 34 A"puTcan T D 0 y Y Y V WA[NIA MEDIAN AMOtteet PIe5tDlTamA1I RXR20 0 1 0 y NW Y Y WA MEDIAN Ah talaH fu` FWY In 5 F%VY 0 1 d Y Y Y Y WAMEDAN ;tons Ana OW 3mm tO Unh (D 0 0 S Y Y Y y MEDIAN Santa Ana eml Al Mlnttt. `D10Rat0e 0 0 0 Y Y Y Y WAMEDIAN Civ!CeRl"Dnve SYcamMetn BrOmMa 0 0 1 y y Y y WAM°DIAN 171h SI. 55 PwYie ..^A?e^^Aeenut I 3 20 Y K Y y WAh1EDIAN171h SbKel Fawm to EKEA 0 2 13 Y Y V Y I City Council 14 — 37 7/20/2021 PKWY end ist to am Eaal s:De p a + y y r PKWY Gsami lot 10 sill wfm CPR 0f1 WA UNFAR PARK Lnrn 5trr 1 MR I a V y Y Y N'M FRYVy dim Way $We OFF RAMP TO IMR PLANTER Wright 9fn:et At Palm Street Db ter LINEAR PARK VRIDTGL NORTHEAST AT TVT STREET PIWvy SAMI +It NCNR, "Rw Lklue. East SM 2 0 0 Y y y Y NIA pw4y 9i6Wi 49 to Cw ;>ntef QtNe. Well$10 2 p 0 v y y y IVA FRM 1710 Vdf/(am0b 5fWYa I y Y y y RIA PLANTER E .Ilsh Al MR Shaat t D y Y NIA P ANTEl2 Ftentn Sheet AIGML CenEel Nrlra 2 D 0 y Y Y Y Y NIA PLANTER Wh &+feet Al Sum" Street 1 0 Y NIA y Y T PR Ptwren Wa511IRM Wre At dash Sheet 0 0 r y y V Y NIA PLANTER 14"441MytOn av¢mm R+Laulse Slroct 0 Y Y y y y NIA PLANTER 'Na5hdl Ion avenu2 Al L4N@SYMdt 2 M D Y Y Y y Y WA PLANTER W'I'Wolon Avert# Easi N WATU 2 0 'P Y Y r FRr1Y GMd AYennt Ramp lorns t'natuuvq a0lacm areas. bwh tines of 1.61 1 0 D V Y V' y Y City Council 14 — 38 7/20/2021 FRIDAY CODE WORK9ITB LOCATION WeEOE TRIMMED 9LPMi TRASH 501015IJ MOOD F.AVIAN Tustin At Lemta E0$t We p } Y y Y Y WA Y MEDIAN N094 Path BNa. 6 a 0 6 Y y Y Y WA Y MEDIAN fllttet St. mt, St. l0 PaK 9 p tl Y y Y Y NIA Y MEDIAN tleklnollt Haiti al SIMO c0ra 1 p 0 T Y Y Y NIA Y MEDIAN En51a 6t Al FINE Ibn 0 p Y Y T Y Y WA M IAN i0i1D}$1 `URVI !006an�£a3 M Mama L.x+d 0 1 1 y y Y V Y NIA MEDIAN S1 Hey rl➢O N Nf 72 WN 0 0 Y NIA y y Y WA MEDIAN DAita $t Nan It 17th p 1 I y y Y y Y WA LINEAR PART( 8nCr01 & N011A or Elm, wftf Side p 0 1 y Y Y y y V MEDIAN F41mew& 17th.t NCKh CAy Limit G 0 1 Y Y Y Y Y NIA MEDIAN memoPLane East or Main Samt 0 0 i Y Y Y Y y Y MEDIAN Man tan Rmw to WE01"m 1 0 2 y Y y y Y WA M1tED1AN Ma Woe 21 PECIRC 0 9 p Y WA Y Y WA WA MSrim flew*- Late Ol Tans Ana MVer D 1.-,. 0 Y INA Y Y Y NIA _ Man _ — — 0t D1ic00Efy Science Cemr-fVdW.Ef 9anM51n Pafa y WA y y NIA NIA IMEDIAN +MEDIAN Main MenwrY Lam N NU0 0 1 V Y y Y WA 11A MEDIAN PaK LIE* E051 Of&nnflap0 1 0 0 _ Y Y Y Y I WA tvA MEDIAN GWOOD Editor Thspn L D 1 y Y Y I Y I &A WA PLAWER Ihionfeel AI 0 0 Y Y y y Y NIA PIAN(ER IOsr 9lreei Al Jefferson Place 1 1 10 y y Y Y y WA PLANTER L(,vV' ne At Santa CWm Avenue I 10 0 Y y Y Y Y WA PLANTER ME Lane At LmVI L8,0 tRE 9 SSV I 11 ♦ 7 y Y Y Y WA Wq PLAWER Park LAMB Won of 61I5101 Clreel 1 p p y Y Y YY NIA IplmN R IIm er$nfm NAIp & 90111A CldPo Avemre / p ({ Y Y y Y WA N.-A PLANTER. Bm P A17@n l 0 0 y y Y V N WA City Council 14 — 39 7/20/2021 FRWY E,19ewm AI h60p DO 0W T I Y I Y I Y I Y Pm PKWY Eu14 awo0010 s PII m een 0 1 p T Y Y Y MA WA PLANTER Ero SPRY IO GvV?Clain Y Y V Y NIA WA PLANTER $pnta CRM AWnue At 0@6fel Ekes[ 2 0 ' 0 Y Y Y Y Y NIA Pt NTOER Sato YRartl AVenuS At POOH nY 2 0 0 Y tl Y Y Y NIA PKWY himm Lana fvw F to 011MI$0u1A V V Y Y Y Y PKWY SltrlW Lane Ff"OrW Wolw6W Y Y { Y Y Y PLANTER R0wat 8t. Na1111 coy CumO, Jot NXM of Q.ge trawl Y Y Y Y Y NIA LNEAR PARK I Flower $1. M S0111111{IP Ca¢# 0fW0e Nwh was% Y Y V 'Y NtA V WALL RBIIm a I Not, aT 17t0 E SUPN OI 19N i 0 0 Y Y Y Y NIA NIA tdl GlhP! 01Ma1 Samim creep 10 m6m0 Lille enN snR Y Y Y Y T WA PARK BIWWI ENIWparklva6l W Y Y Y Y Y NIA K E01af d FW Ma ie East 9i Y Y Y Y NIA !JWUR FRS141 22 FYIY1p NCL West Mae Y Y Y Y' Y NIA TR Falmm" Eat of Ea61'.awl at P.li1 kwd TraGPS-&ar SWas14 City Council 14 — 40 7/20/2021 EXHIBIT C T_ __irI INCI + Location Total S . Ft, Maint. Type 31d and flush 445 Hardscape 601 E. 411 Street 300 Shrub/Ground Cover Area Myrtle and Shelton 100 Shrub/Ground Cover Area Yd and Birch 300 Shrub/Ground Cover Area Bisho anA Shelton I00 Shrub/Ground Cover Area Pacific and Walnut 100 Shrub/Ground Cover Area Myrtle and Pacific 2,498 Shrub/Ground Cover Area Wisteria and Pacific 100 Shrub/Ground Cover Area Richland and pacific 100 Shrub/Ground Cover Area Willits and Pacific 100 Shrub/Ground Cover Area Bishop and Baker 100 Shrub/Ground Cover Area Highland and Shelton 100 Shrub/Ground Cover Area Chestnut and Shelton 100 Shrub/Group over Area Occidental and Maple IA22 Shrub/Ground Cover Area Willits and Sullivan 2,300 Shrub/Ground Cover Area Garfield and Santa Ana Blvd. 30 Shrub/Ground Cover Area GRAN OTOTAL Sq. Ft. 5,195 City Council 14 — 41 7/20/2021 EXHIBIT D VACANT PARCELS Address 1 North of 610 N Figueroa St 2 1 South of 926 N Lincoln Ave 3 ! Northeast corner of Standard Ave and Chestnut Ave 4 ; South side of Edinger eve east of Boyd St j 5 Northwest corner of 1st St and Pacific Ave 6 South of 122 N Euclid St i 7 North side of 1 at St west of Garfield St 8 East of 5301 W 1 st St 9 Dead-end of San Lorenzo west of Baker 10 North wes# corner of Flower S#and-Walnut St t i 11 j Northwest corner of Daisy and Walnut 12 South of 4319 W Edinger Ave 13 Slope on south side of Warner west of the 55 fwy 14 j East of 2216 015th St 15 i Slope on south side of Mcfadden west of the 55 fwy j 16 North slope of Edinger. east of the Santa ana River I 17 South sWe of 6th Street east of Mabury Street 18 ! Walkway East of Greenbrier St between River Ln and Sharon Rd 19 ; 1 st Street East of 117 N Standard Ave 1 20 Main Place Dr between Broadway and Bedford Rd 21 Southwest corner of Segerstrom and Bear 22 Santa Fe Street south of 2nd Street Area 23 : East side of Ritchey between Warner and St Andrew 24 North slope of M cfadden east of the Santa Ana River 25 '. North side of 7th east of Jackson 26 " East side of Clinton north of 5th 27 North and South slopes of Santa Clara Ave west of the 55 freeway I 28 Penn Way between 17th and Washington 29 South slope of Mcfadden east of the Santa Ana River 30 Slope on north side of Warner west of the 55 fwy 31 1 East of 2212 W St Gertrude PI i 32 South side of Macarthur west of the 55 Fwy 1 33 South side,of Dyer,west of the 55 Fwy 34 North of 1026 N Mlrasol St 35 East of 502 E Memory Ln n bead end of 6th'St west of Hawley St 37 East of 1633 E 6th St j 36 North of M1 S Standard Ave City Council 14 — 42 7/20/2021 139 : East side of Lincoln at Washington 1.40 Northeast corner of 1st St and Mabury St 41 West side of Grand Ave north of 1-5 Freeway 142 ! Southeast Corner of Sullivan St and Willits St f 43 ` North of 2057 N Bush Street City Council 14 — 43 7/20/2021 EXHIBIT G CITY BOUNDARY MAP City of Santa Ana fs6 City Council 14 — 46 7/20/2021 EXHIBIT H IRRIGATION TECHNICIAN Crew Size - 1 Irrigation Technician 1. The Irrigation Technician shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of horticulturally acceptable maintenance practices as determined by the Projects Manager or designee. When the Projects Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty-four (24) hours. After 24 hours, the Projects Manager or designee at his discretion may elect to activate the controllers with City forces and deduct estimated time plus overhead from the Contractor's monthly invoice. 2. The Irrigation Technician shall physically inspect (by manual or semi -automatically running the Controller) the operation of all systems weekly. The irrigation Technician shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, Including but not limited to, adjustment of heads or inserts, or replacing of inserts, eta, to prevent excessive over spray/runoff into street right-of-ways or other areas not Intended to receive irrigation over spray/runoff. 3. A visual inspection of all irrigated areas shall occur, more often, but not less than one (1 ) time per week. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Irrigation Technician shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. 4. Contractor shall submit a monthly Irrigation report to the Projects Manager or designee. The report shall be of the format required by the Projects Manager or designee and shall include, but not be limited to, controller location, address, type of controller, number of stations, schedule, and run times for each station, turf, ground cover or shrub irrigation, condition of site, and repairs made for each station. 5. Irrigation Technician shall maintain a log at each controller location. 6. Irrigation Technician shall provide efficient use of water at all times. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating excessive runoff. Adequate soil moisture shall be determiner by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices, and programming irrigation controllers accordingly. Considerations must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, runoff, City Council 14 — 47 7/20/2021 infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of plant and root structure. Irrigation Technician shall be responsible for and bear the cost of service and repair to all Irrigation components from the remote control valve, downstream (including the remote control valve). The responsibility includes, but is not limited to, the remote control valve, flow sensors, lateral lines, fittings, risers, all sprinkler heads, and drip Irrigation components. 8. Monitoring Systems: Irrigation Technician shall weekly Inspect the irrigation systems for broken and clogged heaels, malfunctioning or leaking valves, or any other condition, which hampers the correct operation of the system. Authorization must be obtained from the Project Manager or designee before proceeding with work not covered under normal maintenance work and the malfunctioning sprinkler system area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the Project Manager or designee's satisfaction. Each irrigation controlier(s) and, system shall be checked weekly for proper water scheduling anal coverage. Make all necessary adjustments to heads, which throw onto roadways, walkways, winalows, or out of intendet area of coverage. Irrigation Technician shall clean and adjust sprinkler heads as needed for proper coverage. Each system shall be manually operated at the irrigation controller and observed on a bi-monthly basis. Controllers shall be programmed to water during nighttime hours between approximately midnight and 7:00 a.m. No watering shall occur during the daytime unless associated with irrigation check/repairs or with prior approval by the Projects Manager or designee. R Irrigation Technician shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair.. This is to inclusle diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backnow devices, moisture sensors, master valves, and electric pedestals, Irrigation Technician shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems. 10, Note. Irrigation Technician has the responsibility to adequately diagnose problems and take corrective action as called for in the contract specifications. Should the City be called upon to diagnose an irrigation problem that is Irrig2ffon Technicians responsibility, the City's labor and material cost incurred will be deducted from the monthly payment to Irrigation Technician. 11, Automatic controllers and/or enclosures shall be looked while unattended. 12, All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance. System Maintenance: Once a year during the month of March, Irrigation Technician shall wipe down the eoluipment in the irrigation controller cabinet to remove all dust and dirt, clean all electrical connections, City Council 14 — 48 7/20/2021 install bait traps for control of ants, replace batteries as required, clean and remove intruding soil in valve boxes and replace gravel, as originally specified. 13. All hinges and locks shall be regularly oiled to ensure trouble free operation. 14. Sprinkler heads shall be kept clear of overgrowth that may obstruct maximum operation, 15, Repairs made to the irrigation system must be made In accordance with the system's original design with products equal to or higher quality than currently provided. Workmanship shall be performed in accordance with industry standards. 16. Irrigation Technician shall be responsible for regular monitoring of all systems and correcting for: coverage, adjustment, and clogging of lines and other sprinkler components. 17. All irrigation systems shall be inspected and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve. A written irrigation tracking sheet indicating the system location, date inspected, and watering schedule shall be submitted to the Projects Manager or designee at the end of each week. 18. irrigation Technician shall observe and note deficiencies occurring from the original design of facilities and review these findings with the Projects Manager or designee so necessary improvements can be considered. 19. All leaking or defective piping, valves, or other system components shall be repaired within twenty-four (24) hours of detection. 20. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for greatest potential runoff, which can contribute to erosion. 21, Irrigation Technician shall turn off controllers when adequate rainfall is anticipated. 22. In the event of irrigation system failure, manual watering required to keep the plant material in a vigorous, healthy condition is to be provided by Irrigation Technician at no additional cost to the City. 23. At no time shall Irrigation Technician utilize a fire hydrant for irrigation purposes without written authorization by Projects Manager or designee. 24. Contractor will keep system In operation by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressure. This shall be accomplished by valve throttling pressure yaging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Projects Manager or designee may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. City Council 14 — 49 7/20/2021 25. All valve boxes, controllers, and backflow devices shalt be kept clear of plant growth. 26, Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning, Remove any debris or vegetation that might accumulate at the Inlet and prevent proper flow of water. 27. Any erosion damage because of Contractor's fallure to keep the surface drainsclear shall be repaired at Contractor's expense. City Council 14 — 50 7/20/2021 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RIGHT OF WAY AND MEDIAN LANDSCAPE MAINTENANCE SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a unit cost for services described In Exhibit A. Fee must be Inclusive of all costs, Including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials Will be purchased by the contractor only after discussed and authoriaea by the City projects manager or designee In writing. ROUTINE MAINTENANCE PRICING ITEM BID ITEM DESCRIPTION QUANTITY UNIT UNIT . QUANTITY UNIT PRICE EXTENDED TOTAL PRICE � Median Crew —Laborer 30.00 300,000 1. 2,000 Hours 6 Hour 10,000 $ $ Median Crew —Lead worker 35 00 70 000 2. 2,000 Hours 1 Hour 2,000 $ $ y ROW Crew —Laborer 1205000 3. €2,000 Hours 2 Hour 4,000 $ 30.00 $ 4. ROW Crew - Supervisor 1 Hour 2,000 $ 40.00 $ 80500o Irrigation Technician 78,000 S. f2 000 Hours) 1 Hour 2,000 11$39.00 $ 648,000 Total Contract Amount Add Lines ill, V &. IV S. As -Needed Cleaning 1 I Hour 1 2,000 $26.00 During the process of negotiation between the City of Santa Ana and Landscape West Management Service Inc on June 7th 2019, we have agreed to drop our annual total to $700,000, City Council 14 — 51 7/20/2021 EXTRAORDINARY PLANTWG E.XTRA0P0f,NNY KANT;NG, 1 36" box 1 fee, wandar-'l irtia 950M j9 36- 1 rte: mull, I'Ll"ll, 975.00 III 21' box True, sfarida4d Irunk 495.00 iv 24- bem Twa aujih trunk 560.00 v t s n,lIiant 95.00 tpl 5 35.00 V11 I <Ial lant s 20.00 A' F1,11 Lf jiff C 01,u 35.00 ix f1row'd (dor 5 30.01 kL NAME OF COMPANY PH ON I--- AN' D FA X N UMS E R S 1234 North Blue Gum Strftt. Anaheim, Ca 92306 .slithAd Garlbay Or AU11 QR0- NIT TITLE SIGTVRE OF AUTHOVD AQkNT DATE E-MAIL ADDRESS G ID N] PA107 0 R LICE A I G E N Uhl 13 ER THIS FgNMV -T�ULIEDWITHAHEPROPQ At -QJ&LMg AND IN-CL PROPOSX.S THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, City Council 14-52 7/20/2021 LAND800 nP In: KC 4coizcf`° CERTIFICATE OF LIABILITY INSURANCE `I DATE(MMIDDIYYYY) 1 03/3012020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE. HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in heal of such endorsement(s). 31CONTACT Christopher 0-542-4600 I Christo her Cordill PRODUCER NAME" H1 h Ground Insurance Services (PHONE 310.542-4600 IFnx. 310-542.8400 2317 Crenshaw Blvd, #304 I -(AID, No, Ex[): IAIC NoP Torrance, CA 90501 Lis,. ccordnitwumtedagenc es.com no Christopher Cordill U S AFfORDING COVERAGE NAICe INSURER A: THE HARTFORD 11000 INSu Eb LLanc�Scape West Mgm(Svcs, Inc. Most .OAK RIVER INSURANCE: COMPANY 34630 '1234 NOr'th Gnlrl Street Anaheim, A 92806 INSURER C: INSURERDI INSURER E: INSURER F : I COVERAGES CERTIFICATE NUMBER: REVISIONNUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE %DDL PUBR POLICY NUMBE0. POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CIAIMS-MADE OCCUR X 72UUNOK7437 04/01/2020 04/01/2021 EACHOCCURRENCE 3 110001000' pDA.MnGE TD RENTED MEL, EXP one arson 300,000 $ 5,000 PERSONAL a A V INJURY g 1,000,a00 BE NT AGGREGATE L IMpIT� APPLIES PER: POLICY JECT E LOC LJ OOTHER: GENERAL F.GGREGA IE $ 2,000,000 PRODUCTS -CDMPIOPAGG S 2,000,000 Emp Ben. 0 A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED ALIIECI ONLY AUTO.pSS EEpp X '01%ONLY X PUTOS Or1LY 72UUNOK7437 04/01/2020 04/01/2021 COMBINED SINGLE LIMIT Nenl 1 .000,000 BODILY, INJURY (per pers.nL P ILY INJURY (Per ccltlent 3 eFacrRden[ AMAGE 7 A X UMBRELLA LIAB EXCESS LIAB OCCUR CIAIMS-MADE 72HHUOK7438 04/01(2020 04/01/2021 E HOCCU EN - 2,WO,000 AGGREGATE s 210001000 OED I i RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILItt YIN pAFNY P�ROPRIE0RRIPARTNER(EXECUTIVE NH)EXCLUDED'? � (rnaFndalRgBM ❑ RIPTI NOF OPERATIONS bNw NIA X LAWCOf 4309 11011112019 10/11/2020 X PFTR ATUTE OTR EL EACfI ACCIDENT 11000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 EL DISCABF -P LECY LIMIT 3 1,000,a00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additions I Remarks Schedule, may he aHached If more space Is required) 30 days notice if cancelled 10 days notice if cancelled for non-payment. Project: Right of Way and Median Landscape Maintenance Services RFP#19.016 REVIEWED & APPROVED By Risk MANAGEMENT DiviskiN See Holder Notes attached for additional information pp R CFRTIFICATF Hnl ❑FR CANCELLATION CITSAN3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cityof Santa ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) O 1988.2015 ACORD CORPORATION. All rights reserved. no City Council g - 7/20/2021 City Council 14 — 54 7/20/2021 EXHIBIT 2 FOURTH AMENDMENT TO AGREEMENT TO PROVIDE RIGHT OF WAY AND MEDIAN LANDSCAPE MAINTENANCE SERVICES THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on July 20, 2021, by and between Landscape West Management Services, Inc. ("Contractor'), 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-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency ('Agreement'). B. On September 26, 2019, the parties entered into First Amendment No. N-2019-195 to increase the scope of services and the amount expended under the Agreement for the period ending June 30, 2020. C. On May 5, 2020, the patties entered into Second Amendment No. A-2020-095 to further increase the amount expended under the Agreement for the period ending June 30, 2020. D. On December 1, 2020, the parties entered into the Third Amendment No. A-2020-248 to further increase the amount expended under the Agreement for the period ending June 30, 2021 and any extension periods to $1,020,000 annually. E. The original term of the Agreement was for two years until June 30, 2021 with one, two (2) year extension that was authorized on April 23, 2021. The Agreement remains in effect through June 30, 2023. F. 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 annual sum to be expended under the remaining term of the Agreement, including the extension periods, from $1,020,000 to $1,270,000. 2. Except as modified by this Fourth Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. Pme 1 of 2 City Council 14 — 55 7/20/2021 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gotnez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By:N aunt). A R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL ` Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Name: /y/, �„/ �,-•'6•y Title: Page 2 of 2 City Council 14 — 56 7/20/2021 Public Works Agency www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Land and Street Easement Sale Agreements AGENDA TITLE Approve a Land Sale Agreement and Easement Sale Agreement in the Amount of $0 for a Real Property Sale to Orange County Transportation Authority in exchange for the cost of Water Facility Improvements At SR-55 / Ritchey Street and Pullman Street (Project Nos. 19-6438, 19-6439 and 19-6440) (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a Land Sale Agreement with the Orange County Transportation Authority for the partial property located east of Ritchey Street and north of Warner Avenue (APN 403-072-02) in the amount of $0 in lieu of the project cost for the water facility improvements at SR-55 / Ritchey Street, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an Easement Sale Agreement with the Orange County Transportation Authority for a portion of Pullman Street right-of-way located north of Dyer Road and south of Warner Avenue in the amount of $0 in lieu of the project cost for the water facility improvements at SR-55 / Ritchey Street, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Orange County Transportation Authority (OCTA) is the lead agency for the proposed State Route 55 (SR-55) freeway -widening project from Interstate 405 to Interstate 5. The project will add general purpose and high -occupancy vehicle lanes in each direction between 1-405 and 1-5, and will also add auxiliary lanes between interchanges to reduce traffic congestion and improve mobility. In order to move forward with the proposed widening, OCTA needs to acquire City properties and easements, which were appraised at $1,950 and $1,000, respectively. The appraisal reports are on file with the City. The recommended property acquisition at SR-55 and Ritchey Street (Exhibit 1) and easement replacement along Pullman Street from Dyer Road to Warner Avenue (Exhibit 2) are necessary to accommodate the freeway improvements. The property interests City Council 15 — 1 7/20/2021 Approve Land and Street Easement Sale Agreements July 20, 2021 Page 2 conveyed by documents for Parcel Nos. 103739-1, 103739-2, 103739-3 (Exhibit 3) and 104104 (Exhibit 4) are in accordance with the "Cooperative Agreement No. C-0-2201 between Orange County Transportation Authority and City of Santa Ana for State Route 55 Improvement Project", which was adopted by City Council on May 5, 2020. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City is exchanging one asset (land and easements) for another (improvements to the water facilities). OCTA will fund the water facility improvements with an estimated cost of $6.6 million, which has been included in the FY21-22 budget. The recommended action is expected to increase the asset value on the City's ledger by the estimated $6.6 million for improvements other than buildings, less the historical value of land to be determined by staff. EXHIBIT(S) 1. Ritchey Location Map 2. Pullman Location Map 3. Sale Agreement — APN 403-072-02 4. Easement Agreement — Document No. 104104 Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 2 7/20/2021 w a L) LA O Z A z !V o 0 M � I h � M N w O Q w F �~ w in M O y f ►i 4 V G $1, Lo U) W F 0 O Er w Q N U O U) N O O Z N -M/8 nl F Mz W Z r- � M W N CMO O ti M a a 4� arue LO l/d ' � u I D z ¢ w Vwi 'V �Oz 0 J D M F Z V w O a Z W N J U Kw Z O W Q O M Q U s '— omW ¢awwaw I Z W W N W W V t9 Z P Cn 5R W w I I e r 1 II I' I a _ —- I I I 1 t 1 B/ 9 C—� 1� I''I III I'I a II II Elyl�' n 9AV 3103N tlJ_ I I, -;- - 1' 1 I e 1 Ir r' 1 liil'il _ 11p1 dr -_ ET I ��_�=`1===��r===--- -1 I of z� 1 -- 77 I, II I �rl k' I I 1, ;111I IIiJI1 �� II 01 III_ I� I� I a 11 III 'i PI 1, 11 I I 1 llll � u d a Z 0 a c.� 0 J F W W C F fq Z a J J d Ln u.) N LO I Ln c 0 U G2 � /I _ _ _ _______ I H Z W m W N w W V U) 0 W O d w d IL Z O Q t� O J f W W N Z J 7 IL LQ N U C 7 O U M ORANGE COUNTY TRANSPORTATTON AUTHORTTY RIGHT OF WAY CONTRACT SR-55 IMPROVEMENT PROJECT CONFIDENTIAL This document contains personal information, and pursuant to Civil Code section 179821, it shall be kept confidential in order to protect against unauthorized disclosure. Vacant land, East side of Ritchey Street adjacent 103739-1 to SR-55, North of Warner Avenue, Santa Ana, 103739-2 CA 92705 103739-3 Property Address Parcel Nos. 403-072-02 APN 09205630-920-C M M-C M 8 Federal Project No. Escrow No. Title Order No. RIGHT-OF-WAY CONTRACT The City of Santa Ana, a Municipal Corporation (hereinafter, "Grantor"), owns the real property located on the east side of Ritchey Street, adjacent to SR-55, north of Warner Avenue, Santa Ana, CA in the County of Orange, Assessor Parcel Number 403-072-02 (the "Property'). Portions of the Property are needed for construction of the SR-55 Improvement Project, a public project designed to accommodate the widening of the SR-55, increase freeway capacity, improve traffic and interchange operations and enhance road safety (the "Project"). Document No. 103739-1 in the form of a Grant Deed (Exhibit 1"), Document No. 103739-2 in the form of a Highway Easement Deed (Exhibit "2") and Document No. 103739-3 in the form of a Temporary Construction Easement Deed (Exhibit "3") to the Orange County Transportation Authority ("OCTA"), covering the property interests as described in Exhibit "A" attached to Exhibit 1, Exhibit "B" attached to Exhibit 2 and Exhibits "Cl" and "C2" attached to Exhibit "3" (collectively, the "Property Interests") have been executed and delivered to Dan Akins, Right -of -Way Agent for Paragon Partners, Ltd., agent for OCTA. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: (A) The parties have herein set forth the whole of their agreement ("Agreement"). The performance of this Agreement constitutes the entire consideration and shall relieve OCTA of all further obligations or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) OCTA requires said Property Interests described in Document Nos. 103739-1, 103739-2 and 103739-3 for the Project, a public use for which OCTA has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and OCTA is compelled to acquire the Property Interests. (C) Both Grantor and OCTA recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property Interests by eminent domain litigation. The compensation set forth herein for the Property Interests is in compromise and settlement, in lieu of such litigation. (D) It is agreed that OCTA shall open an escrow in accordance with this Agreement at an escrow company of OCTA's choice ("Escrow Agent"). This Agreement constitutes the joint escrow instructions of OCTA and Grantor, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow. City Council 15 — 7 7/20/2021 1477943.1 ORANGE COUNTY TRANSPORTATTON AUTHORTTY CONFIDENTIAL This document contains pl RIGHT OF WAY CONTRACT iufuinformation, and pursuant to Ci�il Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 2. (A) OCTA shall pay the undersigned Grantor the sum of Zero Dollars and Zero Cents ($0.00) for the Property Interests conveyed by Document Nos. 103739-1, 103739-2 and 103739-3 in accordance with the "Cooperative Agreement No. C-0-2201 between Orange County Transportation Authority and City of Santa Ana for State Route 55 Improvement Project" in lieu for the project costs to acquire property rights in favor of Grantor, when title to said Property Interests vests in OCTA free and clear of all liens, deeds of trusts, encumbrances, assessments, easements and leases (recorded and/or unrecorded). (B) OCTA will pay all usual escrow and recording fees incurred in this transaction, and if title insurance is desired by OCTA, the premium charged therefore. Due to OCTA's status as a public agency, no recording fees will be payable (pursuant to Government Code Section 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code Section 11922). This transaction may be handled through an external escrow with Commonwealth Land Title Company or another selected escrow company to be determined. 3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it is the sole and lawful owner of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against OCTA and the State of California, Department of Transportation (hereinafter, individually and collectively, "Releasee") by reason of the Project and/or acquisition of the Property Interests, including, but not limited to, any and all rights or claims that Grantor had, currently has or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasee and any and all of Releasee's employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the following: pre -condemnation damages, inverse condemnation, lost business goodwill, lost profits, lost rents, severance damages, mitigation damages, compensation for the construction and use of the Project in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees, statutory interest and/or costs. Grantor further consents to the dismissal of any Eminent Domain proceeding that is filed pertaining to the Property Interests and further waives all attorney's fees, costs, claims to money on deposit, disbursements and expenses in connection with the dismissal of said proceeding. 4. The parties intend that this Agreement will result in a full, complete and final resolution and settlement of any and all claims, causes of action or disputes which exist, or may exist, between them as to the acquisition, possession and/or use of the Property Interests, except as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein: City Council 15 — 8 7/20/2021 1477943.1 ORANGE COUNTY TRANSPORTATTON AUTHORTTY CONFIDENTIAL This document contains pl RIGHT OF WAY CONTRACT iufuinformation, and pursuant to Ci�il Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. (A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." (B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice. 5. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 6. Grantor represents and warrants that it is the fee simple owner of the Property and that it has the right to convey the Property Interests. Grantor will defend and indemnify OCTA, its successors and/or assigns against any and all claims, demands, causes of action filed against OCTA, its successors and/or assigns by someone claiming a legal interest in or right to the Property, or any portion thereof. Grantor represents and warrants that it will defend and indemnify OCTA, its successors and/or assigns in the amount of any due and unpaid liens and any penalties and delinquencies on the Property. Grantor represents and warrants that it has made no assignment of any interest in the Property. 7. Grantor represents and warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month. Grantor agrees to defend and indemnify and hold OCTA harmless and reimburse OCTA for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a general release or quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said general release or quitclaim deeds are to be provided to Commonwealth Land Title Company, other selected escrow company, or OCTA by Grantor, prior to the close of escrow. The provisions of this paragraph shall apply to current leases on Grantor's Property as well as future leases, if any, that are entered into after the execution of this Agreement. S. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the following improvements: None. Grantor agrees that it is not entitled to compensation for any other improvements located within the areas of the Property Interests being purchased pursuant to this Agreement. Improvements located on the Property will be addressed by a separate agreement. 9. It is understood and agreed by and between the parties hereto that the following improvements within the areas of the Property Interests will be protected in place: None. It is further understood and agreed to by and between the parties hereto that the following improvements within the areas City Council 15 — 9 7/20/2021 1477943.1 ORANGE COUNTY TRANSPORTATTON AUTHORTTY CONFIDENTIAL This document contains pl RIGHT OF WAY CONTRACT iufuinformation, and pursuant to Ci�il Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. of the Property Interests will be relocated: the pressure reducing station, pursuant to separate agreement. 10. OCTA shall not take actual/physical possession of the Property Interests until thirty (30) day advance notice by OCTA or OCTA's contractor is given to Grantor of OCTA's taking actual/physical possession of the Property Interests. Prior to OCTA's actual/physical possession of the Property Interests, Grantor agrees to hold harmless, defend and indemnify OCTA its officers, directors, employees and agents against any and all claims including property damage or injuries resulting from the use of the areas within the Property Interests by Grantor and/or Grantor's guests, invitees, or any other person. OCTA shall not be deemed to have control of the areas within the Property Interests nor duty to maintain the areas within the Property Interests in a safe condition prior to the time OCTA or OCTA's contractor take actual/physical possession of the areas within the Property Interests. Grantor agrees to name OCTA as an additional insured under its current insurance policy. Grantor further agrees to notify OCTA in writing within thirty (30) days of any potential claim relating to the areas within the Property Interests prior to OCTA taking actual/physical possession of the areas within the Property Interests. 11. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages, which have accrued or may accrue to Grantor's remaining property by reason of its severance from the Property Interests conveyed herein and/or the construction and use of the proposed Project, including, but not limited to, any expense which Grantor may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction. 12. The Temporary Construction Easement ("TCE") shall be for a period of sixty (60) months ("TCE Term"). The TCE Term shall commence upon the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. Grantor shall be provided at least thirty (30) days written notice prior to commencement of work within the Temporary Construction Easement area. Grantor agrees to keep the Temporary Construction Easement area free and clear of all materials, shrubbery, crops, improvements and debris during the TCE Term. Grantor further agrees that cost of removal of any materials, shrubbery, crops, improvements or debris that are installed during the TCE Term shall be the sole responsibility of Grantor. 13. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Property Interests by OCTA, including the right to remove and dispose of improvements within the Property Interests, shall commence on the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 14. Any notice either party may or is required to give the other shall be in writing and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses: To Grantor: The City of Santa Ana City Council 1477943.1 15— 10 7/20/2021 ORANGE COUNTY TRANSPORTATTON AUTHORTTY RIGHT OF WAY CONTRACT 20 Civic Center Plaza Santa Ana, CA 92701 To OCTA: 550 South Main Street Orange, CA 92863-1584 Attn: Joe Gallardo CONFIDENTIAL Thiss document contains personal information, and pursuant to Ci,ril Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 15. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, subsequent purchasers, successors, and/or assignees. OCTA may freely assign any or all of its interests or rights under this Agreement. 16. Grantor represents and warrants that, other than organochlorine pesticides (OCPs) and arsenical herbicides, during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property. Grantor further represents and warrants that, other than organochlorine pesticides (OCPs) and arsenical herbicides, Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property. The acquisition price of the Property Interests being acquired in this transaction reflects the full and complete settlement of the Property Interests without the presence of contamination. If the Property Interests being acquired are found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, OCTA may elect to recover its clean-up costs from those who caused or contributed to the contamination including, but not limited to, Grantor. 17. It is understood and agreed that the fully executed Grant Deed, Highway Easement Deed and Temporary Construction Easement Deed may be recorded in the Recorder's Office for the County of Orange. 18. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby. 19. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 20. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement. 21. This Agreement may be executed in counterparts, including by facsimile and/or electronic mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. City Council 1477943.1 15— 11 7/20/2021 ORANGE COUNTY TRANSPORTATTON AUTHORTTY CONFIDENTIAL This document contains pdl RIGHT OF WAY CONTRACT iufinformation, and pursuant to Ci��il CuCade section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. 22. OCTA reserves the right to cancel escrow and terminate this Agreement if at any time OCTA determines that the Property Interests are no longer needed for the Project. 23. This Agreement may be subject to approval by OCTA's governing Board of Directors. In Witness Whereof, the parties have executed this Agreement on the day and year set forth below. GRANTOR THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION as F_ o Its: 0 5: o Its: APPROVED AS TO FORM 1 M. Pmt Atuurmt City Avatoey ORANGE COUNTY TRANSPORTATION AUTHORITY 0 James G. Beil DATE Executive Director, Capital Programs APPROVED AS TO FORM By: � / —0+or 06/28/21 James Donich DATE General Counsel Orange County Transportation Authority City Council 1477943.1 15 — 12 7/20/2021 ORANGE COUNTY TRANSPORTATTON AUTHORTTY RIGHT OF WAY CONTRACT Exhibit "1" Grant Deed (Document No. 103739-1) CONFIDENTIAL Thiss document contains personal information, and pursuant to Ci,il Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. City Council 1477943.1 15— 13 7/20/2021 RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Clerk of the Board ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 FREE RECORDING: This instrument is for the benefit of the Orange County Transportation Authority and is entitled to be recorded without fee or tax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, § 11922.) Written by: TK Checked by: VTD EA: OJ340 Space above this line for Recorder's Use RIW Map No.: E120133-21 APN: 403-072-02 GRANT DEED District County Route Postmile Number 12 ORA 55 8.6 103739-1 The City of Santa Ana, a municipal corporation, hereinafter called GRANTOR, hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, hereinafter called OCTA, all that real property in the City of Santa Ana, County of Orange, State of California, described as follows: See Exhibit "A" attached. The GRANTOR further understands that the present intention of the OCTA is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway. Dated: Its: Grantor: The City of Santa Ana, a municipal corporation, City Council 15 — 14 7/20/2021 ACKNOWLEDGEMENT 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 On before me, Notary Public, personally appeared , 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. Signature (Seal) City Council 15 - 15 7/20/2021 EXHIBIT "A" LEGAL DESCRIPTION Parcel103739-1: FEE That portion of the Southeast quarter of the Southwest quarter of Section 20, Township 5 South, Range 9 West, San Bernardino Meridian, in the City of Santa Ana, County of Orange, State of California, as described in a Deed recorded April 8, 1964 in Book 6995, Page 445 of Official Records in the office of the County Recorder of said County, lying southeasterly of the following described line: BEGINNING at a point on that certain course described as having a bearing of North 49°20'48" West and a length of 51.13 in the southwesterly line of the land described in said Deed, distant thereon South 49°21'02" East 44.5%feet from the northwesterly terminus of said certain course; thence leaving said southwesterly line, North 40°38'58" East 42.28 feet„ thence North 39°46'05" East 2.74 feet to the northeasterly line of the land described in said Deed. This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the GRANTEE any and all abutter's rights including access rights, appurtenant to GRANTCR's remaining property, in and to the freeway. The bearings shown herein are based on the California Coordinate System of 1983, Zone VI, North American Datum of 1983 (1991.35 epoch). The distances shown herein are grid distances. Ground distances may be obtained by dividing grid distances by the combination factor of 0,99997834. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors" Act. Signature: Date: Vinoent T. Davis, PLS 21 Apr 2020 �ypL LAND 4 ��g1� 9 z- ' NHS. 849fi 0 OF CAl-' 4 City Council 15 — 16 7/20/2021 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated 20, from The City of Santa Ana, a municipal corporation, to the Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2018-050 adopted on May 14, 2018, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: M James G. Beil Executive Director, Capital Programs City Council 15 — 17 7/20/2021 ORANGE COUNTY TRANSPORTATTON AUTHORTTY RIGHT OF WAY CONTRACT Exhibit "2" Highway Easement Deed Document No. 103379-2 CONFIDENTIAL Thiss document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. City Council 1477943.1 15— 18 7/20/2021 RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Clerk of the Board ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 FREE RECORDING: This instrument is for the benefit of the Orange County Transportation Authority and is entitled to be recorded without fee or tax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, § 11922.) APN: 403-072-02 Space above this line for Recorder's Use R/W Map No.: E120133-21 APN: 403-072-02 EASEMENT DEED HIGHWAY District County Route Postmile Number 12 ORA 55 8.6 103739-2 The City of Santa Ana, a municipal corporation, hereinafter called GRANTOR, hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, hereinafter called OCTA, an easement for the right of way and incidents thereto for a public highway upon, over and across that real property, in the City of Santa Ana, County of Orange, State of California, described as follows: See Exhibit "B" attached. The GRANTOR hereby further grants to OCTA all trees, growths (growing or that may hereinafter grow) and road building materials within the right of way including the right to take water, together with the right to use same in such manner and at such location as the OCTA may deem proper, needful or necessary for the construction, reconstruction, improvement or maintenance of the highway. The GRANTOR, for itself and its successors and assigns, hereby waives any and all claims for damages to GRANTOR's remaining property contiguous to the right of way conveyed by reason of the location, construction, landscaping or maintenance of the highway. City Council 15 — 19 7/20/2021 Date: M Its: GRANTOR: The City of Santa Ana, a municipal corporation, City Council 15 - 20 7/20/2021 ACKNOWLEDGEMENT 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 ) On before me, , Notary Public, personally appeared , 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 some 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. Signature (Seal) City Council 15 - 21 7/20/2021 EXHIBIT "B" LEGAL DESCRIPTION Parcel 103739-2: HIGHWAY EASEMENT That portion of the Southeast quarter of the Southwest quarter of Section 20, Township 5 South, Range 9 West, San Bernardino Meridian, in the City of Santa Ana, County of Orange, State of CalRomia, as described in a Geed recorded April 8, 1964 in Book 6995, Page 445 of Official Records in the office of the County Recorder of said County, lying southeasterly of the following described lime: BEGINNING at a paint an that certain course described as having a bearing of North 49020'48" West and a length of 51.13 in the southwesterly line of the land described in said Geed, distant thereon South 49°21'02" East 43.09 feet from the northwesterly terminus of said certain course; thence leaving said southwesterly line, North 4W38'58" East 42.27 feet; thence North 3904605" East 2.75 feet to the northeasterly line of the land described in said Geed. EXCEPTING THEREFROM that portion lying southeasterly of the following described fine: BEGINNING at a point on that certain course described as having a bearing of North 49020'48" West and a length of 51,13 in the southwesterly line of the land described in said Geed, distant thereon South 49021'02" East 44.59 feet from the northwesterly terminus of said certain course; thence leaving said southwesterly line, North 40038'58" East 42.28 feet; thence North 39046'05" East 2.74 feet to the northeasterly line of the land described in said Deed. The bearings shown herein are based an the Callomia Coordinate System of 1983, Zone VI, North American Datum of 1983 (1991.35 epoch), The distances shown herein are grid distances. Ground distances may be obtained by dividing grid distances by the combination factor of 0.9999783C This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act, Signature; 1 VincentT. Davis, PLS Date: f T'Z:�b 2G,2 T, r4 No, 8496 City Council 15 — 22 7/20/2021 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Highway Easement Deed dated 20, from The City of Santa Ana, a municipal corporation, to the Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2018-050 adopted on May 14, 2018, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: z James G. Beil Executive Director, Capital Programs City Council 15 — 23 7/20/2021 ORANGE COUNTY TRANSPORTATTON AUTHORTTY CONFIDENTIAL This document contains pcoonal RIGHT OF WAY CONTRACT iuinformation, and pursuant to Ci��il Caddee section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. "Exhibit 3" Temporary Construction Easement Deed (Document No. 103739-3) City Council 1477943.1 15 — 24 7/20/2021 RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Clerk of the Board ORANGE COIJNTY TRANSPORI'A'I ION AUTHORITY 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 FREE RECORDING: This instrument is for the benefit of the Orange County Transportation Authority, and is entitled to he recorded without fee or tax. (Gov. Code, §§ 6103, 27383; mud Rev. & Tax. Code, § 11922.) APN: 403-072_02 Above Space for Recorder's Use District County Route Post Number 12 Orange SR-55 8.57 103739-3 GRANT OF EASEMENT (Temporary Construction Easement) THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION (hereinafter, "Grantor"), is the owner of that certain real property located in the City of Santa Ana, County of Orange, State of California, designated as Assessor's Parcel Number 403-072-02 ("Grantor's Property"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, ("Grantee"), its employees, agents, representatives, contractors, successors and assigns, a temporary easement for construction of the SR-55 Improvement Project, in, on, over, under, and across that portion of Grantor's Property more particularly described in Exhibit "C1", depicted in Exhibit "C2" and incorporated herein by this reference. The term of the easement described herein will commence on the date of the deposit of funds into escrow and expire sixty (60) months thereafter. DATED: GRANTOR: THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION 20_ By: Its: City Council 15 — 25 7/20/2021 ACKNOWLEDGEMENT 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 On before me, Notary Public, personally appeared 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. Signature (Seal) City Council 15 — 26 7/20/2021 EXHIBIT "C1" LEGAL DESCRIPTION CALTRANS PARCEL NO. 103739-3 TEMPORARY CONSTRUCTION EASEMENT APN 403-072-02 THAT PORTION OF THE LAND, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED RECORDED APRIL 8, 1964 IN BOOK 6995, PAGE 415, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF RITCHEY STREET, 60.00 FEET WIDE, AND THE EASTERLY TRACT BOUNDARY OF TRACT NO. 3638, PER MAP FILED IN BOOK 131, PAGES 36 AND 37, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CENTERLINE SOUTH SW30'43" EAST, 31.44 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 499.99 FEET; THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CENTERLINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2200545" AN ARC LENGTH OF 205.80 FEET; THENCE LEAVING SAID CENTERLINE ON A LINE RADIAL TO SAID CURVE SOUTH 22'05'45" EAST, 34.28 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID RITCHEY STREET, SAID POINT BEING THE MOST WESTERLY CORNER OF SAID LAND; THENCE LEAVING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE AND ALONG THE SOUTHWESTERLY LINE OF SAID LAND SOUTH 49°21'02" EAST, 43.10 FEET TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 4W38'58" EAST, 42.27 FEET; THENCE NORTH 39046'05" EAST, 2.75 FEET TO THE NORTHEASTERLY LINE OF SAJD LAND, - THENCE ALONG SAID NORTHEASTERLY LINE NORTH 49021'02" WEST, 3.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 39"46'05" WEST, 2.79 FEET; THENCE SOUTH 40038'58" WEST, 4225 FEET TO SAID SOUTHWESTERLY LINE; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 4902102" EAST, 3.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 135 SQUARE FEET OR 0.G03 ACRES, MORE OR LESS. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE ill, NAD 83 (1991.35 EPOCH OCS ADJUSTMENT), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY City Council 15 — 27 7/20/2021 Page ] ut ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "C2", ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 2113120 DATE City Council se 2 af 2 15 — 28 7/20/2021 PLAT TO ACCOMPANY LEGAL DESCRIPTION SEE SHEET 2 FOR DETAIL 'A' AND LINE TABLE MY DIRECTION: ■ 2/1312020 IMOTHY dr FETTI P.L.S. 7542 DATE J5Yo i ti 'J /f SEE DETAIL 'A ON SHEET 2 ! m LD Cr m C1 rr©`Cn C) a J �M INST. NO. 2013000004058 O.R. REC.1/03/2013 A�, I f I WARNER AVENUE THE BEARINGS AND DISTANCES SHOWN ARE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83). ZONE VI, NAD 83 (1991.35 EPOCH O.C.S. GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GRID DISTANCES. DoADE THE GRID DISTANCES SHOYM BY 0,99997834 TO OBTAIN GROUND DISTANCES. SHEET 1 OF 2 City Council 15 — 29 7/20/2021 TCE U err, R� 103i39-3 L7 135 SOFT, 6995/415 O.R. L REC.4I0811964 APN 403-072-02 r4� 3• L 9 v htr� � IV �fl TPOB DETAIL 'A' NO SCALE SHEET 2 OF 2 EXHIBIT °C211 103739-3 LINE TABLE N0. BEARING LENGTH L1 S $8'34'43" E .31.aa' L2 S 22'05'45" E 34.2$' CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated , 20 , from THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, to the Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2018-050 adopted on May 14, 2018, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: James G. Beil Executive Director, Capital Programs City Council 15 — 31 7/20/2021 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTi4L This document contains pon RIGHT OF WAY CONTRACT information, andnd pursuant to Civill Code ,,damn 179821, it sball be kept confideirtiet in order to protect against unauthorized disclosure. SR-55 IMPROVEMENT PROJECT Portion of the Pullman Street right of way located north N/A (portion of of Dyer Road/south of Warner Avenue Pullman Street right Santa Ana, California 104104 of way) Property Address Parcel No. APN. 6071(129) N/A Federal Project No. Escrow No. Title Order No. RIGHT-OF-WAY CONTRACT The City of Santa Ana, a municipal corporation (hereinafter, "Grantor"), owns a portion of the Pullman Street right of way located north of Dyer Road and south of Warner Avenue, in the City of Santa Ana, California, in the County of Orange, Assessor Parcel Number N/A (portion of Pullman Street right of way) (the "Property"). A portion of the Property is needed for construction of the SR-55 Improvement Project, a public project designed to accommodate the widening of the SR-55, increase freeway capacity, improve traffic and interchange operations and enhance road safety (the "Project"). Document No. 104104 in the form of a Public Utility Easement Deed (Exhibit "1") to the Orange County Transportation Authority ("OCTA"), covering the property interest as described and depicted in Exhibits "A" and "Al" attached to Exhibit 1" (the "Property Interest"), has been executed and delivered to Jesse Ortiz, Senior Right -of -Way Agent for Epic Land Solutions, Inc., agent for OCTA. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: (A) The parties have herein set forth the whole of their agreement ("Agreement"). The performance of this Agreement constitutes the entire consideration and shall relieve OCTA of all further obligations or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) OCTA requires said Property Interest described in Document No. 104104 for the Project, a public use for which OCTA has the authority to exercise the power of eminent domain. Grantor is compelled to sell, and OCTA is compelled to acquire the Property Interest. (C) Both Grantor and OCTA recognize the expense, time, effort, and risk to both parties in determining the compensation for the Property Interest by eminent domain litigation. The compensation set forth herein for the Property Interest is in compromise and settlement, in lieu of such litigation. (D) It is agreed that OCTA shall open an escrow in accordance with this Agreement at an escrow company of OCTA's choice ("Escrow Agent"). This Agreement constitutes the joint escrow instructions of OCTA and Grantor, and the Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow within sixty (60) days following the opening of escrow. 2. (A) OCTA shall pay the undersigned Grantor the sum of Zero Dollars and Zero Cents ($0.00) in accordance with the "Cooperative Agreement No. C-0-2201 between Orange City Council 15 — 32 7/20/2021 Page 1 of 6 1594010.1 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTi4L sonal RIGHT OF WAY CONTRACT This aoeuand contains perCO& information, and pursuant to Civil Codc aeawn 179821, it sball be kept confidentiat in order to protect against unauthorized disclosure. County Transportation Authority and City of Santa Ana for State Route 55 Improvement Project" in lieu for the project costs to acquire property rights in favor of Grantor, for the Property Interest conveyed by Document No. 104104 when title to said Property Interest vests in OCTA free and clear of all liens, deeds of trusts, encumbrances, assessments, easements and leases (recorded and/or unrecorded). (B) OCTA will pay all usual escrow and recording fees incurred in this transaction, and if title insurance is desired by OCTA, the premium charged therefore. Due to OCTA's status as a public agency, no recording fees will be payable (pursuant to Government Code Section 27383) and no documentary transfer tax will be payable (pursuant to Revenue & Taxation Code Section 11922). This transaction may be handled through an external escrow with Golden State Escrow or another selected escrow company to be determined. 3. FULL AND COMPLETE SETTLEMENT. Grantor hereby acknowledges that it is the sole and lawful owner of the Property and the compensation paid to Grantor through this Agreement constitutes the full and complete settlement of any and all claims against OCTA and the State of California, Department of Transportation (hereinafter, individually and collectively, "Releasee") by reason of the Project and/or acquisition of the Property Interest, including, but not limited to, any and all rights or claims that Grantor had, currently has or may in the future have under Article 1, Section 19 of the California Constitution, the Eminent Domain Law, or any other law or regulation, except as provided herein. Grantor, on behalf of itself and its successors and assigns, further knowingly and voluntarily waives and expressly releases and discharges Releasee and any and all of Releasee's employees, agents, officers, servants, representatives, contractors, attorneys, partner agencies and assigns, from liability in regard to any claims for the following: pre -condemnation damages, inverse condemnation, lost business goodwill, lost profits, lost rents, severance damages, mitigation damages, compensation for the construction and use of the Project in the manner proposed, damage to or loss of improvements pertaining to the realty, machinery, fixtures, inventory, equipment and/or personal property, interest, any right to repurchase, leaseback, or receive any financial gain from, the sale of any portion of the Property, any right to challenge the adoption of a resolution of necessity, any right to receive any notices pursuant to Code of Civil Procedure section 1245.235, any right to enforce any obligation pursuant to the Eminent Domain Law, any other rights conferred upon Grantor pursuant to the Eminent Domain Law, and claims for litigation expenses, attorney's fees, statutory interest and/or costs. Grantor further consents to the dismissal of any Eminent Domain proceeding that is filed pertaining to the Property Interest and further waives all attorney's fees, costs, claims to money on deposit, disbursements and expenses in connection with the dismissal of said proceeding. 4. The parties intend that this Agreement will result in a full, complete and final resolution and settlement of any and all claims, causes of action or disputes which exist, or may exist, between them as to the acquisition, possession and/or use of the Property Interest, except as expressly provided herein. It is therefore understood that the waiver, under this Agreement, of any rights, damages, compensation or benefits to which Grantor is, or may be, entitled is intended to be full and complete. Accordingly, except as provided herein: (A) Pursuant to the releases set forth in this Agreement, Grantor specifically waives the provision of section 1542 of the Civil Code of the State of California which provides: City Council 15-33 Page 2 of 6 1594010.1 7/20/2021 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTi4L RIGHT OF WAY CONTRACT This document enata;to pl Cody information, and pursuant to Civil Code ,,damn 179821, it sball be kept confideniiat in order to protect against unauthorized disclosure. "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." (B) Grantor represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice. 5. Any monies payable under this Agreement up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 6. Grantor represents and warrants that it is the fee simple owner of the Property and that it has the right to convey the Property Interest. Grantor will defend and indemnify OCTA, its successors and/or assigns against any and all claims, demands, causes of action filed against OCTA, its successors and/or assigns by someone claiming a legal interest in or right to the Property, or any portion thereof. Grantor represents and warrants that it will defend and indemnify OCTA, its successors and/or assigns in the amount of any due and unpaid liens and any penalties and delinquencies on the Property. Grantor represents and warrants that it has made no assignment of any interest in the Property. Grantor acknowledges that there are no tenants on the Property. Grantor represents and warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month. Grantor agrees to defend and indemnify and hold OCTA harmless and reimburse OCTA for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Grantor for a period exceeding one month. Grantor acknowledges that a general release or quitclaim deed will be required from any lessee that has a lease term exceeding one month. Said general releases or quitclaim deeds are to be provided to Golden State Escrow, other selected escrow company, or OCTA by Grantor, prior to the close of escrow. The provisions of this paragraph shall apply to current leases on Grantor's Property as well as future leases, if any, that are entered into after the execution of this Agreement. 8. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2(A) above is payment in full to compensate Grantor for the purchase of the following improvements: None. Grantor agrees that it is not entitled to compensation for any other improvements located within the areas of the Property Interest being purchased pursuant to this Agreement. 9. It is understood and agreed by and between the parties hereto that the following improvements within the areas of the Property Interest will be protected in place: None. It is further understood and agreed to by and between the parties hereto that the following improvements within the areas of the Property Interest will be relocated: None. City Council 15-34 Page 3 of 6 1594010.1 7/20/2021 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTi4L RIGHT OF WAY CONTRACT This document enata;to pl Cody information, and pursuant to Civil Code ,,damn 179821, it sball be kept cunfideniiat in order to protect against unauthorized disclosure. 10. OCTA shall not take actual/physical possession of the Property Interest until thirty (30) days advance notice by OCTA or OCTA's contractor is given to Grantor of OCTA's taking actual/physical possession of the Property Interest. Prior to OCTA's actual/physical possession of the Property Interest, Grantor agrees to hold harmless, defend and indemnify OCTA, its officers, directors, employees and agents against any and all claims, including property damage or injuries resulting from the use of the areas within the Property Interest by Grantor and/or Grantor's guests, invitees, or any other person. OCTA shall not be deemed to have control of the areas within the Property Interest nor duty to maintain the areas within the Property Interest in a safe condition prior to the time OCTA or OCTA's contractor take actual/physical possession of the areas within the Property Interest. Grantor agrees to name OCTA as an additional insured under its current insurance policy. Grantor further agrees to notify OCTA in writing within thirty (30) days of any potential claim relating to the areas within the Property Interest prior to OCTA taking actual/physical possession of the areas within the Property Interest. 11. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages, which have accrued or may accrue to Grantor's remaining property by reason of its severance from the property conveyed herein and/or the construction and use of the proposed Project, including, but not limited to, any expense which Grantor may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction. 12. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Property Interest by OCTA, including the right to remove and dispose of improvements within the Property Interest, shall commence on the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 13. Any notice either party may or is required to give the other shall be in writing and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses: To Grantor: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Kenny Nguyen To OCTA: 550 South Main Street Orange, CA 92863-1584 Attn: Joe Gallardo 14. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, City Council 15-35 Page 4 of 6 1594010.1 7/20/2021 ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTi4L RIGHT OF WAY CONTRACT This document enata;to pl Cody information, and pursuant to Civil Code ,,damn 179821, it sball be kept confideniiat in order to protect against unauthorized disclosure. subsequent purchasers, successors, and/or assignees. OCTA may freely assign any or all of its interests or rights under this Agreement. 15. Grantor represents and warrants that during the period of Grantor's ownership of the Property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the Property. Grantor further represents and warrants that Grantor has no knowledge of any disposal, release, or threatened release of hazardous substances or hazardous wastes on, from, or under the Property which may have occurred prior to Grantor taking title to the Property. The acquisition price of the Property Interest being acquired in this transaction reflects the full and complete settlement of the Property Interest without the presence of contamination. If the Property Interest being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, OCTA may elect to recover its clean-up costs from those who caused or contributed to the contamination including, but not limited to, Grantor. 16. It is understood and agreed that the fully executed Public Utility Easement Deed may be recorded in the Recorder's Office for the County of Orange. 17. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and may not be modified except by an instrument in writing signed by the party to be bound thereby. 18. If any term or provision of this Agreement shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. 19. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement. 20. This Agreement may be executed in counterparts, including by facsimile and/or electronic mail, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 21. OCTA reserves the right to cancel escrow and terminate this Agreement if at any time OCTA determines that the Property Interest is no longer needed for the Project. 22. This Agreement may be subject to approval by OCTA's governing Board of Directors. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS City Council 15-36 Page 5 of 6 1594010.1 7/20/2021 ORANGE COUNTY TRANSPORTATION .AUTHORITY RIGHT OF WAY CONTRACT CONFIDENT19L This document contains personal information, and pursuant to Civil Code section 1798.21, it shall be kept confideiniat in order to protect against unauthorized disclosure. In Witness Whereof, the parties have executed this Agreement on the day and year set forth below. GRANTOR: THE CITY OF SANTA ANA, a municipal corporation DATE Its: M DATE Its: APN OM AS TO FORM T�---- --hN M. Ftmk Awi tset City Attm" ORANGE COUNTY TRANSPORTATION AUTHORITY James G. Beil DATE Executive Director, Capital Programs APPROVED AS TO FORM: James Donich DATE General Counsel Orange County Transportation Authority City Council 15-37 Page 6 of 6 1584010.1 7/20/2021 ORANGE COUNTY TRANSPORTATION .AUTHORITY RIGHT OF WAY CONTRACT Exhibit " 1 " Public Utility Easement Deed (Document No. 104104) CONFIDENTIALL This document contains personal information, and Pursuant to Civil Code section 179821, it sball be kept confidentiet in order to protect against unauthorized disclosure. City Council 1594010.1 15-38 7/20/2021 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2ND FLOOR POMONA, CA 91768 ATTN: TITLE 8a REAL ESTATE SERVICES GRANT OF EASEMENT Location: City of Santa Ana A.P.N.: Pullman Street V&LM File No.: ACQ203698698 SCE Doc No.: 523392 E ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Serial No. 73051 A Service Order No. 801843918 APPROVED OR COMPUTED ON FULL VALUELESS LIENS AND Vegetation & Land ENCUMBRANCES REMAINING AT TIME OF SALE Management SO. CALIF. EDISON CO. BY SF DATE 06/22/2021 SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME THE CITY OF SANTA ANA, a municipal corporation, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", all those certain permanent easements and rights of way to construct, operate, use, maintain, alter, add to, reconstruct, enlarge, repair, renew, replace, inspect, and/or remove, at any time and from time to time, underground electrical systems and communication systems, hereinafter referred to as "systems" consisting wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for conveying electric energy to be used for light, heat, power, and for transmitting intelligence by electrical means and/or other purposes, in, under, on, over, along and across a strip of land, of varying width, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, situated in the City of Santa Ana, County of Orange, State of California, described as follows: The said Right of Way Strip is more particularly described on the Exhibit "A" and more particularly shown on the Exhibit "A-1", both attached hereto and by this reference made a part hereof. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said Right of Way Strip, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted. Grantor shall not excavate or change, nor permit the excavation or changing of the surface of the ground of the above described real property without the previous written consent of the Grantee, which consent shall not be unreasonably withheld. The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit eiljbg�UybC_&sors and assigns of Grantor and ther�,.ucgCkssors and assigns of GFm?tL -)I Grant of Easement The City of Santa Ana to S.C.E. Co., a Corp. Serial No. 73051A V&LM File No.: ACQ203698698 IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this day of 20 The City of Santa Ana, a municipal corporation By Name: Title: By — Name: Title: City Council -2- 15 — 40 7/20/2021 Grant of Easement The City of Santa Ana to S.C.E. Co., a corp. Serial No. 73051A V&LM File No.: ACQ203698698 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 On before me, , a Notary Public, personally appeared 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. Signature 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 1 On before me, , a Notary Public, personally appeared 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. Signature City Council -3- 15 — 41 7/20/2021 EXHIBIT "A" LEGAL DESCRIPTION SERIAL NO: 73051A Parcel 104104: UNDERGROUND TRANSMISSION EASEMENT Those portions of Lots 97 and 106 in Block 9 of Irvine's subdivision, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 1, Page 88 Miscellaneous Maps, in the Office of the County Recorder of said County, more particularly described as follows: COMMENCING at the centerline intersection of Pullman Street and Carnegie Avenue, both being 60 feet wide, as shown on a map filed in Book 210, Pages 39 through 41, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County; thence S49°21'14"E, 12.14 feet along the centerline of said Carnegie Avenue to the POINT OF BEGINNING; thence leaving said centerline the following courses: 1) South 39001'08" West, 172.52 feet; 2) South 39011'33" West, 484.40 feet; 3) South 3801816" West, 55.23 feet; 4) South 39009'41" West, 117.81 feet to the beginning of a curve, concave southeasterly and having a radius of 383.38 feet; 5) Southwesterly, 220.14 feet along said curve through a central angle of 32054'00" to a point of reverse curve, concave northwesterly and having a radius of 15.50 feet, a radial line to said point bears South 8304419" East; 6) Southwesterly, 13.95 feet along said reverse curve through a central angle of 51 °34'56"; 7) South 57°50'37" West, 28.93 feet to the beginning of a curve, concave northwesterly and having a radius of 15.50 feet; 8) Southwesterly, 4.71 feet along said curve through a central angle of 17024'03" to the northeasterly line of that particular Right of Way easement to Southern California Edison as described in a document recorded in Book 11113, Page 54 of Official Records in the Office of said County Recorder; 9) North 29009'50" West, 6.33 feet along said northeasterly line to the beginning of a curve, concave northwesterly and having a radius of 9.50 feet, a radial line to said point bears South 05012'40" East; 10) Leaving said northeasterly line, northeasterly, 4.47 feet along said curve through a central angle of 26°56'43"; 1 of 4 City Council WO#: 801843918 NA-A698698 7/20/2021 SERIAL NO. 73051A 11) North 57°50'37" East, 28.93 feet to the beginning of a curve, concave northwesterly and having a radius of 9.50 feet; 12) Northeasterly, 8.55 feet along said curve through a central angle of 51 °34'56" to a point of reverse curve, concave southeasterly and having a radius of 389.38 feet, a radial line to said point bears North 83'44'19" West; 13) Northeasterly, 223.59 feet along said reverse curve through a central angle of 32°54'00"; 14) North 39°09'41" East, 117.76 feet; 15) North 38'18'16" East, 36.41 feet; 16) North 5005512" West, 3.60 feet; 17) North 39004'48" East, 18.83 feet; 18) South 5005512" East, 3.35 feet; 19) North 39011'33" East, 484.41 feet; 20) North 50°58'48" West, 2.76 feet; 21) South 40°38'58" West, 223.81 feet; 22) South 39°49'51" West, 360.19 feet; 23) South 39°34'26" West, 203.78 feet; 24) North 50025'34" West, 1.33 feet to a point on the northwesterly line of hereinbefore mentioned Pullman Street, said point also being on a curve concave southeasterly and having a radius of 429.99 feet, a radial line to said point bears North 68032'56" West; 25) Northeasterly, 132.49 feet along said curve and said northwesterly line through a central angle of 17°39'14"; 26) Continuing along said northwesterly line, North 39006'18" East, 212.03 feet; 27) Leaving said northwesterly line, North 39049'48" East, 221.59 feet; 28) North 40°38'58" East, 692.49 feet; 29) North 49°21'02" West, 2.50 feet; 30) North 40°38'57" East, 158.52 feet; 31) South 49°21'02" East, 4.09 feet to the beginning of a non -tangent curve, concave southeasterly and having a radius of 349.05 feet, a radial line to said point bears North 40045'06" West; 32) Northeasterly, 25.14 feet along said curve through a central angle of 04007'37" to a point of non -tangent curve, concave southeasterly and having a radius of 421.99 feet, a radial line to said point bears North 33026'29" West; 33) Northeasterly, 4.51 feet along said non -tangent curve through a central angle of 00036'43"; 2 of 4 City Council 1 = 7/20/2021 SERIAL NO. 73051A 34) North 40°38'58" East, 25.66 feet to a point on the northerly line of hereinbefore mentioned Pullman Street, said point also being on a non - tangent curve, concave southeasterly and having a radius of 429.99 feet, a radial line to said point bears North 29°33'00" West; 35) Northeasterly, 52.66 feet along said non -tangent curve and said northerly line through a central angle of 07°01'01"; 36) Leaving said northerly line, South 49019'48" East, 4.18 feet; 37) South 40°38'58" West, 76.50 feet; 38) South 49°21'02" East, 0.42 feet to the beginning of a non -tangent curve, concave southeasterly and having a radius of 393.00 feet, a radial line to said point bears North 32'18'28" West; 39) Northeasterly, 99.08 feet along said non -tangent curve through a central angle of 14°26'41" to the cusp of a curve, concave northeasterly and having a radius of 15.50 feet, a radial line to said point of cusp bears South 35'13'30" West; 40) Northerly, 9.96 feet along said curve through a central angle of 36050'06", 41) North 17056'24" West, 23.59 feet to a point on the northerly line of hereinbefore mentioned Pullman Street, said point also being on a non - tangent curve, concave southeasterly and having a radius of 429.99 feet, a radial line to said point bears North 18°15'24" West; 42) Northeasterly, 6.00 feet along said non -tangent curve and said northerly line of Pullman Street, through a central angle of 00°47'58"; 43) Leaving said northerly line, South 17°56'24" East, 23.58 feet to the beginning of a curve, concave northeasterly and having a radius of 9.50 feet; 44) Southeasterly, 14.62 feet along said curve through a central angle of 88009'30" to a point of reverse curve, concave southerly and having a radius of 393.00 feet, a radial line to said point bears North 16005'54" West; 45) Easterly, 184.05 feet along said reverse curve through a central angle of 26050'00" to a point of reverse curve, concave northwesterly and having a radius of 9.50 feet, a radial line to said point bears South 10044'06" West; 46) Northeasterly, 14.82 feet along said reverse curve through a central angle of 89°22'25"; 47) North 11°21'41" East, 23.83 feet to the northerly line of hereinbefore mentioned Pullman Street, said point also being on a non -tangent curve, concave southerly and having a radius of 429.99, a radial line to said point bears North 11 047'43" East; 3 of 4 City Council 1 = 7/20/2021 SERIAL NO. 73051A 48) Southeasterly, 10.38 feet along said curve and said northerly line through a central angle of 01 °23'00"; 49) Leaving said northerly line, South 11'21'41" West, 2.25 feet; 50) North 78'38'19" West, 4.38 feet; 51) South 11'21'41" West, 21.38 feet to the beginning of a curve concave northwesterly and having a radius of 15.50 feet; 52) Southerly, 24.18 feet along said curve through a central angle of 89022'25" to a point of reverse curve, concave southerly and having a radius of 387.00 feet, a radial line to said point bears North 10044'06" East; 53) Westerly, 355.00 feet along said reverse curve through a central angle of 52°33'29"; 54) South 40°38'58" West, 120.55 feet; 55) South 40'37'14" West, 137.26 feet; 56) South 40°33'59" West, 26.71 feet; 57) South 39°01'08" West, 131.47 feet to the POINT OF BEGINNING. The above described parcel contains a grid area of 45,381 square feet or 1.042 acres, more or less. All found monument descriptions and basis of bearings are as shown on Exhibit "Al" attached hereto and made a part hereof. This description is not intended for use in the conveyance of land in violation of the Subdivision Map Act of the State of California. The bearings shown herein are based on the California Coordinate System of 1983, Zone VI, North American Datum of 1983 (1991.35 epoch). The distances shown herein are grid distances. Ground distances may be obtained by dividing grid distances by the combination factor of 0.99997834. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Signature: �11- Z' Vincent T. Davis, PLS Date: 14 Jun 2021 4 of 4 ANT T. JG\ K No. 8496 o a jV OF City Council 1 = 7/20/2021 PJ P.O.C. q� INTERSEcriovl NORTHWESTERLY LINE \ PULLMAN STREET �G i� (RSB 258124-541 C PARCEL 104104 P� VPDT UNDERGROUND TRANSMISSION EASEMENT (45,381 SQFT+/-) �0 /4) EXISTING CALTRANS R/W (RSB 258/24-34) Au/ v � Y 44'/S �o C 505`12'40"E (R) L15 '�.�.. NORTHEASTERLY LINE OF V / EXISTING EASEMENT TO SCE (11113154 O.R.) v SEE PAGE 2 FOR CONTINUATION \\� P.O.B. Q�Q \Z- 6- iTNDERGROT'ND F \ TRANSMISSION l04/04 EASEMENT (45,381 SOFT +) 430 032 /0) 0 ON�o�NjH3 0PN: 430 032-26 R Q� EXHIBIT "A i " COUNTY: ORA RTE: 55 NOT TO SCALE P.M.: 8.3 DATE: JUN 2021 PARCEL: 104104 15-46 EXISTING CALTRANS R/W (RSB 258124-34) P Y.O.C. ( INTERSECTION) \\\\ 44� 0, / P.O.B. P� tcC 8 L24,v NIg15,z4„W (R1 pip L26 Cj3 L30 L29�C14 C12 APN: 4 0 2/03 04� NII`47'43"E _(R) C15 01� N3Z�0. N35\3!3 7 L32 C16v L33 M APN: 43\011-04 P, UNDERGROUND TRANSMISSION 0 EASEMENT (45,381 SOFT ±) N�� c� �APND 430\1105 0� �o. EXHIBIT "All' RT:55COUNTY: URA NOT TO SCALE xTE: ss PARCEL: 104104 15-47 LINE DATA: CURVE DATA: NO. BLARINC DISTANCE Ll S39'01'08"W 172.52' L2 S39'11'33"W 484.40' L3 S38'18'16"W 55.23' L 4 539°09'41 W 117.81' L5 S57'50'37"W 28.93' L6 N29'09'50"W 6.33' L7 N57'50'37'E 28.93' L8 N39'09'4/"E 117.76' L9 N38'18'16"E 36.41' Ll0 N50'55'12"W 3.60' Lll N39'04'48"E 18.83, L12 S50'55'12E 5.55, L13 N39-11'33"E 484.41' L14 N50'58'48"W 2.76' L15 S40'38'58"W 225.81, Ll6 S39'49'11°W 560.19' L17 S39'541261N 203Z8' L18 N50'25'34"W 1.33' L19 N39°06'18"E 212D3' L20 N39'49'48"E 22159' L21 N40'38158"E 692.49' L22 N49'21'02"W L50' L2j N40'38'57"E 158.52 L24 549'21'02"E 4.09' L25 N40'38158"E 25.66' L26 S49°19 48"E 4.18, L27 S40'58'58"W 7650' L28 549'2/102"E 0.42' L29 N17'56'24"W 2359' L30 S17'56'24"E 23.58' L 5 / Nll'2/'41"E 23.83, L52 S11-21'41"W 2.25' L33 N78'38'19"W 4Z8' L 5 4 Sl1'21'41"W 2138' L35 S40'58158'W 120.55' L36 S4 C3T14"W 137.26' L37 S40°33'59°W 26.71' L38 S39'01'08"W 151.47' NO. RADIUS LENGTH TANGENT Cl 32'54'00" 383.38' 220.14' 113.20' C 2 51'34'56" 1550' 13.95, E49' C3 /724'03" 1550' 4.71' 2.57' CA 26'56143" 9.50' 4.47' 2.28' C5 5/'34156" 9.50, 8.55, 4.59' C 6 32'54100" 389.58' 223.59, 114.97' C7 /7'59 /4" 429.99' 132.49' 6E77' C 8 04'07137' 549.05' 25.14' 12.58' C 9 00,561431 421.99' 451' 2.25' C/o 07,0/101" 429.99' 52.66' 26.36' C 1 / 14'26141" 393.00, 99.08, 49.80' C l2 36'50'06' 15.50' 9P96' 5.16' C l3 04'47'58' 429.99' 6.00' 3L0' C14 88'09130" 9.50' 14.62' 9.20' C 15 26'50'00" 393.00' 184D5' 9- .Z5' C l 6 89'22125' 9.50' 14.82' 9.40' C l7 01'23100" 429.99' 10.38' 5./3' C181 89,22125, 15.50' 24.18' C19 52°33129' 387.00' 355.00' 191.09' LEGEND: P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT RIW = RIGHT OF WAY == EASEMENT AREA SCE= SOUTHERN CALIFORNIA EDISON Y54T9 ILA- VINCENT T. DAVIS 21 Jun 2021 DATE DATUM: NAD83 EPOCH 1991.35 ORANGE COUNTY SURVEYOR ADJUSTMENT COORDINATE SYSTEM: CCS83 ZONE 6, COORDINATES, BEARINGS, DISTANCES COMBINED FACTOR: 0.99997834 (GROUND = GRID/COMBINED FACTOR) COUNTY: PARCEL: EXHIBIT //��1 1 " RTE: 55O RA NOT TO SCALE 104104 P.M.: 8.3 DATE: JUN 2021 i ounci 15 - 48 7/20/2021 5 Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Traffic Counting Services AGENDA TITLE Approve Agreements with Transportation Studies, Inc. and Aim Traffic Data, LLC in an Aggregate Amount not to Exceed $100,000 for up to a Five-year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Transportation Studies, Inc. and AimTD, LLC to provide traffic counting services for a three-year term beginning July 20, 2021 and expiring June 30, 2024, with provisions for two, one-year extensions exercisable by the City Manager and the City Attorney, in a total aggregate amount not to exceed $100,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION City staff requires current traffic counts and field data to recommend traffic improvements that will lead to positive benefits to the community. Specialized traffic counting services are needed to conduct these counts, which are used for neighborhood studies, the bi- annual citywide traffic volume study, pedestrian/bicycle data, and the annual traffic signal and left -turn signal priority studies. Additionally, data collection and speed survey services are needed to support the speed hump program. A Request for Proposals (RFP) for annual traffic counting services was posted on the City website on Monday, April 19, 2021. Four consultants submitted proposals. The proposals were reviewed by a three -member committee composed of Public Works Agency staff. The proposals were rated based on experience, qualifications, project understanding, scheduling, past performance, cost and the overall proposal. The RFP required each firm to submit proposed fees for a hypothetical work scenario. The scenario costs were used to compare and rate the firms. The proposal scores and scenario costs are as follows: City Council 16 — 1 7/20/2021 Approve Agreements for Traffic Counting Services July 20, 2021 Page 2 Rank Firm Average Score Total Scenario Cost 1 Transportation Studies, INC. 98 $18,937 2 Aim Traffic Data, LLC 95 $20,920 3 National Data & Surveying Service 93 $19,775 4 Quality Traffic Data, LLC 74 $26,475 Based on rating and cost, it is recommended that Transportation Studies, Inc. and AIM Traffic Data, LLC, be retained for traffic data collection services. The consultant will be paid only for the services performed as requested by staff and in accordance with the rates submitted in its proposal. The contract will include an option to extend the agreement for two additional one-year terms, for a maximum term of five years. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The total aggregate amount of the agreements is not to exceed $100,000 for the term of the agreements including the extension option. The table below summarizes the estimated expenditures by Fiscal Year for the 3-year term of the agreements. The funds will be carried forward if the option to extend the agreements is exercised. Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account No. Description Account Description Measure M Measure M2 Local 2021-22 03217662-66220 Street Fairshare, $40,000 (21-6897) Construction Improvements Other Than Building Measure M Measure M2 Local 2022-23 03217662-66220 Street Fairshare, $10,000 (21-6897) Construction Improvements Other Than Building Measure M Measure M2 Local 2022-23 03217662-66220 Street Fairshare, $30,000 (22-6897) Construction Improvements Other Than Building Measure M Measure M2 Local 2023-24 03217662-66220 Street Fairshare, $20,000 (22-6897) Construction Improvements Other Than Building Total $100,000 City Council 16 — 2 7/20/2021 Approve Agreements for Traffic Counting Services July 20, 2021 Page 3 EXHIBIT(S) 1. Request for Proposal #21-050 2. Agreement TSI 3. Agreement AIM TD Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 16 — 3 7/20/2021 REQUEST FOR PROPOSALS (RFP) FOR TRAFFIC COUNTING SERVICES RFP NO.: 21-050 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 Azadeh Azad Project Manager (714) 647-5655 Office aazad(&,santa-ana.or¢ for Release: KEY RFP DATES (Subiect to chance at discretion of Citv): Issue Date: Deadline for Requests for Information: Proposal Due Date: Projected Award Date: L/ Zdenek Kekula Principal Civil Engineer Public Works Agency Monday, April 19, 2021 Monday, May 3, 2021 Monday, May 10, 2021; 5:00 PM. Tuesday, July 6, 2021 City Council 16 — 4 7/20/2021 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Construction Management and Inspection Services. Responses to this Request for Proposals (RFP) must be submitted electronically to the P1anetBids system no later than May 10, 2021 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR TRRAFIC COUNTING SERVICES RFP NO.21-050 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: AZADEH AZAD Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanctBids. All notifications, requests for information, updates and addenda will be posted online on P1anetBids at httos://www.planetbids.com/oortal/portal.cfin?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City Council City of anaaAna 2 = 7/20/2021 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS g A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 10 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATION ATTACHMENT 4: PROPOSERS CERTIFICATION AND PROPOSAL ITEM RICING ATTACHMENT 5: SAMPLE COUNTS SHEETS City Council City of Page 3 u 7/20/2021 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking a traffic counting service company. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11" x 17". Proposal Evaluation and Rating_ The criteria for evaluating the SOQ submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 25% • Relevant Project Experience 20% • Schedule of Delivery 10% • References 10% • Fee 10% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City o Santa Ana RF 1- 0 City Council page 4 7/20/2021 Project Funding Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Term of Contract Agreement: The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. City Council City of Santa Ana RFRE'1_0R0 7/20/2021 Page 5 II. &waft The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in P1anetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at littps://www.planetbids.com/portal/portal.cftn?CompanylD=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. IBI■10381MAIMN]J City o Santa Ana RF 1- 0 City Council page 6 7/20/2021 The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City Council City of Santa Ana 1_1" 7/20/2021 Page 7 /•Ms)IMMA-1 1. The number of Proposal Conies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF QUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. ity o Santa Ana F 1- City Council Page 8 — 7/20/2021 d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, client name and contact information, and name of consultant project manager. City of Santa Ana staff may conduct site visits at select projects. f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in P1anetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: City Council n y of Santa Anea9 I -9by7/20/2021 • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. City Council y ot banta An 10 Tel —A" 7/20/2021 For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order. VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Council My 3T Santa Ana RF= 7/20/2021 Page 11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO.: 21-050 DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi-annual city-wide Average Daily Traffic study, City-wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, one or two firm(s) will be selected. The City will enter into an agreement with the firm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. II. The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. III. City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one-year terms, for a total maximum total of 3 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as - needed basis. This may include, but not be limited to 24-hour ADT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6-hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: For each ADT volume count, a two -directional 15-minute count sheet with hourly totals, similar in format to the sample in Attachment 5. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. For of the Page 1 intersection (sample in Attachment 5). For each manual turning movement count, a 15-minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. For each intersection pedestrian count, a 15-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2-month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. C. Traffic Flow Maps, sample in Exhibit I, will be included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. City of Santa Ana RFP 21-050 Page 2 Appendix ATTACIDIENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this _ day of , 2021 by and between ("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 City desires to retain a consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. iI 4163 43 19 DMM14V Y ti)►i a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. Non-FSu gR.Y.9 q) 16— 17 7 1b2l11 b. Payment by City shall be made within 45 days (forty-five) 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 which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a with the option for the City to grant up to a renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 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 subcontractors to agree in writing that City is granted a non-exclusive and Non-FedYUr g (6.1.2 11) 16 — 18 7 111 perpetual license for any Documents & Data the subcontractor 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 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, 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, and representatives as additional insured(s); (b) be primary and not contributory 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 provisions of Section 3700 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. 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. 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 canceled or Non -Fe Citddi s�°uncii) 16 — 19 7 �)2111 reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. 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, contractors,. 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, its subcontractors, agents, employees, or other persons acting on its 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its 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 City pursuant to this Agreement. Non-FedT' di gQ61 2A) 16 — 20 7YGt0leA2A 11 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. Non-Fed9un 11 (6.Y,W 16 — 21 7&WA2f111 14. 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 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 is 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 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. 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(s) 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. 17. 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. Non-F,9utYdmCg gq 991) 16 — 22 7/ 6211 1 18. 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. 19. 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. 20. 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. 21. 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: 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 Non-F SQm- g(ol"9A 16 — 23 7YL M?h2`111 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: 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 time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager Non-F.&'t&g(b.y.W) 16 — 24 7&apft2f111 APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: John Funk Assistant City Attorney FOR APPROVAL: Nabil Saba Executive Director Public Works Agency (name) (title) Non-F,P,',d gRq,991) 16 — 25 7ftie2bA 11 SCOPE OF SERVICES Non -Fed Funding (`gv6. i.28�(�P Ci1 16 - 26 7/20YM21P Of 1 I • is COMPENSATION Fee Proposal including hourly rates if applicable Non -Fed Fun n (`git(b.l:i(`�l ) ncil 16 — 27 7/2111 of 11 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 hi 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 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 persons) who appeared before me. Notary Public Signature Notary Public Seal City Council City of Santa Ana RF#T,23-t) 7/20/2021 Page A3-1 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: 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 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 $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City Council City of Santa Ana RFfo-24,2S _ 7/20/2021 Page A3-2 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 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 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 Execution Order 11246 of September 24,1965, and such other sanctions maybe 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 Council City of Santa Ana RF%?1 W 7/20/2021 Page A3-3 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 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 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: Title: Firm: Date: City Council City of Santa Ana RFfPA-Qq0 7/20/2021 Page A3-4 Appendix ATTACEMENT 4 PROJECT CONCEPT DRAWING (OR ANY ATTACHMENT NEEDED) Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Attachment A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on for services described in Attachment A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. The purpose of this form is to provide the City with a basis of comparison of the Consultant's fees. This form will be used for fee comparison purposes only. The table below is a possible annual cost scenario for traffic counting services. Fill in the appropriate unit prices from the Consultant's fee schedule and calculate the Consultant's annual total cost for the scenario. Type of Count Unit Cost No. of No. per Annual Total Cost Locations Year 24-Hour Single -Tube Count $ xl x50 = $ Assume: • One intersection, 4 approaches • 50 separately requested counts per year 24-Hour Dual -Tube Count $ x25 x5 = $ Assume: • 25 locations, simultaneously, in one neighborhood • 5 times per year Manual Turning Movement $ X15 x5 = $ Counts Assume: • 4-hour manual count (2 hours am & 2 hours pm) at 15 locations, simultaneously, in one neighborhood or in various locations throughout the City • One person counting at each location • 5 times per year 7/71V9n91 City of Santa Ana RFP 21-050 Page A4-1 Assume: • 4-hour count (2 hours am & 2 hours pm) at one location • One person counting + 5 separately requested counts per year Total LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) Me Ana RFP 21-050 Page A4-2 Appendix ATTACHMENT 5 SAMPLE COUNT SHEETS AND FLOW MAP City Council City of Santa Ana RFR87 CaE[ 7/20/2021 Page A4-2 1 o $ o a o p 3} 1 0 b F h Iry City Council 16 — 35 7/20/2021 City: SANTAANA N-S Direction: FLOWER STREET E-W Direction: SEGERSTROM AVE / DYER RD Start Date : 9/11/2012 Page No : 1 FLOWER STREET DYER ROAD FLOWER STREET SEGERSTROM AVENUE Southbound —Ri Westbound Nbound orth Eastbound Start Time Rt ht Thm_ hl! Thru Left RI ht Thru Left Right ht Thru Left Int. Total 07:00 AM 16 80 18 8 74 12 7 27 13 22 132 13 422 07:15AM 29 110 24 7 137 17 11 50 12 58 205 20 680 07:30 AM 21 135 10i 15 171 23 21 86 18 81 219 40 849 07:45 AM 23 100 15 _ 34 174 14 28 120 15 65 251 65 904 Total 89 425 76 64 556 66 67 283 58 226 807 138 2a1e 08:00 AM 13 61 22 6 95 8 19 56 20 30 250 31 611 08:15 AM 10 75 26 7 84 6 5 36 18 19 203 13 502 08:30 AM 7 48 20 7 72 6 3 45 13 11 162 8 402 08A5 AM 3 70 17 5 88 5 12 37 8 10 141 4 400 Total 33 254 85 25 339 25 39 174 59 70 756 561 1915 "'BREAK "' 01:00 PM 12 44 10 6 115 2 9 43 11 11 116 13 392 01:15 PM 10 40 15 8 114 9 7 38 5 14 104 6 370 01:30 PM 15 34 10 8 109 5 8 47 4 10 100 7 357 01:45 PM 9 57 12 13 162 6 9 44 15 12 124 10 473 Total 46 175 471 35 500 221 33 172 351 47 444 361 1592 02:00 PM 12 46 241 6 131 8 19 56 12 17 116 11 458 02:15 PM 11 66 7 3 158 14 5 56 10 14 1311 16 498 02:30 PM 12 67 22 13 170 13 9 64 16 27 123 15 551 02:45 PM 24 19 0 1 14 19 145 35 37 144 18 809 Total; 59 262 72 42 710 49 52 321 73 95 521 60 2316 03:00 PM 22 57 16 17 222 8 15 140 37 35 148 32 749 03:15 PM 36 52 22 22 170 12 14 93 23 27 223 62 756 03:30 PM 19 69 16 8 176 7 9 82 23 12 116 25 562 03:45 PM 22 48 17 18 238 10 8 104 27 0 127 18 647 Total 99 226 71 65 806 37 46 419 110 84 614 137 2714 04:00 PM 16 60 18 13 243 8 9 109 20 18 138 25 04:15 PM 16 71 24 18 259 5 13 108 16 26 135 26 677 717 04:30 PM 13 83 12 13 237 18 11 124 26 19 136 22 714 04:45 PM _. 12 71 —ji 21 270 10 17 118 40 35 177 31 811 Total 57 285 63 65 1009 41 50 459 102 98 586 104 2919 05:00 PM 21 76 21 21 258 12 13 129 22 21 153 05:15 PM 17 71 24 27 299 21 9 165 24 16 181 21 40 768 894 05:30 PM 32 77 23 24 252 11 25 147 37 19 179 26 852 05:45 PM 24 83 _ 10 17 230 131 17 144 32 29 172 30 8Q1 Total 94 307 781 89 1039 57 64 585 115 85 685 117 3315 Grand Total 477 1934 4921 385 4959 297 351 2413 5521 705 4413 648 17626 Appmh 0/1 1 16.4 66.6 16.9 6.8 87.9 5.3 10.6 72.8 16.6 12.2 76.5 11.2 Total % 2.7 11 2.8 2.2 28.1 1.7 2 13.7 3.1 4 25 3.7 City Council 16 — 36 7/20/2021 City: SANTA ANA N-S Direction: FLOWER STREET E-W Direction: SEGERSTROM AVE / DYER RD Start Date : 9/11/2012 Page No : 2 Peak Hour for EnBre Intersection Begins at 07:15 AM 07:15 AM 29 110 24 163 7 137 17 161 11 50 12 73 58 205 20 283 680 07:30 AM 21 135 19 175 15 171 23 209 21 86 18 125 81 219 40 340 849 07:45 AM 23 100 15 138 34 174 14 222 28 120 15 163 65 251 65 381 904 08:00 AM 13 61 22 96 6 95 8 109 19 56 20 95 30 250 31 311 611 Total Volume 1 86 406 80 5721 62 577 62 701 1 79 312 fi5 456 234 925 156 1315 3ndd FLOWER STREET F1301 r 7 T 17 B6 Right Thu Len �J lI L � Peak Hour Data w woo j �J North L--m 2 O r: m d_d tt € Peak Hour Begins at 07.15 Aof 2 c y r w� w INI� T Loft Thu i 6 1 . 79 ]0 E 581 Out In Total City Council 16 — 37 7/20/2021 City: SANTA ANA N-S Direction: FLOWER STREET E-W Direction: SEGERSTROM AVE / DYER RD STREET Peak Hour Analysis From 01:00 PM to 05:45 PM - Peak 1 Peak Hnur for Fnlire Inten..Amn Renine at nd-d5 PM FLOWER Start Date : 9/11/2012 Page No : 3 AVENUE 04:45 PM 12 71 9 92 21 270 10 301 17 118 40 176 35 177 31 243 811 05:00 PM 21 76 21 118 21 258 12 291 13 129 22 164 21 153 21 195 768 05:15 PM 17 71 24 112 27 299 21 347 9 165 24 198 16 181 40 237 894 05:30 PM 32 77 23 132 24 252 11 287 25 147 37 209 19 179 26 224 852 Total Volume 82 295 77 454 93 1079 54 1226 64 559 123 746 91 690 118 899 3325 %APP. Total 18.1 65 17 7.6 88 4.4 8.6 74.9 _ 16.5 10.1 76.8 13.1 PHF .641 .958 .802 .860 .861 .902 .643 .883 __640 .847 .769 .892 .650 .953 .738 .925 .930 FLOWER STREET 11 E:�R EM4 95 Right Thru Left � Lh Peak Hour Data wee z ms a Nonh t� W o O � Peak Hour Begins at 04:45 PM 4--2 0 ' m r m m 0 rcants w w 2 oe r [� w to N 4 T �. Left Thru Right 9 " 40! f 746 [-Jt36. Out In Total City Council 16 — 38 7/20/2021 12:00 AM 24 -- 16 4 —:..: p-...--- --- anal 12:15 17 8 5 1 44 12:30 11 13 2 0 31 12:45 5 0 2 1 26 01:00 6 7 3 1 8 01:15 10 3 1 0 17 01:30 3 5 4 0 14 01:45 5 5 0 1 12 02:00 7 4 2 1 11 02:15 2 1 14 02:30 1 5 4 9 02:45 8 2 2 0 7 03:00 6 3 0 0 12 0315 6 4 3 0 9 03:30 1 6 3 0 13 03:45 2 5 3 0 10 04:00 4 3 1 0 10 04:15 10 11 12 0 8 04:30 13 24 9 1 33 04:45 18 18 3 2 47 05:00 21 i8 16 0 41 06:15 23 28 18 2 63 05:30 33 63 25 4 71 05:45 44 52 18 3 115 06:00 47 50 19 3 117 06:15 72 64 10 7 119 06:30 53 68 28 5 153 06:45 60 83 27 3 154 07:00 110 100 40 6 173 07:15 152 158 30 7 256 07:30 176 193 61 6 347 07:45 213 168 40-. 8 436, 08:00 130 98 38 2 429 08:15 110 49 22 4 268 08:30 78 60 19 3 186 08:45 91 67 12 7 160 09:00 86 48 34 3 177 09:15 73 54 18 5 171 09:30 66 62 18 1 150 09:45 84 60 18 2 137 10:00 67 61 26 4 144 10:15 71 59 16 1 158 10:30 74 67 23 1 147 10:45 69 66 22 2 165 11:00 76 63 19 2 159 11:15 61 76 26 2 160 11:30 74 70 17 2 165 11:46 63 56 19 3 163 Total 2416 2183 743 107 41 41 ,arcenl 44 3% 401% 13 6% 2 0% 5449 Peak 07:15 07:00 07:00 07:00 Vol. 671 619 171 27 07:15 P.H.F. 0.788 0.802 0.701 0.844 1480 0 849 City Council 16 — 39 7/20/2021 Tlme Tue 12:00 PM 148 86 BB 70 EB 14 WB 2 Total 12:16 75 75 26 4 172 180 12:30 73 54 21 3 151 12:45 82 60 36 5 183 01:00 68 84 9 2 163 -- 01:15 86 59 16 1 162 01:30 70 78 28 2 178 01:45 64 76 20 6 166 02:00 78 104 18 7 207 02:16 120 121 32 8 281 02:30 138 116 52 2 308 02:45 178 132 3e 6 362 03:00 154 130 27 6 317 03:15 200 104 25 5 334 03:30 204 114 26 6 349 03:46 170 119 24 3 316 04:00 141 115 32 8 296 04:15 156 110 26 2 294 04:30 163 116 27 4 310 04:46 163 120 32 8 323 06:00 166 146 38 7 337 05:16 220 135 34 10 408 05:30 - 218.. 121- 23 5 305 05:46 194 140 39 5 378 06:00 182 116 32 2 332 06:15 162 97 34 4 297 06:30 148 120 32 4 302 06:45 137 118 26 7 288 07:00 90 124 26 15 255 07:16 95 114 28 15 253 07;30 96 94 17 10 217 07:45 85 86 21 3 195 08:00 90 61 29 4 204 08:15 72 56 20 2 150 08:30 85 71 25 3 184 0BA5 65 56 14 2 137 09:00 72 54 10 4 140 09:15 64 5B 10 1 131 09:30 48 64 12 0 124 09A6 52 48 14 3 117 10:00 44 54 6 1 105 10:16 40 29 6 2 77 10:30 34 26 4 1 65 10:45 36 18 4 2 60 11:00 26 17 10 0 63 11:15 20 13 6 2 41 11:30 18 17 4 3 42 11.45 Total 20 6050 10 4039 1 1052 5 _ 212 _ Percent 48 8°k 39 0% 10 2% 2 0%__ 10353 Peak 17:15 17:00 14:15 18:45 _ __ _ 17:00 Vol. Y . C 818 n nnn 543 .. .. 14_7 4_8 1508 n0 Total 7466 6222 1795 319 Percent 47.2% 39.4%° 11.4% 2.0% ADT ADT 15,802 AADT 15,802 City Council 16 — 40 7/20/2021 N/S Street: Elk Lane E/W Street: Chestnut Ave DATE: 3/7/2012 CITY: Santa Ana AM PFnFSTPrd Alc TIME NORTH LEG I SOUTH LEG EAST LEG HEG EB_ WB E8 WB SB _WEST NB SB 7:00 AM 3 1 0 0 3 0 0 0 7:15 AM 1 2 0 0 3 0 2 0 7:30 AM 3 2 0 0 4 0 0 0 7:45 AM 1 1 0 0 1 0 2 0 8:00 AM 2 1 0 0 U 0 0 0 8:15 AM 0 0 0 0 0 0 4 0 8:30 AM 1 0 0 0 0 0 2 0 8:45 AM 3 1 1 1 0 1 0 0 0 5 1 �v mLa 1% 0 U U 11 0 15 1 PM PFnFcrPfANC TIME NORTH LEG I SOUTH LEG EAST LEG WEST LEG EB WB ED WB NB SB NB I SS 11:00 AM 0 1 OF-0 0 0 1 1 11:15 AM 0 0 1 0 Lo 0 1 1 1 0-2 11:30 AM 0 1 1 0 1 0 0 0 0 0 11:45 AM 5 2 0 0 1 0 1 1 12:00 PM 2 3 1 0 0 1 3 1 2 12:15 PM 2 10 0 0 0 0 1 1 12:30 PM 0 4 0 0 2 5 0 0 12:45 PM 0 0 0 0 0 0 1 1 1:00 PM 1 0 0 0 2 0 0 1:15 PM 5 3 0 0 4 0 2 1:30 PM 5 1 0 0 0 2 0 1:45 PM 3 3 0 0 1 0 2 2:00 PM 2 3 0 0 1 0 D 2:15 PM 1 2 0 0 0 0 0 9�2: 2:30 PMM30 0 0 1 4 2:45 PM 0 3 2 0 3:00 PM 0 0 1 0 3:1.5 PM 0 1 1 0 3:30 PM 0 2 0 1 3:45 PM 0 5 30 04:00 PM 0 0 1 1 04:15 PM 0 0 1 1 24:30 PM 0 2 024:45 PM 1 2 3 0 v irw w av U U ZZ 21 18 22 DAY: Wednesday BIKES T I M E NORTH LEG SOUTH LEG EAST LEG WEST LEG EB WB D WB NB SB NB SB 7:00 AM 0 1 0 0 0 0 0 0 7: 15AM 1 1 0 0 0 0 0 1 0 7:30 AM 1 2 0 0 D 0 0 0 1 0 7:45 AM 1 1 0 0 0 8:00 AM 0 1 0 0 0 8:15AM 5 2 0 0 0 W02 8:3 AAM 0 1 0 0 0 8;45 AM 0 2 0 D 0 •�•�.�� v U U v U U 0 2 Rrvrc TIME NORTH LEG SOUTH LEG EAST LEG WEST LEG EB WB EB V LB— NB B NB SD 11:00 AM 1 1 0 0 0 0 0 0 11:15 AM 1 1 0 0 0 0 0 0 11:30 AM 1 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 12:15PM —OP 0 0 0 0 0 1 0 0 12:3M 0 0 0 0 1 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 1:00 PM 0 2 0 0 0 0 0 1 1:15 PM 0 0 0 0 0 0 0 0 1:30 PM 0 0 0 0 0 0 0 0 1:45 PM 0 D 0 0 0 0 0 0 2:00 PM 3 1 0 0 0 0 0 0 2:15PM 2 0 0 0 0 0 0 0 2:30 PM 0 0 0 0 0 0 0 0 2:45 PM 0 2 0 0 0 1 0 0 3:00 PM 0 1 0 0 0 1 0 0 3:15PM 0 0 0 0 0 0 0 0 3; 30 PM 0 0 0 0 0 0 0 0 3;45 PM 2 2 0 0 0 0 0 0 4:00 PM 3 0 0 0 0 1 0 0 4:15 PM 1 0 0 0 0 0 0 0 4:30 PM 2 1 0 0 0 1 0 0 4:45 PM 4 2 0 0 1 0 2 0 .. c. L. v U a o 2 1 City Council 16 — 41 7/20/2021 AGREEMENT TO PROVIDE TRAFFIC COUNTING SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between Transportation Studies, Inc. a California corporation ("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 April 19, 2021, the City issued Request for Proposal No. 21-050 ("RFP"), by which it sought consultants to provide traffic counting services on an on -call basis. 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. 21-050 and attached as Exhibit A. 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 consulting tune 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 sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 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. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $100,000. 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. City Council 16 — 42 7/20/2021 Page 1 of 10 3_ TERM This Agreement shall commence on the date first written above and terminate on June 30, 2024, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2) one (1) year periods upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONSULTANT 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. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 6. 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 City Council 16 — 43 7/20/2021 Page 2 of 10 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, and representatives as additional insured(s); (b) be primary and not contributory 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 provisions of Section 3700 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. 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. If the Consultant, its agents, or subcontractors maintain broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. L Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Additional Insured Status- The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage- For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its City Council 16 — 44 7/20/2021 Page 3 of 10 officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation- The Consultant hereby grant to Grantee a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -insured Retentions- Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability, see below)- If any of the required policies provide claims -made coverage: a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" City Council 16 — 45 7/20/2021 Page 4 of 10 coverage for a minimum of five (5) years after completion of work. S. Verification of Coverage- The Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before services are performed pursuant to this Agreement. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure of the Consultant to provide the required verification of coverage prior to the start of any services shall be grounds for immediate termination of this Agreement. 9. Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. 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 subcontractors, 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 terns 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 City Council 16 — 46 7/20/2021 Page 5 of 10 Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEDINIFICATION 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, 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. 9. 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. 10. 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. 11. 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. City Council 16 — 47 7/20/2021 Page 6 of 10 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15. 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(s) 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 City Council 16 — 48 7/20/2021 Page 7 of 10 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. 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. 18. 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. 19. 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: 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 City Council 16 — 49 7/20/2021 Page S of 10 With courtesy copies to: To Consultant: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 Transportation Studies, Inc. 2640 Walnut Street, Suite L Tustin, CA 92780 Attn: Patti A. Tolton, President and CEO 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 1. MISCELLANEOUS PROVISIONS a. Each tmdersigned 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council 16 — 50 7/20/2021 Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Xa),na- A R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL NABIL SABA Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT z( By: 7,4XI/ Title: j7�i7jT City Council Page 10 of11d — 51 7/20/2021 Exhibit A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO.: 21-050 DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi-annual city-wide Average Daily Traffic study, City-wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, one or two firm(s) will be selected. The City will enter into an agreement with the firm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. II. The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. III. City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one-year terms, for a total maximum total of 3 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as - needed basis. This may include, but not be limited to 24-hour ADT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6-hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City For each ADT volume count, a two -directional 15-minute count sheet with hourly totals, similar in format to the sample in Attachment 5. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. For of the Page 1 intersection (sample in Attachment 5). For each manual turning movement count, a 15-minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. For each intersection pedestrian count, a 15-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2-month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. C. Traffic Flow Maps, sample in Exhibit I, will be included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. City of Santa Ana RFP 21-050 Page 2 Exhibit S TSlTransportation Studies, Inc. A Traffic Data Collection Company CITY OFSANTAANA Fee Schedule 24 Hour Machine Counts (W-Directional or directional) 1 to 300 Locations $ 29.50 per location 24 Hour Machine Counts (Approach) 4 Leg Intersection $ 105.00 per location 3 Leg Intersection $ 75.00 per location 2 Leg Intersection $ 50.00 per location Manual Turning Movement Counts 1 person per location $ 31.25 per hour 2 people per location $ 62.50 per hour 24 Hour Speed and Axle Classification Counts 2 Lanes 3-4 Lanes Radar Surveys 1-100 Locations 100-over 4� Video Count Video Only Historical Data Turning Movement Counts $ 80.00 per location $ 160.00 per location 35.00 per location / per hour 30.00 per location/ per hour $ 25.00 per Hour $ 10.00 per Hour $ 60.00 per location 2640 alnut Avenue, Suite N • Tustin, CA 92780 • (714) 508-3612 • Fax (714) 508-3602 L AGREEMENT TO PROVIDE TRAFFIC COUNTING SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between AimTD LLC, a California limited liability 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 April 19, 2021, the City issued Request for Proposal No. 21-050 ("RFP"), by which it sought consultants to provide traffic counting services on an on -call basis. 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. 21-050 and attached as Exhibit A. 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 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 On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 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. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $100,000. 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. City Council Page 1 of U — 55 7/20/2021 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2024, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to two (2) one (1) year periods upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONSULTANT 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. 5. 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor 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. 6. 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 City Council Page 2 of 116 — 56 7/20/2021 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, and representatives as additional insured(s); (b) be primary and not contributory 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 provisions of Section 3700 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. 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. If the Consultant, its agents, or subcontractors maintain broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. f. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Additional Insured Status- The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage- For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its City Council Page 3 of 16 — 57 7/20/2021 officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation- The Consultant hereby grant to Grantee a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. S. Self -Insured Retentions- Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:Vll, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability, see below)- If any of the required policies provide claims -made coverage: a. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" City Council Page 4 of 16 — 58 7/20/2021 coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage- The Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before services are performed pursuant to this Agreement. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure of the Consultant to provide the required verification of coverage prior to the start of any services shall be grounds for immediate termination of this Agreement. 9. Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. 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 subcontractors, 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 City Council Page 5 of if) — 59 7/20/2021 Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. 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, 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. 9. 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. 10. 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. 11. 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. City Council Page 6 of lC — 60 7/20/2021 12. NON-AISCRINIINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15. 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(s) 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 City Council Page 7 of 406 — 61 7/20/2021 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. 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. 18. 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. 19. 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: 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 City Council Page 8 of 11(6 — 62 7/20/2021 With courtesy copies to: To Consultant: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 AimTD LLC 751 S. Weir Canyon Rd, Suite 157-158 Anaheim, CA 92808 Attn: Olga Polunin 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, conummication 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. 1. 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City Council Page 9 of N — 63 7/20/2021 IN WTINESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Byd.au.A.R Laura A. Rossini Chief Assistant City Attorney 1 ulUl III __i 1 C ._' ' RIAWIN NABIL SABA Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT (6E,`�,, J _ - By: Olga Poluni I Title:President and CEO City Council Page 10 0£16 — 64 7/20/2021 Exhibit A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES I TS-3 C1M-Q1 TI, DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving Intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it Is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi-annual city-wide Average Daily Traffic study, City-wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, If requested. From the proposals received, one or two firm(s) will be selected. The City will enter into an agreement with the firm(s). As traffic counting needs are identified, they will be requested on as needed basis. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION I. City staff shall have the right to modify, reduce, or delete the services as needed by City. H. The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. 111. City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one-year terms, for a total maximum total of 3 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as - needed basis. This may include, but not be limited to 24-hour ADT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6-hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: For each ADT volume count, a two -directional 15-minute count sheet with hourly totals, similar in format to the sample in Attachment 5. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. of the Page 1 intersection (sample In Attachment 5). For each manual turning movement count, a 15-minute count sheet for each count period, with the actual peak hour(s) Identifled (sample in Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. For each Intersection pedestrian count, a 15-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2-month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. C. Traffic Flow Maps, sample In Exhibit I, will be included in the 'Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in-house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will fumish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed In cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and 'Traffic Census" booklet will be delivered. Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. city counc� City of Santa Ana RFFb2+-�— Page 2 Exhibit B AimTD LLC spa ,Aim Traffic Data City of Santa Ana 2021 Fee Schedule Type of Service Unit Cost 4 — Hour Single Tube Count, 4 approaches EA $149 4 — Hour Dual Tube Count EA $59 4 — Hour Speed or Axle Classification Counts 2 lanes EA $99 4 — Hour Speed or Axle Classification Counts 3-4 lanes EA $169 hr Manual Turning Movement Counts (1person) EA $145 hr Manual Turning Movement Counts (2person) EA $210 hr Pedestrian Counts (1person) EA $99 4hr Video Manual Turning Movement Counts (Iperson) EA $459 hr Manual Turning Movement Counts with Truck Axle Classification (1person) EA $189 hr Manual Turning Movement Counts with Bike Peds (1person) EA $166 4hr Segment Video Active Transportation Counts (Peds, Bike, Scooter) EA $299 Radar Survey calibrated radar, certified operator) EA $49 Parking Occupancy Survey HR $49 Parking Turnover Survey HR $49 Count and Video HR $45 Historical Counts between 6 and 12 month old HR $60 CouncilCity • .. 7/20/2021 City Attorney Office www.santa-ana.org/ca Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Agreement for iManage Data Management Systems AGENDA TITLE: Approve an Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a three-year agreement with Blue Technologies Smart Solutions ("BlueTech") for continued access and support services for the iManage Data Management Systems ("iManage") for the period of August 1, 2021 through July 31, 2024 in the amount of $85,750, which includes the annual billing amount of $25,250 for the iManage System, and a contingency amount of $10,000 to pay for additional support services as directed by the City, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2018, the City's Attorney's Office ("CAO") entered into an agreement with BlueTech to install and implement an iManage Data Management Systems customized for the CAO reflecting the vast scope of services provided by the office. Since that implementation went into effect, the impact of iManage cannot be overstated. Work product with iManage seamlessly integrated with all Microsoft products creating a quick and reliable method for creation of CAO work product and access to files for all CAO staff. iManage also provided CAO with a greater ability to work remotely during the pandemic with no interruption in services to our requesting departments. CAO staff contacted similar data management vendors for updates and costs as to services. Review of similar systems and products have provided CAO staff with information for efficiencies on other aspects of legal management, however, the iManage system, technical support, performance with our office, and overall reliability, provide the best option for a legal data management system for CAO in the coming years. City Council 17 — 1 7/20/2021 Agreement for iManage Data Management Systems July 20, 2021 Page 2 FISCAL IMPACT Funds are available in the City Attorney's Contract Services -Professional account (no. 01108032 — 62300) for FY 2021-22, and will be budgeted in future fiscal years as follows: Fiscal Year Amount 2021-22 $28,250 2022-23 $28,250 2023-24 $28,250 2023-24 $1,000 Total $85,750 EXHIBIT(S) 1. Agreement with BlueTechnologies Smart Solutions Submitted By: Sonia Carvalho, City Attorney Approved By: Kristine Ridge, City Manager City Council 17 — 2 7/20/2021 lul Smar echnoloomies t Solutions COMMITMENT TO EXCELLENCE -EVERYDAY iManage GOLD Partner Proposal for: City of Santa Ana/City Attorney's Office iManage Cloud Project: Prepared by: David Cramer Manager, Business Development Prepared on: June 30th, 2021 City Council 17 - 3 7/20/2021 BIueyechnolooies Smart Solutions Legal and Professional Services Table of Contents SolutionOverview..............................................................................................4 Manage cloud Renewal Pricing.............................................................................5 PricingSummary ................................................................................................6 Terms and Conditions.........................................................................................6 Acceptance......................................................................................................6 Copyright and Confidentiality Notice Material contained in this document is proprietary to Smart Solutions and Blue Technologies Smart Solutions LLC and is to be treated confidentially by all recipients. Acceptance of delivery of this material constitutes acknowledgment of the confidential relationship under which disclosure and delivery are made. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system without permission in writing from Blue Technologies Smart Solutions LLC 5885 Grant Avenue, Cleveland, OH 44105. 4 �Ter�eMfinartsolutionsuC, confidential 17 — 4 7/20/2021 7 Page 2 of 6 BIueyechnolooies Smart Solutions Legal and Professional Services June 30". 2021 City of Santa Ana/City Attorney's Office Mr. David Quintana 20 Civic Center Plaza, M-29 Santa Ana, CA 92701 Dear Mr. Quintana, Blue Technologies Smart Solutions, LLC ("BTSS") is pleased to present this proposal to renew the iManage Cloud service for City of Santa Ana/City Attorney's Office. Thank you again for choosing BTSS and iManage for your document management needs. Please direct any questions to my attention. Sincerely, David Cramer Manager, Business Development Legal and Professional Services 216-271-4800 dcramer@btohio.com 4 �Te�eMfinorrsolutions uC, Confldentiot 17 — 5 7/20/2021 7 Page 3 of 6 BIueyechnolooies Smart Solutions Legal and Professional Services Solution Overview City of Santa Ana/City Attorney's Office (CAO) has requested a pricing proposal from Blue Technologies Smart Solutions, LLC ("BTSS") for the renewal of the iManage Cloud service. The renewal quoted is the maximum term. iGl �9 r�eMfinurtSolutions LLC, Confidentiot 1 7 — 6 7/20/2021 7 Page 4 of 6 BIue�Tech�ologies Smart Solutions .-EVMYD" Legal and Professional Services Manage Cloud Renewal Pricing Description Cost iManage Cloud Service, Corporate bundle for up to 20 $25,250 / users year Enables the following iManage Work user functionality in a single instance of iManage Work within the primary geographic region with backup of data to a secondary location within region for disaster recovery for each subscribed user: - iManage Work 10 browser interface - iManage Work 10 Desktop for Microsoft Windows or MAC OS - Email management with Microsoft Outlook or Gmail - Mobility (web mobile access, iOS application, Blackberry application) - 20GB of document storage per contracted user in iManage Work - 40OGB total - iManage Control Center - External and Internal Collaboration using iManage Share - iManage Work RestAPI software development ToolKit - Optical Character Recognition Service for iManage Work 3-year term effective 8-1-2021 to 7-31-2024 "Invoiced annually in advance Base Service Includes: All backend application support, administration and upgrades. 24 x 7 access to iManage support for software issues Notes: • Storage Overage- $.53/GB/month - in excess of the monthly subscription allocation • User Overage - $125/user/month - in excess of the monthly subscription allocation • Minimum annual billing is $25,250 per year. • Refer to iManage Cloud Services Agreement for iManage's terms at the link below: httos://su000rt.imanaee.com/worksite/iManage Cloud Services Aereement (US Version).odf • Pricing does not include applicable taxes. • Pricing expires 7/28/21. Renewal: Automatically renews for additional successive terms of the same length as the initial Renewal Term unless earlier terminated pursuant to the Agreement's express provisions or either party gives the other party written notice of non -renewal at least 30 days prior to the expiration of the then -current term . 4 �Te�eMRnartsolutions uC, Confidential 17 — 7 7/20/2021 7 Page 5 of 6 BIueyechnolooies Smart Solutions Legal and Professional Services Pricing Summary Pricing expires 7/28/2021. Services shall commence on August 1, 2021, and continue through July 31, 2024. City agree to pay BTSS/iManage at an amount not -to -exceed $85,750. These costs include the Manage service billed annually at $25,250 and a contingency amount of $10,000 for additional services requested at the sole discretion of the City. Terms and Conditions Terms and conditions attached hereto. Acceptance — City of Santa Ana/City Attorney's Office iGl �9 r�eMfinurtSolutions LLC, Confidentiot 17 — 8 7/20/2021 7 Page 6 of 6 IN WITNESS WHEREOF, the }parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:X,,,,A.R Laura A. Rossini Chief Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager BLUE TECHNOLOGIES SMART SOLUTIONS LLC no i By: Benjamin L Simms Title: Vice President City Council 17 — 9 7/20/2021 Blue ITecheoinies Swart Jolulloru Legal and Professional Services TERMS AND CONDITIONS OF SALES AGREEMENT i. PRICES: Prices may be subject to change without notice until a purchase order is accepted by BTSS. PAYMENT TERMS: City will pay all monies in US dollars, due in accordance with the stated terms. BTSS has no obligation to provide any additional notification of amount due except for this agreement. If full payment is not made within the stated time period, any discount will be voided and full retail price prevailing at the time of sale will be due. Under all circumstances, overdue balances will accrue a late fee charge on the outstanding balance at a monthly rate of 1Y2 %, 18% per annum. If you pay your balance via credit card after 15 days of invoice date, a 3% credit card processing fee will be added to the charge. 3. SHIPPING AND DELIVERY: Unless stated otherwise, the price is for pickup at BTSS' point of business. Once delivered, all risk of loss is with the City . If City does not take delivery within thirty days after notification by BTSS, this agreement may be cancelled and City's deposit retained by BTSS as liquidation of damages. a. DELAYS: BTSS is not liable to City for any damages, including consequential damages, for any delay in or non -delivery due to anything beyond BTSSs' reasonable control. s. DAMAGES: BTSS will not be liable to City for any damage caused by goods or services purchased by this agreement. BTSS makes no warranties of any kind pertaining to the fitness for any particular use and shall not be liable for any loss or damage, directly or indirectly, or from any training or training material received, arising from the use of goods, or for consequential damages. e. LIMITATION OF LIABILITY AND WARRANTY: BTSS SHALL NOT BE LIABLE TO CITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OR INCREASED EXPENSE OF USE, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR STRICT LIABILITY, EVEN IF BTSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. BTSS SHALL NOT BE RESPONSIBLE FOR PROBLEMS THAT OCCUR AS A RESULT OF CITY'S USE OF ANY THIRD -PARTY SOFTWARE OR HARDWARE. IN NO EVENT SHALL THE AMOUNT CITY MAY RECOVER FROM BTSS UNDER THE CONTRACT DOCUMENTS ON ANY THEORY OF LIABILITY EXCEED THE PURCHASE PRICE OF THIS AGREEMENT. THE LIMITATIONS SET FORTH IN THIS I(I �9 r�eMfinartSolutions LLC, Confidential 1 7 — 1 0 7/20/2021 7 Page 1 of 10 Blue ITecheoinies Swart Jolulloru Legal and Professional Services SECTION SHALL NOT APPLY TO BODILY HARM OR DAMAGES CAUSED BY THE WILLFUL MISCONDUCT OR NEGLIGENCE OF BTSS, ITS EMPLOYEES, ITS OFFICIALS AND/OR AGENTS. BTSS provides a warranty of good workmanship with regard to all service provided under this policy. This warranty shall be the only warranty made by BTSS in lieu of all other warranties, express or implied. 7. INDEMNIFICATION: City will defend, hold harmless, and indemnify , any third party claim or suit brought against BTSS or its employees, agents, officers, or directors, ("Indemnified Parties") caused by the actions or omissions of City arising out of or related to: (i) the use or transmission of City Data; (ii) the loss, theft or misuse of passwords and/or login information used to access any administrative login or user accounts; (iii) violation of Regulatory Requirements applicable to City's business operations; or (iv) claims based on software licensing violations, copyright infringement, trademark and patent infringement. City will pay all damages finally awarded by a court of competent jurisdiction or agreed to in settlement by City attributable to such claim. BTSS will defend, hold harmless and indemnify , any third party claim or suit brought against City or its employees, agents, officers, directors, shareholders or contractors ("Indemnified Parties") caused by the actions or omissions of BTSS arising out of or related to: (i) the use or transmission of BTSS Data; (ii) the loss, theft or misuse of passwords and/or login information used to access any administrative login or user accounts; (iii) violation of Regulatory Requirements applicable to BTSS' business operations; or (iv) claims based on software licensing violations, copyright infringement, trademark and patent infringement. BTSS will pay all damages finally awarded by a court of competent jurisdiction or agreed to in settlement by BTSS attributable to such claim. a. SUBCONTRACT: BTSS shall have the right to subcontract any or all of its responsibilities hereunder to one or more subcontractors, but this shall not relieve BTSS of its responsibilities under this agreement. 9. CANCELLATION: If City cancels this agreement without allowing a reasonable time for delivery, the BTSS may: (1) Retain City's deposit; and, (2) Use any other remedy available to BTSS under Ohio law to mediate damages. io. RETURNS: All software sales are final. There is a minimum 15% restocking charge for all other returned items. Product will not be accepted in return without first obtaining consent from the BTSS in writing. All returns must be complete and in original package, complete with all packing materials. 4 �Te�eMfinorrsolutions uC, Confidentiol 17 — 11 7/20/2021 7 Page 2 of 10 Blue ITecheoinies Swart Jolifuoru Legal and Professional Services ii. SALES, USE, EXCISE, VAT TAXES: BTSS is obligated to collect sales, use, excise, or VAT tax from ALL Clients in States and/or Countries where BTSS is a tax withholding agent. For States and/or Countries where BTSS is not a tax withholding agent, you are responsible for remitting Sales, Use, Excise or VAT taxes to your taxing authority directly. It is your responsibility to provide the required documentation when submitting an order to claim an exemption. Taxes are charged based on the effective tax rate at the time the invoice is processed. This may be different than the initial rate at which you were quoted. You must submit re -sale or tax -exemption documentation from the State and/or Country in which you are doing business as well as each State and/or Country in which you are shipping goods or receiving services. We are not obligated to refund taxes due to late submission of tax exemption documentation. Submission of all appropriate tax exemption forms must be received by us before we ship the goods or we provide the services. You will be liable for all taxes, surcharges or other charges imposed on the sale of goods or provision of services by any taxing authority if tax forms are not received prior to the invoice being issued. Requests for refunds of sales taxes must be submitted to the appropriate taxing authority directly. 12. NON SOLICITATION: During the Term, and for a period of twenty-four (24) months thereafter, City agrees not to directly or indirectly, solicit, recruit or employ any employee or subcontractor of BTSS without BTSS' prior written consent. City agrees that, if it hires any employee of BTSS or its subcontractor during the period set forth above without written consent, it shall be presumed that City solicited the employee and City shall pay to BTSS, as liquidated damages and not as penalty an amount equal to the greater of $75,000 or 100% of the annual salary paid to that employee by BTSS or its subcontractor, plus all costs including attorney fees as may be incurred by BTSS in enforcing Section 11. Provided further, in the event that said employee has executed an employment agreement with BTSS, said employment agreement shall remain in effect in accordance with its terms and City shall so advise the employee in writing prior to hiring the employee. 13. ASSIGNMENT: City may not assign this Agreement. BTSS may assign this Agreement to its successor in interests or to a third party acquiring substantially all of its assets or business. 14. NON DISCLOSURE: The terms and conditions of this sales agreement are proprietary in nature to the BTSS and are not to be disclosed to other parties outside the organizations of the BTSS and the City. Such disclosure, at the option of the BTSS, may void this agreement. BTSS understands that City is subject to the California Public Records Act (California Government Code Section 6250 et seq.) and will comply with any applicable laws. rEyd�p finarrsoiauons uC, Confidential 17 — 12 7/20/2021 7 Page 3 of 10 Blue 'Techooinies Srnari Jnli�uo�r_ °°°°"°ENTTD—E—DE EVE°°°^° Legal and Professional Services 15. SEVERABILITY: In the event that any provision of this Agreement or any word, phrase, clause, sentence or other provision thereof should be held to be unenforceable or invalid for any reason, such provision or portion thereof shall be modified or deleted in such a manner so as to make this Agreement as modified legal and enforceable to the fullest extent permitted under applicable law. 16. WHOLE AGREEMENT AND MODIFICATIONS: This agreement contains all the terms and conditions agreed to between City and BTSS. No employee, representative or agent of BTSS has any authority to bind BTSS to any affirmation, representation, modification or warranty concerning the services or material provided hereunder unless specifically included within this agreement as a written amendment executed by BTSS. This agreement cannot be modified unless both parties agree and a written modification is made. 17. REMEDIES, ATTORNEYS FEES AND CONSENT TO JURISDICTION: A. City acknowledges and agrees that in the event of a breach or threatened breach by the City of any of the provisions of Sections 11 and/or 13 of this Agreement, BTSS shall have the right to institute and prosecute proceedings in equity, or in any court of competent jurisdiction, to obtain an injunction to enforce the provisions of such Sections and to pursue any other remedy to which BTSS may be entitled. The City acknowledges that BTSS's remedy at law for any of the City is obligations under such Sections and such other terms of this Agreement as may be applicable will be inadequate, and the City agrees and consents that temporary and permanent injunctive relief may be granted in any proceeding which may be brought to enforce any provision thereof, without the necessity of proof of actual damage. B. If BTSS seeks a restraining order, an injunction or any form of equitable relief and is awarded or recovers such relief, City agrees to reimburse BTSS for reasonable attorney fees, court costs and other costs and expenses as may be incurred by BTSS in enforcing any of the terms of this Agreement. The parties agree that this is reasonable. C. If BTSS shall obtain a final judgment of a court of competent jurisdiction, subject to no further appeal, pursuant to which City shall be determined to have breached its obligations under this Agreement or made any misrepresentations, City shall be entitled to recover, in addition to any award of damages, reasonable attorneys' fees, court costs and other costs and expenses incurred by BTSS when obtaining such judgment. Any relief awarded under this subsection C shall be in addition to any relief awarded under subsection B. rEyd�p finartSoiauons uC, Confidential 17 — 13 7/20/2021 7 Page 4 of 10 Blue ITecheoinies Swart Jolulloru Legal and Professional Services D. If it is judicially determined that City has violated any of its obligations under Section 11, then the Nonsolicitation Period shall be restarted as of the date of such judicial determination and shall run for a period of two years (2) from that date. E. City hereby consents and submits to the exclusive jurisdiction of any local, state or federal court located in the County of Cuyahoga and the State of Ohio for any proceeding against City for any obligation under this Agreement and waives any objection that it may now or hereafter have to venue or to the jurisdiction of any such court in any such action or proceeding or any claim that any such court is an inconvenient forum. ig. ARBITRATION: Except for a breach or threatened breach of Paragraphs 11 and/or 13 of this Agreement, any controversy arising under or out of this Agreement shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association as administered through the Cleveland, Ohio office. The award rendered by the arbitrator shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof, including a federal district court, pursuant to the Federal Arbitration Act. In preparation for the arbitration hearing, each party may utilize all methods of discovery in the manner provided by said rules and/or by the Ohio Arbitration Law. Judgment upon the award of the arbitrator may be entered in any court of competent jurisdiction and enforced with full judicial effect thereafter. i9. CONSTRUCTION PERMITTED BY LAW: If the obligation of any covenant of the Employee contained herein is held to be too broad to be enforced, such covenant shall be construed to create an obligation to the full extent permitted by Ohio law. 20. WAIVER OF BREACH: The Waiver by BTSS of a breach of any provision of this Agreement by City shall not operate or be construed as a waiver of any subsequent breach by City . 21. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, purchase orders, understandings and negotiations, whether oral or written, between the parties hereto with respect to such subject matters. This Agreement may not be changed orally, but only by an agreement in writing signed by the party against wherever enforcement of any action, change, modification or extension is sought. 4 �Te�eMfinarrsolutionsuc, confidential 17 — 14 7/20/2021 7 Page 5 of 10 Blue ITecheoinies Swart Jolulloru Legal and Professional Services 22. INSURANCE Prior to undertaking performance of work under this Agreement, BTSS shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the BTSS , its agents, representatives, or employees. BTSS shal I procure and maintain for the duration of the contract insurance claimsarising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the generalaggregate limit shall apply separately to this location (ISO CG 25 03 or 25 04)or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and propertydamage. Workers' Compensation insurance as required by the State of California, withStatutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include,but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress,invasion of privacy violations, information theft, damage to or destruction of electron icinformation, release of private information, and alteration of 4 �Te�eMfinarrsolutionsuc, confidential 17 — 15 7/20/2021 7 Page 6 of 10 Blue ITecheoinies smarl Jolulloru Legal and Professional Services electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. Technology Professional Liability Errors and Omissions Insurance appropriate to the BTSS's profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by BTSS in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of privateinformation, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information "property' of the City in the care, custody, or control of BTSS. If not covered under the BTSS's liability policy, such "property" coverage of theAgency may be endorsed onto the BTSS's Cyber Liability Policyas covered property as follows: If BTSS maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limitsmaintained by BTSS. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of rfyd�p finarrSoiauons uC, Confidential 17 — 16 7/20/2021 7 Page 7 of 10 Blue ITecheoinies smarl Jolulloru Legal and Professional Services the BTSS including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the BTSS's insurance. Primary Coverage For any claims related to this contract, BTSS's insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of theBTSS's insurance and shall not contribute with it. Notice of Cancellation City shall receive from BTSS or its insurance broker at least thirty (30) days' notice of cancellation in writing of any insurance required pursuant to this Agreement. Waiver of Subrogation BTSS hereby grants to City a waiver of any right to subrogation which any insurer of BTSS may acquire against the City by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require BTSS to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide,or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City . Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A-:VII, unless otherwise acceptable to the City . Claims Made Policies If any of the required policies provide coverage on a claims -made basis: i. The Retroactive Date must be shown and must be before the date of the contract or thebeginning of contract work. 4 itTe�eMRnarrSolutions uC, Confidential 17 — 17 7/20/2021 7 Page 8 of 10 Blue 'Techooinies Srnari Jnli�uo�r_ °°°°"°ENTTD—E—DE EVE°°°^° Legal and Professional Services 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of the contract of work. a. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, BTSS must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage BTSS shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive BTSS's obligation to provide them. The City reserves the right to require complete, certified copiesof all required insurance policies, including endorsements required by these specifications, at anytime. Subcontractors BTSS shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and BTSS shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 22. Confidentiality If BTSS receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, BTSS 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 BTSS disclosed in a publicly available rgd�p finartSoiauonsuC, confidential 17 — 18 7/20/2021 7 Page 9 of 10 Blue 'Techooinies Srnari Jnli�uo�r_ °°°°"°ENTTD—E—DE EVE°°°^° Legal and Professional Services source; (c) is in rightful possession of BTSS without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by BTSS without reference to information disclosed by the City. 4 itTe�eMfinortsolutions uC, Confidenaat 17 — 19 7/20/2021 7 Page 10 of 10 Human Resources www.santa-ana.org/hr Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Agreement for Special and Limited Legal Counsel Services AGENDA TITLE: Approve Agreement with Liebert Cassidy and Whitmore ("LCW") and Approve Amendment to Agreement with Atkinson, Andelson, Loya, Ruud, & Romo ("AALRR") to Provide Special and Limited Legal Counsel Services (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with LCW to provide special legal counsel services not to exceed $100,000 for the duration of the term of the agreement expiring June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an amendment to the agreement with AALRR to provide limited legal services by increasing the compensation amount by $50,000 (for a total not -to -exceed compensation amount of $100,000) for the duration of the agreement expiring April 14, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City has a contractual relationship with LCW for labor negotiations with various unions. LCW has extensive experience working with public sector clientele throughout the State. The Human Resources Department (" HRD") would like to retain LCW to assist with personnel investigations and general Human Resources (HR) advice, including labor relations and other core HR services. Said agreement would be for a three-year term for a not -to -exceed amount of $100,000. On April 15, 2021, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud, & Romo to provide limited legal services to conduct personnel investigations and provide legal advice related to such investigations. Staff reached out to multiple law firms to provide similar services. AALRR was amongs the first of said firms to be engaged and began providing services as needed by City staff. City staff is recommending this increase in compensation to conclude pending personnel investigations and allow staff to call upon AALRR for services, as necessary, to conduct additional investigations or respond to requests for legal advice stemming from said investigations. City Council 18 — 1 7/20/2021 Agreement for Special and Limited Legal Counsel Services July 20, 2021 Page 2 FISCAL IMPACT Funds are budgeted and available in the Human Resources Services, Contract Services - Professional account (no. 01109050 — 62300) for FY 2021-22. The table below indicates the estimated expenditures by fiscal year for LCW. Any remaining balances not expended at the end of the agreement term will be carried forward for expenditure into FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund, Account Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $33,334.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $33,333.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $33,333.00 Contract Professional Total 1 $100,000.00 Funds are budgeted and available in the following Human Resources Services, Contract Services -Professional account (no. 01109050 — 62300) for FY 2021-22. The table below indicates the estimated expenditures by fiscal year for AALRR. Any remaining balances not expended at the end of the agreement term will be carried forward for expenditure into FY 2022-23 and FY 2023-24. Fiscal Year Accounting Unit — Fund Description Amount Account No. 2021-22 01109050-62300 Human Resources Services, $30,000.00 Contract Professional 2022-23 01109050-62300 Human Resources Services, $10,000.00 Contract Professional 2023-24 01109050-62300 Human Resources Services, $10,000.00 Contract Professional Total 1 $50,000.00 EXHIBIT(S) 1. Agreement for Limited Legal Services with Liebert Cassidy and Whitmore 2. First Amendment to Limited Legal Services Agreement with Atkinson, Andelson, Loya, Ruud, & Romo Submitted By: Jason Motsick, Executive Dir Human Resources Approved By: Kristine Ridge, City Manager City Council 18 — 2 7/20/2021 LIMITED LEGAL SERVICES AGREEMENT This limited legal services agreement ("Agreement") is made and entered into this 20th day of July, 2021, by and between Liebert Cassidy & Whitmore, a Professional Law Corporation ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing trader the constitution and laws of the State of California ("City"). RECITALS A. City desires to employ Attorneys to assist the Executive Director of Human Resources in providing Human Resources advice, conducting personnel investigations, labor negotiations and labor relations, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of public employment law and conducting personnel investigations. 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. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the Executive Director of Human Resources as needed with Human Resources advice, conducting personnel investigations, labor negotiations, and employee relations. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the Executive Director of Human Resources. Attorneys shall confirm their acceptance of work requested by City in writing by e- mail or letter. 2. PAYMENT FOR SERVICES RENDERED a. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing Actions, compensation at the rate of $390 an hour for all partners, $335 an hour for all senior associates, $220-$315 an hour (depending on experience) for all associates, $135 an hour for all paralegals. Time will be billed in 1/10th of an hour increments. If City requests that Attorney's support staff transcribe recorded interviews of witnesses, then Attorneys shall bill the support staff at $75 per hour for these transcription services. During the term of this Agreement, the total amount authorized for services pursuant to this Agreement is one hundred thousand dollars and no cents ($100,000.00). b. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of- pocket expenses, including but not limited to, mileage, copying costs, service of process, mail services, and any relevant services authorized by the Executive Director of Human Resources in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require approval of the Executive Director of Human Resources prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. ooFnss.000ns City Council t 18 — 3 7/20/2021 13417441.1 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the Executive Director of Human Resources, as aforesaid, shall be and remain under, and subject to the control and direction of said Executive Director of Human Resources at all stages, and that they shall at all times keep the Executive Director of Human Resources informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys under this Agreement. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to the Executive Director of Human Resources any and all files then in theirpossession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. PROVISIONS APPLICABLE TO PERSONNEL INVESTIGATION SERVICES A. LIMITATION ON LEGAL SERVICES The scope of this representation is limited. Attorneys will make factual findings, utilizing Attorneys' legal skills, knowledge, and experience in so doing. Attorneys will not render a legal determination whether there was unlawful discrimination, harassment, violation of public policy, or a violation of any other law or statute for investigations under this Agreement. The Santa Ana City Attorney will advise the City with respect to issues of attorney - client privilege, scope of privilege, waiver, and work product in connection with services provided under this Agreement. The City and Attorneys intend that Attorneys' investigations will be covered by the attorney -client privilege and attorney -work product privilege to the extent legally permitted, although Attorneys understand that the City may choose to waive the privilege in the future. The City specifically gives its informed consent to a limited scope engagement and understands that it may seek independent legal advice concerning the proposed limited scope engagement if it wishes. B. CITY COOPERATION City agrees to make available the witnesses and documents requested by Attorneys to permit Attorneys to perform this independent investigation. The City will designate an employee as the primary point of contact for the City for each investigation performed under this Agreement. This will include arranging access to witnesses and documents and arranging a location for interviews. C. REPORTING REQUIREMENTS Unless otherwise directed, Attorneys will provide a written report to the Executive Director of Human Resources for each investigation conducted under this Agreement. Upon the conclusion of any investigation, at the Executive Director of Human Resource's request, the Attorneys may also provide, in a privileged document separate from the report, recommendations to assist in resolution of any or all substantiated findings. ooFnss.000ns City Council 2 18 — 4 7/20/2021 13417441.1 D. NO GUARANTEES Tt is understood that there is no guarantee or assurance that any particular result will be reached in any investigation conducted under this Agreement. E. RELATED POST -INVESTIGATION SERVICES if Attorneys are asked or required to prepare for and/or testify, including, without limitation, at deposition, trial, arbitration or any other proceeding, because of services rendered under this Agreement, if Attorneys must respond to subpoenas or discovery or otherwise respond or perform services with respect to any matter relating to or arising out of the services performed for City, City agrees to pay Attorneys for all time expended (including preparation time) at Attorneys' then current regular hourly rate and to reimburse Attorneys for reasonable costs and expenses incurred, whether or not the investigation has been concluded. This includes reasonable costs of legal representation. Payment is due upon presentation of a bill for services, costs, and expenses. 6. TERM The term of this Agreement shall commence on the date first written above and terminate three (3) years thereafter, unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney. 7. INDEPENDENT CONTRACTORS Tt is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. S. INSURANCE A. Attorneys shall provide to the Executive Director of Human Resources proof of Prior to undertaking performance of work under this Agreement, Attorneys shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Instructor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. iii. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 006085.00005 City Council 3 18 — 5 7/20/2021 13457441.1 006085.00005 13457441.1 iv. Professional Liability (errors and omissions) insurance: with a combined single limit of not less than $2,000,000 per claim, and maintain such insurance throughout the term of this Agreement. B. if the Attorneys maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Ana requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Attorneys. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Ana. C. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions: i. Additional Insured Status- The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Attorneys including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Attorney's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). ii. Primary Covera,-e- For any claims related to this contract, the Attorney's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess of the Attorney's insurance and shall not contribute with it. iii. Notice of Cancellation- Certificate of Insurance shall provide thirty (30)day prior written notice of cancellation in a form approved by the City. D. Waiver of Subrogation- Attorneys hereby grants to City of Santa Ana a waiver of any right to subrogation, which any insurer of said Investigators may acquire against the Entity by virtue of the payment of any loss under such insurance. Attorneys agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. E. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorney's right to be paid for its time and materials expended prior to notification of termination. City Council 4 18 - 6 7/20/2021 9. INDEMNIFICATION A. Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct related to this Agreement. B. Since one the purpose of the Attorneys' engagement is to assist the City in determining the facts related to personnel complaints, the City agrees to the following limited indemnity language as to investigative services provided under this Agreement. The City agrees to indemnify, defend and hold Attorneys, its successors and assigns, and each of its officers and employees, harmless from any and all claims, suits, demands, losses and expenses, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms, or other entity arising out of Attorneys' performance or non-performance of its personnel investigation obligations under this Agreement, unless an error or erroneous omission by Attorneys cause such damage or loss. The City shall not indemnify Attorneys for any matter involving a claim by the City of professional negligence, or any matter for which Attorneys shall have been adjudicated to have acted in bad faith or engaged in willful misconduct or any conduct outside the scope of its retention under this Agreement. This Agreement in no way limits the Attorneys' liability for professional malpractice under California Rule of Professional Conduct 3-400. 10. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12. 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: 006GS5.00005 City Council 5 18 — 7 7/20/2021 13417441.1 To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: (714) 647-6956 Courtesy Copy: Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) Santa Ana, California 92702 Fax: (714) 647-6930 To Attorneys: Attention: J. Scott Tiedemann, Managing Partner Liebert, Cassidy & Whitmore, APC 6033 W. Century Boulevard, 5th Floor Los Angeles, California 90045 Fax: (310) 337-0837 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 facsimile, 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys or the City. Each party to this Agreement aclrnowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 006GS5.00005 City Council 6 18 — 8 7/20/2021 13417441.1 15. TERMINATION This Agreement maybe terminated by City at any time. Tn such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel. 16. NON-DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state, and local laws and regulations. 17. 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. 18. MTSCELLANEOUS PROVTSTONS 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 terns 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. 19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission, email, or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. [Signatures are on the next page] 006GS5.00005 City Council 7 18 — 9 7/20/2021 13417441.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Daisy Gomez, CMC Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: cV rxuna. A _ R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Jason Motsick Executive Director of Human Resources CITY OF SANTA ANA Kristine Ridge City Manager LIEBERT, CASSIDY & WHITMORE, APC. Bv: Name: J. Scott Tiedemann Title: Managing Partner ooFn�s.nnnris City Council s 18 — 10 7/20/2021 F417441.1 FIRST AMENDMENT TO LIMITED LEGAL SERVICES AGREEMENT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO APC THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 20, 2021, by and between Atkinson, Andelson, Loya, Rudd & Romo, a California Professional Law Corporation ("Attorneys"), 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. N-2021-066, dated April 15, 2021, by which Attorneys agreed to provide limited legal services conducting personnel investigations ("Agreement'). B. The parties wish to amend the Agreement to add additional compensation to cover additional services under this Agreement. The Parties therefore agree: 1. Section 2a, Fees, is amended to increase the total agreement not to exceed amount from fifty thousand dollars and no cents ($50,000.00) to one hundred thousand dollars and no cents ($100,000.00); and 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Daisy Gomez Clerk of the Council Signatures continue on the next page Page 1 Kristine Ridge City Manager City Council 18 — 11 7/20/2021 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By:SV Ly,ngc A R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Jason Motsick Executive Director Human Resource Agency Page 2 CONSULTANT Ai,'Akorg-� Name: Tr�\ 'I`Oc� rtia r^l ,�✓1oLS L Title: 1110+w �11 City Council 18 — 12 7/20/2021 INSURANCE NOT ON FILE WORK MAY NOT PROCEED N-2021-066 CLERK OF COUNCIL DATE: LIMITED LEGAL SERVICES AGREEMENT syq h13h "This limited legal services agreement ("Agreement") is made and entered into this 16 day ofMareh, 2021, by and between Atkinson, Andeison, Loya, Ruud & Romo, a Professional Law Corporation ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing tinder the constitution and laws of the State of California ("City"). RECITALS A. City desires to employ Attorneys to assist the Executive Director of Human Resources in conducting personnel investigations and providing legal advice related to such investigations to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of public employment law and conducting personnel investigations. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the Executive Director of Human Resources as needed with conducting personnel investigations. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the Executive Director of Human Resources. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. PAYMENT FOR SERVICES RENDERED a, FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing Actions, compensation at the rate of $315 to $395 an hour for all attorneys (rate is dependent on experience) and not to exceed $150 an hour for necessary travel time. Time will be billed in 1/10th of an hour increments. If a paralegal is utilized, the paralegal hourly rate shall be $175 an hour. If City requests that Attorneys support staff transcribe recorded interviews of witnesses, then Attorneys shall bill the support staff at $70 per hour for these transcription services. During the term of this Agreement, the total amormt authorized for services pursuant to this Agreement is fifty thousand dollars and no cents ($50,000.00). b. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the Executive Director of Human Resources in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require approval of the Executive Director of Human Resources prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). 006085.00005 13457441.1 City Council 18 — 13 7/20/2021 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the Executive Director of Human Resources, as aforesaid, shall be and remain under, and subject to the control and direction of said Executive Director of Human Resources at all stages, and that they shall at all times keep the Executive Director of Human Resources informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys under this Agreement. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to the Executive Director of Human Resources any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. LIMITATION ON LEGAL SERVICES The scope of this representation is limited. Attorneys will make factual findings, utilizing Attorneys' legal skills, knowledge, and experience in so doing. Attorneys will not render a legal determination whether there was unlawful discrimination, harassment, violation of public policy, or a violation of any other law or statute for investigations under this Agreement. The Santa Ana City Attorney will advise the City with respect to issues of attorney -client privilege, scope of privilege, waiver, and work product in connection with services provided under this Agreement. The City and Attorneys intend that Attorneys' investigations will be covered by the attorney -client privilege and attorney -work product privilege to the extent legally permitted, although Attorneys understand that the City may choose to waive the privilege in the future. The City specifically gives its informed consent to a limited scope engagement and understands that it may seek independent legal advice concerning the proposed limited scope engagement if it wishes. 6. CITY COOPERATION City agrees to make available the witnesses and documents requested by Attorneys to permit Attorneys to perform this independent investigation. The City will designate an employee as the primary point of contact for the City for each investigation performed under this Agreement. This will include arranging access to witnesses and documents and arranging a location for interviews. 7. NO GUARANTEES It is understood that there is no guarantee or assurance that any particular result will be reached in any investigation conducted under this Agreement. 8. REPORTING REOUIREMENTS Unless otherwise directed, Attorneys will provide a written report to the Executive Director of Human Resources for each investigation conducted under this Agreement. Upon the conclusion of any investigation, at the Executive Director of Human Resource's request, the Attorneys may also provide, in a privileged document separate from the report, recommendations to assist in resolution of any or all substantiated findings. 9. TERM The term of this Agreement shall commence on the date first written above and terminate three (3) years thereafter, unless terminated earlier pursuant to Section 19 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney. 10. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 006085.00005 a 13457441.1 City Council 18 — 14 7/20/2021 11. INSURANCE Attorneys shall provide to the Executive Director of Human Resources proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 12. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct related to this Agreement. Since the purpose of the Attorneys' engagement is to assist the City in determining the facts related to internal personnel complaints, the City agrees to the following limited indemnity language. The City agrees to indemnify, defend and hold Attorneys, its successors and assigns, and each of its officers and employees, harmless from any and all claims, suits, demands, losses and expenses, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms, or other entity arising out of Attorneys' performance or non-performance of its obligations under this Agreement, unless an error or erroneous omission by Attorneys cause such damage or loss. The City shall not indemnify Attorneys for any matter involving a claim by the City of professional negligence, or any matter for which Attorneys shall have been adjudicated to have acted in bad faith or engaged in willful misconduct or any conduct outside the scope of its retention under this Agreement. This Agreement in no way limits the Attorneys' liability for professional malpractice under California Rule of Professional Conduct 3- 400. 13. RELATED POST -INVESTIGATION SERVICES If Attorneys are asked or required to prepare for and/or testify, including, without limitation, at deposition, trial, arbitration or any other proceeding, because of services rendered under this Agreement, if Attorneys must respond to subpoenas or discovery or otherwise respond or perform services with respect to any matter relating to or arising out of the services performed for City, City agrees to pay Attorneys for all time expended (including preparation time) at Attorneys' then current regular hourly rate and to reimburse Attorneys for reasonable costs and expenses incurred, whether or not the investigation has been concluded. This includes reasonable costs of legal representation. Payment is due upon presentation of a bill for services, costs, and expenses. 14. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed OM5.00005 8 13457441.1 City Council 18 — 15 7/20/2021 by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 15. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 16. 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: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Fax: (714) 647-6956 Courtesy Copy: Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) Santa Ana, California 92702 Fax:(714) 647-6930 To Attorneys: Attention: Imta Rodriguez Moisa Atkinson, Andelson, Loya, Ruud & Remo, APC 12800 Center Court Drive, Suite 300 Cerritos, California 90703 Fax: (562) 653-3333 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 facsimile, 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. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 006085.00005 13457441.1 City Council 18 — 16 7/20/2021 bind or obligate Attorneys 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 parties, which are not embodied herein. 18. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 19. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement asof such date, Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel. 20. NON-DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression gender, medical conditions, genetic information, or military and veteran status, 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state, and local laws and regulations. 21. 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. 22. MISCELLANEOUS PROVISIONS 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, 23. COUNTERPARTS: SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission, email, or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. 006085.000a5 13457441.1 City Council 18 — 17 7/20/2021 N-wat —o�(0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: K" ' ` S1l Daisy Gomez, CMC Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �fwjia- A. Re�i r c Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: son Motsick Executive Director of Human Resources CITY OF SANTA ANA Kristine Ridge City Manager ATKINSON, ANDELSON, LOYA, RUUD & ROMO, APC. By: Name: Irma Rodriguez Moisa Title: Partner Tax ID No. 95-3378600 006085.00005 13457441.1 City Council 18 — 18 7/20/2021 Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Quitclaim of Portion of Traffic Signal Easement AGENDA TITLE Authorize Quitclaim of a Portion of a Traffic Signal Easement (2727 North Main Place Drive) (Applicant:and Owner: Mainplace Shoppingtown LLC, a Delaware Limited Liability Company) for $4,000 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a quitclaim deed relinquishing the City's interest in a portion of a traffic signal easement at 2727 North MainPlace Drive to Mainplace Shoppingtown LLC, a Delaware limited liability company for $4,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 4, 2019, the City Council approved a tentative parcel map, a development agreement, and other entitlements to allow the MainPlace Transformation and Expansion Project Specific Plan at 2800 North Main Street. The initial phase of the project includes a 309-unit, five -story residential building at 2727 North Main Place Drive near the northwest corner of North Broadway and Main Place Drive (Exhibit 1). To accommodate the building, the property owner, Mainplace Shoppingtown LLC, wishes to remove a portion of a traffic signal easement, which was granted to the City by a prior landowner in 1987. The easement conflicts with the footprint of the residential building and the applicant is requesting the City quitclaim the easement in order to move forward with the project. Generally, easements provide access or right of entry for specified purposes. In this case, an easement was granted (Exhibt 2) in order to give the City access to private property to maintain equipment associated with the traffic signal at North Broadway and North Main Place Drive. The 477 square foot portion (Exhbit 3) of the easement to be quitclaimed does not contain any traffic signal equpipment, and staff has determined the portion of easement is not needed. Consistent with past practices, the developer is required to compensate the City for the value of the property. Staff has received an opinion of value of $4,000. City Council 19 — 1 7/20/2021 Quitclaim of Portion of a Traffic Signal Easement July 20, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Proceeds in the amount of $4,000 from the quitclaim of the easement at 2800 North Main Street will be received into the Select Street Construction, Sale of Land revenue account (No. 05917002-57071). EXHIBIT(S) 1. Location Map 2. Quitclaim Deed 3. Quitclaim Area Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 2 7/20/2021 City Council 19 — 3 7/20/2021 Recording Requested h CITY Of SANTA ANA 87-402655 When Recorded !Melt To: CITY OF SANTA AVA CLERK OF THE COUNCIL BO. a(%x isas SANTA ANA, CA ga?02 Mau Von Statement To: CITY OF SANTA ANA Ra sox lose SANTA ANA. CA "702 Free Recar&isp R*geopta my The City of Seat* Ar Oovefnrnerlt CO" 6103 '20 PM Jul Y 518 F-UEMPT C14 TWO UNOSRSlPNE TAX 10 NQW TRANSFER T ✓ jt 99 --Must 'WmNrWc P NOAi*N01t `4/k4g'lIene ��.L°'G,.����ti lid/ I:,%.�f'e'$ iN GRANT DEED FOR A VALUABLE CONSIDERAT1Ort, receipt of which Is herNbY acknowledsaid, oSti.7 is tk;.n vnna'urcc siai—abY GPANT (—a) to THE CITY OF SANTA AHA, a Municipst s orrsoreiion the real propel117 In the City of Sento Jana, cotJ ly i or3fte. areas of C'21wnls, ko"it's as teitowa: An easement fcr installation of traffic signaln, poles, detector loops, pull boxes, conduits, wires and appurtenances, and the right of ingress and egress therein fr.,r vaintenance nurposea it;, on, r-n er and through that certain real property descrioed as follows: Beginning at the Northwest corner of that certain parcel of land granted to The CommunLe_v Redevelopment Agency of the City Of Santa Ana by deed recorded January 15, 1982, as Document No. 82-017688 in Official Records Of Orange County, California; thence Southwesterl-• 20.06 font along the Weat line of said parcel; rhencot North 88' 14' 44" West !,,� 15.0 feet; tnence :cart?; 01' 15' 76" East 40.0 feat; thence .:south 880 14' 44" Cast 25.0 feet; thence North e1• 45, 16" Fast 45.0 feet; ti-,ence South 88' 14' 44" East 45.0 feet; thence South 01' 45' 16" West 40.0 feet; thence South 98. 14' 44" East 25.0 feat more or less to the West lane CZ that certain real property described in a Desu to KLST Partnership Ltd., recorded January 21, 1986, as Document No. 86-026325 in Official ReccY-a. nF Or�.tq.. n�nn.�.Y Callrurnia; thence sakitherly alone, last said Went line to the Nort% Line of said land granted by 00cum�.st No. 82-01715aO; thence westerly along last said ?North line to the Point of Beginning. Datedy1,+�aY , .�~ — / 98 'l 1 S�f(1TE_OF CALiFOJWIA_ Its. Oa >�od a had fo a the uel, poroned a rod fors State, peraonelly l er*c.-.ally known rear for ored to rnf,on IM fonhai t Who-C. i!sr,te Y^ vfTtoc: :D tC T,e witwho o nomeperi aatrser/Nd !o f within Instrument aM tnowlJpd t0 11N that hehM/IneY acecazta0ith isms. SANTA ANA VENTURE By �....._ `Z Ron R. Hr .n 1 This it tr oettlir that tho Interest in real property aan7Tta6 37 aa�o1d iotetl JiM aw e from :U-AMA 0e fy WITNESS my M and off lot seal. to the City of Sant Ann, a p&Iltfaat eorpo•rstlen *"itOOYornelentl esonAr. is hereby &*,*pled by rho uMNSISned striper or eeant on beiratt el ihs Sion&ear* City Council pursuant to eat Mt%ty eeofefred by Resolutiae Me. 61.1N o1 the city coap it 6661,U ___. e0 October e. tMe. And 11w Rscording Requested my CITY OF SANTA ANA When Recorded Mall 'to-. 8T-402655 CITY OF SANTA t'.NA OF 0E=WeifY OALWOM" CLERK OF THE COUNCIL PO. tox lose .24 1A. 15 '�7 BANTA ANA, CA 02702 C Mall Tea sletrrweal TO: v a+ dw4l- KCdK CITY OF SANTA ANA ��yy EXEMP La-e.--•+^""'l as sox lose C14 n OANTA ANA, CA e2702 Aerq TMe Line Fir weee Frre Record-nS Request" By THE 9NDSReiGHt �LA1t OOC M[ -he City of Santo Ant TAX I 441-•- E _ Crovernme ni Code SIOS TRANSFER cr7T wawneeR, ct2y of aenis an* aaoe Approw k.R sivin"r /W OArtp ro)a a+. Te ana �Cl ey�AlD IeetN wilt ypit@IT :ill. Nvi,i" NYMMf F Z //z!7/ �(] 2-zef-t/ ,VWIA All.9Ci4 yV GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which Is (tereby cekclowledaed, SANTA ANA VENTURE hereby GRAliT(S) to THE CITY OF SANTA ANA. a Municipal Corporation the goat property In the Ctty of 04mte A", CeraNl, of of&"". state e, Cslifernle, deaorlaed a, Follows: An zanement for installation of traffic aignals, poles, detector loopb, pull boxes, eondui:.r, wires and app-rtenances, and the right of ingress and egress +herein for maintenance purposes in, one over and through that certain real property described as followe2 Beginning at the Northwest corner of that certain parcel of land granted to The Community Redevelopment Agency of the City of Santa Ana by deed recorded January 15, 1982. as DOCLUsent NO. 82-017688 in Official Records of Orange County, Californial thence Southwreaterly 20.06 feet along the Neat line of said parcaly thence North 88. 14' 44" West 15.0 feet; thence North 01" 451 16" East 40.0 fart; thence South BS^ 14' 44" East 25.0 foot; thence North 010 454 16e East 45.0 feet; thence Rar.th 88. 14. 44" Meat 45.0 foot- thence South 01e 451 1G" West 40.0 Feett thence South 880 141 44" Eaet 27.0 feet more or lees to the West line of that certain real property described in a Deed to KLST Partnership Vtd.e recorded January 21. 1986. as -Document No. 36-026325 in Official Records of Orange County, Californiar thence Sou^heely along loot tent.£ West. line to bill North line of sa:d land granted by Docu_mlot No. 82-017620; thence: Westerly along last said North line to then Point of neginning. voted- -�ni+�-f mow•` i O 17 O h � c 1 Sy1TE OF CALIFO a f Ire. / CO MT OF �• 1 On_ befor, the onderalensa STATE OF CALIFORNIA 1 COUNTY OF_....... _ .. . .. Ip. _p...,ryy. wore, SANTA ANA VENTURE n't Vt 7Z w Ron R. Brur.-v1Q _ ViCA YrouldauL 8T-402655 I � i me, Cs unde.rrixned, a Notary Fgbl:c in and fx Said mate, personally appeared --....�.__._�... _....__.--- .---- ............. 7...r".._r........wa�nc."i..._.x....,.f��,..�T.....+�.Y^_•...—_ ...... .... .__-..... ........ _.._........... ...... ...__........... ,......... ........... _......_mown to me to be..._...__.. . `Q_ ..... __... ....... _-.._.- of the partners of the partnership that eaeeutrd the within Instrumrnt, and aeknowledaed to me that Such partnership executed the same. WITNESS my hand and oWwUl real. (Sul) .._�a�7!�IRSiKefY.—_T.`1OLYA.ISiI_a...................... .... - _ (NMa7r_Pttbik'e X..smne) 092977 tt-70e 22 !a pNtner.hnp -61040 q knowlvdament 19-5 7/20/2021 EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM OF A PORTION OF EASEMENT FOR TRAFFIC SIGNAL PURPOSES IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING THAT PORTION OF THAT CERTAIN EASEMENT FOR TRAFFIC SIGNAL PURPOSES GRANTED TO THE CITY OF SANTA ANA PER INSTRUMENT NO. 87-402655, RECORDED JULY 15, 1987 IN OFFICIAL RECORDS OF SAID COUNTY, LYING NORTHERLY AND WESTELRY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE SOUTHERLY LINE OF PARCEL 1 OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 2020-01, RECORDED MARCH 4, 2021 AS INSTRUMENT NO. 2021000151698, IN SAID OFFICIAL RECORDS, DESCRIBED AS "SOUTH 88°15'03" EAST 201.24 FEET"; THENCE WESTERLY ALONG SAID COURSE NORTH 88'15'D3" WEST 15.16 FEETTO THE WESTERLY SIDELINE OF SAID EASEMENT FOR TRAFFIC SIGNAL PURPOSES; THENCE LEAVING SAID SOUTHERLY LINE, ALONG SAID WESTERLY SIDELINE NORTH 01°51'16" EAST (RECORD NORTH 01°45'16" EAST PER SAID EASEMENT) 13.00 FEETTO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY SIDELINE, ALONG A LINE LYING PARALLEL WITH AND 13.00 FEET NORTHERLY OF SAID SOUTHERLY LINE OF PARCEL 1, SOUTH 88°15'03" EAST 9.06 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 47'49'27" EAST 22.17 FEETTO THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN SAID WESTERLY SIDELINE DESCRIBED IN SAID INSTRUMENTAS "NORTH 01'45'16" EAST45.0 FEET"; THENCE ALONG SAID PROLONGATION NORTH 01'51'16" EAST 8.57 FEETTO AN ANGLE POINT IN SAID WESTERLY SIDELINE AND THE POINT OF TERMINUS OF THIS DESCRIPTION. CONTAINING 477 SQUARE FEET, MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THE BASIS OF BEARINGS STATED HEREON ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 NAD, (1991.35 EPOCH O.C.S. ADJUSTMENT) BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 3105 AND STATION GPS NO. 3108 BEING NORTH 89'26'38" EAST AS PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. y\ KL LAND SG 4/15/2021 tv5 OP��J'KNgAr �L MICHAELJAMES K N DATE �� .��4 0 F4 P. L. S.8012 a 70 cPj NO. 8012 9�F OF CAI�F�� City Council — 6 7/20/2021 EXHIBIT 'B" SHEET I OF SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR: QUITCLAIM OF A PORTION OF AN EASEMENT FOR TRAFFIC SIGNAL PURPOSES PER INST. NO. 87-402655, O.R., REC. 7/15/1987 NOTE BEARINGS SHOWN ON SHEET 2 ARE ALSO SHOWN ON PARCEL MAP NO. 99-152 BASIS OF BEARINGS COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 NAD, (1991.35 EPOCH O.C.S. ADJUSTMENT). ALL DISTANCES SHOWN HEREON ARE GROUND UNLESS OTHERWISE NOTED. THE BEARINGS SHOWN HEREON ARE BASED BETWEEN O.C.S HORIZONTAL CONTROL STATION GPS NO. 3105 AND STATION GPS NO. 3108 BEING NORTH 89' 26' 38" EAST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. ------A N8902638"E (BASIS OF BEARINGS) \(� 3686.74`(3686.67GRID) O.C.S. GPSSTATIONya \ N 2,2331,4211.00305 2�9p'86 (TlE \ PARCEL 1 LLA 2020-01 SEE SHEET 2 14 �R/W --, MAIN PLACE I LAND S� GRAPHIC SCALE IN FEET j' 0 50 100 200 _ o e g No. 8012 z z Exp. 12/31 /22 Klmley*Horn iM B S1REEf.M9E26Ep SW PEW. W B11M OF CA��F/ O.C.S. GPS STATION NO. '3108" N: 2,231,456.784 E: 6,071,903.877 FOR, PARORL 3 LLA 2020-01 1 FCFNn SEE SHEET TWC City Council  '19 – 7 7/20/2021 EXHIBIT 'B" I SHEET 2 OF 2 Q N w FOR, PARO-5L 3 N M LLA 2020 01 0 0 Z PARCEL 1 4-��Ls LVLLA 2020-01 POOT I _ L4 - R/W & S-LY LP.O.B. LINE PARCEL 1 L2 �` v� , 15.58'+ ---______L "� L14 NW COR, INST. NO. L3�) 82-017688, O.R. & ANGLE 588°IS'03"E 20 i.24' POINT W THE S'LY LINE OF LI PARCEL 1 P.O.C. � 1 N MAIN PLACE 0 M I LEGEND OF SIGNAL ®LIMITS EASEMENT QUITCLAIM AREA = 477 S.F. P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING P.O.T. POINT OF TERMINUS GRAPHIC SCALE IN FEET 0 15 30 60 Kimley*Horn iM B S1REEf. 9E2 8[Y SW PEW. W B11M EEASEM ENT OF THE CITY OF SANTA ANA FOR TRAFFIC SIGNAL PURPOSES PER DOC. NO. 87-402655, O.R., REC. 7/15/1987 LINE DATA TABLE - BEARING LENGTH L7 N880 15' 03"W 15.16' L2 NOI°51'16T 13.00' L3 S88015'03"E 9.06' L4 N470 49' 27"E 22.17' L5 NO1051' 16"E 8.57' L6 S04052'33"W 7,03' L7 NOl°51'76T 24.00' L8 S88008'44"E 25.00' L9 NOl°51' 767 45.00' L70 S880 08'44"E 45.00' L11 SO1051' 16"W 40.00' L 12 S880 08' 44"E 27.45' L13 SO1045'41"W 24.82' L14 N880 15'03"W 81.43' City Council 19 – 8 7/20/2021 Community Development Agency www.santa-ana.org/cd Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Workforce Innovation and Opportunity Act Funds AGENDA TITLE: Adopt a Resolution Authorizing the City Manager to Execute Sub Grant Agreements to Receive Workforce Innovation and Opportunity Act funds for a Three -Year Period Expiring June 30, 2024 (Non -General Fund) RECOMMENDED ACTION Adopt a Resolution authorizing the City Manager or designee to execute sub -grant agreements (AA211027) and all necessary documents for Workforce Innovation and Opportunity Act funds from the State of California for a three-year period from July 1, 2021 to June 30, 2024 subject to non -substantive changes approved by City Manager and City Attorney. DISCUSSION The Workforce Innovation and Opportunity Act (WIOA) of 2014 provides funds to Local Workforce Development Areas (LWDA) to operate job -training programs permissible under the Act for adults, dislocated workers and youth meeting specific criteria set forth in the Act. The City of Santa Ana was designated as a Local Workforce Development Area by the State pursuant to the WIOA. Under WIOA, Local Workforce Development Areas, such as Santa Ana, receive formula allocations on an annual basis to operate job -training programs for adults, economically disadvantaged youth and dislocated workers and address the workforce needs of area businesses. A new sub -grant is required at the beginning of each fiscal year. Submittal of the sub - grant agreement will enable the City to receive WIOA Youth Formula Funds. As in previous years, the State has provided a sub -grant agreement for Program Year 2021- 22. Upon approval of the resolution (Exhibit 1) and execution of the PY 2021-22 sub grant agreement, Santa Ana's Youth formula allocation is $751,794 (Exhibit 2). The State has notified staff that the PY 2021-22 allocation for Adult will be $726,100 and $481,757 for Dislocated Worker and will be incorporated by a unilateral modification to the sub grant at a later date. City Council 20-1 7/20/2021 Workforce Innovation and Opportunity Act Funds July 20, 2021 Page 2 FISCAL IMPACT The adopted FY 2021-22 budget included the estimated $751,794 in WIOA Youth grant funding. The budget will be reduced to reflect the actual allocation. EXHIBIT(S) 1. Resolution 2. PY 2021-22 Sub -Grant Agreement Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 20 — 2 7/20/2021 ROH — 07/20/21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT AND ALL NECESSARY DOCUMENTS TO RECEIVE FUNDS FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT WITH THE STATE OF CALIFORNIA, WORKFORCE SERVICES DIVISION, FOR A THREE YEAR PERIOD FROM JULY 1, 2021 TO JUNE 30, 2024 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. The Workforce Innovation and Opportunity Act (WIOA) of 2014 provides funds to Local Workforce Development Areas (LWDA) to operate job -training programs permissible under the Act for adults, dislocated workers and youth meeting specific criteria set forth in the Act. B. The California Workforce Investment Board recommended approval that Santa Ana be designated as a local workforce development area under WIOA. The Governor and Secretary of the Labor and Workforce Development Agency concurred with the recommendation. C. Anew sub -grant is required at the beginning of each fiscal year in order to avoid the commingling of funds from the previous year. Submittal of this sub -grant is the first step in the process enabling the City of Santa Ana to receive WIOA funds as they are allocated by the State of California at the beginning of each new fiscal year. D. Submittal of the sub -grant agreement will enable the City to receive WIOA Youth Formula Funds. The City will also receive Adult and Dislocated Worker Formula Funds through a unilateral modification from the State of California. E. The sub -grant and other related documents from the State of California must be reviewed and executed by the City of Santa Ana in order to receive said funding. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager or her designee to perform any and all duties and to execute all necessary documents related to the sub -grant with the State of California, Workforce Services City Council 20 — 3 7/20/2021 Resolution No. 2021-XXX Page 1 of 2 Division, for the next three (3) years of the WIOA program, until June 30, 2024, so long as the City remains designated as a local workforce development area under WIOA. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2021 Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: _ /atit, Ryan O. od Assistan City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2021- to be the original resolution adopted by the City Council of the City of Santa Ana on 12021. Date: Clerk of Council City of Santa Ana City Council 20 — 4 7/20/2021 Resolution No. 2021-XXX Page 2 of 2 WIOA SUBGRANT AGREEMENT Santa Ana Workforce Development Board PASS -THROUGH ENTITY: State of California Employment Development Dept. Central Office Workforce Services Division P.O.Box 826880, MIC 69 Sacramento, CA 94280-0001 SUBGRANT NO: AA211027 MODIFICATION NO: New SUBRECIPIENT CODE: SAN UNIQUE ENTITY NO: 083153247 INDIRECT COST RATE: SUBRECIPIENT: Santa Ana Workforce Development Board 801 W. Civic Center Drive SANTA ANA, CA 92701 GOVERNMENTAL ENTITY: Yes This Subgrant Agreement is entered into by and between the State of California, Employment Development Department, hereinafter the Pass -through Entity, and the Santa Ana Workforce Development Board, hereinafter the Subrecipient. The Subrecipient agrees to operate a program in accordance with the provisions of this Subgrant and to have an approved Workforce Innovation and Opportunity Act (WIOA) Local Plan for the above named Pass -through Entity filed with the Pass -through Entity pursuant to the WIOA. This modification consists of this sheet and those of the following exhibits, which are attached hereto and by this reference made a part hereof: Funding Detail Chart General Provisions Youth Formula Rd 1 ALLOCATION(s) PRIOR AMOUNT $0.00 The Pass -through Entity agrees to reimburse the INCREASE/DECREASE: $751,794.00 Subrecipient not to exceed the amount listed TOTAL: $751,794.00 hereinafter 'TOTAL' TERM OF AGREEMENT Terms of Exhibits are as From:4/1/2021 To: 6/30/2023 designated on each exhibit PURPOSE: To initiate Program Year (PY) 2021-22 WIOA Subgrant and incorporate WIOA Youth formula funding under grant code 301. Term of these funds is from 04/01/2021 - 06/30/2023 APPROVED FOR PASS -THROUGH ENTITY(EDD) APPROVED FOR SUBRECIPIENT (By Signature) (By Signature) Name and Title Name and Title JAIME GUTIERREZ CHIEF CENTRAL OFFICE WORKFORCE SERVICES DIVISION I hereby certify that to my knowledge, the budgeted This agreement does not fall within the meaning of Section funds are available for the period and purpose of 10295 of Chapter 2 of Part 2 of Division 2 of the Public expenditures as stated herein Contract Code of the State of California and pursuant to 58 OPS Cal. Atty. Gen 586, is exempt from review or approval of the Dept. of General Services and the Dept. of Finance Signature of EDD Accounting Officer Budget item: 7 100 Fund: 0869 Budgetary Attachment No Cheate,'. Statute: 2021 FY'. 21/22 form: City Council 7/20/20AIz 1 f - 6 SUBGRANT AGREEMENT FUNDING DETAIL SHEET SUBGRANT NO:AA211027 MODIFICATION NO:New Santa Ana Workforce Development Board Funding Source WIAIWIOA Formula 96102 301 Youth Formula Rd 1 04/01/2021 to 06/30/2023 Prog/Element 61/90 Ref 101 Fed CatIg 17.259 Total WIAIWIOA Formula Grand Total: I. Allocation Prior Amount Increase $0.00 $751,794.00 $0.00 $751,794.00 $0.00 $751,794.00 Decrease Adjusted Allocation $0.00 $751,794.00 $0.00 $751,794.00 $0.00 $751,794.00 I r,I -- QJtY C1QLtnPiJ7,,ktrcc I, ... t_on and Oppci tu-i is Act ?9 %0115, Tit - nls5, 7/20/20�1, 7 of - 6 oth roisi -ot d. For m cation, purposos on Al othci t-rms a_ _ondit_c s cthis cxhib-t NARRATIVE SUBGRANT NO:AA211027 MODIFICATION NO: 0 SUBRECIPIENT:Santa Ana Workforce Development Board FAIN NO: AA-36309-21-55-A-6 FEDERAL AWARD DATE: 6/11/2021 FUNDING SOURCE: Youth Formula Rd 1 - 301 TERM OF THESE FUNDS: 04/01/2021 - 06/30/2023 !------------------------------------------------------------ Use of funds added by this modification is limited to this period and ;additionally limited by the recapture provisions applicable to this ;funding source. The state may at its discretion recapture funds ;obligated under this exhibit, if expenditure plans are not being met. ; PROGRAM NARRATIVE The purpose of this action is to initiate this Local Area's new Program Year (PY) 2021-22 Workforce Innovation and Opportunity Act (WIOA) Title I subgrant agreement and to incorporate WIOA Youth formula funding into Grant Code (GC) 301. The amount in GC 301 represents this Local Area's entire Youth formula allocation for PY 2021-22. The term date for these funds is April 1, 2021 through June 30, 2023. FAIN AA-36309-21- 55-A-6. The Local Area will operate the WIOA program in accordance with the approved Workforce Innovation and Opportunity Plan on file in the Central Office Workforce Services Division of the Employment Development Department, P.O. Box 826880, MIC 50, Sacramento, CA 94280-0001. NOTE: Requirement to Provide Certain Information in Public Communications (Steven's Amendment) Pursuant to Public Law 116-260, Division H, Title V, Section 505, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all non -Federal entities receiving Federal funds shall clearly state: 1. The percentage of the total costs of the program or project which will be financed with Federal money; 2. The dollar amount of Federal funds for the project or program; and 3. The percentage and dollar amount of the total costs of the project or program that will be financed by non -governmental sources. :----------------------------------------------------------------------------------------------- ;This exhibit adds to and does not replace the terms and conditions of any other exhibit included in this ;agreement which terms and conditions remain in full force and effect. '----------------------------------------------------------------------------------------------' v,io� (2Ui5) City Council 20 — 7 7/20/20glz 3 r - e Subrecipient:Santa Ana Workforce Development Board Subgrant No:AA211027 Modification No: New WIOA SUBGRANT AGREEMENT 1. Compliance In performance of this subgrant agreement, Subrecipient will fully comply with: a. The provisions of the Workforce Innovation and Opportunity Act (WIOA), (29 U.S.C. §§ 3101- 3361 (2014), WIOA Final Regulations, and all legislation, regulations, directives, policies, procedures and amendments issued pursuant thereto. b. All State legislation and regulations to the extent permitted by federal law and all policies, directives and/or procedures, which implement WIOA. c. Title 2, Code of Federal Regulations (C.F.R.) part 200 (Office of Management and Budget Guidance) [OMB Guidance]. d. Title 2, C.F.R. Part 2900 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) [Uniform Requirements]. e. The provisions of the Jobs for Veterans Act (Pub. L. No. 107-288) as the law applies to Department of Labor (DOL) job training programs. f. Subrecipient will ensure diligence in managing programs under this subgrant agreement, including performing appropriate monitoring activities and taking prompt corrective action against known violations of WIOA. 2. Certifications, Assurances, Standards Except as otherwise indicated, the Subrecipient agrees to comply with the certifications, assurances and standards set out in Exhibit A: Certifications and Assurances, Exhibit B: Intellectual Property Provisions and Exhibit C: Confidentiality Requirements. Failure to comply with all requirements of the certifications, assurances and standards may result in suspension of payment under this subgrant agreement or termination of this subgrant agreement or both, and the Subrecipient may be ineligible for award of future state subgrant agreements/contracts if the Pass -through Entity determines that any of the following has occurred: a. false information on the certifications, assurances and standards, or b. violation of the terms of the certifications, assurances and standards by failing to comply with the requirements noted in Exhibits A, B and C. 3. Funding It is mutually understood between the parties that this subgrant agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the subgrant agreement was executed after that determination was made. a. This subgrant agreement is valid and enforceable only if i. sufficient funds are made available by the State Budget Act of the appropriate state fiscal years covered by this subgrant agreement for the purposes of this program, and ii. sufficient funds are made available to the state by the United States Government for the fiscal years covered by this subgrant agreement for the purposes of this program. In addition, this subgrant agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress and Legislature or any statute enacted by the Congress and Legislature which may affect the provisions, terms, or funding of this subgrant agreement in any manner. b. At the expiration of the terms of this subgrant agreement or upon termination prior to tha ayniratinn of thic ci bg=t a�raAmant� fi inric not nhWatari fnr thA n ncc of City Council 20 — 8 7/20/2091, 4 11 - e this subgrant agreement will be immediately remitted to the Pass -through Entity, and no longer available to the Subrecipient. c. The Pass -through Entity retains the right to suspend financial assistance, in whole or in part, to protect the integrity of the funds or to ensure proper operation of the program, providing the Subrecipient is given prompt notice and the opportunity for an informal review of the Pass -through Entity's decision. The EDD Chief Deputy Director or his/her designee will perform this informal review and will issue the final administrative decision within 60 days of receiving the written request for review. Failure on the part of the Subrecipient or a Subcontractor of the Subrecipient to comply with the provisions of this subgrant agreement, or with WIOA or other applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds. d. If applicable, the chief elected official (CEO) of a unit of general local government designated as a Local Workforce Development Area shall be liable to the Pass -through Entity for all funds not expended in accordance with WIOA, and shall return to the Pass -through Entity all of those funds. If there is more than one unit of general local government in a local area, the CEO(s) will be the individual(s) designated under an agreement executed by the CEO(s) of the local units of government. The CEO(s) designated under the agreement shall be liable to the Pass -through Entity for all funds not expended in accordance with WIOA, and shall return to the Pass -through Entity all of those funds. 4. Insurance a. Except for city and county governmental entities, Subrecipients must provide the Pass -through Entity evidence of the coverage specified in paragraphs (i), (ii), (iii) and (iv) below. The evidence of coverage shall include the registration number of the subgrant agreement for identification purposes. i. Subrecipient will obtain a fidelity bond in an amount of not less than , prior to the receipt of funds under this subgrant agreement. If the bond is canceled or reduced, Subrecipient will immediately notify the Pass - through Entity. In the event the bond is canceled or revised, the Pass -through Entity will make no further disbursements until it is assured that adequate coverage has been obtained. ii. Subrecipient will provide general liability insurance with a combined limit of $1,000,000, or public liability and property damage coverage with a combined limit of not less than $1,000,000. iii. Subrecipient will provide broad form automobile liability coverage with limits as set forth in (ii) above, which applies to both owned/leased and non -owned automobiles used by the Subrecipient or its agents in performance of this subgrant agreement. Or, in the event that the Subrecipient will not utilize owned/leased automobiles but intends to require employees, trainees or other agents to utilize their own automobiles in performance of this subgrant agreement, Subrecipient will secure and maintain on file from all such employees, trainees or agents a self -certification of automobile insurance coverage. iv. Subrecipient will provide workers' compensation insurance, which complies with provisions of the California Labor Code, covering all employees of the Subrecipient and all participants enrolled in work experience programs. Medical and Accident Insurance will be carried for those participants not qualifying as "employee" (§ 3350, et seq. of the California Labor Code) for workers' compensation. v. The Pass -through Entity will be named as "Certificate Holder" of policies secured in compliance with paragraphs (i), (ii), (iii) and (iv) above and will be provided certificates of insurance or insurance company "binders" prior to any disbursement of funds under this subgrant agreement, verifying the insurance requirements have been complied with. The coverage noted in paragraphs (iii) and (iv) above must contain the following clauses: 1. Insurance coverage will not be canceled or changed unless 30 days prior to the effective date of cancellation or change written notice is sent by the Subrecipient to: Employment Development Department, Central Office Workforce City Council 20 — 9 7/20/20glz Services Division Financial Management Unit, P.O. Box 826880, MIC 69, Sacramento, CA 94280-0001. 2. State of California, its officers, agents, employees, and servants are included as additional insured, but only insofar as the operations under this subgrant agreement are concerned. 3. State of California is not responsible for payment of premiums or assessments on this policy. vi. Subrecipient agrees that the liability insurance herein provided for shall be in effect at all times during the term of this subgrant agreement. In the event said insurance coverage expires at any time or times during the time of this contract, the Subrecipient agrees to provide, at least 30 days before said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the subgrant agreement or for a period of not less than one year. New certificates of insurance are subject to the approval of the Pass -through Entity, and the Subrecipient agrees that no work or services shall be performed prior to such approval. The Pass -through Entity may, in addition to any other remedies it may have, terminate this subgrant agreement should Subrecipient fail to comply with these provisions. 5. Resolution A county, city, district or other local public body must provide the state with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of this subgrant agreement. Preferably resolutions should authorize a designated position rather than a named individual. 6. Procurement Standards The Subrecipient must use the methods of procurement in accordance with 2 C.F.R. § 200.320. 7. Grievances and Complaint System Subrecipient will establish and maintain a grievance and complaint procedure in compliance with the WIOA section 181, OMB Guidance, Uniform Requirements, federal regulations and state statutes, regulations and policy. 8. Remedies for Non -Compliance If the Subrecipient fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Pass -through Entity may impose additional conditions, as described in 2 C.F.R. § 200.207, Specific conditions. If the Pass -through Entity determines that noncompliance cannot be remedied by imposing additional conditions, the Pass -through Entity may take one or more of the following actions listed in 2 C.F.R. § 200.338. 9. Disallowed Costs Except to the extent that the state determines it will assume liability, the Subrecipient will be liable for and will repay to the Pass -through Entity, any amounts expended under this subgrant agreement found not to be in accordance with WIOA including, but not limited to, disallowed costs. Such repayment will be from funds (Non - Federal), other than those received under the WIOA. 10. Termination This subgrant agreement may be terminated in whole or in part for either of the two following circumstances: City Council 20 — 10 7/20/20glz 6 If - e a. Termination for Convenience - Either the Pass -through Entity or the Subrecipient may request a termination, in whole or in part, for convenience. The Subrecipient will give a ninety (90) calendar -day advance notice in writing to the Pass -through Entity. The Pass -through Entity will give a ninety (90) calendar -day advance notice in writing to the Subrecipient. b. Termination for Cause - The Pass -through Entity may terminate this subgrant agreement in whole or in part when it has determined that the Subrecipient has substantially violated a specific provision of the WIOA, regulations, the Uniform Guidance or implementing state legislation and corrective action has not been taken. All notices of termination must be in writing and be delivered personally or by deposit in the U. S. Mail, postage prepaid, "Certified Mail -Return Receipt Requested", and will be deemed to have been given at the time of personal delivery or of the date of postmark by the U. S. Postal Service. Notices to the Subrecipient will be addressed to: Deborah Sanchez Director / Administrator Santa Ana Workforce Development Board 801 W. Civic Center Drive SANTA ANA, CA 92701 Notices to the Pass -through Entity will be addressed to: Employment Development Department Central Office Workforce Services Division Financial Management Unit P.O. Box 826880, MIC 69 Sacramento, CA 94280-0001 11. Audit Requirements a. The Subrecipient will maintain and make available to auditors, at all levels, accounting and program records including supporting source documentation and cooperate with all auditors. All governmental and non-profit organizations must follow the audit requirements (single audit or program -specific audit requirement) of OMB Guidance, and Uniform Requirements. b. The Subrecipient and/or auditors performing monitoring or audits of the Subrecipient or its sub -contracting service providers will immediately report to the Pass -through Entity any incidents of fraud, abuse or other criminal activity in relation to this subgrant agreement, the WIOA, or its regulations. 12. Entire Agreement This subgrant agreement contains the entire agreement of the parties and supersedes all negotiations, verbal or otherwise and any other agreement between the parties hereto. This subgrant agreement is not intended to and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the Pass -through Entity and the Subrecipient. Subrecipient represents and warrants it is free to enter into and fully perform this subgrant agreement. 13. Unenforceable Position In the event that any provision of this subgrant agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this subgrant agreement have force and effect and shall not be affected hereby. 14. Accounting and Cash Management a. Subrecipient will comply with controls, record keeping and fund accounting procedure requirements of WIOA, federal and state regulations, and directives to ensure the proper disbursal of, and accounting for, program funds paid to the Subrecipient and disb ity ounci�Umpnit, - 11 7/20/20gle b. Subrecipient will submit requests for cash to coincide with immediate cash needs and assure that no excess cash is on deposit in their accounts or the accounts of any sub -contracting service provider in accordance with procedures established by the Pass -through Entity. Failure to adhere to these provisions may result in suspending cash draw down privileges and providing funds through a reimbursement process. c. The Pass -through Entity retains the authority to adjust specific amounts of cash requested if the Pass -through Entity's records and subsequent verification with the Subrecipient indicate that the Subrecipient has an excessive amount of cash in its account. d. Income (including interest income) generated as a result of the receipt of WIOA activities, will be utilized in accordance with policy and procedures established by the Pass -through Entity. Subrecipient will account for any such generated income separately. e. Subrecipient shall not be required to maintain a separate bank account but shall separately account for WIOA funds on deposit. All funding under this subgrant agreement, will be made by check or wire transfer payable to the Subrecipient for deposit in Subrecipient's bank account or city and county governmental bank accounts. To provide for the necessary and proper internal controls, funds should be withdrawn and disbursed by no less than two representatives of the Subrecipient. The Pass - through Entity will have a lien upon any balance of WIOA funds in these accounts, which will take priority over all other liens or claims. 15. Amendments This subgrant agreement may be unilaterally modified by the Pass -through Entity under the following circumstances: a. There is an increase or decrease in federal or state funding levels. b. A modification to the Subgrant is required in order to implement an adjustment to a Subrecipient's plan. c. Funds awarded to the Subrecipient have not been expended in accordance with the schedule included in the approved Subrecipient's plan. After consultation with the Subrecipient, the Pass -through Entity has determined that funds will not be spent in a timely manner, and such funds are for that reason to the extent permitted by and in a manner consistent with state and federal law, regulations and policies, reverting to the Pass -through Entity. d. There is a change in state and federal law or regulation requiring a change in the provisions of this subgrant agreement. e. An amendment is required to change the Subrecipient's name as listed on this subgrant agreement. Upon receipt of legal documentation of the name change, the state will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Except as provided above, this subgrant agreement may be amended only in writing by the mutual agreement of both parties. 16. Reporting Subrecipient will compile and submit reports of activities, expenditures, status of cash, and closeout information by the specified dates as prescribed by the Pass -through Entity. All expenditure reports must be submitted upon the accrual basis of accounting. Failure to adhere to the reporting requirements of this agreement will result in funds not being released. 17. Records a. If participants are served under this subgrant agreement, the Subrecipient will establish a participant data system as prescribed by the Pass -through Entity. b. Subrecipient will retain all records pertinent to this subgrant agreement for a period of three years from the date of final payment of this subgrant agreement. If, at the end of three years, there is litigation or an audit involving those records, the Subrecipient will retain the records until the resolution of such litigation or City Council 20 — 12 7/20/20gle audit. Refer to OMB Guidance, Subpart D, Part 200.333-200.337. c. The Pass -through Entity and/or the DOL, or their designee (refer to OMB Guidance, section 200.336) will have access to and right to examine, monitor and audit all records, documents, conditions and activities related to programs funded by this subgrant agreement. For purposes of this section, "access to" means that the Subrecipient shall at all times maintain within the State of California a complete set of records and documents related to programs funded by this agreement. The Subrecipient shall comply with this requirement regardless of whether it ceases to operate or maintain a presence within the State of California before the expiration of the subgrant. Subrecipient's performance under the terms and conditions herein specified will be subject to an evaluation by the Pass -through Entity of the adequacy of the services performed, timeliness of response and a general impression of the competency of the firm and its staff. 18. Subcontracting a. Any of the work or services specified in this subgrant agreement which will be performed by other than by the Subrecipient will be evidenced by a written agreement specifying the terms and conditions of such performance. b. The Subrecipient will maintain and adhere to an appropriate system, consistent with federal, state and local law, for the award and monitoring of contracts which contain acceptable standards for ensuring accountability. c. The system for awarding contracts will contain safeguards to ensure that the Subrecipient does not contract with any entity whose officers have been convicted of fraud or misappropriation of funds within the last two years. 19. Consultants Fees paid to a consultant, who provides services under a program, shall be limited to $750 per day (representing an 8 hour work day). Any fees paid in excess of this amount cannot be paid without prior approval from the Grant Officer. 20. Conflicts a. Subrecipient will cooperate in the resolution of any conflict with the DOL that may occur from the activities funded under this agreement. b. In the event of a dispute between the Pass -through Entity and the Subrecipient over any part of this subgrant agreement, the dispute may be submitted to non -binding arbitration upon the consent of both the Pass -through Entity and the Subrecipient. An election for arbitration pursuant to this provision will not preclude either party from pursuing any remedy for relief otherwise available. 21. Indemnification a. The following provision applies only if the Subrecipient is a governmental entity: Pursuant to California Government Code § 895.4, each party agrees to indemnify and hold the other party harmless from all liability for damage to persons or property arising out of or resulting from acts or omissions of the indemnifying party. b. The following provision applies only if the Subrecipient is a non -governmental entity: The Subrecipient agrees to the extent permitted by law, to indemnify, defend and hold harmless the Pass -through Entity, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materials persons, laborers and any other persons, firms or corporations, furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any persons, firms or corporations which may be injured or damaged by the Subrecipient in the performance of this subgrant agreement. 22. Signatures City Council 20 — 13 7/20/20glz This subgrant agreement is of no force and effect until signed by both of the parties hereto. Subrecipient will not commence performance prior to the beginning of this subgrant agreement. Contact information for the awarding official of the Pass -through Entity: Name: Jaime Gutierrez Title: Division Chief Address: P.O. Box 826880, MIC 50 Sacramento, CA 94280-0001 Exhibit A Certifications and Assurances a. Corporate Registration: The Subrecipient, if it is a corporation, certifies it is registered with the Secretary of the State of California. b. Americans with Disabilities Act (ADA): Subrecipient assures that it complies with the ADA of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.) c. Sectarian Activities: The Subrecipient certifies that this subgrant agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination whatsoever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of church and state. d. National Labor Relations Board certification Subrecipient certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Subrecipient within the immediately preceding two-year period because of Subrecipient's failure to comply with an order of a Federal court, which orders Subrecipient to comply with an order of the National Labor Relations Board. (Pub. Contract Code § 10296) (Not applicable to public entities.) e. Federal Funding Accountability and Transparency Act (FFATA): By signing this subgrant agreement, Subrecipient hereby assures and certifies to comply with the provisions of FFATA, which includes requirements on executive compensation, and requirements implementing FFATA at 2 C.F.R. part 25 and 2. C.F.R. part 170. f. Prior Findings: Subrecipient, by signing this subgrant agreement, certifies that it has not failed to satisfy any major condition in a current or previous subgrant agreement with the DOL or the State of California and has not failed to satisfy conditions relating to the resolution of a final finding and determination, including repayment of debts. g. Drug Free Workplace requirement: Subrecipient will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. 2. Establish a Drug -Free Awareness Program to inform employees about: i. the dangers of drug abuse in the workplace; ii. the person's or organization's policy of maintaining a drug -free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations. 3. Every employee who works on the proposed subgrant agreement will: i. receive a copy of the company's drug -free workplace policy statement; and, ii. ,qwg t - ab d- by th t, was ot U --Mp w. "s ro'atgment as avnnriitian�f City Council 20 — 14 7/20/2941 employment on the subgrant agreement. 4. Failure to comply with these requirements may result in suspension of payments under this subgrant agreement or termination of the subgrant agreement or both and Subrecipient may be ineligible for award of any future subgrant agreements if the Pass -through Entity determines that any of the following has occurred: the Subrecipient has made false certification; or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et seq.) h. Expatriate Corporations: Subrecipient hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code §§ 10286 and 10286.1, and is eligible to contract with the State of California. i. Priority Hiring considerations: If this subgrant agreement includes services in excess of $200,000, the Subrecipient shall give priority consideration in filling vacancies in positions funded by the subgrant agreement to qualified recipients of aid under Welfare and Institutions Code § 11200 in accordance with Pub. Contract Code § 10353. j. Sweatfree Code of Conduct: 1. All Subrecipients contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to this subgrant agreement have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Subrecipient further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code § 6108. 2. The Subrecipient agrees to cooperate fully in providing reasonable access to the Subrecipient's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (1). k. Child Support Compliance: For any Agreement in excess of $100,000, the Subrecipient acknowledges in accordance with Public Contract Code § 7110, that: 1. The Subrecipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with § 5200) of Part 5 of Division 9 of the Family Code; and 2. The Subrecipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Pass -through Entity. I. Air/Water Pollution violation certification: Under the State laws, the Subrecipient shall not be: 1. in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; 2. subject to cease and desist order not subject to review issued pursuant to § 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or 3. finally determined to be in violation of provisions of federal law relating to air or water pollution. City Council 20 — 15 7/20/29?71 11 or r o m. Clean Air Act: Subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). n. Domestic Partners: For contracts over $100,000 executed or amended after January 1, 2007, the Subrecipient certifies that it is in compliance with Public Contract Code § 10295.3. o. Debarment and Suspension Certification: By signing this subgrant agreement, the Subrecipient hereby certifies under penalty of perjury under the laws of the State of California that the Subrecipient will comply with regulations implementing Executive Orders 12549 and 12689, Debarment and Suspension and OMB Guidance 2 CFR Part 180, that the prospective participant (i.e., Subrecipient), to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. 2. Have not within a three-year period preceding this subgrant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in Section 2 of this certification. 4. Have not within a three-year period preceding this subgrant agreement had one or more public transactions (federal, state or local) terminated for cause of default. Where the Subrecipient is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. p. Lobbying Restrictions: By signing this subgrant agreement, the Subrecipient hereby assures and certifies to the lobbying restrictions in 2 C.F.R. §200.450, 29 CFR Part 93 and in the Byrd Anti -Lobbying Amendment (31 U.S.C. §1352). 1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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, or 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 an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this subgrant agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of the lobbying restrictions be included in the award documents for subgrant agreement transactions over $100,000 (per OMB) at all tiers (including subgrant agreements, contracts and subcontracts, under grants, loan, or cooperative agreements), and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance is placed when this transaction is executed. Submission of the Lobbying 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 failure. City Council 20 — 16 7/20/2941 1, or , o q. Nondiscrimination Clause: 1. As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the Subrecipient assures that it has the ability to comply with the nondiscrimination and equal opportunity provisions of the following laws and will remain in compliance for the duration of the award of federal financial assistance: i. Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status and gender identity), national origin (limited English proficiency), age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship status or participation in any WIOA Title 1-financially assisted program or activity; ii. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin; iii. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; iv. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and v. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The Subrecipient also assures that, as a recipient of WIOA Title I financial assistance, it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the Subrecipient's operation of the WIOA Title 1-financially assisted program or activity, and to all agreements the Subrecipient makes to carry out the WIOA Title 1-financially assisted program or activity. The Subrecipient understands that the United States has the right to seek judicial enforcement of this assurance. Avoidance of Conflict of Economic Interest: An executive or employee of the Subrecipient, an elected official in the area or a member of the Local Board, will not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by the Subrecipient or Pass - through Entity. Supplies, materials, equipment or services purchased with subgrant agreement funds will be used solely for purposes allowed under this subgrant agreement. No member of the Local Board will cast a vote on the provision of services by that member (or any organization, which that member represents) or vote on any matter which would provide direct financial benefit to that member (or immediate family of the member) or any business or organization which the member directly represents. Exhibit B Intellectual Property Provisions Federal Funding Pursuant to 2 CFR 200.315, in any subgrant funded in whole or in part by the federal government, Pass -through Entity acquires the title to intangible property, as defined in 2 CFR 200.59 as including Intellectual Property, which results directly or indirectly from the subgrant. The federal government shall have a royalty -free, non-exclusive and irrevocable right to reproduce, publish, or otherwise use the Intellectual Property for Federal purposes, and to authorize others to do so. Additionally, pursuant to 2 CFR 2900.13, Intellectual Property developed under this subgrant will be licensed under a Creative Commons Attribution license, which allows subsequent users to copy, distribute, transmit and adapt the copyrighted work and requires such users to attribute the work in the manner specified by the Pass -through Entity. City Council 20 — 17 7/20/2p?71 1 3 or , o Exhibit C Confidentiality Requirements The State of California and the Subrecipient will exchange various kinds of information pursuant to this subgrant agreement. That information will include data, applications, program files, and databases. These data and information are confidential when they define an individual or an employing unit or when the disclosure is restricted or prohibited by any provision of law. Confidential information requires special precautions to protect it from unauthorized use, access, disclosure, modification, and destruction. The sources of information may include, but are not limited to, the EDD, the California Department of Social Services, the California Department of Education, the California Department of Corrections and Rehabilitation, the County Welfare Department(s), the County IV-D Directors Office of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California Office of Community Colleges and the Department of Alcohol and Drug Programs. The Pass -through Entity and Subrecipient agree that: a. Each party shall keep all information that is exchanged between them in the strictest confidence and make such information available to their own employees only on a "need -to -know" basis. b. Each party shall provide security sufficient to ensure protection of confidential information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect this information from reasonable unanticipated threats to the security or confidentiality of the information. c. The Subrecipient agrees that information obtained under this subgrant agreement will not be reproduced, published, sold or released in original or in any other form for any purpose other than those specifically identified in this agreement. 1. Aggregate Summaries: All reports and/or publications developed by the Subrecipient based on data obtained under this agreement shall contain confidential data in aggregated or statistical summary form only. "Aggregated" refers to a data output that does not allow identification of an individual or employer unit. 2. Publication: Prior to publication, Subrecipient shall carefully analyze aggregated data outputs to ensure the identity of individuals and/or employer units cannot be inferred pursuant to California Unemployment Insurance Code Section 1094(c). Personal identifiers must be removed. Geographic identifiers should be specified only in large areas and as needed, and variables should be recorded in order to protect confidentiality. 3. Minimum Data Cell Size: The minimum data cell size or derivation thereof shall be three participants for any data table released to outside parties or to the public. d. Each party agrees that no disaggregate data, identifying individuals or employers, shall be released to outside parties or the public. e. The Subrecipient shall notify Pass -through Entity's Information Security Office of any actual or attempted information security incidents, within 24 hours of initial detection, by telephone at (916) 654-6231. Information security incidents include, but are not limited to, any event (intentional or unintentional), that causes the loss, damage, or destruction, or unauthorized access, use, modification, or disclosure of information assets. The Subrecipient shall cooperate with the Pass -through Entity in any investigation of security incidents. The system or device affected by an information security incident and containing confidential data obtained in the administration of this program shall be immediately removed from operation upon confidential data exposure or a known security breach. It shall remain removed from operation until correction and mitigation measures are applied. If the Subrecipient learns of a breach in the security of the system which contains confidential data obtained under this Subgrant, then the Subrecipient must provide notification to individuals pursuant to California Civil Code Section 1798.82. City Council 20 — 18 7/20/2p?71 1 4 or , o The Subrecipient shall be responsible for all costs incurred by the Pass -through Entity due to a security incident resulting from the Subrecipient's failure to perform or negligent acts of its personnel, and resulting in an unauthorized disclosure, release, access, review, or destruction; or loss, theft or misuse of an information asset. If the Subrecipient experiences a loss or breach of data, the Subrecipient shall immediately report report the loss or breach to the Pass - through Entity. If the Pass -through Entity determines that notice to the individuals whose data has been lost or breached is appropriate, the Subrecipient will bear any and all costs associated with the notice or any mitigation selected by the Pass -through Entity. These costs include, but are not limited to, staff time, material costs, postage, media announcements, and other identifiable costs associated with the breach or loss of data. f. The Subrecipient shall provide for the management and control of physical access to information assets (including personal computer systems, computer terminals, mobile computing devices, and various electronic storage media) used in performance of this Subgrant. This shall include, but is not limited to, security measures to physically protect data, systems, and workstations from unauthorized access and malicious activity; the prevention, detection, and suppression of fires; and the prevention, detection, and minimization of water damage. g. At no time will confidential data obtained pursuant to this agreement be placed on a mobile computing device, or on any form of removable electronic storage media of any kind unless the data are fully encrypted. h. Each party shall provide its employees with access to confidential information with written instructions fully disclosing and explaining the penalties for unauthorized use or disclosure of confidential information found in Section 1798.55 of the California Civil Code, Section 502 of the California Penal Code, Section 2111 of the California Unemployment Insurance Code, Section 10850 of the California Welfare and Institutions Code and other applicable local, state and federal laws. i. Each party shall (where it is appropriate) store and process information in electronic format, in such a way that unauthorized persons cannot reasonably retrieve the information by means of a computer. j. All Subrecipient staff and subcontractors that are provided access to any data systems of the Pass -through Entity, excluding CaIJOBS, are required to complete and sign an Employee Confidentiality Statement (DE 7410). k. Each party shall promptly return to the other party confidential information when its use ends, or destroy the confidential information utilizing an approved method of destroying confidential information: shredding, burning, or certified or witnessed destruction. Magnetic media are to be degaussed or returned to the other party. I. If the Pass -through Entity or Subrecipient enters into an agreement with a third party to provide WIOA services, the Pass -through Entity or Subrecipient agrees to include these data and security and confidentiality requirements in the agreement with that third party. In no event shall said information be disclosed to any individual outside of that third party's authorized staff, subcontractor(s), service providers, or employees. m. The Subrecipient may, in its operation of the America's Job Center of California (AJCC), permit an AJCC Operator to enter into a subcontract to manage confidential information. This subcontract may allow an individual to register for resume distribution services at the same time the individual enrolls in CaIJOBS. Subrecipient shall ensure that all such subcontracts comply with the intellectual property requirements of this subgrant agreement, the confidentiality requirements of this subgrant agreement and any other terms of this subgrant agreement that may be applicable. In addition, the following requirements must be included in the subcontracts: All client information submitted over the internet to the subcontractor's databases must be protected, at a minimum, by 128-bit Secure Socket Layer (SSL) encryption. Clients' social security numbers must be stored in a separate database within the subcontractors network of servers, and protected by a firewall and a secondary database server firewall or AES data encryption. If a subcontractor receives client social security numbers or other confidential information in the course of business, for example a resume -distribution service City Council 20— 19 7/20/2QAj 15 or 16 that provides enrollment in CaIJOBS, social security numbers must be destroyed within two days after the client registers for CaIJOBS. If a subcontractor obtains confidential information as an agent of the Subrecipient, the subcontract must specifically state the purpose for the data collection and the term of records retention must be stated, and directly related, to the purpose and use of the information. Social security numbers and other client specific information shall not be retained for more than three years after a client completes services. 2. Client information (personal information that identifies a client such as name and social security number) and/or demographic information of a client (such as wage history, address, and previous employment) shall not be used as a basis for commercial solicitation during the time the client or agency is using the subcontractor's services. Client information and/or demographic information shall not be used for any purposes other than those specific program purposes set forth in the subcontract. 3. An AJCC client must still be given the option to use the AJCC's services, including CaIJOBS, even if he or she chooses not to use any services of the subcontractor. This option shall be prominently, clearly and immediately communicated to the client upon registration within the AJCC or for CaIJOBS, the subcontractor's resume -distribution services, or any other services subcontractor offers to the client or the AJCC Operator. 4. The subcontractor must clearly disclose all of its potential and intended uses of the client's personal and/or demographic information for the services the client seeks and for any other services the subcontractor offers. The subcontractor shall not use a client's personal and/or demographic information without the client's prior permission. A link to the subcontractor's Privacy Policy shall appear prominently on the registration screens that list the potential and intended uses of the client's personal and/or demographic information. 5. When the Pass -through Entity modifies State automated systems such as the State CalJOBS System, it shall provide reasonable notice of such changes to the Subrecipient. The Subrecipient shall be responsible to communicate such changes to the AJCC Operator(s) in the local area. n. Each party shall designate an employee who shall be responsible for overall security and confidentiality of its data and information systems and each party shall notify the other of any changes in that designation. As of this date, the following are those individuals: FOR THE PASS -THROUGH ENTITY: Name: Nicole Laktash Title: Section Manager Address: P.O. Box 826880, MIC 50 Sacramento, CA 94280-0001 Telephone: (916) 654-6804 Fax: (916) 654-9586 FOR THE SUBRECIPIENT: Name: Title: Telephone: Fax: City Council 20 — 20 7/20/2Q?71 16 or l b Public Works Agency www.santa-ana.org/pw Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Water Supply Assessment for the Warner - Red Hill Mixed Use Development Project AGENDA TITLE Resolution Approving the Water Supply Assessment for the Warner - Red Hill Mixed Use Development Project Located at 2300, 2310, and 2320 South Red Hill Avenue RECOMMENDED ACTION Adopt a resolution approving the Water Supply Assessment for The Warner - Red Hill Mixed -Use Development Project located at 2300, 2310, and 2320 South Red Hill Avenue. DISCUSSION In June 2021, the City of Santa Ana filed its 2020 Urban Water Management Plan (UWMP) with the California Department of Water Resources in accordance with California Water Code Section 10610, et seq., which requires UWMPs be filed every five years (Exhibit 1). The UWMP, among its several functions, estimates water supply sufficiency by forecasting the City's water supply capacity and anticipated consumer water demand to ensure that available water supply will meet or exceed demand. UWMPs are point -in -time estimates that, by their nature, cannot fully capture future effects of large changes not yet known at the time the plan is developed. For this reason, California Water Code Section 10910 requires separate review of water supply sufficiency via a Water Supply Assessment document for large projects. The City must concur that adequate water supply exists for residential development projects consisting of 500 dwelling units or more before development may proceed. The proposed Warner - Red Hill mixed -use development project, located at the western corner of Red Hill Avenue and Warner Avenue, includes 1,100 residential dwelling units and 80,000 square feet of commercial space, and therefore requires a Water Supply Assessment. Staff has reviewed the project's Water Supply Assessment (Exhibit 2) and has concluded that the City has adequate supply to service the project upon completion. Staff recommends that the City Council adopt a resolution approving the assessment (Exhibit 3). City Council 21 — 1 7/20/2021 Water Supply Assessment for the Warner - Red Hill Mixed Use Development Project July 20, 2021 Page 2 This is the first Water Supply Assessment submitted to the City Council for consideration since the completion of the 2020 UWMP. City staff will adjust the demand projections of the UWMP for the anticipated needs of this project and determine the unutilized water supply available for additional developments. ENVIRONMENTAL IMPACT There is no environmental impact is associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. City of Santa Ana 2020 Urban Water Management Plan: https://www.santa- ana.org/sites/default/files/ow/documents/2020UrbanWaterManagementPlan/Sant a Ana 2020 UWMP DRAFT 2021-05-05.1)df 2. Water Supply Assessment 3. Resolution — Water Supply Assessment for the Warner - Red Hill Project Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 21 — 2 7/20/2021 USCOE ■ I ■ i The Warner Project WATER SUPPLY ASSESSMENT City of Santa Ana County of Orange, California Prepared For Vineyards Development Corporation 240 Newport Center Dr. Suite #200 Newport Beach, CA 92660 310.571.8227 Prepared By Fuscoe Engineering, Inc. 16795 Von Korman, Suite 100 Irvine, California 92606 949.474.1960 www.fuscoe.com Project Manager: Josh Ruiz, PE Date Prepared: October 3, 2019 Date Revised: August 21, 2020 f u l City goyncil i 21 — 3 CITY OF SANTA ANA The Warner Project WATER SUPPLY ASSESSMENT ORANGE COUNTY, CALIFORNIA PREPARED FOR: VDC 240 Newport Center Drive, Ste. 200 Newport Beach, CA. 92660 (310) 571-8227 PREPARED BY: FUSCOE ENGINEERING, INC. 16795 Von Karman, Suite 100 Irvine, CA 92606 949,474.1960 www.fiscoe.com DATE PREPARED: OCTOBER 3, 2019 DATE REVISED: AUGUST 21, 2020 City Council 21 — 4 7/20/2021 THE WARNER PROJECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 TABLE OF CONTENTS 1. WSA PURPOSE AND BACKGROUND ............................................ 4 2. INTRODUCTION..................................................................... 6 2.1 Project Description.............................................................................................6 2.1.1 Existing Water Use......................................................................................8 2.1 .2 Proposed Water Use.................................................................................10 3. REGIONAL WATER SUPPLIES AND DEMANDS .............................. 12 3.1 City Water Supplies.........................................................................................12 3.2 City Water Demands.......................................................................................18 4. REGIONAL WATER SUPPLY RELIABILITY ...................................... 20 4.1 Metropolitan Water District regional water supply reliability.................................20 4.2 OCWD and City of Santa Ana Local Water supply reliability................................21 5. CONCLUSION..................................................................... 27 6. REFERENCES........................................................................28 7. TECHNICAL APPENDICES........................................................ 29 LIST OF FIGURES Figure 1 Vicinity Map. ... ............... -7 Figure 2 Existing Land Use Aerial......................................................................................9 Figure 3 Proposed Warner Site Plan................................................................................1 1 FUS OE ENGINEERING, INC. THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AuGu5T 21 , 2020 LIST OF TABLES Table 1 Project Proposed Land Uses........................................._.......................................6 Table 2 Existing Water Demands......................................................................................8 Table 3 Proposed Water Demands.................................................................................1 0 Table 4 City of Santa Ana Connections to Metropolitan Facilities.......................................12 Table 5 2015 Projected and Actual Water Supply and Demand (Acre-feet).........................1 3 Table 6 City of Santa Ana Groundwater Production Data 2015-16...................................15 Table 7 City of Santa Ana Projected Total Water Demands...............................................1 9 Table 8 Metropolitan Multiple Climate Scenario Water Supply Capability and Projected Demands Comparison from 2020-2040 (AF)..................................................................21 Table 9 City of Santa Ana Multiple Climate Scenario Water Supply and Demand Comparison from2020-2040(AF)....................................................................................................23 Table 10 City of Santa Ana Ability to Supply the Warner Project........................................25 LIST OF APPENDICES Appendix A — Proposed Project Water Demand Calculations Appendix B — City of Santa Ana Landscape Guidelines FU5 OE ENGINEERING, INC. ii THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AuGu5T 21 , 2020 ACRONYMS & ABBREVIATIONS AF Acre -Feet AFY Acre -Feet per Year BEA Basin Equity Assessment BPP Basin Production Percentage CDR Center for Demographic Research CEQA California Environmental Quality Act cfs cubic feet per second CRA Colorado River Aqueduct DU Dwelling Unit DWR Department of Water Resources GPCD Gallons per Capita per Day gpd gallons per day GWRS Groundwater Replenishment System LTFP Long Term Facilities Plan M&I Municipal and Industrial MG Million Gallons OCWD Orange County Water District QSA Quantification Settlement Agreement RA Replenishment Assessment SANDAG San Diego Association of Governments SAR Santa Ana River SB Senate Bill SCAG Southern California Association of Governments SF Square Feet SWP State Water Project UWMP Urban Water Management Plan WSA Water Supply Assessment Fu5 OE ENGINEERING, INC. iii THE WARNER PRCJECT WATER SUPPLY AsSESSMENT AUGUST 21 , 2020 1 . WSA PURPOSE AND BACKGROUND This Water Supply Assessment (WSA) was prepared for VDC as the project sponsor/applicant, and the City of Santa Ana ("City' or "Santa Ana") as the lead agency under the California Environmental Quality Act (CEQA), by Fuscoe Engineering, Inc. (Fuscoe), as the consultant, regarding the Warner Project ("Warner' or "Project"). This study is a requirement of California law, specifically Senate Bill 610 (referred to as SB 610). SB 610 is an act that amended Section 21151.9 of the Public Resources Code, and Sections 10631, 10656, 1091 Q, 10911, 10912, and 10915 of the Water Code. SB 610 repealed Section 10913, and added and repealed Section 10657 of the Water Code. SB 610 was approved by the Governor and filed with the Secretary of State on October 9, 2001, and became effective January 1, 2002. Under SB 610, WSAs must be furnished to local governments for inclusion in environmental documentation for certain projects (as defined in Water Code 10912 [a]) subject to CEQA. Due to increased population, land use changes and water demands, this water bill seeks to improve the link between information on water availability and certain land use decisions made by cities and counties. SB 610 takes a significant step toward managing the demand of California's water supply as it provides regulations and incentives to preserve and protect future water needs. The intent of this bill is to coordinate local water supply and land use decisions to help provide California's cities, farms, and industrial developments with adequate water supplies. With the introduction of SB 610, any project under CEQA shall provide a WSA if the project meets the definition of the Water Code Section 10912. "Project" means any of the following: • A proposed residential development of more than 500 dwelling units. • A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. • A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. • A proposed hotel or motel, or both, having more than 500 rooms. • A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. • A mixed -use project that includes one or more of the projects specified in this subdivision. • A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. • If a public water system has fewer than 5,000 service connections, then "project" means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system's existing service connections, or a mixed -use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system's existing service connections. After review of Water Code Section 10912, the Warner Project is deemed a "Project" because it proposes a residential development of more than 500 dwelling units. In addition, it is also necessary to include the recent passing (September 24, 2016) of Senate Bill 1262 (Chapter 594) which acts to amend Section 66473.7 of the Government Code, and Fus OE ENGINEERING, INC. 4 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 to amend Section 10910 of the Water Code, relating to land use' and the Sustainable Groundwater Management Act (SGMA) that was passed by California's Governor on September 16, 2014. Pursuant to SB 1262, as of January 1, 2017, WSAs are now required to reference certain SGMA-related information if water supply for a proposed project includes groundwater. Specifically, if a water supply for a proposed project includes groundwater, the following additional information shall be included in the water supply assessment: • A description of any groundwater basin or basins from which the proposed project will be supplied. • For those basins for which a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court orthe board and a description of the amount of groundwater the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), has the legal right to pump under the order or decree. • For a basin that has not been adjudicated that is a basin designated as high- or medium - priority pursuant to Section 10722.4, information regarding the following: o Whether the department has identified the basin as being subject to critical conditions of overdraft pursuant to Section 12924. o If a groundwater sustainability agency has adopted a groundwater sustainability plan or has an approved alternative, a copy of that alternative or plan. • Fora basin that has not been adjudicated that is a basin designated as low- or very low priority pursuant to Section 10722.4, information as to whetherthe department has identified the basin or basins as overdrafted or has projected that the basin will become overdrafted if present management conditions continue, in the most current bulletin of the department that characterizes the condition of the groundwater basin, and a detailed description by the public water system, or the city or county if either is required to comply with this part pursuant to subdivision (b), of the efforts being undertaken in the basin or basins to eliminate the long-term overdraft condition. As described in more detail throughout this WSA, the proposed Project will utilize water from the Orange County Groundwater Basin that is designated as a medium priority basin. Therefore, additional information regarding groundwater supply and management will be included in this WSA to satisfy the requirements of SB 1262. This WSA contains information from the City's 2015 UWMP, the Orange County Water Reliability Study prepared by Municipal Water District of Orange County (MWDOC), and information produced by the Orange County Water District (OCWD) and Metropolitan Water District of Southern California (Metropolitan). ' Senate Bill No. 1262, CHAPTER 594, found here: http://Ieginfo.legislature.co.gov/faces/billTextClieiit.xhtml ?bilIid=201520160SB 1262 Fu5 OE ENGINEERING, INC. 5 THE WARNER PRCLECT WATER SUPPLY As5E5SMENT AuGu5T 21 , 2020 2. INTRODUCTION 2.1 PROJECT DESCRIPTION The Warner Project is a 14.7-acre residential and retail project located in the City of Santa Ana. The Project is located at the intersection of Redhill Ave and Warner Ave. See Figure 1 for a vicinity map of the proposed Project. The proposed Project will replace existing office, warehousing and industrial land uses, parking lots and landscaped areas. There is also an existing temporary homeless shelter. The Project would redevelop the site for mixed uses commercial (retail/restaurant) and multi- family. This include a proposed General Plan Land Use designation change to District Center (DC) and a zone change to Specific Development (SD). The Project includes the development of four buildings on one lot. Buildings A-D consist of 5- story structures each with parking structures. A total of 1,150 dwelling units (DUs) are proposed which consist of a mix of studios, one -bedrooms and two -bedroom units. In addition to residential uses, approximately 80,000 square feet (sf) of retail is also proposed as part of the Project. Amenities of the Project include pools, club/fitness areas, roof decks, courtyards, and open space. Approximately 247,506 sf of private and publicly accessible open space is provided through common areas and courtyards. See Table 1 below for additional specifications related to the proposed Project. Table 1 Project Proposed Land Uses Land Use Unit Count Notes Residential Dwelling Units 1,150 DU Mix of studios, one -bedroom and two -bedroom residential units Restaurant/Retail 80,000 sf Restaurant and retail space to be provided at podium level Landscaping 247,506 sf Landscaped scattered throughout common and private areas Notes: DU dwelling unit sf square feet As mentioned, the purpose of this WSA is to provide information to confirm that the City of Santa Ana has sufficient water supply to provide for the proposed Project in addition to other service area demands now and into the future. This WSA compares the existing water demand of the Project site to the proposed water demand of the Project and to the City of Santa Ana regional water supplies and demands through 2040. FUs OE ENGINEERING, INC. 6 m �o N C — N���bNBWb/' �? H O 'bly 3a IRVINE ���� LL .� ta0 46 � H�Nby = vrfs m � w c R_ O 76 is NI1S0l 1 nS01 tl NI1 ♦ 5 1 nbONbaO —1 is Nlvw 1 t 1 II 1S.a3M O,ld `Im ♦ \ w is ioislae LL � w —_ lis avae 1 1 is M3ISVH sm, _ 1� 1 w ` ` � ♦ wnieadaavH o g 1 � 1 U � I d '�---1 is anPdJ CD C N U' g is isanHHooae o � LL C m £ � N d is ViONDew 0 L G1 0 C R d C C m 1s HNv39 ame HJv3s = s i d i 10 Qi L H N LJ M 0 U a U /' THE WARNER PRCJECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 2.1.1 Existing Water Use As mentioned, the existing land use of the Project include office, warehousing, industrial, and a temporary homeless shelter. There are currently three buildings that occupy approximately 160,400 SF at the Project site. See Figure 2 for an aerial image of the existing land uses at the proposed Project site. The water demand factors from the City of Santa Ana Design Guidelines for Water and Sewer Facilities (March 201 7)2 were utilized to establish an estimate of existing water demands at the Project site. An industrial water demand factor of 3,500 gallons per day (gpd) per acre was employed to account for three existing buildings at the Project site. In addition, a landscape water demand factor of 3,000 gpd/acre was employed for the scattered landscaping at the Project site. See Table 2 below for estimated existing water demands and the Project site. Table 2 Existing Water Demands Existing Land Land Use Land Use Water Demand Factor Existing Water Existing Water Use Square Acreage (gpd/acre) Demand Demand (AFY) Footage (gpd) Industrial Land 160,400 3.68 2,500 9,200 10.3 Uses Landscaped 60,000 1.40 3,000 4,200 4.7 Area Total 220,400 5.08 13,400 15.0 Nohes: d qollons perda AFY acre-feet per year As shown above, the estimated existing water use at the Project site is approximately 13,400 gallons per day (gpd) or 15.0 acre-feet per year (AFY). An estimated annual difference between existing water demands and proposed water demands resulting from the proposed Project are calculated and shown in Section 2.1.2. 2 City of Santa Ana Design Guidelines for Water and Sewer Facilities (March 2017). Found here: http://www.sonto-ano.org/pwo/documents/DesignGuidelines.pdf Fus OE ENGINEERING, INC. 8 I dam I 1 I co N THE WARNER PRCJECT WATER SUPPLY ASSESSMENT AuGu5T 21 , 2020 2.1.2 Proposed Water Use As mentioned, a total of 1,150 units are proposed which consist of studios, one -bedrooms and two -bedrooms units. In addition to residential uses, approximately 80,000 sf of retail and approximately 247,506 SF of landscaping is also proposed as part of the Project. See Figure 3 below for the proposed site plan for the Project. Total Project residential water demands include estimates of both indoor and outdoor water dernands. Indoor water demands include toilet -flushing, showers, baths, dishwashers, washing machines, faucets, and leakage. Outdoor water demands include landscape irrigation estimates. The estimates for residential water demands were developed byfollowirg the Orange County Water Reliability Study by MWDOC. Retail and landscaping water demands were estimated by implementing water demand factors from the City of Santa Ana Design Guidelines for Water and Sewer Facilities (March 2017). Table 3 Proposed Water Demands Land Use Type Project DU or Unit Water Demand Daily Water Usage Annual Water Usage acreage Factor (gpd) (AFY) Residential — Multifamily 1,150 DU 190 gpd/DU' 218,500 244.8 Commercial 1.84 acres 2,500 gpd/acre' 4,591 5.1 Landscaped Areas 5.68 acres 3,000 gpd/acre' 17,046 19.1 TOTAL PROJECT WATER DEMAND 240,137 gpd 269 AFY Notes 1 Municipal Water Districtof Orange County —Orange County Water Reliability Study (December 2016). 2 City of Santo Ana Design Guidelines for Water and Sewer Facilities March 2017). As shown, the proposed Project will have an annual water demand of approximately 269 AFY. This is an increase of approximately 254 AFY as compared to the existing water demands at the Project site. The following sections evaluates the ability for the City to meet the proposed increase in water demands. Note: A 12' existing water main crossing at the northeast corner of the Project site must be relocated to the public right-of-way on Warner Ave and Red Hill Ave. Fu5 OE ENGINEERING, INC. 10 fin,# Sm ]AV 83NHVM'� ti � �— , i 0 0 J 999b99Trli 9: � .:9. � 3 v .emu � .emu �•►� tom; �.�LAdk 14 } / � 2® THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AuGu5T 21 , 2020 3. REGIONAL WATER SUPPLIES AND DEMANDS 3.1 CITY WATER SUPPLIES The City's water supply comes from a combination of imported water, local groundwater and recycled water to satisfy water demands. The City purchases these water supplies from Metropolitan Water District of Southern California (Metropolitan) and the Orange County Water District (OCWD). The City is a member agency of Metropolitan and receives imported water from the State Water Project and the Colorado River under agreements with Metropolitan. OCWD manages the Orange County Groundwater Basin ("OC Basin" or "Basin") and provides groundwater resources to the City. The City maintains 444 miles of transmission and distribution mains, nine reservoirs with a storage capacity of 49.3 million gallons, seven pumping stations, 20 wells, and seven imported water connections. The seven imported water connections to the Metropolitan System are described in Table 4 below. Table 4 City of Santa Ana Connections to Metropolitan Facilities MWD Connection Name of Connection Normal Operating Capacity MGD Design Capacity MGD SA-1 Bristol 5.17 6.46 SA-2 First 5.17 9.69 SA-3 McFadden 5.17 6.46 SA-4 Warner 4.85 6.46 SA-5 Alton 4.85 12.93 SA-6 Santa Clara 7.76 12.93 SA-7 Red Hill 4.85 32.31 From 2005-2015, Metropolitan delivered between 3,000 AF or 2.6 MGD (2015, lowest delivery) to 13,000 AF or 1 1 .6 MGD (2005, highest delivery) to the City.' The design capacity of the Metropolitan connections is more than adequate to deliver imported to the City as shown in the table above. The City's Water Utility provides water service within a 27-square mile service area. The service area includes the City of Santa Ana and a small neighborhood in the City of Orange, near Tustin Avenue and Fairhaven by the northeast corner of Santa Ana. See Table 5 which shows the City's recent water supply to satisfy demands from 2015. a 2015 Metropolitan UWMP. Fu5 OE ENGINEERING, INC. 12 THE WARNER PROJECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 Table 5 2015 Projected and Actual Water Supply and Demand (Acre-feet) Land Use Type 2010 UWMP Projected 2015 Demand Actual 2015 Demand Single Family 18,368 14,084 Multi -Family 13,563 10,399 Other CII 15,684 12,025 Landscape 185 147 Total 47,800 36,656 Notes: Source: 2010 and 2015 City of Santa Ana UWMPs As shown in Table 5 above, there was a decrease in water supplied to the City in 2015 as to what was predicted to be delivered in the 2010 UWMP° (47,800 AF) by approximately 23%. This is likely due to Senate Bill (SB) x7-7 which requires the State of California to reduce urban water use by 20% by the year 2020 as described in more detail below. Similarly, the Executive Order mandated by California Governor Edmund "Jerry' Brown in April 2015 in response to the drought that started in 2011 further required a collective reduction in statewide urban water use of 25% which would also reduce Citywide demands. In addition, UWMPs are typically developed in a conservative manner and tend to overestimate future water demands. Currently, 71% of the City's water supply is from OC Basin groundwater, 28% is from Metropolitan imported water and 1 % is from recycled water. The City's water supply portfolio is expected to change slightly to 70% from OC Basin groundwater, 29% from Metropolitan imported water, and 0.7% recycled water by the year 2040 as discussed in more detail throughout this WSA. Additional details on the strategic management of these resources is explained below. OCWD Groundwater The primary source of water for the City is the Orange County Groundwater Basin ("OC Basin") which is managed by the Orange County Water District (OCWD). The OC Basin underlies the north half of Orange County beneath broad lowlands. The OC Basin covers an area of approximately 350 square miles, bordered by the Coyote and Chino Hills to the north, the Santa Ana Mountains to the northeast, the Pacific Ocean to the southwest, and terminates at the Orange County line to the northwest, where its aquifer systems continue into the Central Basin of Los Angeles County. The OC Basin storage capacity is estimated to be 66 million Al", of which only a fraction is available for use to prevent against physical damage to the Basin such as seawater intrusion or land subsidence. To ensure the Basin is not overdrawn, OCWD recharges the Basin with local and imported water. The Basin is recharged primarily by four sources including local rainfall, storm and base flows from the Santa Ana River (SAR), purchased Metropolitan imported water; and highly treated recycled water. Basin recharge occurs largely in the following recharge basins that are located in or adjacent to the City of Anaheim: ° 2010 City of Santa Ana Urban Water Management Plan. Found here: https://water.ca.gov/LegacIFiles/urbanwatermanageinent/2010uwmps/Santa%20Ana %20City%200f/Santa°%2 0Ana°7°20Fi nal%202010%20U WMP. pdf 5 OCWD Groundwater Management Plan 2015 Update. June 17, 2015. FUs OE ENGINEERING, 1C. 13 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 • Warner Basin: A 50-foot-deep recharge basin located next to the SAR at the intersection of the 55 and 91 freeways; • Burris Basin: Located between Lincoln Avenue and Ball Road in the City of Anaheim; • Kraemer Basin: Located adjacent to Burris Pit; • Santiago Creek: Located in the City of Orange between Villa Park Road and E. Bond Avenue. As mentioned above, SB 1262 amended Section 10910 of the Water Code and requires the inclusion of SGMA-related information in WSAs. Specifically, following the SGMA basin prioritization and designations', for a non -adjudicated basin that is designated as high- or medium -priority pursuant to Section 10722.4, information regarding the following must be included: • Whether the department has identified the basin as being subject to critical conditions of overdraft pursuant to Section 12924. • If a groundwater sustainability agency has adopted a groundwater sustainability plan or has an approved alternative, a copy of that alternative or plan. The OC Basin (also referred to as Basin 8-1) has been designated as a medium -priority basin which requires this WSA to address or include information regarding the bullets above. As mentioned, SGMA provides authority for agencies like OCWD to develop and implement Groundwater Sustainability Plans or alternative plans ("Alternatives") that demonstrate the basin has operated within its sustainable yield over a period of at least 10 years. OCWD decided to submit an Alternative for evaluation by the California Department of Water Resources (DWR). An Alternative is required to be submitted to DWR for review no later than January 1, 2017, and every 5 years thereafter. In general, Alternatives must be consistent with one of the following (Water Code §10733.6(b)): • A plan developed pursuant to Part 2.75 (commencing with Section 10750) or other law authorizing groundwater management. • Management pursuant to an adjudication action. • An analysis of basin conditions that demonstrates that the basin has operated within its sustainable yield over a period of at least 10 years. The submission of an alternative described by this paragraph shall include a report prepared by a registered professional engineer or geologist who is licensed by the state and submitted under that engineer's or geologist's seal. OCWD prepared an Alternative that satisfies the third bullet point above to prove the OC Basin has operated within its sustainable yield over a period of at least 10 years. The Basin 8-1 Alternative can be found on OCWD's website. The Alternative states that Basin 8-1 has operated within its sustainable yield for more than 10 years without experiencing significant and unreasonable (1) lowering of groundwater levels, (2) reduction in storage, (3) water quality degradation, (4) seawater intrusion, (5) inelastic land subsidence, or (6) depletions of interconnected surface water that have significant and unreasonable adverse impacts or beneficial uses of the surface water. In addition, Basin 8-1 has not been in conditions of critical ° SGMA Groundwater Information Center Interactive Map Application, found here: https://gis.water.co.gov/opp/gicimo/ FUs OE ENGINEERING, 1NC. 14 THE WARNER PRCLECT WATER SUPPLY AsSESSMENT AUGUST 21 , 2020 overdraft. DWR has one year to evaluate the Basin 8-1 Alterative. The paragraphs below will further explain how OCWD successfully manages the OC Basin to meet these new groundwater monitoring and management requirements. OCWD manages the Basin through the Basin Production Percentage (BPP) which is determined each water year. The BPP is set based on groundwater conditions, availability of imported water supplies, water year precipitation, SAR runoff, and basin management objectives. The BPP represents an established percentage identifying the amount of groundwater all pumpers in the Basin can pump without paying a "pumping tax' or Basin Equity Assessment (BEA) to OCWD. For example, if the BPP is set to 75%, all pumpers within the Basin, including the City, can supply 75% of their water needs from groundwater supplies at a cost significantly less than the cost of imported water. If groundwater production is equal to or less than the BPP (i.e. less than 75% in the example above), all producers within the Basin pay a replenishment assessment (RA fee which is used to fund groundwater replenishment and recharge programs aimed at ensuring the long-term viability and stability of the Basin. If groundwater production is greater than the established BPP for that water year (i.e. greater than 75% in the example above), the BEA is determined for the producer of that amount of groundwater provided in excess of the BPP. The BEA is an additional fee paid on each AF of water pumped above the BPP, making the total cost of that additional water equal to the higher cost of imported water from Metropolitan. According to OCWD's Engineer's Report for fiscal year 2017118, total water demands within the OCWD jurisdiction were 419,477 AF for the 201 7-18 water year. Groundwater production totaled 310,025 AF with supplemental water totaling 227,413 AF. As shown in Table 6 below, the City utilized 35,054.1 AF of water in the 201 7-18 water year. Table 6 City of Santa Ana Groundwater Production Data 2015-I6 Groundwater Supplemental Water (AF) (AF) Actual BPP Groundwater Producer Total Deliveries Conservation Total Grand Non -Irrigation Credit Total Only City of Santa Ana 25,705.3 9,265.4 83.4 9,348.8 35,054.1 73.3% Source: OCWD 2017-18 Engineer's Report Over the recent past, production capability of the Basin has increased as a result of increased wastewater reclamation at the Groundwater Replenishment System (GWRS) located in Fountain Valley. The GWRS, which is designed to turn wastewater into drinking water, is one of the most technologically advanced wastewater treatment plants in the world. Atreatment plant expansion of 30 million gallons per day was recently put on line by OCWD increasing the recharge capacity of the GWRS to 100 million gallons per day. This equates to the recycling of over 1 10,000 AFY of wastewater back into the Basin for future extraction and potable use. A final expansion of the treatment system is being designed to have a capacity of 130 million gallons per day. Expansion projects to the GWRS increase local water supply reliability and ensure low- cost water supplies throughout northern Orange County, including the City of Santa Ana. Fus OE ENGINEERING, INC. 15 THE WARNER PRCLECT WATER SUPPLY AssESSMENT AUGUST 21 , 2020 Metropolitan Imported Water The City of Santa Ana is one of only three retail member agencies of Metropolitan in Orange County. As a member agency, pursuant to the Metropolitan Act, the City has preferential rights to a certain percentage of water delivered to Metropolitan each year primarily from the State Water Project and/or the Colorado River Aqueduct as well as other Metropolitan storage programs. Being a member agency of Metropolitan puts the City in a better position relative to receiving water directly from Metropolitan, as opposed to other agencies in Orange County which obtain their imported Metropolitan water through MWDOC. The main sources of water Metropolitan provides to the City include water from northern California delivered via the State Water Project (SWP) and water from the Colorado River Basin delivered via the Colorado River Aqueduct. More details on these sources of imported water are explained below. Colorado River The Colorado River was Metropolitan's original source of water after Metropolitan's establishment in 1928. Lake Mead and Lake Powell, the two largest reservoirs in the United States, can store four times the annual flow of the Colorado River. River flows are primarily generated from snowpack in the Rocky Mountains. Colorado River water is allocated and delivered to seven states in the US including Colorado, Utah, Wyoming, New Mexico, Arizona, Nevada and California. Mexico also has an allocation of 1.5 million acre-feet (MAE) along the Colorado River each year. California's urban water allocation is managed by Metropolitan and imported from the Colorado River via the Colorado River Aqueduct (CRA) which is stored at Diamond Valley Lake and Lake Mathews in Riverside County. The CRA includes supplies from the implementation of the Quantification Settlement Agreement (QSA) and related agreements to transfer water from agricultural agencies in Imperial County to urban uses throughout Southern California including Los Angeles, Orange County and San Diego. The 2003 QSA enabled California to implement major Colorado River water conservation and transfer programs, stabilizing water supplies for 75 years and reducing the state's demand on the river to its 4.4 MAF entitlement. Colorado River transactions are potentially available to supply additional water up to the CRA capacity of 1.25 MAE on an as -needed basis. California is apportioned the largest allocation on the River of 4.4 MAF of water from the Colorado River each year plus one-half of any surplus that may be available for use collectively in Arizona, California, and Nevada. In addition, California has historically been allowed to use Colorado River water apportioned to but not used by Arizona or Nevada. Metropolitan has a basic entitlement of 550,000 AFY of Colorado River water, plus surplus water up to an additional 662,000 AFY if certain conditions exist. The remainder of California's allocation goes to Imperial County, primarily to the Imperial Irrigation District, and is used mainly for agriculture production. Over the past 19 years (2000-201 8), there have only been three years when the Colorado River flow has been above average! On May 20, 2019, the Department of the Interior, Bureau of Reclamation and representatives from all seven Colorado River Basin states and signed completed drought contingency plans for the Upper and Lower Colorado River basins. These 7 USBR Lake Mead at Hoover Dam Water Elevation Data. Found here: https://usbr.gov/Ic/region/94000/hourly/mead-elv.html Fus OE ENGINEERING, INC. 16 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 completed plans are designed to reduce risks from ongoing drought and protect the single most important water resource in the western United States. In addition to the voluntary reductions and other measures to which the basin states agreed, Mexico has also agreed to participate in additional measures to protect the Colorado River Basin.' State Water Proiect The State Water Project (SWP) collects water from rivers in Northern California and redistributes it to the water -scarce but populous central and southern portions of California through a network of aqueducts, pumping stations and power plants. Approximately 70% of the water provided by the SWP is used for urban areas and industry in Southern California and the San Francisco Bay Area, and 30% is used for irrigation in the Central Valley. The availability of water supplies from the SWP can be highly variable. A wet water year may be followed by a dry water year which restricts the amount of water that can be delivered throughout California. Metropolitan's SWP imported water is stored at Costaic Lake on the western side of Metropolitan's service area and at Silverwood Lake near San Bernardino, as well as in Diamond Valley Lake. The Sacramento -San Joaquin River Delta (Delta) is key to the SWP's ability to deliver water to its agricultural and urban contractors. The Delta faces many challenges concerning its long- term sustainability such as climate change posing a threat of increased variability in floods and droughts. Sea level rise complicates efforts in managing salinity levels and preserving water quality in the Delta to ensure a suitable water supply for urban and agricultural use. Furthermore, other challenges include continued subsidence of Delta islands, many of which are below sea level, and the related threat of a catastrophic levee failure as the water pressure increases, or as a result of a major seismic event. Metropolitan's Board approved a Delta Action Plan in June 2007 that provides a framework for staff to pursue actions with other agencies and stakeholders to build a sustainable Delta and reduce conflicts between water supply conveyance and the environment. The Delta action plan aims to prioritize immediate short-term actions to stabilize the Delta while an ultimate solution is selected, and mid-term steps to maintain the Delta while a long-term solution is implemented. Currently, Metropolitan is working towards addressing three basic elements: Delta ecosystem restoration, water supply conveyance, and flood control protection and storage development. In April 2015, the Brown Administration announced California WaterFix, as well as a separate ecosystem restoration effort called California EcoRestore. Together, the California WaterFix and California EcoRestore will make significant contributions toward achieving the coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The WaterFix is aimed at making physical and operational improvements to the SWP system in the Delta necessary to restore and protect ecosystem health, south -of -Delta SWP water supplies, and water quality. The WaterFix includes the construction of two tunnels up to 150 feet below ground and three new intakes, each with 3,000 cubic -feet per second (cfs) capacity and an average annual yield of 4.9 million acre-feet designed to protect California's water supplies. These proposed upgrades would provide protection against water supply disruption from failure of aging levees due to sea -level rise, earthquakes and flood events. " USBR News Releases. Found here: https://www.usbr.gov/newsroom/newsrelease/detail.cfm2 Record ID=66103 Fus OE ENGINEERING, INC. 1 J THE WARNER PRCLECT WATER SUPPLY AsSESSMENT AUGUST 21 , 2020 Recycled Water The City depends on OCWD for its recycled water supply for non -potable uses such as irrigation. OCWD provided 352 AF of recycled water to the City of Santa Ana in 2015 as part of the Green Acres Project (GAP). OCWD owns and operates the GAP, a water recycling system that provides up to 8,400 AFY of recycled water as an alternate source of water that is mainly delivered to parks, golf courses, greenbelts, cemeteries, and nurseries in the cities of Costa Mesa, Fountain Valley, Newport Beach, in addition to Santa Ana. The City maintains an agreement with OCWD to supply GAP water to customers where available. It is anticipated that recycled water supplied to the City will maintain around 300 AFY through 2040. 3.2 CITY WATER DEMANDS The City's Water Utility provides water service within a 27-square mile service area to a population of approximately 335,299 as of 201 V . The City is almost completely built -out and its population is projected to increase only 0.9% by 2040. Approximately 67% of the City's water demand is residential including single family and multi -family residential units. Commercial land uses, including dedicated landscape, accounts for the remaining 33% of the total demand. The 2015 UWMP" highlighted that water demands throughout the City were 36,656 AF from July 2014 to June 2015. The 2010 UWMP anticipated water demands in 2015 to be much larger at 47,800 AF. As mentioned, the difference is likely because of the mandatory water restrictions from the Governor's Executive Order and the fact that UWMPs are typically developed in a conservative manner and tend to overestimate future water demands. In April 2015 Governor Brown issued an Executive Order as a result of one of the most severe droughts in California's history, requiring a collective reduction in statewide urban water use of 25% by February 2016, with each agency in the state given a specific reduction target by DWR. In response to the Governor's mandate, the City began to track its water wasting prohibition enforcement activities. On June 2, 2015, the City declared a Phase 2 water supply shortage in Resolution No. 2015-025 by formally requiring all water consumers to reduce use by 12% relative to their 2013 consumption. Additionally, on August 4, 2015, a water wasting penalty rate was established by Resolution No. 2015-047. This new penalty rate permits City staff to penalize those users not meeting their water use reduction targets of 12%. The City of Santa Ana as a whole met its State mandated target; and as a result the City did not have to impose any monetary penalties on any of its users. As of April 7, 2017, Governor Brown ended the drought State of Emergency in most of California, while maintaining water reporting requirements and prohibitions on wasteful practices such as watering during or right after rainfall." The City continues to promote water use efficiency and currently has a goal to continue to reduce water demands by 3% compared 9 Center of Demographics Research (CDR) at California State University, Fullerton 10 2015 City of Santa Ana Urban Water Management Plan. Found here: https://www.sonta- ano.org/sites/defoult/files/Docuinents/urban water managementpl a n. pdf " SWRCB Water Conservation Portal — Emergency Conservation Regulation, accessed on 10/01 /2019. Found here: http://www.waterboards.co.gov/water issues/programs/conseNation_portal/emergency_ regulation.shtml FUs OE ENGINEERING, INC. 1 S THE WARNER PRCLECT WATER SUPPLY As5ES5MENT AUGUST 21 , 2020 to 2013 consumption. In addition, the City only allows outdoor watering to every other day or Monday, Thursday, and Saturday and only between the hours of 6 PM and 6 AM.12 Such restrictions have significantly reduced water demands throughout California. In addition to these mandated restrictions, cities must follow the Water Conservation Act of 2009, also known as Senate Bill (SB) x7-7. This law required the State of California to reduce urban water use by 20% by the year 2020. The City must determine baseline water use during their baseline period and water use targets for the years 2015 and 2020 to meet the state's water reduction goal. The City's 2015 target was 123 gallons per capita per day (GPCD) and the 2020 target is 116 GPCD. The 2015 UWMP reported that the City has already met both the 2015 and 2020 water use targets with an actual use in 2015 of 83 GPCD. This is likely due to increased conservation as required by the Governor's Executive Order during severe drought conditions throughout California. The City's water demand has been decreasing in recent years due to the combination of the Governor's Executive Order and SBx7-7 goals. The City's water demands are then expected to increase by approximately 8% from 2015 to 2040 as shown in the table below. Table 7 City of Santa Ana Projected Total Water Demands r Wnd ateTe 2015 2020 2025 2030 2035 2040 Dema Potable and Raw Water 36,656 36,678 39,397 39,669 39,658 39,716 Recycled Water 352 320 320 320 320 320 Total Water 37,008 36,998 39,717 39,989 39,978 40,036 Demand Source: 2015 City of Santa Ana UWMP As shown above, it is projected that water demands will increase from 37,008 AF in 2015 to 40,036 AF in year 2040 representing an increase of 3,028 AF. These estimates are approximately 10,000 AF less than what was predicted in the 2010 UWMP further highlighting the conservative nature of UWMP preparation. The 2015 Metropolitan UWMP stated that Metropolitan would be able to meet the demands of its member agencies, including the City of Santa Ana, through 2040. Therefore, imported water demands for the City are projected to be met through the 20-year requirements of SB 610 and beyond. The City of Santa Ana 2015 UWMP also confirmed the ability of the local supplies and the OC Basin to meet the growing demands of the City. The ability for the City to meet these growing demands in multiple climate scenarios is explained in the sections below. 12 City of Santa Ana — Water Conservation Website, accessed 10/01/2019. Found here: https://N w .sonta- ono.org/sites/defoult/files/Documents/Drought Flyer Final_Fng_No Cropinnarks.fucIf FUs OE FNGINEE RI N G, 1NC. 19 THE WARNER PRCJECT WATER SUPPLY As5ES5MENT AUGUST 21 , 2020 4. REGIONAL WATER SUPPLY RELIABILITY The City of Santa Ana currently depends on Metropolitan and local groundwater resources to provide the majority of its water supply. This section provides a description of the ability of Metropolitan, OCWD and the City to ensure that adequate water supplies will be available to satisfy the City's growing water demands including the proposed Project through 2040 during normal, single dry year and multiply dry year scenarios. 4.1 METROPOLITAN WATER DISTRICT REGIONAL WATER SUPPLY RELIABILITY Metropolitan's 2015 Urban Water Management Plan (UWMP) was finalized in June 2016 and has been prepared in compliance with Water Code Sections 10608.36 of SB X7-7 and Sections 10610 through 10656 of the Urban Water Management Planning Act (Act). The information included in the 2015 UWMP represents the most current and available planning projections of supply capability and demand developed through a collaborative process with the member agencies, including the City of Santa Ana, The Act requires reporting agencies to describe their water reliability under a single dry -year, multiple dry -year, and average year conditions, with projected information in five-year increments for 20 years. Metropolitan updates its retail municipal and industrial (M&I) projection periodically based or the release of official regional demographic and economic projections. The projections of retail M&I water demands used in the 2015 UWMP are based on data from the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan/Sustainable Community Strategy (April 2012) and the San Diego Association of Governments (SANDAL) Series 13: 2050 Regional Growth Forecast (October 2013). The projected regional water demand is adjusted to account for water conserved by Best Management Practices from active, code -based, and price -effect conservation. Supply analysis includes Colorado River supplies, SWP supplies and existing and proposed storage programs through Metropolitan's service area. Colorado River Aqueduct (CRA) supplies include supplies that would result from existing and committed programs and from implementation of the Quantification Settlement Agreement (QSA) and related agreements. State Water Project (SWP) supplies are estimated using the 2015 SWP Delivery Capability Report distributed by DWR in July 2015. In regard to storage, Metropolitan assumed 2015 storage levels at the start of simulation and used the median storage levels going into each of the five- year increments based on the balances of supplies and demands. See Table 8 below showing Metropolitan's ability to meet growing demands in normal, single -dry and multiple -dry year climate scenarios. Fus OE ENGINEERING, INC. 20 THE WARNER PROJECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 Table 8 Metropolitan Multiple Climate Scenario Water Supply Capability and Projected Demands Comparison from 2020-2040 (AF) Forecast Year 2020 1 2025 2030 2035 2040 Normal Year Capability of Current Supply 3,448,000 3,550,000 3,658,000 3,788,000 3,824,000 Total Demands 1,860,000 1,918,000 1,959,000 2,008,000 2,047,000 Supply Programs Under Development 63,000 100,000 386,000 428,000 468,000 Total Potential Surplus 1,651,000 1,732,000 2,085,000 2,208,000 2,245,000 Single -Dry Year Capability of Current Supply 2,584,000 2,686,000 2,775,000 2,905,000 2,941,000 Total Demands 2,005,000 2,066,000 2,108,000 2,160,000 2,201,000 Supply Programs Under Development 63,000 100,000 316,000 358,000 398,000 Total Potential Surplus 642,000 720,000 983,000 1,103,000 1,138,000 Multiple -Dry Year Capability of Current Supply 2,103,000 2,154,000 2,190,000 2,242,000 2,260,000 Total Demands 2,001,000 2,118,000 2,171,000 2,216,000 2,258,000 Supply Programs Under Develo ment 43,000 80,000 204,000 245,000 286,000 Total Potential Surplus 145,000 116,000 223,000 271,000 288,000 Source: 2015 Metropolitan UWMP The findings of the 2015 Metropolitan UWMP highlight that Metropolitan has supply capabilities that would be sufficient to meet expected demands from 2020 through 2040 under the normal, single dry -year and multiple dry -year conditions. Metropolitan also has proposed programs in place to ensure against water shortages in the future. These programs include projects along the California Aqueduct and the Colorado River Aqueduct in addition to demand reduction projects. In all climate scenarios, Metropolitan estimates potential surpluses in water supply through 2040. The Metropolitan 2015 UWMP was made public in early 2016 and shared with Metropolitan's member agencies. Once these findings were finalized, the Metropolitan member agencies could conclude their own 2015 UWMP findings. The City of Santa Ana published their 2015 UWMP in April 2016 after determining Metropolitan would be able to meet the City's imported water demands through 2040. The City of Santa Ana and OCWD local water supply reliability is summarized below. 4.2 OCWD AND CITY OF SANTA ANA LOCAL WATER SUPPLY RELIABILITY Like Metropolitan, the City of Santa Ana is also required to assess the reliability of their water service to its customers under normal, single -dry and multiple -dry water years. As mentioned the City depends on a combination of imported water from Metropolitan and local groundwater supplies to meet its water demands. The City has taken numerous steps to ensure it has adequate supplies to provide for growing demands. Fu5 OE ENGINEERING, INC. 21 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 The City has several water demand reduction requirements and resources on their website that informs its customers on how to save water. Some of the main requirements are summarized below: • Residential o Mandatory 3% reduction in water use compared to usage during the same billing period in 2013. o Outdoor watering is restricted to no more than every other day or Mondays, Thursdays and Saturdays, and only between the hours of 6 p.m. and 6 a.m.* o Leaks must be repaired within 48 hours of notification by the City. o No washing down sidewalks or driveways. o No excessive water flow or runoff that causes water to flow onto an adjoining sidewalk, driveway, street, alley, gutter or ditch. o No washing vehicles with a hose, unless the hose is fitted with a shut-off nozzle. o No operating a fountain or decorative water feature, unless the water is part of a recirculating system. o No outdoor watering during and 48 hours following measurable rainfall. • Businesses o Restaurants, cafes and bars can only serve water to customers on request. o Hotels and motels must prominently display a notice providing guests with the option of choosing not to have towels and linens laundered daily. In addition, landscape policies have also been modified to allow drought tolerate landscape throughout the City (see Appendix B). These programs have been successful in reducing water demands throughout the City's service area. OCWD is also taking strides to ensure local water supplies will meet growing demands now and into the future. As mentioned, OCWD manages the City's groundwater supply and the entire OC Basin utilizing the BPP approach. In 2013, OCWD's Board of Directors adopted a policy to establish a stable BPP with the intention to work toward achieving and maintaining a 75 percent BPP by FY 2015-16. Although BPP is set at 75 percent, based on discussions with OCWD a conservative BPP of 70 percent is assumed through 2040 for supply projection analysis in the City's 2015 UWMP. Principles of this policy include: OCWD's goal is to achieve a stable 75 percent BPP, while maintaining the some process of setting the BPP on an annual basis (BPP will be set in April of each year after a public hearing has been held and based upon the public hearing testimony, presented data, and reports provided at that time). OCWD's transition to the 75 percent BPP was due to construction of the GWRS Initial Expansion Project, which was completed in 2015. This expansion provided an additional 31 ,000 AFY of water for recharging the groundwater basin. OCWD must manage the OC Basin in a sustainable manner for future generations. The BPP will be reduced if future conditions warrant the change. Fus OE ENGINEERING, INC. 22 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 • Each project and program to achieve the 75 percent BPP goal will be reviewed individually and assessed for their economic viability. The BPP goals mentioned above coincide with other management strategies as shown in OCWD's Long Term Facilities Plan (LTFP), the 2015 Groundwater Management Plan and the 2020 Water Master Plan Report. These documents highlight OCWD's plans to ensure groundwater supply will be available into the future to support growing demands of its service area. As shown in Table 9 below, the City's available supply, including groundwater and Metropolitan imported water, will meet projected demand during normal, single dry and multiple dry years. For the City's 2015 UWMP, the normal dry year was selected as the City's 2015 demand. A single -dry year is defined as a single year of no to minimal rainfall within a period that average precipitation is expected to occur. The City has documented that it is 100% reliable for single dry year demands from 2020 through 2040 with a demand increase of 6% using FY 2013-14 as the single dry -year. Multiple -dry years are defined as three or more years with minimal rainfall within a period of average precipitation. The City is capable of meeting all customers' demands with significant reserves held by Metropolitan, local groundwater supplies, and conservation in multiple dry years from 2020 through 2040 with a demand increase of 6% using FY 201 1-12 through FY 2013-14 as the driest years. Table 9 City of Santa Ana Multiple Climate Scenario Water Supply and Demand Comparison from 2020-2040 (AF) Forecast Year 2020 12025 2030 2035 2040 Normal Year Supply totals 36,998 39,717 39,989 39,978 40,036 Demand totals 36,998 39,717 39,989 39,978 40,036 Single -Dry Year Supply totals 39,218 42,100 42,388 42,377 42,438 Demand totals 39,218 42,100 42,388 42,377 42,438 Multiple -Dry Year First year Supply totals 39,218 42,100 42,388 42,377 42,438 Demand totals 39,218 42,100 42,388 42,377 42,438 Second year Supply totals 39,218 42,100 42,388 42,377 42,438 Demand totals 39,218 42,100 42,388 42,377 42,438 Third year Supply totals 39,218 42,100 42,388 42,377 42,438 Demand totals 39,218 42,100 42,388 42,377 42,438 Source: 2015 City of Santa Ana UWMP FUS OE ENGINEERING, INC. 23 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 As shown in Table 9 above, in all climate scenarios analyzed in the 2015 UWMP, available water supplies are projected to meet demands. Reliability of local water supplies will be ensured through continued implementation of the OCWD Groundwater Management Plan, OCWD's LTFP, and the combined efforts and programs among member agencies of Metropolitan. The City closely monitors development throughout the City to ensure water supplies will meet growing demand. The City has a log of all developments that have required a WSA and track the increases in water demands from these projects. These projects are listed below: • Civic Center Facilities Project WSA (November 2016) Elan Apartments Project WSA (November 201 7) • MainPlace Mall Project WSA (April 201 9) • 4`h and Cabrillo Project WSA (August 2020) The Warner Project has been added to the City's list of proposed developments. The Project is anticipated to be constructed and operational in 2023. As shown in Table 10 below, the City is able to provide water supply to satisfy these additional projects including the Warner Project. Fus OE ENGINEERING, INC. 24 t N M Ln M of M N O p O N (V O M m W p n P V m O N ui ni a - co rn m N M N M o: co rn m N M LO N M N U ro M M n P n W P M V CJ N M N P O M ON N N N c Q D O O O O a- O I � V Q C 'NO a E ` a y H o "yy m O V o N o_ a �O a o o v o c •.. 0� uN `V u ti O a c Q N c � 6 ¢ c p E G a o a E v .� o a o v 3 C o v E E .� -� o a e n o a v o o N `n h a o _O o 0 o a` O v o 01 o¢ u° > > > > m O N Q O u S= a s c a Q a m m O a� ❑ a a a c N u C 2 U �' c .0 o —a —a U o b a o 0 0 E E E E c o n a- c E m m m m o E❑ >> c o c E u N N lV� u cui u v U1 O W o u i ti L _c F- q - v -m I—C s F- c U u Q< `o ,n m THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 As shown above, the UWMP and City water planning identifies sufficient water supplies to serve the Project in addition to other planned projects through 2040. As the project will not be constructed and operational until 2023, it has been confirmed by City staff that 2040 City supply and demand projections are accurate through 2042 and adequate supply will be available to support the Project for the required 20-year horizon.13 As shown above, based on the City's internal tracking sheet of UWMP supplies/demands and additional demands from the proposed projects with WSAs, a small deficit of 391 AF (approximately 1 % of total demands) is projected for the year 2020. However, as the Project will not be constructed until after 2020, there will be no additional deficit. In addition, as mentioned throughout this WSA, UWMPs are conservative in nature and tend to overpredict demand as described in Section 3.1 and Table 5. As confirmed by the City's Water Utility department, the deficits shown in Table 10 during the year 2020 would not occur due to the substantial decrease in demand over the past several years. '' Personal communication with City's Water Utility department on 10/02/2019. FUS OE FNGINEE RING, INC. 26 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 5. CONCLUSION The City of Santa Ana depends on local and regional water supplies from Metropolitan to satisfy growing demands. OCWD has managed the OC Basin for over 75 years and has plans to sustainably manage the groundwater system through 2040 under the new California SGMA policies and guidelines. Metropolitan has stated in its 2015 UWMP that its water supply portfolio will be able to satisfy regional growth and water demands through 2040. The some findings were concluded in the City of Santa Ana 2015 UWMP as both Metropolitan and groundwater supplies are projected to meet future water demands. The 2015 City UWMP projected that water demands would grow from 37,008 AF in 2015 to 40,036 AF in 2040. Over the past several years, actual demand has substantially decreased due to local conservation and regional drought management regulations. Therefore, like most UWMPs, the 2015 City UWMP is conservative with projections of water supplies needed to satisfy demands through 2040. 2015 UWMP incorporates regional growth projections from CDR in order to determine future water demands. Projects like the Warner are included in these regional projections of future population growth and are tracked by the City. The proposed Project will demand approximately 269 AF per year (an increase of approximately 254 AF per year as compared to existing water demands which is well within the planned water supplies needed in the future in the City of Santa Ana. Therefore, this WSA is able to conclude adequate supplies are available to provide for the demands of the proposed Project as well as other service area demands within the City of Santa Ana. FUs OE ENGINEERING, INC. 27 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 6. REFERENCES 2010 City of Santa Ana Urban Water Management Plan. 2012 USBR Colorado River Basin Water Supply and Demand Study 2015 Metropolitan of Southern California Urban Water Management Plan 2015 City of Santa Ana Urban Water Management Plan Center of Demographics Research (CDR) at California State University, Fullerton City of Santa Ana — Water Conservation Website, accessed 10/01 /2019. City of Santa Ana Design Guidelines for Water and Sewer Facilities (March 2017). Found here: https://www.sonto- ana.org/sites/default/files/Documents/DesigrGuidel ines_O.pdf OCWD Groundwater Management Plan 2015 Update. June 17, 2015 OCWD Engineer's Report, 2017118, February 2019 Senate Bill No. 1262, CHAPTER 594, found here: http://leginfo.legislature.ca.gov/faces/biIITextClient.xhtml?bill_id=201520160SB 126 2 SGMA Groundwater Information Center Interactive Map Application, found here: https://gis.water.ca.gov/opp/gicima/ SWRCB Water Conservation Portal — Emergency Conservation Regulation, accessed on 09/06/2017. Found here: http://www.waterboards.co.gov/water issues/programs/conservatior_portaI/emergen cy_regulation.shtml FUS OE ENGINEERING, 1NC. 28 THE WARNER PRCLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 7. TECHNICAL APPENDICES Appendix A — Proposed Project Water Demand Calculations Appendix B — Landscape Water Efficiency Ordinance No. 6355 FUS CE ENGINEERING, 1NC. 29 THE WARNER PRGLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 APPENDIX A PROPOSED PROJECT WATER DEMAND CALCULATIONS EUS OE ENGINEERING, INC. 30 Land Use Type unit count unit unit count unit Unit Water Demand"" Water Demand Water Demand (gpd) AF Residential 1,150 DU 190 gpd/du 218,500 244.8 Retail 80,000 SF 1.84 AC 2500glad/acre 4,591 5.1 Landscaping 247,506 SF 5.68 AC 3000 gpd/acre 17,046 19.1 TOTAL 240,137 269.0 Notes 'Residential water demand duty factor of 190 gpd/DU is from IAWDOC's Orange County Water Reliability Study. LNon-residential water demand factors are from City's Design Guidelines for Water and Sewer Facilities City Council 21 — 36 7/20/2021 THE WARNER PRGLECT WATER SUPPLY ASSESSMENT AUGUST 21 , 2020 APPENDIX B CITY OF SANTA ANA LANDSCAPE GUIDELINES EUS OE ENGINEERING, INC. 31 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box CALIFORNIA FRIENDLY C Santa Ana,, CA 92702 2702 (714)647-5804 LANDSCAPE GUIDELINES www.santa-ana.org In response to the extreme drought conditions throughout California, and the drought State of Emergency declared by the Governor in 2014, landscape policies have been modified to allow drought tolerant landscape throughout the city. The following are the Planning Division policy guidelines for required landscape planting and "ground cover' on private property: 1. 100% of the required landscape for private property MUST be covered with materials such as plants, compost and mulch, and permeable "hardscape' — with the exception of approved driveways and walkways. Refer to property zoning district for minimum of trees and shrubs. httl)://www.ci.santa-ana.ca.us/pba/planninq/Zonin,Documents.asp 2. Plant material must cover at least 65% of the required landscape area. a. The Landscape Plan MUST be designed such that it can reasonably be assumed that at least 65% of the site will be covered with plant material by the time the plants are mature, or within two years, whichever is sooner. This determination will be made at the sole discretion of Planning and Building Agency staff. Synthetic turf may be installed, provided it does not exceed 50% of the area designated as plant material for the yard. For more details on synthetic turf landscape plan requirement see http://wvvw.santa-ana.Orq/Pba/planning/documents/Synthetic turf standards.pdf b. Plant material is to be dispersed throughout the landscape area. 3. Permeable hardscape may cover no more than 35% of the required landscape area. a. Permeable hardscape may include pavers and brick set on a bed of sand, where no mortar or grout has been used. b. If not covered by permeable hardscape or plant material, landscape must be completely covered by at least a two-inch layer of mulch. Acceptable mulch includes compost, bark and other organic material. There can be no bare soil or installation of non -permeable (material water cannot easily penetrate) hardscape such as a concrete patio or walkway. c. Permeable hardscape adjacent to approve driveways shall not be used for parking of vehicles. Permeable hardscape is to no greater than two percent slope to allow for draining of water into the soil. 4. All plant materials selected from these two websites (LA Coastal Gardens and www.bewaterwise.com) are acceptable drought tolerant plants. 5. Irrigation systems should also be adjusted to be water efficient through best practices (drip irrigation, bubblers, etc.) Additional information and a variety of resources for creating and maintaining a California Friendly garden are available at httl)://www.santa-ana.orci/SAwatersmart/. For more information about landscaping your parkway, is please see the "Quick Links' for the Parkway Improvement Guidelines. City Council 21 — 38 7/20/2021 _I:ALandscapcACA Friendly Landscape Guideline VIay272015REV.doc Sample of landscape planting and permeable hardscape O I ' ' CLw�:0�4t 1 ]i •.d � I � � r� ��� � Y i r M„' O Landscape Plants (65% minimum) r ® Permeable Hardscape (35% maximum) Single Family Residences (R1 zoning district) requires: 20 feet landscape setback for front yard; to include one 24-inch box canopy tree, six 5-gallon shrubs, ten 1-gallon shrubs (SAMC 41-240) and "ground cover" (per 2014 City California Friendly Landscape Guideline). A five feet landscape setback is also required for side yards, with the exception of approved walkway or driveway. 20 Feet City Council 21 — 39 7/20/2021 M:ALandseapeACA Friendly Landscape Guideline VIay272015REV.doc jmf 7/14/21 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE WATER SUPPLY ASSESSMENT FOR THE PROPOSED WARNER REDHILL MIXED USE DEVELOPMENT PROJECT WHEREAS, in accordance with California Water Code Sections 10910, 10912(a)(1), and 10912(a)(6), any development that is proposing a residential development of more than 500 dwelling units requires the preparation and approval of a water supply assessment; and WHEREAS, the proposed Warner Redhill Mixed Use Development Project, formerly known as The Bowery Project, located at the intersection of Red Hill Avenue and Warner Avenue, is proposing development of 1,150 residential dwelling units and also 80,000 square feet of retail space; and WHEREAS, the proposed Warner Redhill Mixed Use Development Project therefore requires the preparation and approval of a water supply assessment pursuant to California Water Code Sections 10910 and 10912; and WHEREAS, the City of Santa Ana is the public water system that will supply water to the proposed Warner Redhill Mixed Use Development Project; and WHEREAS, the City has prepared and filed its 2020 Urban Water Management Plan, though separate review of water supply sufficiency is required under the above - referenced state law for large projects like this; and WHEREAS, the Water Supply Assessment for the Warner Redhill Mixed Use Development Project has been prepared; and WHEREAS, the findings from the Water Supply Assessment prepared for the Warner Redhill Mixed Use Development Project show that there is sufficient water supply available for the proposed Warner Redhill Mixed Use Development Project during normal, single -dry, and multiple dry years within a 20-year projection to meet the projected water demand of the Project in addition to other future service area demands in the City of Santa Ana. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Water Supply Assessment for the Warner Redhill Mixed Use Development Project is hereby approved, a copy of which is attached as Exhibit A and will be on file at the offices of the Public Works Agency of the City for public inspection. Resolution No. 2021-XXX City Council 21 — 40 7/2CV2021 of 3 jmf 7/14/21 Section 2. Approval of the Water Supply Assessment by the City does not constitute a "will -serve" or in any way entitles the Warner Redhill Mixed Use Development Project to water service or to any right, priority or allocation in any supply, capacity or facility. Section 3. Approval of the Water Supply Assessment shall not affect the City of Santa Ana's obligation to provide service to its existing customers or any potential future customers, including this Warner Redhill Mixed Use Development Project. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 7g, .. ohn M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2021-XXX City Council 21 — 41 7/2CV%023 of 3 jmf 7/14/21 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 21 — 42 7i2CV2Ki of 3 Community Development Agency www.santa-ana.org/cd Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Approve a Shelter Budget for Furnishings, Fixtures and Equipment AGENDA TITLE: Approve a Shelter Budget for Furnishing, Fixtures and Equipment in an Amount not to exceed $1,000,000 for One -Time Purchases (Non -General Fund) RECOMMENDED ACTION Approve a shelter budget for furnishings, fixtures and equipment in an amount not to exceed $1,000,000, in one-time direct purchases with various vendors, and approve for the purchasing department to utilize cooperative contracts and employ other practical procurements methods to ensure the shelter is fully equipped and furnished by the opening date, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In October of 2019, the City Council authorized the City Manager to execute a settlement agreement with the Orange County Catholic Worker, to resolve claims pertaining to homelessness in United States District Court Case No, SACV 18-0155-DOC (JDE). This action by the City Council followed the federal lawsuit that was filed by the Orange County Catholic Worker to halt efforts by the County of Orange to remove homeless encampments along the Santa Ana Riverbed and prevent neighboring cities from citing or arresting those individuals who violated local ordinances prohibiting camping in public areas. The settlement agreement acknowledged that the City currently operated the Link shelter and intended to establish a new shelter with 200-250 beds to replace the Link shelter. In March, 2021, City Council approved a 15-year Lease Agreement with Dyer 18 LLC for a 29,503 square -foot industrial building located at 1815 Carnegie Avenue for a homeless navigation center to replace the Link shelter. The agreement included building/tenant improvements and the option to purchase the building in Year Two. The estimated opening date of the navigation center is November, 2021. Selected furnishings, fixtures and equipment outside of tenant improvements should be ordered at this time to meet the projected date. City Council 22 — 1 7/20/2021 Approve a Shelter Budget for Furnishings, Fixtures and Equipment July 20, 2021 Page 2 While many of the furnishings used at the temporary Link shelter are expected to be re- used at the new shelter, there are additional items that have been added to accommodate a permanent shelter. Unlike the Link shelter, the Carnegie shelter will be furnished with a full commercial kitchen, and will be able to not only provide meals on -site for clients, but will also stimulate the development of workforce opportunities in kitchen skills. The kitchen design (including equipment) was submitted, reviewed and has been approved by the Health Department. Other purchases include two dozen new beds for the second floor, new mattresses, a commercial grade washer and dryer to augment current equipment, office, healthcare and sitting room furniture as well as a children's homework area. A robust security system will be incorporated throughout the building and outdoor area to provide staff and clients safety at all times. The backyard of the building will encompass client lockers, sitting areas, a children's play area, and dog runs and kennels to allow clients the opportunity to engage in brief off -site appointments. Should damage to the furnishings have occurred during the move from the Link shelter into the storage containers and in transport to the Carnegie shelter, replacements will also need to be ordered. This contingency is built into the not to exceed amount. FISCAL IMPACT The amount shown below is available for one-time furnishings, fixtures and equipment. Fiscal Accounting Fund Accounting Amount Year Unit -Account Description Unit, Account Description FY 21-22 41718820-66400 Inclusionary Inclusionary $1,000,000 Housing Fund Total $1,000,000 Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 22 — 2 7/20/2021 Planning and Building Agency www.santa-ana.org/pb Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 City Council Staff Report July 20, 2021 Topic: Street Naming No. 2021-01 (City -initiated) to Rename a Portion of South Lyon Street to South Elk Lane AGENDA TITLE: Street Naming No. 2021-01 to Change the Name of a Segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter Development to South Elk Lane RECOMMENDED ACTION Affirm the Planning Commission's adoption of a resolution approving Street Naming No. 2021-01 to change the name of a segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter development to South Elk Lane. DISCUSSION Background As a follow-up action to a request by the City Council, staff requests that the City Council affirm the Planning Commission's approval of Street Naming No. 2021-01 on June 28, 2021 to change the name of a segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter development to South Elk Lane. Pursuant to Santa Ana Municipal Code (SAMC) Section 33-8, the City Council may affirm the Commission's decision, remand the matter back to the Commission for further consideration, or make its own decision on the matter. Staff is recommending that the City Council affirm the Planning Commission's approval of the subject renaming. The Elks Club has had a presence in Santa Ana since 1902. Its original headquarters, located at 310 North Sycamore Street, served the Local 794 for almost 60 years. In the 1960s, the Elks Club purchased a site at 212 South Elk Lane (also known as 1660 East First Street), where it constructed a new 40,000-square foot building. That structure served the Elks Club for over 50 years until the site was sold for redevelopment. In 2019, the Santa Ana Elks Club relocated to a new headquarters, constructed at 1751 South Lyon Street and which has been in operation until today. Throughout its 119-year history in Santa Ana, the Elks Club has had a strong community service presence in Santa Ana, contributing to civic engagement, charity, education scholarships, and community service for Santa Ana residents and the broader Orange City Council 23 — 1 7/20/2021 Street Naming No. 2021-01 to Rename a Portion of South Lyon Street to South Elk Lane July 20, 2021 Page 2 County community. Nationally, the Elks Club spends over $80 million annually in such forms of charitable contribution and community engagement. Sections 33-5 and 33-6 of the Municipal Code govern the naming of streets and public facilities, including parks, park playgrounds and other recreational facilities. The code includes guidelines for the naming of streets and public facilities and identifies policy guidelines for the naming of streets. In general, the naming of streets should consider: 1. A name which serves to identify the location of the subject area. 2. A name which references the history of the site or area. 3. A name which identifies a person or family which made extraordinary donation of land or funds to promote the improvement of the public facility. 4. A name which recognizes a person or family who made a significant contribution to the wellbeing of the city, including city council, commissioners, officers and employees of the city, but not anyone who currently holds such position. Request Analysis Based on the guidelines established in the Municipal Code and in consideration of what would best identify the street, the following analysis was considered for the street renaming: 1. Existing Name: • Currently, the subject roadway is named South Lyon Street. 2. Proposed Name: • South Elk Lane will replace South Lyon Street as the name of the existing South Lyon Street segment between East Edinger Avenue and East Saint Andrew Place. • South Elk Lane is intended to commemorate the Santa Ana Elks Club, which has had a presence in Santa Ana for over 119 years. The Elks Club has consistently contributed toward investment in the community, with three distinct and dedicated buildings serving as the Local 794's headquarters since its founding in Santa Ana in 1902. The original headquarters at 310 North Sycamore Street served as headquarters for over 60 years, until the 1960s when the Elks Club constructed a new 40,000-square foot headquarters at 212 South Elk Lane. The Elks Club sold that site for redevelopment in 2018 while embarking on an ambitious project to construct a new 52,000-square foot headquarters at 1751 South Lyon Street, which opened in 2019. • The renaming is consistent with past practice of naming the adjacent roadway after the Elks, as existed on 212 South Elk Lane adjacent to the previous headquarters, between East First Street and East Chestnut Avenue. That roadway will remain as South Elk Lane as well, but with different and non - overlapping address numbers. • The renamed segment will not pose a threat to public health, welfare, or safety and will not create confusion for motorists, emergency responders, and other service providers. The segment is distinctly landscaped and hardscaped within City Council 23 — 2 7/20/2021 Street Naming No. 2021-01 to Rename a Portion of South Lyon Street to South Elk Lane July 20, 2021 Page 3 PacifiCenter (Specific Development No. 69) and will not contain repeating or overlapping address numbers with other segments of Lyon Street or Elk Lane. Lyon Street has applied to the roadway segment since the late 1890s, named after nearby Tustin pioneer George B. Lyon (1806-1890), who owned the land in that portion of the region. Mr. Lyon appears in local records beginning in 1882, when he is believed to have purchased large amounts of land in Santa Ana and Tustin following a collapse in property values associated with changes in the railroad industry. The proposed renaming would only affect a small segment of South Lyon Street and would leave other portions of Lyon Street north of the affected segment intact. In early 2021, Exalted Ruler Lisa Darmousseh of the Local 794 initiated public outreach to affected property owners through mailers and in -person visits to identify any areas of concern, and to offer financial assistance to property owners affected by the proposed renaming to update any affected records. In addition, the City notified property owners and tenants/occupants affected by the proposed renaming. As of the writing of this report, no areas of concern have been identified by any property owner or tenant/occupant. Based on the above analysis, staff recommends that the City Council affirm the Planning Commission's approval of the renaming of a street segment adjacent to the new Elks Club headquarters as South Elk Lane. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15061 (b)(3). This general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of the renaming of a public street, the general rule exemption is applicable. Categorical Exemption Environmental Review No. 2021-66 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Vicinity Zoning and Aerial View 3. Copy of Planning Commission Notice Submitted By: Minh Thai, Executive Director Approved By: Kristine Ridge, City Manager City Council 23 — 3 7/20/2021 jmf 6/18/21 RESOLUTION NO. 2021-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA TO CHANGE THE NAME OF A SEGMENT OF SOUTH LYON STREET BETWEEN EAST EDINGER AVENUE AND EAST SAINT ANDREW PLACE IN THE PACIFICENTER TO SOUTH ELK LANE 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. The City of Santa Ana is requesting approval of Street Naming No. 2021-01 to change the name of a segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter development to South Elk Lane. B. Street Naming No. 2021-01 came before the Planning Commission on June 28, 2021. C. Pursuant to sections 33-5 through 33-8 of the Santa Ana Municipal Code (SAMC), the Planning Commission is the decision making body for the naming of public streets, subject to confirmation by the City Council. Further, the policy guidelines in the SAMC pertaining to the naming of public streets state that a facility may be named if the name serves to recognize a person who made a distinct, significant contribution to the well-being of the City. D. The Planning Commission held a duly -noticed public hearing on June 28, 2021 to consider Street Naming No. 2021-01. Affected properties, including property owners and tenants, were notified by mail at least 10 days prior to the meeting. E. The Santa Ana Elks Club (Local 794) completed a new headquarters at 1751 South Lyon Street, completed in 2019. F. Since 1902, the Elks Club has had a presence in Santa Ana, contributing to civic engagement, charity, education scholarships, and community service for Santa Ana residents and the broader Orange County community. Originally headquartered at 310 North Sycamore Street, the Elks Club Local 794 relocated to a new headquarters building in the 1960s at 212 South Elk Lane. G. Based on these guidelines, the street name of South Elk Lane has been selected as the new name of a street segment in the PacifiCenter to honor City Council 23 — 4 Resoluf74261/t2Q241-15 Page 1 of 3 jmf 6/18/21 the Santa Ana Elks Club, who recently relocated from their former headquarters at 212 South Elk Lane to a new headquarters at 1751 South Lyon Street. Section 2. In accordance with the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15061(b)(3). This general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of the renaming of a public street, the general rule exemption is applicable. Categorical Exemption Environmental Review No. 2021-66 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana hereby approves Street Naming No. 2021-01 to change the name of a segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter development to South Elk Lane. This decision is based upon the evidence submitted at the above -referenced meeting, which includes, but is not limited to: the Request for Planning Commission Action dated June 28, 2021 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 281h day of June, 2021. AYES: Commissioners: ALDERETE, CALDERON, MCLOUGHLIN, PHAM, RAMOS, WOO (6) NOES: Commissioners: ABSENT: Commissioners: MORRISSEY(1) ABSTENTIONS: Commissioners: MarOAALoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: %. John OV.Funk Sr. Assistant City Attorney eso 1-15 City Council 23 — 5 26 age 2of3 jmf 6/18/21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2021-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 28, 2021. Date: MI U AoyI -Ak R cording Secretary City of Santa Ana City Council 23-6 of 3 City Council 23 — 7 7/20/2021 6/6/2021 SN No. 2021-01, Elk Lane Renaming Street between East Edinger Avenue and East Saint Andrew Place R4 Mi M1 M1 Mi M1 . 0 M1 1: Mi I _U F=M1 Mi J—P r MMM _ �lrlr'rxlL•tvrr ! �+ur y�'�' 'Ilse Santa Ana Boundary M1 Zoning 2anGen3nlry-I—I 4 c ,I=Commm-a eomm.mty Cemm«[oL \Im.em _.I [� G•n•nl c.l I-m ea Sy1-moms appm6 C•mer o Cmmo omm.ni.l coMm«an a.,a.ntol rail Soon M.m SI—t comm«e.l D _ Govemment<m , �'— G3M opm,U—Iml rril hoHssional sinN""'NR-emn MvmPl«p.-I, No,.— so6om-Ap.n eem M1 R«IOem�.lbn so::ft Development Ne. l III Jev.lepm.IN, . 11 Spe[Ru Jw•lopm•nt N.. 1E Sp•nfi[ Jw•lopm•M No. 13 sw[,h Jw•lopm.nl No is I,•[iert O.v.lopmeM No 16 Sp.cN.O ..m mt No 11 ,.:ft O.a.1,m No. 16 P p.[h Dm No IS 6pm[ 0..lopment No v "Im.I Spe[ific J ..I'm.. No 2. Sp.aI Jw.lopm.M No. 31 IN Sp« Jw•lopm•nt N o. Es ;, Sp.[ifi[ J.vlopm.nl No E6 IN Sp.[N. D—lopmenl Na 27 1 1.:. Nevelopmenl No 31 Sp.6la Jevalopmant No. 3' 4.tlk D I.I.Pment No 31 h SpeaM Development No. I5 IS, el SmIa =:pmeI Ne. 36 �I Sm:[ O.v.lopm•M Na. 3S dSNc[N Dwmopm•nl No 3S iJ ' Sp.[i6[ D—opm•M No. So•[i(. D-Nopm•M No M PIII Jwaopme t No e1 S —. D—lopmem No e2 '1.' fl Sped(c Development No.H A IN :.1 D—I.pm-t No.M Sp. R 1-1.pm.mt No..6 IS 7 Sp•,MD p nl Na <B Sp. ( J INa.9 C 2- Mi M1 Mi 1 Mi lla �- • r tvn.: 4 --C` � IL M1 'M (/D � I c j 5D69 1 —0 69 3 oM1 �' 1 1 I — M1 �I C 1 M1 M1 M1 .N. 626 feet r A� /icinity Zoning and Aerial View City Council 23 - 8 7/20/2021 z Jwl nlnital Man Pi-M urtc All rinhtc racarvad_ https://apps.spatialstream.com/landvision/production/CurrentBuild/Html/printpreview. html 1 /1 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PLANNING COMMISSION MEETING Planning Commission Action: The Planning Commission will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: Segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter development. Project Applicant: The City of Santa Ana Proposed Project: The City is requesting approval of Street Naming No. 2021-01 to change the name of a segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place to South Elk Lane Environmental Impact: The Planning Commission will consider a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15601 (b)(3) of the CEQA Guidelines — General Rule. Notice of Exemption, Environmental Review No. 2021- 66 will be filed for this project. Meeting Details: This matter will be considered on Monday, June 28, 2021 at 5:30 p.m. In light of COVID-19, this meeting will be conducted in a virtual environment. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.orq/pb/meeting-particpation. Written Comments: If you are unable to participate in the virtual meeting, you may send written comments by e-mail to PBAeComments(asanta-ana.org (reference the Agenda Item # in the subject line) or mail to Sarah Bernal, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 5:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed matter, including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: www.santa-ana.org/cc/city-meetings Who To Contact For Questions: Should you have any questions, please contact Ali Pezeshkpour with the Planning and Building Agency at APezeshkpour(a)santa-ana.org. Si tiene preguntas en espanol, favor de Ilamar a Narcedalia Perez al (714) 667-2260. Neu can lien lac bang tie-ng Viet, An dign thoai cho Tony Lai so (714) 565-2627. City Council 23 — 9 7/20/2021 5009 RADIUS NOTIFICATION MAP City Council 23 — 10 7/20/2021 Public Works Agency www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: School Crossing Guard Agreement AGENDA TITLE Approve an Agreement with All City Management Services, Inc. for the School Crossing Guard Program for Either up to a Two-year Term in an Amount Not to Exceed $2,593,334, or up to a Five -Year Term in an Amount Not to Exceed $6,869,996 (General Fund) RECOMMENDED ACTION Approve one of the two options below: Option 1: Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the amount of $2,357,576 with a 10 percent contingency of $235,758, for a total amount not to exceed $2,593,334 for a one-year term beginning July 20, 2021 and expiring July 19, 2022, with an option for a one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. Option 2: Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the amount of $6,245,451 with a 10 percent contingency of $624,545, for a total amount not to exceed $6,869,996 for a one-year term beginning July 20, 2021 and expiring July 19, 2022, with options for four, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The School Crossing Guard Services Program (Program) serves three school districts, which includes 35 schools, and dispatches approximately 50 crossing guards throughout the City. During 2020, the Program was reduced due to a decrease in student traffic. It will return to full service in FY 2021-2022 as schools re -open for in -person instruction. The Program was recently transferred to the Public Works Agency, and in November 2020, Public Works issued a Request for Proposals (RFP) for school crossing guard services (Exhibit 1). Five vendors submitted proposals, which were evaluated by a rating panel and ranked based on the criteria included in the RFP. The results are summarized below. City Council 24 — 1 7/20/2021 Approve School Crossing Guard Agreement July 20, 2021 Page 2 COMPANY RANK All City Management Services, Inc. 1 American Guard Services 2 Command Int'I Security Services 3 CEED Security 4 Alltech Industries, Inc. 5 The proposal submitted by All City Management Services, Inc. (ACMS) is ranked highest, is responsive to the criteria, and meets the City's requirements. ACMS has provided crossing guard services to the City of Santa Ana since 2013 and has a proven record of professional, consistent service provision. As such, staff recommends awarding the agreement to ACMS (Exhibit 2). This item was first presented to the City Council on June 15, 2021 and included a three- year term with two, one-year extensions. The City Council directed staff to look at alternative short-term flexible contract options which would allow the City to work with the surrounding school districts to jointly fund the School Crossing Guard Program. As funding becomes available from the school districts, the cost of this program would be partially paid for by the City and the School Districts. Staff proposes two options. Option 1: a one-year term with one, one-year extension for a total amount not to exceed $2,593,334. Option 2: a one year term with four, one-year extensions for a total amount not to exceed $6,869,996. Due to the importance of providing crossing guard services to Santa Ana school children, staff recommends option two as it allows the crossing guard contract to proceed and service to commence at the start of the upcoming school year while funding issues are resolved. In the event coordination with the school districts extends past the upcoming school year, option two provides a longer, flexible contract that has an optional renewal every year and can be terminated anytime with a 30-day notice to the provider. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The FY21-22 General Fund budget includes $820,980 for the School Crossing Guard Services Program. The proposed contract exceeds budgeted funding. To make up the $466,626 funding shortfall for FY21-22, staff will request a carryforward of any unspent FY20-21 appropriations and re -assess the budget at Mid -year. Beginning in FY22-23, the General Fund budget for this contract will need to increase by $0.5 million to maintain City Council 24 — 2 7/20/2021 Approve School Crossing Guard Agreement July 20, 2021 Page 3 the increased in cost for providing the service. If services are reduced due to lack of funding, rates will need to be renegotiated as there are significant fixed costs. The table below summaries expected contract expenditures by fiscal year for Option 1. Fiscal Accounting Unit Fund Accounting Unit, Amount Year - Account # Description Account Description Crossing Guard, 2021-22 01117644-62300 General Fund Contract Services— $1,287,606 Professional Optional Extensions Crossing Guard, 2022-23 01117644-62300 General Fund Contract Services— $1,305,728 Professional Total: $2,593,334 The table below summarizes expected contract expenditures by fiscal year for Option 2. Fiscal Accounting Unit Fund Accounting Unit, Amount Year - Account # Description Account Description Crossing Guard, 2021-22 01117644-62300 General Fund Contract Services— $1,287,606 Professional Optional Extensions Crossing Guard, 2022-23 01117644-62300 General Fund Contract Services— $1,305,728 Professional Crossing Guard, 2023-24 01117644-62300 General Fund Contract Services— $1,405,002 Professional Crossing Guard, 2024-25 01117644-62300 General Fund Contract Services— $1,405,002 Professional Crossing Guard, 2025-26 01117644-62300 General Fund Contract Services— $1,466,658 Professional Total: $6,869,996 City Council 24 — 3 7/20/2021 Approve School Crossing Guard Agreement July 20, 2021 Page 4 EXHIBIT(S) 1. Request for Proposal #20-149 2. Agreement with ACMS, Inc. — Option 1 3. Agreement with ACMS, Inc. — Option 2 Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 24 — 4 7/20/2021 REQUEST FOR PROPOSALS (RFP) FOR CROSSING GUARD SERVICES RFP NO.: 20-149 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 ZDENEK "ZED" KEKULA Project Manager (714) 647-5653 Office wegalvez a,santa-ana.org for Release: Edwin City Engineer Public Works Agency KEY RFP DATES (Subject to change at discretion of City): Issue Date: November 24, 2020 Deadline for Requests for Information: December 17, 2020 Proposal Due Date: January 21, 2021 Projected Award Date: March 2, 2020 City Council 24 — 5 7/20/2021 NOTICE INVITING PROPOSALS NOTICE 1S HEREBY GIVEN that proposals will be received from qualified fines to provide adult crossing guard services to aide primarily school children of our community as they wall: to and from school. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than JANUARY 21, 2020 at 5:00 p.m. Proposals received after this date/thee will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR CROSSING GUARD SERVICES RFP NO.20-149 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Ann.: ZDENEK "ZED" KEKULA Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids and Section I - Introduction/Program Description in this RFP. All notifications, requests for information, updates and addenda will be posted miline on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City Council City of Santa Ana W2(6149 7/20/2021 Page 2 TABLE OF CONTENTS 1. INTRODUCTION / PROGRAM DESCRIPTION 4 IL INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. FIRM RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING 1. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS 6 IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 11 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF SERVICES & CROSSING GUARD LOCATIONS ATTACHMENT 2: FEE PROPOSAL FORM ATTACHMENT 3: STANDARD AGREEMENT ATTACHMENT 4: CERTIFICATIONS City Council City of Santa Ana Y4� 2(�149 7/20/2021 Page 3 I. INTRODUCTION / PROGRAM DESCRIPTION Nature of Work: The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana. The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. Number of Proposals and Signature: Three (3) hard copies are required to accompany an electronic submittal of the complete proposal package on P1anetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company The Statement of Qualifications, detailed in this RFP under Section 111, shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits and/or attachments shall be maximum size of 11 inches x 17 inches. Proposal Evaluation and Rating: The criteria for evaluating the SOQ submitted will take the following items into consideration: o Overall understanding 20% o Qualifications and experience 20% o Supervisory personnel's qualifications, experience, time commitment 20% o Overall quality of the proposal 20% o References 20% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City Council City of Santa Ana Y4� 2W149 7/20/2021 Page 4 Term of the Contract: The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option to extend the contract one additional two—year term. This term will be specified outlined in the Agreement. A copy of the Standard Consultant Agreement is provided in the Appendix, Attachment 3, of this RFP. City Council City of Santa Ana Y4� 2@j149 7/20/2021 Page 5 II. A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment and financial arrangement for all charges related to the contract. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. if said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. Additional financial capacity information, if any, is identified in the Scope of Services — Attachment 1. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar da, prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetB ids at htt2s://www.planetbids.com/portal/portal.cfm?CompanyID-20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Services. City Council City of Santa Ana W2t}649 7/20/2021 Page 6 F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Services - Attachment 1 within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this REP. The meeting will include discussion of the scope of services and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this REP, as described above in "Section D: Addenda." 1. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this REP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the REP process or staff determination. Such writing shall be consideredby the City Manager or her designated representative, and may be acted upon within five (5) business days. if no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written City Council City of Santa Ana Y4� 2L}j49 7/20/2021 Page 7 concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. M. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: REP SECTION 1- INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF QUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 3 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devotedto this project. The project manager/principal agent shall be the primary City Council City of Santa Ana Y4� 2(}149 7/20/2021 Page 8 contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of Set -vices and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects. f. References: Proposals shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work to be performed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the work, based upon the requested Scope of Services detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Services. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. City Council City of Santa Ana W2(}349 7/20/2021 Page 9 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: Attachment 4-1: Non -Collusion Affidavit Attachment 4-2: Non -Lobbying Certification Attachment 4-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend awarding a contract to the top-ranking proposer that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the Standard Agreement attached herein as Attachment 3 in the Appendix. City Council City of Santa Ana Y4F 2(}449 7/20/2021 Page 10 VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order. V11. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Council City of Santa Ana Y4� 2(}�49 7/20/2021 Page 11 Appendix ATTACHMENT 1 SCOPE OF SERVICES & CROSSING GUARD LOCATIONS I. INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walls to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A shown in the Appendix Attachment 1, Section VII (page 6 of 8). The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.2 square miles and is the most populous city in Orange County with approximately 340,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of 73 % Hispanic, 12.4% White, 8.7% Asian, 1.3% Black, and 0.3% American Indian, and Eskimo. There are approximately 54,000 students of all ages currently enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. During the 2018--2019 school year, crossing guards worked a total of 47,325 hours providing crossing guard services to the children of our community. Data for the 2019- 2020 and 2020-2021 school year are not provided due to the COVID pandemic which disrupted normal walking and pedestrian activity in March 2020 through the publication date of this REP. All City Management Services currently manages the Adult Crossing Guard Program which consists of 52 crossing guards who provide crossing guard services to 70 locations within the city limits, which are listed in Table A. Oversight was being provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency. All City Management Services also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer. City Council 24 — 16 7/20Y' 90 of 8 Non-rcd mding(6.12020) III. SCOPE OF WORK The scope of work consists of out -sourced Adult Crossing Guard Program. The successful contractor shall agree to perform school crossing guard services for the City of Santa Ana and the school districts within the city limits. The scope of work shall include the following: The Contractor will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. Contractors will provide an estimated 47,500 hours per year of crossing guard services by qualified adult crossing guards approved by the City of Santa Ana as shown in Exhibit "A." These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules as they accommodate the academic needs of their students. These modifications in terms of crossing guard hours are included in the estimated 47,500 hours of crossing guard services anticipated to be provided in the 2021-2022 school year / fiscal year. 4. New locations may be added at the City's request and the Contractor will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor will provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. 6. The Contractor will be required to provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, discipline, and termination of employees. Contractor will provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges. 8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who were performing City of Santa Ana Adult School Crossing Guards services if they meet the Contractor's hiring requirements. Those employees shall be hired and retained at an hourly rate that is no less than the amount compensated while previously providing crossing guard services. However, these employees shall be subjected to the personnel rules of the Contractor as it relates to step increases, salary caps, City Council 24 — 17 7/201�024 of 8 Non-Pcd unding (6.12020) and continued employment The City of Santa Ana makes no representation of employment adequacy of the previously employed employees. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section Ill, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. If the current employee meets the hiring and retention criteria of the Contractor, they shall be offered employment with the Contractor at their current hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor. The City will staff that position and bill the Contractor for the time spent covering that post in accordance with the Miscellaneous Fee Schedule. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm. 12. Contractor will provide all of the required training for employees selected to be crossing guards. 13. The Contractor shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of moral ttupitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check b. A criminal background checks and fingerprint check c. A drug and alcohol screening test d. Social Security verification e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request) 14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5624, within two (2) hours, to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence. Contractor shall maintain detailed records and reports of the total number of horns of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. City Council 24 — 18 7/201�091 of 8 Non-Pcd mding(6.1°U20) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contactors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS 1. Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if an 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City, reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. CitV Council 24 — 19 7/201�094 of 8 Non-Pcd u ding(6.r.2020) 3. Subcontractors — Identity any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities. 4. Contractor Qualifications and Project Experience — The City of Santa Ana is particularly interested in selecting a Contractor that has extensive experience in providing adult crossing guard services to municipalities. Discuss the overall capabilities of the Proposer. Include abrief description of the Proposer's history and recent relevant experience (within the last five years). 5. Cost Proposal— Pricing should be as detailed as practical. Proposals are required to contain complete Cost Proposal Forms as shown in Attachment 2. The cost proposal shall include the cost of the contract while carrying Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) aggregate of Commercial General Liability Insurance. o Overall understanding of the project (20 points) o Qualifications and experience (20 points) o Supervisory personnel's qualifications, experience, time comnvtinent (20 points) o Overall quality of the proposal (20 points) o References (20 points) VI. FINANCIAL INFORMATION 1. Submit a copy of your firm's most recently audited, as well as current (reviewed) financial statement. 2. Provide the following information relative to your firm's claims history for the past five (5) years. A. List all claims, demands for arbitration and/or lawsuits filed by your firm, predecessor company, or company officers against project owners or their agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount B. List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against your firm, predecessor companies, its agents or bonding company. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount City Council 24 — 20 7/201�094 of 8 Non-Pcd mding(6.1°U20) 5) Current Status 6) Award or Settlement Amount VII. CROSSING GUARD LOCATIONS TABLE A- CROSSING GUARD LOCATIONS Per week Loc Intersection Mon Tues Wed Thurs Fri Total 1 Hazard/West IFOS) SE 3 3 3 3 3 15 2 Fifth ST/Hu lars Ln 3 3 3 3 3 15 3 Newho e/Camile SE 3 3 3 3 3 15 4 Newho e/Kent (SW) 3 3 3 3 3 15 5 Hazard/ Rosita-So (SE) 3 3 3 3 3 15 6 Fifth ST/Rosita S) 3 3 3 3 3 15 7 Camile/Jackson (SW) 3 3 3 3 3 15 8 Fairhaven/Old Grand (S) 3.25 3.25 3 3.25 3.25 16 9 St. Gertrude/Raitt (SE) 4.75 4.75 4.92 4.75 4.75 23.92 10 Santa Ana/Pacific NE 5 5 5.75 5 5 25.75 11 Fifth St/Pacific (NE) 5 5 5.5 5 5 25.5 12 Center/Borchard E/AM) W/PM 5 5 4.75 5 5 24.75 13 Edinger/Greenville (SE) 5 5 4.75 5 5 24.75 14 Edinger/Center (NAV) 5 5 4.75 5 5 24.75 15 Edinger /Raitt N/W 5 5 4.75 5 5 24.75 16.1 Main/Warner NW 4.75 4.75 4.75 4.75 4.75 23.75 16.2 Main/Warner SE 4.75 4.75 4.75 4.75 4.75 23.75 17 Broadway/Cubbon (SE) 4.75 4.75 4.75 4.75 4.75 23.75 18 Civic Center/English (NE) 4.75 4.75 4.75 4.75 4.75 23.75 19 Santa. Ana/Lac (NE) 4.5 4.5 4.67 4.5 4.5 22.67 20 6th/Lac (SE) 4.5 4.5 4.67 4.5 4.5 22.67 21 Civic Center/Lac E 5 5 5.42 5 5 25.42 22 MacArthur/Raitt St (SE) 4.75 4.75 4.75 4.75 4.75 23.75 23 Greenville/Pomona (NE) 5 5 4.5 5 5 24.5 24 Main/Walnut (SW) 5 5 4.75 5 5 24.75 25.1 McFadden/Fairview (NE) 4 4 3.5 4 4 19.5 25.2 McFadden/Fairview (SE) 4 4 3.5 4 4 19.5 26 Adams/Raitt (SE) 4.67 4.67 4.67 4.67 4.67 23.35 27 McFadden/Standard (NE) 4.5 4.5 4.5 4.5 4.5 22.5 28 McFadden/Hathaway (NW) 4.5 4.5 4.5 4.5 4.5 22.5 29 McFadden/Pacific 4.75 4.75 5 4.75 4.75 24 30 Willits/Sullivan (NE) 4.75 4.75 4.75 4.75 4.75 23.75 31 Willits/Raitt (NE) 4.75 4.75 4.75 4.75 4.75 23.75 CitV Council 24 - 21 7/201�02h of 8 Non-rcd mding(6.1.2020) 32 Flower/Bishop (SW) 4 4 3.5 4 4 19.5 33 Flo" er/Hi hland (SW) 4 4 3.5 4 4 19.5 34 Hobart/Standard (SW) 5 5 5 5 5 25 35 Edinger/Standard (NW) 5 5 5 5 5 25 36 Olive/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 37 Flower/Wilshire(NW) 4.75 4.75 4.75 4.75 4.75 23.75 38 Central/Halladay(NW) 3.25 3.25 3.25 3.25 3.25 16.25 39 Monte Vista/Raitt (E-AM) (W- PM) 4.75 4.75 5 4.75 4.75 24 40 Chestnut/Halladay (NE) 4.75 4.75 4.75 4.75 4.75 23.75 41 Chestnut/Standard (SW) 4.75 4.75 4.75 4.75 4.75 23.75 42 Bristol/Santa Clara (SW) 4.75 4.75 4.75 4.75 4.75 23.75 43 Santa Clara/Baker (SW) 4.75 4.75 4.75 4.75 4.75 23.75 44 Poplar/Saint Andrew (NE) 4.25 4.25 4 4.25 4.25 21 45 Flower/MacArthur (NE) 4 4 3.75 4 4 19.75 46 Alton/Greenville (SE) 4.5 4.5 4.75 4.5 4.5 22.75 47 Bishop/Standard (NW) 4.75 4.75 4.75 4.75 4.75 23.75 48 Flower/Anahurst (SW) 4.75 4.75 4.75 4.75 4.75 23.75 49 Flower/Warner (SW) 4.75 4.75 4.75 4.75 4.75 23.75 50 Washington/Baker SE 4.75 4.75 4.75 4.75 4.75 23.75 1143.03 Hours per week 1143.03 Days per week 5 Avg hours / day - Scheduled 228.606 Contingency hours / day 30 Total hours / day 258.606 School days per year 183 Hours per year 47,325 School Schedules Santa Ana Unified School District (SAUSD) Traditional Schedule - Schools within the SAUSD assigned to the traditional school schedule operate an average of 183 days per year beginning in August and ending in June. Garden Grove Unified School District (GGUSD) Traditional Schedule - All schools in the City of Santa Ana that are within the GGUSD are assigned to the traditional schedule. Traditional schedule schools are open an average of 183 days per year beginning in September and ending in June. Orange Unified School District (OUSD) Traditional Schedule - Fairhaven Elementary School is the only school in the City of Santa Ana that is governed by the OUSD. The school operates on a traditional schedule with an average of City Council 24 - 22 7/20YNO of 8 Non-rcd mding(6.12020) 181 days per year based on a schedule that begins in August and ending in June. Abbreviations N/E Northeast N/W Northwest S/E Southeast S/W Southwest S.A. Santa Ana Unified School District G.G. Garden Grove Unified School District Org. Orange Unified School District Priv. Private School Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana City Council 24 — 23 7/201�024 of 8 Non-Pcd mding(6.1°U20) Appendix ATTACHMENT 2 FEE PROPOSAL FORM COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) Crossing Guard Supervisor Salary (Hourly) COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) Supervisor Salary (Hourly Rate x estimated annual hours) Payroll Tax Workers Compensation Liability Insurance Administrative Overhead Profit TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 howl Total Annual Cost of Adult Crossing Guard Program $ 47,500 howl Total Crossing Guard Billing $ / Hr City Council 24 — 24 7/20Y'e90 of 2 Non-fcd mding(6.12020) COST PROPOSAL FORM GENERAL INFORMATION 1. Name of Organization: 2. Organization is: (Check One) Corporation Association Partnership Sole Proprietor 3. Organization Address and Telephone Number: 4. List the Name, Title and Telephone Numbers) of the Organization's Authorized Representatives: CitV Council 24 — 25 7/20%®L4 of 2 Non-Pcd coding (6.1 2020) Appendix ATTACHMENT 3 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of 2020 by and between ("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 City desires to retain a consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. City Council 24 — 26 7/2612021)f 11 Non-rcd mding(6.12020) b. Payment by City shall be made within 45 days (forty-five) 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 which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a with the option for the City to grant up to a renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 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 subcontractors to agree in writing that City is granted a non-exclusive and CitV Council 24 — 27 7/2R202Pf I Non-Fcd mding(6.1°U20) perpetual license for any Documents & Data the subcontractor 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 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, 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 $5,000,000 per occurrence, with $10,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory 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 provisions of Section 3700 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. 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. 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 canceled or CitV Council 24 — 28 7/20a8®2'Pf 11 Non-Pcd coding (6.1 2020) reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those fisted by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. 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, contractors, special counsel, and representatives from liability: (I I 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, its subcontractors, agents, employees, or other persons acting on its 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infiingement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. City Council 24 — 29 712Bp2021)f 11 Non-Pcd coding (6.1 2020) 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. City Council 24 — 30 7/2Bpg®�1rf 11 Non-Pcd unding (6.12020) 14. 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 tetras 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 is 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 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. 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(s) 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. 17. 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. City Council 24 — 31 7/2Bp202-Pf 11 Non-Pcd u ding (6.1.2020) 18. 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. 19. 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. 20. 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. 21. 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: 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 CitV Council 24 - 32 712DA202-Pf 11 Non-Pcd coding (6.1 2020) With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: 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 time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager CitV Council 24 — 33 7/28A2®21pf 11 Non-fcd mding(6.12020) APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CONSULTANT: (name) (title) CitV Council 24 - 34 712DA202-Pf 11 Non-fcd mding(6.1.2020) EXHIBIT A SCOPE OF SERVICES City Council 24 — 35 7/20/TG21 10 of I I Non-Pcd funding (e.12020) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 24 — 36 7/20/TG21 11 of 11 Non-Pcd funding (6.12020) Appendix ATTACHMENT 4-1: 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 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 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 persons) who appeared before me. Notary Public Signature Notary Public Seal City Council City of Santa Ana F$$2t$749 7/20/2021 Page A4-1 Appendix ATTACHMENT 4-2: 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 iNith the awarding of any federal contract, the malting 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 fiords 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 $ t0,000 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. Firm Signed and Printed Name: Title Date City Council City of Santa Ana F24' 2($849 7/20/2021 Page A4-2 Appendix ATTACHMENT 4-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. 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 tinder 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 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 Execution Order 11246 of September 24, 1965, and such other sanctions maybe 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 Council City of Santa Ana F?A' 2(9949 7/20/2021 Page A4-3 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 the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stars. 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: Title: Firm: Date: City Council City of Santa Ana QA�24049 7/20/2021 Page A4-4 MAYOR Vicente Sarmiento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.ora (714)647-5619 December 22, 2020 ADDENDUM ONE SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: 1. Add new section to the RFP: Price Adjustments: The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All other terms and c ions of the RFP remain unchanged. Edwin "William" Galvez City Engineer SANTA ANA CITY COUNCIL Vicente Saimiento �+ yy��aa,P,��pp�IIy II Thai Viet Phan Jessie Lopez Phil Bacerra Johnattan Rytdryrygqppadppnndddd�a Nelida Mendoza Mayor CAWaGk4i.ly 46 Ward Want 24-41 Ward4 Ward9LVJL 021 Ward varmlentobtsanta-ana.am doenalozaonsana-anaom tohan®senta-enaere essielooezrahanoranre pbacerra0santa-anaom fMnhemandezrdsanta-anaom nmendoza9tsama-anaom AGREEMENT TO PROVIDE CROSSING GUARD SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between All - City Management Services, Inc. ("Contractor"), 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 November 24, 2020, the City issued Request for Proposal No. 20-149, by which it sought qualified contractors to provide adult crossing guard services to aid primary school children in the community as they walk to and from school. The crossing guard program is to include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP 20-149. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreementwill 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 Contractor shall perform the services described in the scope of work that was included in REP No. 20-149, which is attached as Exhibit A and incorporated in full, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $2,593,334 during the term of this Agreement, including any extension periods. This sum is comprised of (1) the base amount of $2,357,576 and (2) a 10% contingency in the amount of $235,758 for additional services at the City's sole discretion. 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 City Council 24 — 42 7/20/2021 Paae r of 8 expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 19, 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one additional 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to filly comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in City Council 24 — 43 7/20/2021 Page 2 of 8 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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 $5,000,000 per occurrence, with $10,000,000 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, orequivalent 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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 Contractor pursuant to this section: (i) Contractor 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 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 City Council 24 — 44 7/20/2021 Page 3 of 8 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor or its subcontractors, 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 Contractor 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. Nohvithstanding the foregoing, to the extent Contractor'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 Contractor. Furthermore, notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. City Council 24 — 45 7/20/2021 Page 4 of 8 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: To City: Clerk of the City Council City of Santa Ana City Council 24 — 46 7/20/2021 Pace 5 of 8 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 Contractor: All -City Management Services, Inc. 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Attn: David Mecusker, Contract Administrator 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 tw-enty-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 Contractor 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 Contractor. 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 Contractor 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 Contractor, Contractor 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 City Council 24 — 47 7/20/2021 Page 6 of 8 Agreement performed by City personnel or by other contractors 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. TERIVIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. 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 Contractor 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. Contractor 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. City Council 24 — 48 7/20/2021 Page 7 of 8 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By; I,(,, JK1m M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR N Title: City Council 24 — 49 7/20/2021 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES & CROSSING GUARD LOCATIONS I. INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A shown in the Appendix Attachment 1, Section VII (page 6 of 8). The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.2 square miles and is the most populous city in Orange County with approximately 340,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of 73 % Hispanic, 12.4% White, 8.7% Asian, 1.3% Black, and 0.3% American Indian, and Eskimo. There are approximately 54,000 students of all ages currently enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. During the 2018--2019 school year, crossing guards worked a total of 47,325 hours providing crossing guard services to the children of our community. Data for the 2019- 2020 and 2020-2021 school year are not provided due to the COVID pandemic which disrupted normal walking and pedestrian activity in March 2020 through the publication date of this REP. All City Management Services currently manages the Adult Crossing Guard Program which consists of 52 crossing guards who provide crossing guard services to 70 locations within the city limits, which are listed in Table A. Oversight was being provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency. All City Management Services also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer. City Council 24 — 50 7/20Y'e®L11 of 8 Non-rcd mding(6.12020) III. SCOPE OF WORK The scope of work consists of out -sourced Adult Crossing Guard Program. The successful contractor shall agree to perform school crossing guard services for the City of Santa Ana and the school districts within the city limits. The scope of work shall include the following: The Contractor will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. Contractors will provide an estimated 47,500 hours per year of crossing guard services by qualified adult crossing guards approved by the City of Santa Ana as shown in Exhibit "A." These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules as they accommodate the academic needs of their students. These modifications in terms of crossing guard trours are included in the estimated 47,500 hours of crossing guard services anticipated to be provided in the 2021-2022 school year / fiscal year. 4. New locations may be added at the City's request and the Contractor will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor will provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. 6. The Contractor will be required to provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, discipline, and termination of employees. Contractor will provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges. 8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who were performing City of Santa Ana Adult School Crossing Guards services if they meet the Contractor's hiring requirements. Those employees shall be hired and retained at an hourly rate that is no less than the amount compensated while previously providing crossing guard services. However, these employees shall be subjected to the personnel rules of the Contractor as it relates to step increases, salary caps, City Council 24 — 51 7/201�024 of 8 Non-Pcd unding (6.1.2020) and continued employment The City of Santa Ana makes no representation of employment adequacy of the previously employed employees. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section Ill, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. If the current employee meets the hiring and retention criteria of the Contractor, they shall be offered employment with the Contractor at their current hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor. The City will staff that position and bill the Contractor for the time spent covering that post in accordance with the Miscellaneous Fee Schedule. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm. 12. Contractor will provide all of the required training for employees selected to be crossing guards. 13. The Contractor shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of moral trupitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check b. A criminal background checks and fingerprint check c. A drug and alcohol screening test d. Social Security verification e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request) 14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5624, within two (2) hours, to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence. Contractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. CitV Council 24 — 52 7/201�021 of 8 Non-Pcd mding(6.1°U20) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS 1. Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. CitV Council 24 — 53 7/201�024 of 8 Non-Pcd u ding(6.r.2020) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS 1. Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. CitV Council 24 — 54 7/20%824 of 8 Non-Pcd u ding(6.r.2020) 3. Subcontractors — Identity any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their invotvement, scope of work, and responsibilities. 4. Contractor Qualifications and Project Experience — The City of Santa Ana is particularly interested in selecting a Contractor that has extensive experience in providing adult crossing guard services to municipalities. Discuss the overall capabilities of the Proposer. Include abrief description of the Proposer's history and recent relevant experience (within the last five years). 5. Cost Proposal— Pricing should be as detailed as practical. Proposals are required to contain complete Cost Proposal Forms as shown in Attachment 2. The cost proposal shall include the cost of the contract while carrying Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) aggregate of Commercial General Liability Insurance. o Overall understanding of the project (20 points) o Qualifications and experience (20 points) o Supervisory personnel's qualifications, experience, time commnitinent (20 points) o Overall quality of the proposal (20 points) o References (20 points) VI. FINANCIAL INFORMATION 1. Submit a copy of your firm's most recently audited, as well as current (reviewed) financial statement. 2. Provide the following information relative to your frrm's claims history for the past five (5) years. A. List all claims, demands for arbitration and/or lawsuits filed by your firm, predecessor company, or company officers against project owners or their agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount B. List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against your firm, predecessor companies, its agents or bonding company. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount City Council 24 — 55 7/201�094 of 8 Non-Pcd mding(6.1°UZU) 5) Current Status 6) Award or Settlement Amount VII. CROSSING GUARD LOCATIONS TABLE A- CROSSING GUARD LOCATIONS Per week Loc Intersection Mon Tues Wed Thurs Fri Total 1 Hazard/West IFOS) SE 3 3 3 3 3 15 2 Fifth ST/Hu lars Ln 3 3 3 3 3 15 3 Newho e/Camile SE 3 3 3 3 3 15 4 Newho e/Kent (SW) 3 3 3 3 3 15 5 Hazard/ Rosita-So (SE) 3 3 3 3 3 15 6 Fifth ST/Rosita (S) 3 3 3 3 3 15 7 Camile/Jackson (SW) 3 3 3 3 3 15 8 Fairhaven/Old Grand (S) 3.25 3.25 3 3.25 3.25 16 9 St. Gertrude/Raitt (SE) 4.75 4.75 4.92 4.75 4.75 23.92 10 Santa Ana/Pacific NE 5 5 5.75 5 5 25.75 11 Fifth St/Pacific (NE) 5 5 5.5 5 5 25.5 12 Center/Borchard E/AM) W/PM 5 5 4.75 5 5 24.75 13 Edinger/Greenville (SE) 5 5 4.75 5 5 24.75 14 Edinger/Center (NAV) 5 5 4.75 5 5 24.75 15 Edinger /Raitt N/W 5 5 4.75 5 5 24.75 16.1 Main/Warner NW 4.75 4.75 4.75 4.75 4.75 23.75 16.2 Main/Warner SE 4.75 4.75 4.75 4.75 4.75 23.75 17 Broadway/Cubbon (SE) 4.75 4.75 4.75 4.75 4.75 23.75 18 Civic Center/English (NE) 4.75 4.75 4.75 4.75 4.75 23.75 19 Santa. Ana/Lac (NE) 4.5 4.5 4.67 4.5 4.5 22.67 20 6th/Lac (SE) 4.5 4.5 4.67 4.5 4.5 22.67 21 Civic Center/Lac E 5 5 5.42 5 5 25.42 22 MacArthur/Raitt St SE 4.75 4.75 4.75 4.75 4.75 23.75 23 Greenville/Pomona (NE) 5 5 4.5 5 5 24.5 24 Main/Walnut (SW) 5 5 4.75 5 5 24.75 25.1 McFadden/Fairview (NE) 4 4 3.5 4 4 19.5 25.2 McFadden/Fairview (SE) 4 4 3.5 4 4 19.5 26 Adams/Raitt (SE) 4.67 4.67 4.67 4.67 4.67 23.35 27 McFadden/Standard (NE) 4.5 4.5 4.5 4.5 4.5 22.5 28 McFadden/Hathaway (NW) 4.5 4.5 4.5 4.5 4.5 22.5 29 McFadden/Pacific 4.75 4.75 5 4.75 4.75 24 30 Willits/Sullivan (NE) 4.75 4.75 4.75 4.75 4.75 23.75 31 Willits/Raitt (NE) 4.75 4.75 4.75 4.75 4.75 23.75 CitV Council 24 - 56 7/201�02h of 8 Non-rcd mding(6.1.2020) 32 Flower/Bishop (SW) 4 4 3.5 4 4 19.5 33 Flo" er/Hi hland (SW) 4 4 3.5 4 4 19.5 34 Hobart/Standard (SW) 5 5 5 5 5 25 35 Edinger/Standard (NW) 5 5 5 5 5 25 36 Olive/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 37 Flower/Wilshire(NW) 4.75 4.75 4.75 4.75 4.75 23.75 38 Central/Halladay(NW) 3.25 3.25 3.25 3.25 3.25 16.25 39 Monte Vista/Raitt (E-AM) (W- PM) 4.75 4.75 5 4.75 4.75 24 40 Chestra t/Halladay (NE) 4.75 4.75 4.75 4.75 4.75 23.75 41 Chestnut/Standard (SW) 4.75 4.75 4.75 4.75 4.75 23.75 42 Bristol/Santa Clara (SW) 4.75 4.75 4.75 4.75 4.75 23.75 43 Santa Clara/Baker (SW) 4.75 4.75 4.75 4.75 4.75 23.75 44 Poplar/Saint Andrew (NE) 4.25 4.25 4 4.25 4.25 21 45 Flower/MacArthur (NE) 4 4 3.75 4 4 19.75 46 Alton/Greenville (SE) 4.5 4.5 4.75 4.5 4.5 22.75 47 Bishop/Standard (NW) 4.75 4.75 4.75 4.75 4.75 23.75 48 Flower/Anahurst (SW) 4.75 4.75 4.75 4.75 4.75 23.75 49 Flower/Warner (SW) 4.75 4.75 4.75 4.75 4.75 23.75 50 Washington/Baker SE 4.75 4.75 4.75 4.75 4.75 23.75 1143.03 Hours per week 1143.03 Days per week 5 Avg hours / day - Scheduled 228.606 Contingency hours / day 30 Total hours / day 258.606 School days per year 183 Hours per year 47,325 School Schedules Santa Ana Unified School District (SAUSD) Traditional Schedule - Schools within the SAUSD assigned to the traditional school schedule operate an average of 183 days per year beginning in August and ending in June. Garden Grove Unified School District (GGUSD) Traditional Schedule - All schools in the City of Santa Ana that are within the GGUSD are assigned to the traditional schedule. Traditional schedule schools are open an average of 183 days per year beginning in September and ending in June. Orange Unified School District (OUSD) Traditional Schedule - Fairhaven Elementary School is the only school in the City of Santa Ana that is governed by the OUSD. The school operates on a traditional schedule with an average of City Council 24 - 57 7/20YNO of 8 Non-rcd mding(6.12020) 181 days per year based on a schedule that begins in August and ending in June. Abbreviations N/E Northeast N/W Northwest S/E Southeast S/W Southwest S.A. Santa Ana Unified School District G.G. Garden Grove Unified School District Org. Orange Unified School District Priv. Private School Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana City Council 24 — 58 7/201�824 of 8 Non-Pcd coding (6.1 2020) EXHIBIT B ��LL CITY 111�11�1�U�;�ti1 'N'1' �I:1Z�1C11. "The Crossing Guard Company" A Proposal for City of Santa Ana Public Works Agency Crossing Guards Services RFP No.: 20-149 January 21, 2021 Presented by 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325 EMERGENCY DISPATCH: 877.363.2267 City Council www.thecrossingggifdeWmpany.com 7/20/2021 Cover Letter / Contract Agreement Statement Firm and Team Experience Understanding of NeedEmu I Relevant Project Experience MMM- References 009- Scope of Services NEW_ Implementation Schedule Financials Fee Proposal I Forms/Addenda Emu -_1 I Ems- Citv Council --M- 7"2&20211 I Ai V ERY" Cover Letter / Contract Agreement Statement City Council 24 — 61 7/20/2021 January 21. 2021 City of Santa Ana Zdenek Kekula Crossing Guard Services RFP No. 20-149 20 Civic Center Plaza, Santa Ana, CA 92701 Dear Mr. Kekula. On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the City of Santa Ana Crossing Guard program. We are proud to have served the community of Santa Ana for the past sixteen (16) years. We have received the Request for Proposal, we have reviewed all RFP requirements, Specifications, Scope of Work, Standard Agreement and Addendums. We agree with the terms and conditions set forth with thee exception of Standard Agreement Item 7a — Insurance, Item -8 Indemnification and Addendum One regarding Price Adjustments. Item 7a — requires General Liability combined single limit coverage of not less than $10,000,000 per occurrence. Our current insurance coverage provides combined single limit coverage of not less than $5,000,000 per occurrence. We would hope to avoid any additional expense to the City and would request the limit to be lowered to $5,000,000 per occurrence. If the limit cannot be lowered, we would need to secure additional coverage. We have included this optional pricing exhibit via optional program pricing. Please see our pricing exhibits. Item 8 pertains to Indemnification and we would request a modification to the language proposed to include shared liability. We have included our preferred language in our response. Addendum One refers to price adjustments being tied to Consumer Price Indices and we would like this language to be removed, as the operational costs associated with a Crossing Guard program are not tied to CPI. If selected to continue services we would like to discuss price increase language that is acceptable to both parties. Our goal is simple, to continue to relieve the City of Santa Ana of the day-to-day responsibilities of managing a Crossing Guard Program. As your full services contractor, we have assumed complete responsibility for the day-to-day operations of the Santa Ana Crossing Guard program. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision, management of the program. We maintain local supervision, alternate guards, a paging system, and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We also establish communication with each school to ensure proper scheduling. We have become the nation's largest provider of private crossing guards as a result of our singular focus to this industry as well development of benchmark training. This includes our "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard of the Year recognition and the Certification Requirements for all ACMS Crossing Guards. City Council 24 — 62 7/20/2021 10440 Pioneer Blvd Suite 5 0 Santa Fe Springs, Ca 90670.310-202-8284. 800-540-9290 0 FAX 310-202-8325 If our proposal is accepted for final selection, ACMS agrees to negotiate in good faith with the City towards a final Agreement containing such material business and legal deal points as we set forth in Proposal. If awarded, the undersigned agree to execute a formal Agreement within ten (10) calendar days following the Notice to Proceed and will deliver to the City prior to the execution of the Agreement, certificates of Insurance and endorsements. ACMS represents that the following person is authorized to negotiate on their behalf with the City in connection with this RFP: Harlan Sims, Director of Marketing 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 800 540 9290, Ext 107 The undersigned certify that they have examined and are fully familiar with all of the provisions of the RFP Documents and are satisfied that said documents are accurate; and that they have carefully checked all works, figures and statements made in the proposal requirements and that we have satisfied ourselves with respect to other matters pertaining to the proposal which in any way affect the work or the costs thereof. The undersigned being cognizant of the pages, documents and exhibits contained herein agree to provide the City with services described in the proposal specifications an agreement documents. We are certainly excited about the possibility of providing Crossing Guard services for the City of Santa Ana once again. If you have any questions, please feel free to contact me at 800 540-9290 Sincerely, David Mecusker Contract Administrator david@thecrossingguardcompany.com City Council 24 — 63 7/20/2021 10440 Pioneer Blvd Suite 5 0 Santa Fe Springs, Ca 90670 0 310-202-8284 0 800-540-9290 0 FAX 310-202-8325 NOTE: THE CHANGES BELOW WERE NOT ACCEPTED BY THE CITY Exception Attachment 3; Standard Agreement Suggested Change/Exception: 8 — Indemnification; request to have following language added to section. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 (each, a ..Loss"), which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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. In the event that Consultant's proposed duly qualified defense counsel is not reasonably acceptable to the City, tThe 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Furthermore, notwithstanding the foregoing in the event that a court or jury determines that liability with respect to any Loss was caused or contributed to by the negligent act error, omission or willful misconduct of the City, liability will be apportioned between Consultant on the one hand and the City on the other hand with regard to such Loss based upon the parties' respective degrees of culpability, as determined by the court or iury and Consultant's duty to indemnify the City, its officers, agents, employees, contractors special counsel and representatives will be limited accordingly. City Council 24 — 64 7/20/2021 Firm and Team Experience City Council 24 — 65 7/20/2021 COMPANY PROFILE All City Management Services, Inc. (ACMS), is a California based Corporation founded in 1985. We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We currently have over 6,500 employees dedicated to safety, serving cities, towns, communities, schools, and school districts nationwide. One defining issue that distinguishes ACMS is that we are the only company that exclusively provides School Crossing Guard Services. It is our commitment to limiting the scope and focus of the company to School Crossing Guards that has helped us emerge as "The Crossing Guard Company". We have successfully privatized the Crossing Guard programs for over 250+ agencies. Ultimately our clients become the beneficiaries of our single-minded approach toward this industry. The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections. One of the benefits we bring to any from public to private management employment is a key component o understanding of the Crossing Guards success with individual programs is Guards bring to our management. gency is our expertise in overseeing a seamless transition of the program. The continuity of the Crossing Guards' a seamless transition. We value the experiences and currently working in each program we manage. Much of our i result of the experience and knowledge these Crossing With over 34 years of experience, ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision, and safety. Each program we have taken on has brought a unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies, and procedures to benefit all Crossing Guards in all the cities, towns, and communities we service. City Council 24 — 66 7/20/2021 ) R * - ) §m ) )/ a/ ) ] / ) . 0 :1I L (17.i :•1:'i_1(� ;.0111;A l. I:YZ�r ;l� � City of Santa Ana Vice President of Operations Patricia Pohl 310 877 7045 cell Regional Support Manager Kim Brooks 913 333 2563 cell F1 Regional/Project Manager Michele Busch 949 648 4514 cell Area Supervisor(s) Rudy Ramirez 714 763 6352 cell Kathy Clickenbeard 714 800 3818 52 Crossing Guards City Council 24 — 68 7/20/2021 Field Management Personnel The most significant resources ACMS brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. The community of Santa Ana will continue to benefit from a team concept which consists of Area Supervisor, Regional Manager, Regional Support Manager and Vice President of Operations. Each Member of our management team is available 24 hours a day via cellular telephone. The following is a brief synopsis of the respective duties of each. Area Supervisor (Rudy Ramirez / Kathy Clickenbeard): Area Supervisors will continue to handle all aspects of the daily supervision of the program of fifty-two (52) Crossing Guards and alternate pool. With support from the Regional Manager they will typically recruit, hire, train and provide personnel management for all the sites they oversee and will interface with school staff as needed. In addition to communicating with the City and School staff, they are responsible for ensuring each employee receives the proper number of Site Performance Evaluations. The Area Supervisors will be available by telephone on all occasions for discussion with City staff and will be locally available for meetings in person upon 24-hour written or telephonic notice. Area Supervisors will commit eighty-five percent (85%) of their time to the program and they report directly to the Regional Manager. Regional Manager (Michele Busch): Michele will serve as Project Manager and will continue to directly manage your Area Supervisors and provide training and support. She will continue to interface with the City of Santa Ana representative and School staff as needed. She will assist in the hiring of the Crossing Guards as well as the development and implementation of training programs and certification standards. Michele has considerable experience as a Project Manager overseeing many programs in Southern California. She will continue to ensure compliance with Company standards and City of Santa Ana expectations and be the liaison to the City. Michele Busch will commit twenty percent (20%) of her time to the program and reports directly to Regional Support Manager. Regional Support Manager (Kim Brooks): Kim has over 5 years in the industry providing field management and support for ACMS. She is responsible for the development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions. Works directly with Project Manager to ensure all program standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs. Kim Brooks reports directly to Vice President of Operations and will provide additional support as needed. Vice President of Operations (Pat Pohl): Pat has over 26 years of industry experience. She is responsible for overall contract compliance. Works with the Regional Support Manager on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff. Pat will provide additional support as needed. City Council 24 — 69 7/20/2021 Michele Busch 23 Greenbough Leine, CA 92614 T (949) 922-5364- michele.buschQ,cor net EXPERIENCE Regional Manager, All City Management Services; Santa Fe Springs, CA — 2012-present Management of 8 area supervisors and 350 crossing guards in Southern California. Maintain communication with area supervisors; provide feedback, support, guidance and training. Investigate complaints; enforce safety and disciplinary measures. Serve as a liaison to school and city officials and operations management . Assist in the development of new company procedures. Area Supervisor, All City Management Services; Santa Fe Springs, CA — 2oo9-2o12 Managed the crossing guard program for the Newport -Mesa school district. Responsible for the recruiting, hiring, training and supervision of 36 crossing guards. Conducted regular field safety training and maintained a program of high standards. Handled scheduling and payroll; served as a liaison to school officials, city officials and operations management. Owner, Bella Michele Jewelry; Irvine, CA — 2oo5-2o12 Responsible for product development, analysis and marketing. Handled purchasing, bookkeeping, organization of inventory as well as training and management of 4. employees. Created and maintained a large website and online database. Sought out advertising using social media. Executive Director, Cancer Camp Connections; Irvine, CA — 199B-2007 Created a national database of summer camp programs for children with life threatening diseases. Developed from the ground up a 50l(c)3charity; provided leadership in fulfillment of the mission, vision and goals of the organization. Implemented policies and decisions of the Board of Directors. Secured funds and managed budget; sought grant opportunities. Supported and sustained growth; sewed as spokesperson; conducted program planning and development. EDUCATION Gunderson High School, San Jose, CA - 1984, University of Colorado, Boulder; Bachelor of Arts, Social Work- 1989 SKILLS Sarong communication skills. Ability to adapt to difficult and stressful situations. Detail oriented. Capable problem solver. Excellent organizational and leadership skills. City Council 24 — 70 7/20/2021 Kimberly M. Brooks 15607 W. 83rd Street • Lenexa, KS 66219• (913)952-9159 kim@thecrossingguardcompany.com REGIONAL SUPPORT MANAGER Proven advocate for pedestrian safety by effectively administering company policies and procedures to employees. Operations leader that utilizes training and mentoring techniques to develop continuous improvement efforts with Regional Managers toward staff development. Skilled in organizing staff and planning for complete site coverage. Effective in recruiting from various sources and using system planning to align resources. Excellent communicator capable of building relationships with clients, supervisory staff, guards, and internally at any organizational level. ✓ Client engagement ✓ Recruiting & Training ✓ Relationship Builder ALL CITYMANAGEMENT SERVICES ✓ Safety focused ✓ Coaching & Mentoring ✓ Problem -solver Professional Experience Regional Support Manager — May 2020 to Present 2016 to Present • Responsible for overseeing the day-to-day functions of the Regional Manager. • Identify challenge programs in cooperation with Regional Manager. • Oversee Client Relationships. • Assist in the development and transition of new programs. National Advertising and Recruiting Coordinator— February 2018 —May 2020 • Manage advertising and nationally. • Recruit, hire and train Recruiting Coordinators to build relationships within their community. • Collaborate directly with Regional Manager to combat staffing issues within areas directly. • Develop new strategies for recruiting. Regional Supervisor — September 2016 to 2018 • Administer policies through training of supervisory staff and monitoring compliance of guard performance. • Serve as liaison with contracting point of contacts and company to communicate and resolve any operational issues such as site modifications and pedestrian counts. • Oversee programs covering over 200 sites in Kansas, Missouri and Iowa. • Other duties include approving payroll, onboarding and training employees. Area Supervisor — July 2016 to 2018 • Recruit, train and staff crossing guards in the City of Lenexa. • Overall administrative functions for the area. City Council 24 — 71 7/20/2021 Kimberly M. Brooks Page 2 SECURITAS 2015 to 2016 Crossing Guard — August 2015 to May 2016 • Conduct safe crossings for pedestrians. VARIDUSDENTAL PRACTICES 1992 to 2013 Expanded Functions Dental Assistant — 9 years • Expanded functions include placing composite and amalgam fillings, polishing fillings, packing retraction cord, taking impressions for crowns, bite splints, and making temporary crowns. • Working with children that have special needs. • Charting treatment plans and patient chart maintenance. • Dietary, preventive and treatment consultations with patients. Dental Assistant — 12 years • Chair -side duties include assisting in all procedures including fillings, crown preps, root canals and surgical extractions. • Scheduling appointments, creating treatment plans and presenting them to patients. • Supply management, equipment repairs and maintenance. Maintain OSHA standards. Education and Training Johnson County Community College Prerequisites for Dental Hygiene State of Pennsylvania Certificate of Radiology York Vocational Technical School Dental Assistant Technical School City Council 24 — 72 7/20/2021 PATRICIA J. POHL 21896 Red River Drive, Lake Forest, CA 92630.310.877.7045 WORK HISTORY 2010 to present All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, California 90670 Vice President of Operations: Full responsibility for the planning, direction and coordination of all field - based leadership personnel nationwide (250+). Accountable for development and implementation of cost- effective procedures to meet current and future company needs. Responsible for all aspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimum safety standards. 1998 to 2010 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California 90035 Operations Manager: Accountable for management of day-to-day operations of field 50+ area supervisors. Responsible for development, implementation and compliance for all training programs as well as Safety Certification standards for all Crossing Guards. 1994 to 1998 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California 90035 Area Supervisor: Responsible for hiring, training, coordinating and scheduling 45 school crossing guards. Served as company liaison to city governments, school districts and community. 1967 to 1994 Various Management, Sales and Administrative Positions Restaurant Manager, Advertising Sales Account Representative, Executive Assistant, Office Manager: Employment history of repeated promotion to positions of leadership and management based on work ethic and commitment to the success of employer. PROFESSIONAL ASSOCIATIONS Previously invited to serve as the only private sector representative on: California Crossing Guard Training Expert Review Panel Safe Routes to School Technical Assistant Resource Center (SRTS TARC) a project of California Active Communities within the California Department of Public Health (CDPH) Previously retained as Expert Witness and Person Most Knowledgeable in several litigations related to personal injury accidents involving School Crossing Guards. Florida Department of Transportation School Crossing Guard Trainer Certification, currently status; active City Council 24 — 73 7/20/2021 Understanding of Need City Council 24 — 74 7/20/2021 Approach and Management Plan ACMS will continue to provide the agreed to level of service upon contract award and our approach is simply a continuation of our current processes. This includes scheduling, daily site inspections, guard sourcing, hiring and training (when needed) and overall program management and administrative support. We employ a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The Vice President of Operations and Regional Support Manager work together (with input from City of Santa Ana) to establish specific program objectives and expectations. These Senior Managers then work directly with your Regional/Project Manager and Area Supervisors to implement the management plan. The Project Manager along with your local Area Supervisors; has responsibility for the direct management of the Crossing Guards and together they will continue to ensure City of Santa Ana operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decision -making process. This helps reduce confrontational attitudes by establishing and enhancing the common goal of providing for the safety of school children. Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by local Area Supervisors and Project Manager. In addition to verbal training and counseling, these managers are supported by the use Field Training Check Lists, Field Training Cards, Site Performance Evaluations, Independent Field Observations and a professionally produced Crossing Guard Safety DVD. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Santa Ana representative. Background checks and fingerprinting will be completed on all potential employees as allowed by California state law. Successful completion of the background check, drug and alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. After hiring ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management. ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our Employee Manual. Internal minimum passing standards along with City of Santa Ana established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any crime of moral turpitude or a crime against children, including, but not limited to: • Conduct in violation of California Penal Code or which requires registration under California Penal Code • Conduct which requires registration under California Health and Safety Code. City Council 24 — 75 7/20/2021 • Any offense involving the use of force or violence upon another person. • Any offense involving theft, fraud, dishonesty, or deceit. • Any offense involving the manufacture, sales, possession or use of a controlled substance • Conspiracy or attempt to comment any of the aforementioned offenses. • Any registered sex offender or narcotics offender. Summary reports of background clearance on employees within the City of Santa Ana Crossing Guard program will be regularly available to the City. ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to City within two (2) hours to advise the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint. Communications with individual school sites is facilitated by Area Supervisors. Personal visits are made regularly (minimum quarterly) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange. Calendars and bell schedules are obtained for each school both at the beginning of the school year and periodically throughout the year. Key school personnel are supplied with appropriate contact information (business cards) and reminded to inform ACMS of any changes. Additionally, schools are provided with large magnets which can be easily displayed making contact information effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly contact each school and proactively solicit information regarding potential schedule changes. The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it takes for students to walk from a remote location to the school site (or vice versa in the afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns enabling a better understanding of site needs and any potential deviation from established guidelines. ACMS Area Supervisors are in the field daily when crossings are covered by the guards and they ensure all guards arrive on time and are ready for duties as scheduled. ACMS is in the final stages of developing an application (App) that will monitor guard attendance via cellphone and will improve efficiency in our timekeeping. City Council 24 — 76 7/20/2021 Recruitment and Staffing ACMS Managers will continue to assess the staffing needs of the City of Santa Ana on an ongoing basis. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed. We have developed a comprehensive plan for recruitment of new Crossing Guards. As a part of our Staffing strategy, we encourage a very aggressive recruitment program. We utilize soft advertising, local media advertising, targeted flyers, on -site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy. We often work closely with school districts in some of our recruitment drives. Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs. Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance. Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards. ♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards ♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of insuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or show for duty. Supervisor Teams — The City of Santa Ana would benefit from our presence in nearby cities such as: Costa Mesa, Newport Beach, Huntington Beach, Cypress, Laguna Niguel, Los Alamitos, Yorba Linda, Placentia, Fullerton, Stanton, and Orange County Sheriff's. Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share relief guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards. City Council 24 — 77 7/20/2021 Training Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 34 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence. The process begins during the first contact with a potential employee when our phone interview process outlines job expectations and our zero -tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees. Once hired, the training process starts in the classroom where employees review sections of the "Employee Handbook for School Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety". The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employee's progress is closely noted on the detailed steps outlined on the the Field Training Check List to ensure the employees' field competence. This cross -modality approach not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory and kinesthetic learner. While the classroom setting is expected to require approximately two - three hours and the field training approximately two - four hours, it's important to note that the low ratio of students to trainer allows for accurate assessments of the employees readiness to move forward. The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing of a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new employees are required to carry and regularly refer to the Field Training Cards. This pocket - sized card (listing all steps for a safe cross) allows the employee to self -evaluate their performance prior to the time they have all steps of the procedures memorized. Throughout their employment, employees are subjected to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen in both side -by -side sessions as well as unannounced observations without the knowledge of the employee. Prior to the start of every school year guards are re -contacted for assignment readiness and take part in a review/refresher training before the start of the school year. The standard issue equipment and clothing includes: • ANSI II compliant high -visibility retro-reflective vest marked with the required insignia of a Crossing Guard • MUTCD compliant 18" STOP/STOP paddle • Picture Identification Card with emergency contact information • Company -issued cap or visor with corporate logo • Whistle for emergency alert to vehicles and pedestrians • High -visibility ANSI II compliant jacket and/or rain jacket. City Council 24 — 78 7/20/2021 Relevant Project Experience City Council 24 — 79 7/20/2021 Qualifications & Experience Our ability to continue to operate and manage the City of Santa Crossing Guard program is supported by our current success operating the Santa Ana program and with similar programs in Southern California. Some of these programs include: City of Costa Mesa, City of Garden Grove, City of Lake Forest, City of Cypress, Orange County Sheriff's, City of Yorba Linda, City of Fontana, City of Buena Park, City of Tustin, City of La Palma, City of Fullerton and many others. Our many other clients include; Beverly Hills Unified School District, CA; Pasadena, CA; Los Angeles County Office of Education, CA; Huntington Beach, CA; Riverside, CA; San Bernardino, CA; Redwood City, CA; County of Marin, CA; Palo Alto, CA, among many others. Another defining component that distinguishes ACMS as the industry leader is our focus on providing School Crossing Guard services. We are not a security guard company with a few clients based upon a low-cost offering. Our singular area of service; "School Children Safety" enables all of our resources to be devoted to the development and delivery of programs that provide exceptionally high safety standards and client satisfaction. It should be noted that ACMS has never lost a client agency due to the level of service provided Regional Manager/Project Manager: Michele Busch Michele has been providing supervision and support for ACMS Crossing Guards Programs since 2009 and through this time she has managed over 32 programs with over 250+ locations and 16 different Area Supervisors. Her strong communication and leadership skills have contributed to ACMS being able to provide model crossing guard programs for the cities, agencies and school districts we service. Michele has been a certified School Crossing Guard trainer since 2009 and has managed many successful programs comparable to the City of Santa Ana Crossing Guard program. Please see a listing of some of the programs she has managed that are similar in size and proximity to your program. Matthew Barr; Lieutenant 30111 Crown Valley Blvd. Laguna Niguel, CA 92677 Phone: 949 362 4310 David Dereszyniski; Sergeant 2000 Main Street Huntington Beach, CA 92648 Phone: 714 374 1534 City of Laguna Niguel: - 1 Area Supervisor - 17 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - June 30, 1994 - Current City of Huntington Beach: - 1 Area Supervisor - 30 School Crossing Guards - 15 Alternate/Relief School Crossing Guards - July 1, 2010 - Current Julie Kennicutt; Management Analyst City of Placentia: 1 Area Supervisor 401 E. Chapman Ave. 5 School Crossing Guards Placentia, CA 92870 1 Alternate/Relief School Crossing Guards Phone: 714 993 8200 July 1, 1997 — Current City Council 24 — 80 7/20/2021 Spencer Arnold; Sergeant 870 Santa Barbara Drive Newport Beach, CA 92660 Phone: 949 644 3744 Maria O'Connell; Captain 3201 Katella Ave. Los Alamitos, CA 90720 Phone: 562 431 2255, Ext. 405 City of Newport Beach: - 1 Area Supervisor - 20 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - July 7, 2007 - Current City of Los Alamitos: 1 Area Supervisor 7 School Crossing Guards 3 Alternate/Relief School Crossing Guards - July 1, 2016 - Current Objective: Every program we manage has the same objective and that is to provide a model School Crossing Guard program. This is done by educating students on proper crossing techniques; such as following local traffic regulations and using traffic control devices to ensure safe routes to school for all students and parents in the community. We have accomplished this through our dedication to on -going training, ensuring adequate staffing levels are in place, professional staffing and the years of experience provided by our management team. Challenges: Each program we manage comes with its own set of challenges, which can vary from but not limited to; transitioning from city, agency or district management to private management, becoming familiar with ACMS policies and procedures, coordinating schedule changes from various schools, accommodating guard days off due to medical needs, etc. It is through our detailed training, experience in Crossing Guard Program management and continued employee training that has allowed us to overcome these challenges. Accomplishments: ACMS has been successful in our ability to learn from each set of challenges, issues programs face and articulate those changes and experiences into our training policies and procedures. This ongoing training has allowed us to continue to improve and grow as a company and services provider. Please see an attached listing of some of the recognition ACMS has received over the years. Please see additional references attached. City Council 24 — 81 7/20/2021 References City Council 24 — 82 7/20/2021 h , AM CCIl'ICSY MAMAGEMYM 5M3MCW References for Crossing Guard Services (All listed references are current clients) City of Garden Grove PD (Since 1/2009) Client Contact: Kevin Brody, Captain Address: 11222 Acacia Parkway Garden Grove CA 92840 Phone: 714 741 5819 City of Lake Forrest (Since 612003) Client Contact: Brett Channing, Director Address: 25550 Commerce Ctr Dr Ste 100 Lake Forest CA 92630 Phone: 949 461 3419 City of Stanton (Since 911990) Client Contact: Allan Rigg; Director Address: 7800 Katella Ave. Stanton, CA 90680 Phone: 714 890 4205 Orange County Sheriff's (Since 11/2018) Client Contact: Olivia Prudencio, Admin. Address: 320 N. Flower St. Santa Ana, CA 92703 Phone: 714 834 6687 City of Yorba Linda (Since 8/2009) Client Contact: Tony Wang, Manager Address: P.O. Box 87014 Yorba Linda CA 92885 Phone: 714 961 7184 City of Costa Mesa (Since 9/2006) Client Contact: David Cho, Admin. Address: P.O. Box 1200 Costa Mesa CA 92626 Phone: 714 754 5182 City of Cypress (Since 4/1997) Client Contact: Brain Heally, Sergeant Address: 5275 Orange Avenue Cypress CA 90630 Phone: 714 229 6600 City of Fontana (Since 8/2008) Client Contact: Bob Ramsey, Administrator Address: 9680 Citrus Avenue #9 Fontana CA 92335 Phone: 909 357 5000 City of Buena Park PD (Since 12/2010) Client Contact: Nghia Nguyen, Sergeant Address: 6640 Beach Blvd. Buena Park CA 90621 Phone: 714 562 3943 City of Tustin (Since 812009) Client Contact: Ryan Coe, Sergeant Address: 300 Centennial Way Tustin CA 92780 Phone: 714 573 3219 City of La Palma PD (Since 12/1998) Client Contact: Jim Engen, Captain Address: 7792 Walker Street La Palma CA 90623 Phone: 714 690 3381 City of Fullerton PD (Since 7/2000) Client Contact: Mike Chlebowski, Comdr. Address: 237 Commonwealth Avenue Fullerton CA 92832 Phone: 714 738 6816 1044t fij 6bf 8il Suite * Santa Fe Springs * CA * 90670 * f4101jq§(310) 202 -8284 * FAX (3-ft�Q�J5 Scope of Services City Council 24 — 84 7/20/2021 ACMS General Scope of Services All City Management Services, Inc. will handle the Crossing Guard services for the City of Santa Ana for a minimum term of one year with an option to extend the contract for a an additional one year team. 2. ACMS will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Santa Ana. 3. Crossing Guard Services shall be provided by ACMS at designated locations and times, identified by the City of Santa Ana and ACMS shall provide coverage at the school crossings as required. New locations may be added at the City's request and ACMS will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 4. ACMS Criminal background checks will be completed on all potential employees as allowed by California state law. Successful completion of the fingerprint background check, drug/alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. 5. ACMS mandates that all employees report any criminal charges brought against them immediately. ACMS shall then notify City of Santa Ana. 6. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws and codes pertaining to general pedestrian safety and school crossing areas for states in which services are to be performed. All Crossing Guards shall receive training pertaining to general traffic safety for pedestrians, motorist and themselves while serving as crossing guards. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. City Council 24 — 85 7/20/2021 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. The apparel must be appropriate for weather conditions. 10. ACMS shall be responsible to coordinate with Schools to ensure coverage is being provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than standard scheduled hours. 11. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 12. ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call -out procedures. 13. ACMS will investigate all public complaints concerning Crossing Guard services. All incidents shall be reported to Municipality or School District within two (2) hours to advise of the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of resolution to said complaint. 14. Any employee whose conduct is not satisfactory, as determined by the City of Sana Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. ACMS will conduct all administrative duties associated with the City of Santa Ana Crossing Guard program. City Council 24 — 86 7/20/2021 Implementation Schedule City Council 24 — 87 7/20/2021 City of Santa Ana School Crossing Guard Program (Estimated) Implementation Schedule / Major Milestones Contractor Notification (unofficial) February 23, 2021 City Council Approval Mar. 2nd Contract and Insurance complete (Final Terms agreed to) Mar. 23ro City of Santa Ana Kick -Off Meeting (Santa Ana Staff, ACMS Team) May 2411 ACMS Training Review Meeting(s) with current crossing guards, substitutes (Assignments / schedules confirmed equipment delivered to guards) Jul. 61 _ 9th School designees re -contacted and Monthly Status Meetings agreed to Jul. 191h —Aug. 6th Additional Training/Equipment needs delivered Jul. 26th — 30th Guards re -contacted for assignment readiness Aug. 2nd — 6th Guards on site / Area Supervisor in field for Santa Ana Unified School District Aug. 10th Guards on site / Area Supervisors in field for Orange Unified School District Aug. 18th Guards on site, Area Supervisors in field for Garden Grove Unified School District Aug. 24th 60 Day Review City of Santa Ana / ACMS Team (next Review Meeting scheduled) Oct. 11th City Council 24 — 88 7/20/2021 Fee Proposal City Council 24 — 89 7/20/2021 Appendix ATTACHMENT 2 FEE PROPOSAL FORM COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 111122 Crossing Guard Supervisor Salary (Hourly) $17.00; $18.00effective III COST SI!NIN9ARN(Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $687,967.00 Supervisor Salary (Hourly Rate x estimated annual hours) $35,987.00 Payroll Tax $84,711.00 Workers Compensation $84,708.0D Liability Insurance $19,867.00 Administrative Overhead $106,9".00 Profit $41,589.00 _ TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $1,061,773.00 Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program $1,061,773.00 47,500 hours Total Crossing Guard Billing S22A5 / Hr City Council 24 — 90 7/20&99 1 of 2 Nnn-Fcd Funding (6. L2020) Appendix ATTACHMENT FEE PROPOSAL FORM ***Optional pricing includes additional S5M in liability insurance*** COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM YEAR 1 (2021/2022) HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 1/1122 Crossing Guard Supervisor Salary (Hourly) $17.00; $19.00 effective U1122 COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $687,%7.00 Supervisor Salary (Hourly Rate x estimated annual hours) $ 35,987.01) Payroll Tax $04,711.00 Workers Compensation $84,708.00 Liability Insurance $ 128,645.0 Administrative Overhead $ 106,944.00 Prolit $ 41,5S9.00 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $1,170,551.00* Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program s 1,170,551.00* •Please note our proposed pricing Includes a coal of S82,600.00 for additional liahllity 47,500 hours insurance coverage, should ACNIS be able bsecureaddilional liability insuranceal a lower cost, ACh1S will share the savings with the City of Santa Ana. Total Crossing Guard Billing S 24•64 / Hr City Council 24 — 91 7/20P29@i of Non -Fed Funding (6.1.2020) City of Santa Ana Program Pricing (Option 1) *Please note our proposed pricing includes a cost of $82,600.00 for additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1(2021/2022) • Billing Rate: $24.64 • Program Hours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective 1/l/22 • Supervisor Wages: $17.00; $18.00 effective 1/1/22 Year 2 (2022/2023) • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00* • Guard Wages: $15.00 • Supervisor Wages: $18.00 City Council 24 — 92 7/20/2021 Forms / Addenda City Council 24 — 93 7/20/2021 COST PROPOSAL FORM GENERAL INFORMATION Name of Organization: AU City Management Services, Inc. 2.Organization is: (Check One) Corporation X Association Partnership Sole Proprietor 3. Organization Address and Telephone Number: 10440 Pioneer Blvd., Sulte 5, Santa Fe Springs, CA 90670 4. List the Name, Title and Telephone Number(s) of the Organization's Authorized Representatives: Baron Farwell, President 310 877 7336 demetra Farwell, Corporate Secretary 800 540 9290 6d. 102 These individuals are authorized to sign contracts on behalf of All City Management Services. Inc. 24 — 94 7/20/2021 Appendix ATTACHMENT 4-1: 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 N 2 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 portign thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are caution hat making a f certi 6cation may subject the certifier to criminal prosecution. State of California County of 406 A116�6--s Subscribed and sworn to (or affirmed) before me on this day of—�`IV, 20a' by Al6►eeAtJ , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. fiW AV7,9RV (t /Y/A7/SS101t1 EXTEr170ED RiRSC�H,vl TO Ey6St177A ORD E-9 A/ - 6 3 - ZO dL eN142Z Notary Public Signature LOUIS R. MARTIN COMM. #2161376 z rc Notary Public • California o = Orange Counly hty Corm. Ex ires h 29, 2020� Notary Public Seal City of Santa Ana RFP 20-149 City Council Page A4-24 — 95 7/20/2021 Appendix ATTACHMENT 4-2: NON-LOBRYING 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: 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 offic t:r 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 kderul contract, the malting of any federal grant, the ranking 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 or this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tide 31. U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than SI00,000 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 at l such sub recipients shall certify and disclose accordingly. Firma All City Management Services, Inc. Signed and Printed 'Title Directorof Dtte 1:TM Harlan Sims City Council — 96 7/20/2021 Appendix ATTACHMENT 4-3: 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 cntploymern, 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. 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 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 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 other -wise provided by law. T 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 20-149 City Council - 97 7/20/2021 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 ofsuch 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 M5, 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 consultant of public works violating this Section is subject to all a penalties imposed for a violation of the Chapter. Signed: Title: Director of Marketing Firm; All City Management Services, Inc,. Date: City Council — 98 7/20/2021 MAYOR Vicente Sarmlento MAYOR PRO TEM David Pension COUNCILMEMBERS Phil Became Johnathan Ryan Hernandez Jessie Lopez Nellda Mendoza Thal Vlat Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org (7141647-5619 December 22, 2020 ADDENDUM ONE SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: 1. Add new section to the RFP: Price Adjustments: The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All other terms and c ' ions of the RFP remain unchanged. Edwin "William" Galvez City Engineer SANTA ANA CITY COUNCIL Vkenle eamMnro David Penilpv Thal Vial Phan Jai la Lepez PIIII Bacerra Johnalhan Ryan Hernandez Nellda Mendoaa Mayor �.,_.., ^"" •"' r tll W tle y len aeTpu u-,a�',yrl jlkg4S�ooO alewolcopxfaaen panodeffiGWord CiJl6N'QIB 2#—p"oaVssaAhna"PY2e,*20�,a,IdcCM1m2 MAYOR Vicente Sarmlento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessle Lopez Nelida Mendoza Thal Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, Callfornia 92702 vv wr.santa-ana.oro (7141 647.5619 January 19, 2021 ADDENDUM TWO SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: Replace Page 2 Notice Inviting Proposals with the attached Page 2 Notice Inviting Proposals. The Proposals are now due January 28, 2021. All other terms Edwin "William" Ga City Engineer of the RFP remain unchanged. SANTA ANA CITY COUNCIL Vicente sornfli I{��v @@Ipp��((`�III The Viet Phan Janata Lope¢ 24— 10011 aecerre J"hnaNan Rya7MeGiYJie¢ )21 IJelida Manor. Mayor 9VPV em-VJa32 Word Ward Ward) Wads mnenW6Leanoma ao tloou>, r0aird �a tda tohanOwnhr,ana or n ck2lit onx£4amra amour ON.G�n Ward 6RFj!EAy2i1d£U LYan"�n anyrf85ddo.nna wo pnraMoxo[ircrunn.arw nn NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than JANUARY 28, 2021 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR CROSSING GUARD SERVICES RFP NO. 20-149 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: ZDENEK "ZED" KEKULA Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids and Section I - Introduction/Program Description in this RFP, All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/oortal/portal.cfm?CompanylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City Council page 2` 2- 161 7/20/2021 A zoom EXHIBIT C Appendix ATTACHMENT FEE PROPOSAL FORM ***Optional pricing includes additional S5M in liability insurance*** COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM YEAR 1 (2021/2022) HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 1/1122 Crossing Guard Supervisor Salary (Hourly) $17.00; $19.00 effective U1122 COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $687,%7.00 Supervisor Salary (Hourly Rate x estimated annual hours) $ 35,987.01) Payroll Tax $04,711.00 Workers Compensation $84,708.00 Liability Insurance $ 128,645.0 Administrative Overhead $ 106,944.00 Prolit $ 41,5S9.00 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $1,170,551.00* Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program s 1,170,551.00* •Please note our proposed pricing Includes a coal of S82,600.00 for additional liahllity 47,500 hours insurance coverage, should ACNIS be able bsecureaddilional liability insuranceal a lower cost, ACNIS will share the savings with the City of Santa Ana. Total Crossing Guard Billing S 24•64 / Hr City Council 24 — 103 7/20P29@i of Non -Fed Funding (6.1.2020) City of Santa Ana Program Pricing (Option 1) *Please note our proposed pricing includes a cost of $82,600.00 for additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1(2021/2022) • Billing Rate: $24.64 • Program Hours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective 1/l/22 • Supervisor Wages: $17.00; $18.00 effective 1/1/22 Year 2 (2022/2023) • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00* • Guard Wages: $15.00 • Supervisor Wages: $18.00 City Council 24 — 104 7/20/2021 AGREEMENT TO PROVIDE CROSSING GUARD SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between All - City Management Services, Inc. ("Contractor"), 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 November 24, 2020, the City issued Request for Proposal No. 20-149, by which it sought qualified contractors to provide adult crossing guard services to aid primary school children in the community as they walk to and from school. The crossing guard program is to include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in REP 20-149. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreementwill 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 Contractor shall perform the services described in the scope of work that was included in REP No. 20-149, which is attached as Exhibit A and incorporated in full, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $6,869,996 during the term of this Agreement, including any extension periods. This sum is comprised of (1) the base amount of $6,245,451 and (2) a 10% contingency in the amount of $624,545 for additional services at the City's sole discretion. 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 City Council 24 — 105 7/20/2021 Paae 1 of 8 expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 19. 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for four additional 1-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor 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, Contractor agrees to filly comply with such Prevailing Wage Laws. 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. 5. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in City Council 24 — 106 7/20/2021 Page 2 of 8 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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 $5,000,000 per occurrence, with $10,000,000 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, orequivalent 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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 Contractor pursuant to this section: (i) Contractor 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 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 City Council 24 — 107 7/20/2021 Page 3 of 8 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor or its subcontractors, 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 Contractor 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. Nohvithstanding the foregoing, to the extent Contractor'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 Contractor. Furthermore, notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. City Council 24 — 108 7/20/2021 Page 4 of 8 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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: To City: Clerk of the City Council City of Santa Ana City Council 24 — 109 7/20/2021 Pace 5 of 8 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 Contractor: All -City Management Services, Inc. 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Attn: David Mecusker, Contract Administrator 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 tw-enty-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 Contractor 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 Contractor. 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 Contractor 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 Contractor, Contractor 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 City Council 24 — 110 7/20/2021 Page 6 of 8 Agreement performed by City personnel or by other contractors 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. TERIVIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. 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 Contractor 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. Contractor 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. City Council 24 — 111 7/20/2021 Page 7 of 8 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By; I,(,, JK1m M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR N Title: City Council 24 — 112 7/20/2021 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES & CROSSING GUARD LOCATIONS I. INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A shown in the Appendix Attachment 1, Section VII (page 6 of 8). The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.2 square miles and is the most populous city in Orange County with approximately 340,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of 73 % Hispanic, 12.4% White, 8.7% Asian, 1.3% Black, and 0.3% American Indian, and Eskimo. There are approximately 54,000 students of all ages currently enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. During the 2018--2019 school year, crossing guards worked a total of 47,325 hours providing crossing guard services to the children of our community. Data for the 2019- 2020 and 2020-2021 school year are not provided due to the COVID pandemic which disrupted normal walking and pedestrian activity in March 2020 through the publication date of this REP. All City Management Services currently manages the Adult Crossing Guard Program which consists of 52 crossing guards who provide crossing guard services to 70 locations within the city limits, which are listed in Table A. Oversight was being provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency. All City Management Services also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer. City Council 24 — 113 7/20Y'e®L11 of 8 Non-rcd mding(6.12020) III. SCOPE OF WORK The scope of work consists of out -sourced Adult Crossing Guard Program. The successful contractor shall agree to perform school crossing guard services for the City of Santa Ana and the school districts within the city limits. The scope of work shall include the following: The Contractor will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. Contractors will provide an estimated 47,500 hours per year of crossing guard services by qualified adult crossing guards approved by the City of Santa Ana as shown in Exhibit "A." These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules as they accommodate the academic needs of their students. These modifications in terms of crossing guard trours are included in the estimated 47,500 hours of crossing guard services anticipated to be provided in the 2021-2022 school year / fiscal year. 4. New locations may be added at the City's request and the Contractor will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor will provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. 6. The Contractor will be required to provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, discipline, and termination of employees. Contractor will provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges. 8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who were performing City of Santa Ana Adult School Crossing Guards services if they meet the Contractor's hiring requirements. Those employees shall be hired and retained at an hourly rate that is no less than the amount compensated while previously providing crossing guard services. However, these employees shall be subjected to the personnel rules of the Contractor as it relates to step increases, salary caps, City Council 24 — 114 7/201�024 of 8 Non-Pcd unding (6.1.2020) and continued employment The City of Santa Ana makes no representation of employment adequacy of the previously employed employees. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section Ill, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. If the current employee meets the hiring and retention criteria of the Contractor, they shall be offered employment with the Contractor at their current hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor. The City will staff that position and bill the Contractor for the time spent covering that post in accordance with the Miscellaneous Fee Schedule. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm. 12. Contractor will provide all of the required training for employees selected to be crossing guards. 13. The Contractor shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of moral trupitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check b. A criminal background checks and fingerprint check c. A drug and alcohol screening test d. Social Security verification e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request) 14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5624, within two (2) hours, to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence. Contractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. CitV Council 24 — 115 7/20%821 of 8 Non-Pcd mding(6.1°U20) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS 1. Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. CitV Council 24 — 116 7/201�024 of 8 Non-Pcd u ding(6.r.2020) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS 1. Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. CitV Council 24 — 117 7/20%824 of 8 Non-Pcd u ding(6.r.2020) 3. Subcontractors — Identity any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their invotvement, scope of work, and responsibilities. 4. Contractor Qualifications and Project Experience — The City of Santa Ana is particularly interested in selecting a Contractor that has extensive experience in providing adult crossing guard services to municipalities. Discuss the overall capabilities of the Proposer. Include abrief description of the Proposer's history and recent relevant experience (within the last five years). 5. Cost Proposal— Pricing should be as detailed as practical. Proposals are required to contain complete Cost Proposal Forms as shown in Attachment 2. The cost proposal shall include the cost of the contract while carrying Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) aggregate of Commercial General Liability Insurance. o Overall understanding of the project (20 points) o Qualifications and experience (20 points) o Supervisory personnel's qualifications, experience, time commnitinent (20 points) o Overall quality of the proposal (20 points) o References (20 points) VI. FINANCIAL INFORMATION 1. Submit a copy of your firm's most recently audited, as well as current (reviewed) financial statement. 2. Provide the following information relative to your frrm's claims history for the past five (5) years. A. List all claims, demands for arbitration and/or lawsuits filed by your firm, predecessor company, or company officers against project owners or their agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount B. List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against your firm, predecessor companies, its agents or bonding company. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount City Council 24 — 118 7/201�094 of 8 Non-Pcd mding(6.1°UZU) 5) Current Status 6) Award or Settlement Amount VII. CROSSING GUARD LOCATIONS TABLE A- CROSSING GUARD LOCATIONS Per week Loc Intersection Mon Tues Wed Thurs Fri Total 1 Hazard/West IFOS) SE 3 3 3 3 3 15 2 Fifth ST/Hu lars Ln 3 3 3 3 3 15 3 Newho e/Camile SE 3 3 3 3 3 15 4 Newho e/Kent (SW) 3 3 3 3 3 15 5 Hazard/ Rosita-So (SE) 3 3 3 3 3 15 6 Fifth ST/Rosita (S) 3 3 3 3 3 15 7 Camile/Jackson (SW) 3 3 3 3 3 15 8 Fairhaven/Old Grand (S) 3.25 3.25 3 3.25 3.25 16 9 St. Gertrude/Raitt (SE) 4.75 4.75 4.92 4.75 4.75 23.92 10 Santa Ana/Pacific NE 5 5 5.75 5 5 25.75 11 Fifth St/Pacific (NE) 5 5 5.5 5 5 25.5 12 Center/Borchard E/AM) W/PM 5 5 4.75 5 5 24.75 13 Edinger/Greenville (SE) 5 5 4.75 5 5 24.75 14 Edinger/Center (NAV) 5 5 4.75 5 5 24.75 15 Edinger /Raitt N/W 5 5 4.75 5 5 24.75 16.1 Main/Warner NW 4.75 4.75 4.75 4.75 4.75 23.75 16.2 Main/Warner SE 4.75 4.75 4.75 4.75 4.75 23.75 17 Broadway/Cubbon (SE) 4.75 4.75 4.75 4.75 4.75 23.75 18 Civic Center/English (NE) 4.75 4.75 4.75 4.75 4.75 23.75 19 Santa. Ana/Lac (NE) 4.5 4.5 4.67 4.5 4.5 22.67 20 6th/Lac (SE) 4.5 4.5 4.67 4.5 4.5 22.67 21 Civic Center/Lac E 5 5 5.42 5 5 25.42 22 MacArthur/Raitt St SE 4.75 4.75 4.75 4.75 4.75 23.75 23 Greenville/Pomona (NE) 5 5 4.5 5 5 24.5 24 Main/Walnut (SW) 5 5 4.75 5 5 24.75 25.1 McFadden/Fairview (NE) 4 4 3.5 4 4 19.5 25.2 McFadden/Fairview (SE) 4 4 3.5 4 4 19.5 26 Adams/Raitt (SE) 4.67 4.67 4.67 4.67 4.67 23.35 27 McFadden/Standard (NE) 4.5 4.5 4.5 4.5 4.5 22.5 28 McFadden/Hathaway (NW) 4.5 4.5 4.5 4.5 4.5 22.5 29 McFadden/Pacific 4.75 4.75 5 4.75 4.75 24 30 Willits/Sullivan (NE) 4.75 4.75 4.75 4.75 4.75 23.75 31 Willits/Raitt (NE) 4.75 4.75 4.75 4.75 4.75 23.75 CitV Council 24 - 119 7/201�02h of 8 Non-rcd mding(6.1.2020) 32 Flower/Bishop (SW) 4 4 3.5 4 4 19.5 33 Flo" er/Hi hland (SW) 4 4 3.5 4 4 19.5 34 Hobart/Standard (SW) 5 5 5 5 5 25 35 Edinger/Standard (NW) 5 5 5 5 5 25 36 Olive/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 37 Flower/Wilshire(NW) 4.75 4.75 4.75 4.75 4.75 23.75 38 Central/Halladay(NW) 3.25 3.25 3.25 3.25 3.25 16.25 39 Monte Vista/Raitt (E-AM) (W- PM) 4.75 4.75 5 4.75 4.75 24 40 Chestra t/Halladay (NE) 4.75 4.75 4.75 4.75 4.75 23.75 41 Chestnut/Standard (SW) 4.75 4.75 4.75 4.75 4.75 23.75 42 Bristol/Santa Clara (SW) 4.75 4.75 4.75 4.75 4.75 23.75 43 Santa Clara/Baker (SW) 4.75 4.75 4.75 4.75 4.75 23.75 44 Poplar/Saint Andrew (NE) 4.25 4.25 4 4.25 4.25 21 45 Flower/MacArthur (NE) 4 4 3.75 4 4 19.75 46 Alton/Greenville (SE) 4.5 4.5 4.75 4.5 4.5 22.75 47 Bishop/Standard (NW) 4.75 4.75 4.75 4.75 4.75 23.75 48 Flower/Anahurst (SW) 4.75 4.75 4.75 4.75 4.75 23.75 49 Flower/Warner (SW) 4.75 4.75 4.75 4.75 4.75 23.75 50 Washington/Baker SE 4.75 4.75 4.75 4.75 4.75 23.75 1143.03 Hours per week 1143.03 Days per week 5 Avg hours / day - Scheduled 228.606 Contingency hours / day 30 Total hours / day 258.606 School days per year 183 Hours per year 47,325 School Schedules Santa Ana Unified School District (SAUSD) Traditional Schedule - Schools within the SAUSD assigned to the traditional school schedule operate an average of 183 days per year beginning in August and ending in June. Garden Grove Unified School District (GGUSD) Traditional Schedule - All schools in the City of Santa Ana that are within the GGUSD are assigned to the traditional schedule. Traditional schedule schools are open an average of 183 days per year beginning in September and ending in June. Orange Unified School District (OUSD) Traditional Schedule - Fairhaven Elementary School is the only school in the City of Santa Ana that is governed by the OUSD. The school operates on a traditional schedule with an average of City Council 24 - 120 7/20YNO of 8 Non-rcd mding(6.12020) 181 days per year based on a schedule that begins in August and ending in June. Abbreviations N/E Northeast N/W Northwest S/E Southeast S/W Southwest S.A. Santa Ana Unified School District G.G. Garden Grove Unified School District Org. Orange Unified School District Priv. Private School Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana City Council 24 — 121 7/201�024 of 8 Non-Pcd coding (6.1 2020) EXHIBIT B ��LL CITY 111�11�1�U�;�ti1 'N'1' �I:1Z�1C11. "The Crossing Guard Company" A Proposal for City of Santa Ana Public Works Agency Crossing Guards Services RFP No.: 20-149 January 21, 2021 Presented by 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325 EMERGENCY DISPATCH: 877.363.2267 City Council www.thecrossingggifdJgiipany.com 7/20/2021 Cover Letter / Contract Agreement Statement Firm and Team Experience Understanding of NeedEmu I Relevant Project Experience MMM- References 009- Scope of Services NEW_ Implementation Schedule Financials Fee Proposal I Forms/Addenda Emu -_1 I Ems- Citv --M- 3- Council 7"2&20211 I Ai V ERY" Cover Letter / Contract Agreement Statement City Council 24 — 124 7/20/2021 January 21. 2021 City of Santa Ana Zdenek Kekula Crossing Guard Services RFP No. 20-149 20 Civic Center Plaza, Santa Ana, CA 92701 Dear Mr. Kekula. On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the City of Santa Ana Crossing Guard program. We are proud to have served the community of Santa Ana for the past sixteen (16) years. We have received the Request for Proposal, we have reviewed all RFP requirements, Specifications, Scope of Work, Standard Agreement and Addendums. We agree with the terms and conditions set forth with thee exception of Standard Agreement Item 7a — Insurance, Item -8 Indemnification and Addendum One regarding Price Adjustments. Item 7a — requires General Liability combined single limit coverage of not less than $10,000,000 per occurrence. Our current insurance coverage provides combined single limit coverage of not less than $5,000,000 per occurrence. We would hope to avoid any additional expense to the City and would request the limit to be lowered to $5,000,000 per occurrence. If the limit cannot be lowered, we would need to secure additional coverage. We have included this optional pricing exhibit via optional program pricing. Please see our pricing exhibits. Item 8 pertains to Indemnification and we would request a modification to the language proposed to include shared liability. We have included our preferred language in our response. Addendum One refers to price adjustments being tied to Consumer Price Indices and we would like this language to be removed, as the operational costs associated with a Crossing Guard program are not tied to CPI. If selected to continue services we would like to discuss price increase language that is acceptable to both parties. Our goal is simple, to continue to relieve the City of Santa Ana of the day-to-day responsibilities of managing a Crossing Guard Program. As your full services contractor, we have assumed complete responsibility for the day-to-day operations of the Santa Ana Crossing Guard program. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision, management of the program. We maintain local supervision, alternate guards, a paging system, and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We also establish communication with each school to ensure proper scheduling. We have become the nation's largest provider of private crossing guards as a result of our singular focus to this industry as well development of benchmark training. This includes our "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard of the Year recognition and the Certification Requirements for all ACMS Crossing Guards. City Council 24 — 125 7/20/2021 10440 Pioneer Blvd Suite 5 0 Santa Fe Springs, Ca 90670.310-202-8284. 800-540-9290 0 FAX 310-202-8325 If our proposal is accepted for final selection, ACMS agrees to negotiate in good faith with the City towards a final Agreement containing such material business and legal deal points as we set forth in Proposal. If awarded, the undersigned agree to execute a formal Agreement within ten (10) calendar days following the Notice to Proceed and will deliver to the City prior to the execution of the Agreement, certificates of Insurance and endorsements. ACMS represents that the following person is authorized to negotiate on their behalf with the City in connection with this RFP: Harlan Sims, Director of Marketing 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 800 540 9290, Ext 107 The undersigned certify that they have examined and are fully familiar with all of the provisions of the RFP Documents and are satisfied that said documents are accurate; and that they have carefully checked all works, figures and statements made in the proposal requirements and that we have satisfied ourselves with respect to other matters pertaining to the proposal which in any way affect the work or the costs thereof. The undersigned being cognizant of the pages, documents and exhibits contained herein agree to provide the City with services described in the proposal specifications an agreement documents. We are certainly excited about the possibility of providing Crossing Guard services for the City of Santa Ana once again. If you have any questions, please feel free to contact me at 800 540-9290 Sincerely, David Mecusker Contract Administrator david@thecrossingguardcompany.com City Council 24 — 126 7/20/2021 10440 Pioneer Blvd Suite 5 0 Santa Fe Springs, Ca 90670. 310-202-8284 0 800-540-9290 0 FAX 310-202-8325 NOTE: THE CHANGES BELOW WERE NOT ACCEPTED BY THE CITY Exception Attachment 3; Standard Agreement Suggested Change/Exception: 8 — Indemnification; request to have following language added to section. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 (each, a ..Loss"), which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its 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. In the event that Consultant's proposed duly qualified defense counsel is not reasonably acceptable to the City, tThe 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Furthermore, notwithstanding the foregoing in the event that a court or jury determines that liability with respect to any Loss was caused or contributed to by the negligent act error, omission or willful misconduct of the City, liability will be apportioned between Consultant on the one hand and the City on the other hand with regard to such Loss based upon the parties' respective degrees of culpability, as determined by the court or iury and Consultant's duty to indemnify the City, its officers, agents, employees, contractors special counsel and representatives will be limited accordingly. City Council 24 — 127 7/20/2021 Firm and Team Experience City Council 24 — 128 7/20/2021 COMPANY PROFILE All City Management Services, Inc. (ACMS), is a California based Corporation founded in 1985. We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We currently have over 6,500 employees dedicated to safety, serving cities, towns, communities, schools, and school districts nationwide. One defining issue that distinguishes ACMS is that we are the only company that exclusively provides School Crossing Guard Services. It is our commitment to limiting the scope and focus of the company to School Crossing Guards that has helped us emerge as "The Crossing Guard Company". We have successfully privatized the Crossing Guard programs for over 250+ agencies. Ultimately our clients become the beneficiaries of our single-minded approach toward this industry. The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections. One of the benefits we bring to any from public to private management employment is a key component o understanding of the Crossing Guards success with individual programs is Guards bring to our management. gency is our expertise in overseeing a seamless transition of the program. The continuity of the Crossing Guards' a seamless transition. We value the experiences and currently working in each program we manage. Much of our i result of the experience and knowledge these Crossing With over 34 years of experience, ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision, and safety. Each program we have taken on has brought a unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies, and procedures to benefit all Crossing Guards in all the cities, towns, and communities we service. City Council 24 — 129 7/20/2021 ) R * - ) §m ) )/ a/ ) ] / ) . 0 :1I L (17.i :•1:'i_1(� ;.0111;A l. I:YZ�r ;l� � City of Santa Ana Vice President of Operations Patricia Pohl 310 877 7045 cell Regional Support Manager Kim Brooks 913 333 2563 cell F1 Regional/Project Manager Michele Busch 949 648 4514 cell Area Supervisor(s) Rudy Ramirez 714 763 6352 cell Kathy Clickenbeard 714 800 3818 52 Crossing Guards City Council 24 — 131 7/20/2021 Field Management Personnel The most significant resources ACMS brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. The community of Santa Ana will continue to benefit from a team concept which consists of Area Supervisor, Regional Manager, Regional Support Manager and Vice President of Operations. Each Member of our management team is available 24 hours a day via cellular telephone. The following is a brief synopsis of the respective duties of each. Area Supervisor (Rudy Ramirez / Kathy Clickenbeard): Area Supervisors will continue to handle all aspects of the daily supervision of the program of fifty-two (52) Crossing Guards and alternate pool. With support from the Regional Manager they will typically recruit, hire, train and provide personnel management for all the sites they oversee and will interface with school staff as needed. In addition to communicating with the City and School staff, they are responsible for ensuring each employee receives the proper number of Site Performance Evaluations. The Area Supervisors will be available by telephone on all occasions for discussion with City staff and will be locally available for meetings in person upon 24-hour written or telephonic notice. Area Supervisors will commit eighty-five percent (85%) of their time to the program and they report directly to the Regional Manager. Regional Manager (Michele Busch): Michele will serve as Project Manager and will continue to directly manage your Area Supervisors and provide training and support. She will continue to interface with the City of Santa Ana representative and School staff as needed. She will assist in the hiring of the Crossing Guards as well as the development and implementation of training programs and certification standards. Michele has considerable experience as a Project Manager overseeing many programs in Southern California. She will continue to ensure compliance with Company standards and City of Santa Ana expectations and be the liaison to the City. Michele Busch will commit twenty percent (20%) of her time to the program and reports directly to Regional Support Manager. Regional Support Manager (Kim Brooks): Kim has over 5 years in the industry providing field management and support for ACMS. She is responsible for the development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions. Works directly with Project Manager to ensure all program standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs. Kim Brooks reports directly to Vice President of Operations and will provide additional support as needed. Vice President of Operations (Pat Pohl): Pat has over 26 years of industry experience. She is responsible for overall contract compliance. Works with the Regional Support Manager on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff. Pat will provide additional support as needed. City Council 24 — 132 7/20/2021 Michele Busch 23 Greenbough Leine, CA 92614 T (949) 922-5364- michele.buschQ,cor net EXPERIENCE Regional Manager, All City Management Services; Santa Fe Springs, CA — 2012-present Management of 8 area supervisors and 350 crossing guards in Southern California. Maintain communication with area supervisors; provide feedback, support, guidance and training. Investigate complaints; enforce safety and disciplinary measures. Serve as a liaison to school and city officials and operations management . Assist in the development of new company procedures. Area Supervisor, All City Management Services; Santa Fe Springs, CA — 2oo9-2o12 Managed the crossing guard program for the Newport -Mesa school district. Responsible for the recruiting, hiring, training and supervision of 36 crossing guards. Conducted regular field safety training and maintained a program of high standards. Handled scheduling and payroll; served as a liaison to school officials, city officials and operations management. Owner, Bella Michele Jewelry; Irvine, CA — 2oo5-2o12 Responsible for product development, analysis and marketing. Handled purchasing, bookkeeping, organization of inventory as well as training and management of 4. employees. Created and maintained a large website and online database. Sought out advertising using social media. Executive Director, Cancer Camp Connections; Irvine, CA — 199B-2007 Created a national database of summer camp programs for children with life threatening diseases. Developed from the ground up a 50l(c)3charity; provided leadership in fulfillment of the mission, vision and goals of the organization. Implemented policies and decisions of the Board of Directors. Secured funds and managed budget; sought grant opportunities. Supported and sustained growth; sewed as spokesperson; conducted program planning and development. EDUCATION Gunderson High School, San Jose, CA - 1984, University of Colorado, Boulder; Bachelor of Arts, Social Work- 1989 SKILLS Sarong communication skills. Ability to adapt to difficult and stressful situations. Detail oriented. Capable problem solver. Excellent organizational and leadership skills. City Council 24 — 133 7/20/2021 Kimberly M. Brooks 15607 W. 83rd Street • Lenexa, KS 66219• (913)952-9159 kim@thecrossingguardcompany.com REGIONAL SUPPORT MANAGER Proven advocate for pedestrian safety by effectively administering company policies and procedures to employees. Operations leader that utilizes training and mentoring techniques to develop continuous improvement efforts with Regional Managers toward staff development. Skilled in organizing staff and planning for complete site coverage. Effective in recruiting from various sources and using system planning to align resources. Excellent communicator capable of building relationships with clients, supervisory staff, guards, and internally at any organizational level. ✓ Client engagement ✓ Recruiting & Training ✓ Relationship Builder ALL CITYMANAGEMENT SERVICES ✓ Safety focused ✓ Coaching & Mentoring ✓ Problem -solver Professional Experience Regional Support Manager — May 2020 to Present 2016 to Present • Responsible for overseeing the day-to-day functions of the Regional Manager. • Identify challenge programs in cooperation with Regional Manager. • Oversee Client Relationships. • Assist in the development and transition of new programs. National Advertising and Recruiting Coordinator— February 2018 —May 2020 • Manage advertising and nationally. • Recruit, hire and train Recruiting Coordinators to build relationships within their community. • Collaborate directly with Regional Manager to combat staffing issues within areas directly. • Develop new strategies for recruiting. Regional Supervisor — September 2016 to 2018 • Administer policies through training of supervisory staff and monitoring compliance of guard performance. • Serve as liaison with contracting point of contacts and company to communicate and resolve any operational issues such as site modifications and pedestrian counts. • Oversee programs covering over 200 sites in Kansas, Missouri and Iowa. • Other duties include approving payroll, onboarding and training employees. Area Supervisor — July 2016 to 2018 • Recruit, train and staff crossing guards in the City of Lenexa. • Overall administrative functions for the area. City Council 24 — 134 7/20/2021 Kimberly M. Brooks Page 2 SECURITAS 2015 to 2016 Crossing Guard — August 2015 to May 2016 • Conduct safe crossings for pedestrians. VARIDUSDENTAL PRACTICES 1992 to 2013 Expanded Functions Dental Assistant — 9 years • Expanded functions include placing composite and amalgam fillings, polishing fillings, packing retraction cord, taking impressions for crowns, bite splints, and making temporary crowns. • Working with children that have special needs. • Charting treatment plans and patient chart maintenance. • Dietary, preventive and treatment consultations with patients. Dental Assistant — 12 years • Chair -side duties include assisting in all procedures including fillings, crown preps, root canals and surgical extractions. • Scheduling appointments, creating treatment plans and presenting them to patients. • Supply management, equipment repairs and maintenance. Maintain OSHA standards. Education and Training Johnson County Community College Prerequisites for Dental Hygiene State of Pennsylvania Certificate of Radiology York Vocational Technical School Dental Assistant Technical School City Council 24 — 135 7/20/2021 PATRICIA J. POHL 21896 Red River Drive, Lake Forest, CA 92630.310.877.7045 WORK HISTORY 2010 to present All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, California 90670 Vice President of Operations: Full responsibility for the planning, direction and coordination of all field - based leadership personnel nationwide (250+). Accountable for development and implementation of cost- effective procedures to meet current and future company needs. Responsible for all aspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimum safety standards. 1998 to 2010 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California 90035 Operations Manager: Accountable for management of day-to-day operations of field 50+ area supervisors. Responsible for development, implementation and compliance for all training programs as well as Safety Certification standards for all Crossing Guards. 1994 to 1998 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California 90035 Area Supervisor: Responsible for hiring, training, coordinating and scheduling 45 school crossing guards. Served as company liaison to city governments, school districts and community. 1967 to 1994 Various Management, Sales and Administrative Positions Restaurant Manager, Advertising Sales Account Representative, Executive Assistant, Office Manager: Employment history of repeated promotion to positions of leadership and management based on work ethic and commitment to the success of employer. PROFESSIONAL ASSOCIATIONS Previously invited to serve as the only private sector representative on: California Crossing Guard Training Expert Review Panel Safe Routes to School Technical Assistant Resource Center (SRTS TARC) a project of California Active Communities within the California Department of Public Health (CDPH) Previously retained as Expert Witness and Person Most Knowledgeable in several litigations related to personal injury accidents involving School Crossing Guards. Florida Department of Transportation School Crossing Guard Trainer Certification, currently status; active City Council 24 — 136 7/20/2021 Understanding of Need City Council 24 — 137 7/20/2021 Approach and Management Plan ACMS will continue to provide the agreed to level of service upon contract award and our approach is simply a continuation of our current processes. This includes scheduling, daily site inspections, guard sourcing, hiring and training (when needed) and overall program management and administrative support. We employ a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The Vice President of Operations and Regional Support Manager work together (with input from City of Santa Ana) to establish specific program objectives and expectations. These Senior Managers then work directly with your Regional/Project Manager and Area Supervisors to implement the management plan. The Project Manager along with your local Area Supervisors; has responsibility for the direct management of the Crossing Guards and together they will continue to ensure City of Santa Ana operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decision -making process. This helps reduce confrontational attitudes by establishing and enhancing the common goal of providing for the safety of school children. Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by local Area Supervisors and Project Manager. In addition to verbal training and counseling, these managers are supported by the use Field Training Check Lists, Field Training Cards, Site Performance Evaluations, Independent Field Observations and a professionally produced Crossing Guard Safety DVD. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Santa Ana representative. Background checks and fingerprinting will be completed on all potential employees as allowed by California state law. Successful completion of the background check, drug and alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. After hiring ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management. ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our Employee Manual. Internal minimum passing standards along with City of Santa Ana established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any crime of moral turpitude or a crime against children, including, but not limited to: • Conduct in violation of California Penal Code or which requires registration under California Penal Code • Conduct which requires registration under California Health and Safety Code. City Council 24 — 138 7/20/2021 • Any offense involving the use of force or violence upon another person. • Any offense involving theft, fraud, dishonesty, or deceit. • Any offense involving the manufacture, sales, possession or use of a controlled substance • Conspiracy or attempt to comment any of the aforementioned offenses. • Any registered sex offender or narcotics offender. Summary reports of background clearance on employees within the City of Santa Ana Crossing Guard program will be regularly available to the City. ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to City within two (2) hours to advise the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint. Communications with individual school sites is facilitated by Area Supervisors. Personal visits are made regularly (minimum quarterly) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange. Calendars and bell schedules are obtained for each school both at the beginning of the school year and periodically throughout the year. Key school personnel are supplied with appropriate contact information (business cards) and reminded to inform ACMS of any changes. Additionally, schools are provided with large magnets which can be easily displayed making contact information effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly contact each school and proactively solicit information regarding potential schedule changes. The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it takes for students to walk from a remote location to the school site (or vice versa in the afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns enabling a better understanding of site needs and any potential deviation from established guidelines. ACMS Area Supervisors are in the field daily when crossings are covered by the guards and they ensure all guards arrive on time and are ready for duties as scheduled. ACMS is in the final stages of developing an application (App) that will monitor guard attendance via cellphone and will improve efficiency in our timekeeping. City Council 24 — 139 7/20/2021 Recruitment and Staffing ACMS Managers will continue to assess the staffing needs of the City of Santa Ana on an ongoing basis. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed. We have developed a comprehensive plan for recruitment of new Crossing Guards. As a part of our Staffing strategy, we encourage a very aggressive recruitment program. We utilize soft advertising, local media advertising, targeted flyers, on -site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy. We often work closely with school districts in some of our recruitment drives. Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs. Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance. Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards. ♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards ♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of insuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or show for duty. Supervisor Teams — The City of Santa Ana would benefit from our presence in nearby cities such as: Costa Mesa, Newport Beach, Huntington Beach, Cypress, Laguna Niguel, Los Alamitos, Yorba Linda, Placentia, Fullerton, Stanton, and Orange County Sheriff's. Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share relief guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards. City Council 24 — 140 7/20/2021 Training Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 34 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence. The process begins during the first contact with a potential employee when our phone interview process outlines job expectations and our zero -tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees. Once hired, the training process starts in the classroom where employees review sections of the "Employee Handbook for School Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety". The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employee's progress is closely noted on the detailed steps outlined on the the Field Training Check List to ensure the employees' field competence. This cross -modality approach not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory and kinesthetic learner. While the classroom setting is expected to require approximately two - three hours and the field training approximately two - four hours, it's important to note that the low ratio of students to trainer allows for accurate assessments of the employees readiness to move forward. The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing of a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new employees are required to carry and regularly refer to the Field Training Cards. This pocket - sized card (listing all steps for a safe cross) allows the employee to self -evaluate their performance prior to the time they have all steps of the procedures memorized. Throughout their employment, employees are subjected to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen in both side -by -side sessions as well as unannounced observations without the knowledge of the employee. Prior to the start of every school year guards are re -contacted for assignment readiness and take part in a review/refresher training before the start of the school year. The standard issue equipment and clothing includes: • ANSI II compliant high -visibility retro-reflective vest marked with the required insignia of a Crossing Guard • MUTCD compliant 18" STOP/STOP paddle • Picture Identification Card with emergency contact information • Company -issued cap or visor with corporate logo • Whistle for emergency alert to vehicles and pedestrians • High -visibility ANSI II compliant jacket and/or rain jacket. City Council 24 — 141 7/20/2021 Relevant Project Experience City Council 24 — 142 7/20/2021 Qualifications & Experience Our ability to continue to operate and manage the City of Santa Crossing Guard program is supported by our current success operating the Santa Ana program and with similar programs in Southern California. Some of these programs include: City of Costa Mesa, City of Garden Grove, City of Lake Forest, City of Cypress, Orange County Sheriff's, City of Yorba Linda, City of Fontana, City of Buena Park, City of Tustin, City of La Palma, City of Fullerton and many others. Our many other clients include; Beverly Hills Unified School District, CA; Pasadena, CA; Los Angeles County Office of Education, CA; Huntington Beach, CA; Riverside, CA; San Bernardino, CA; Redwood City, CA; County of Marin, CA; Palo Alto, CA, among many others. Another defining component that distinguishes ACMS as the industry leader is our focus on providing School Crossing Guard services. We are not a security guard company with a few clients based upon a low-cost offering. Our singular area of service; "School Children Safety" enables all of our resources to be devoted to the development and delivery of programs that provide exceptionally high safety standards and client satisfaction. It should be noted that ACMS has never lost a client agency due to the level of service provided Regional Manager/Project Manager: Michele Busch Michele has been providing supervision and support for ACMS Crossing Guards Programs since 2009 and through this time she has managed over 32 programs with over 250+ locations and 16 different Area Supervisors. Her strong communication and leadership skills have contributed to ACMS being able to provide model crossing guard programs for the cities, agencies and school districts we service. Michele has been a certified School Crossing Guard trainer since 2009 and has managed many successful programs comparable to the City of Santa Ana Crossing Guard program. Please see a listing of some of the programs she has managed that are similar in size and proximity to your program. Matthew Barr; Lieutenant 30111 Crown Valley Blvd. Laguna Niguel, CA 92677 Phone: 949 362 4310 David Dereszyniski; Sergeant 2000 Main Street Huntington Beach, CA 92648 Phone: 714 374 1534 City of Laguna Niguel: - 1 Area Supervisor - 17 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - June 30, 1994 - Current City of Huntington Beach: - 1 Area Supervisor - 30 School Crossing Guards - 15 Alternate/Relief School Crossing Guards - July 1, 2010 - Current Julie Kennicutt; Management Analyst City of Placentia: 1 Area Supervisor 401 E. Chapman Ave. 5 School Crossing Guards Placentia, CA 92870 1 Alternate/Relief School Crossing Guards Phone: 714 993 8200 July 1, 1997 — Current City Council 24 — 143 7/20/2021 Spencer Arnold; Sergeant 870 Santa Barbara Drive Newport Beach, CA 92660 Phone: 949 644 3744 Maria O'Connell; Captain 3201 Katella Ave. Los Alamitos, CA 90720 Phone: 562 431 2255, Ext. 405 City of Newport Beach: - 1 Area Supervisor - 20 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - July 7, 2007 - Current City of Los Alamitos: 1 Area Supervisor 7 School Crossing Guards 3 Alternate/Relief School Crossing Guards - July 1, 2016 - Current Objective: Every program we manage has the same objective and that is to provide a model School Crossing Guard program. This is done by educating students on proper crossing techniques; such as following local traffic regulations and using traffic control devices to ensure safe routes to school for all students and parents in the community. We have accomplished this through our dedication to on -going training, ensuring adequate staffing levels are in place, professional staffing and the years of experience provided by our management team. Challenges: Each program we manage comes with its own set of challenges, which can vary from but not limited to; transitioning from city, agency or district management to private management, becoming familiar with ACMS policies and procedures, coordinating schedule changes from various schools, accommodating guard days off due to medical needs, etc. It is through our detailed training, experience in Crossing Guard Program management and continued employee training that has allowed us to overcome these challenges. Accomplishments: ACMS has been successful in our ability to learn from each set of challenges, issues programs face and articulate those changes and experiences into our training policies and procedures. This ongoing training has allowed us to continue to improve and grow as a company and services provider. Please see an attached listing of some of the recognition ACMS has received over the years. Please see additional references attached. City Council 24 — 144 7/20/2021 References City Council 24 — 145 7/20/2021 h , AM CCIl'ICSY MAMAGEMYM 5M3MCW References for Crossing Guard Services (All listed references are current clients) City of Garden Grove PD (Since 1/2009) Client Contact: Kevin Brody, Captain Address: 11222 Acacia Parkway Garden Grove CA 92840 Phone: 714 741 5819 City of Lake Forrest (Since 612003) Client Contact: Brett Channing, Director Address: 25550 Commerce Ctr Dr Ste 100 Lake Forest CA 92630 Phone: 949 461 3419 City of Stanton (Since 911990) Client Contact: Allan Rigg; Director Address: 7800 Katella Ave. Stanton, CA 90680 Phone: 714 890 4205 Orange County Sheriff's (Since 11/2018) Client Contact: Olivia Prudencio, Admin. Address: 320 N. Flower St. Santa Ana, CA 92703 Phone: 714 834 6687 City of Yorba Linda (Since 8/2009) Client Contact: Tony Wang, Manager Address: P.O. Box 87014 Yorba Linda CA 92885 Phone: 714 961 7184 City of Costa Mesa (Since 9/2006) Client Contact: David Cho, Admin. Address: P.O. Box 1200 Costa Mesa CA 92626 Phone: 714 754 5182 City of Cypress (Since 4/1997) Client Contact: Brain Heally, Sergeant Address: 5275 Orange Avenue Cypress CA 90630 Phone: 714 229 6600 City of Fontana (Since 8/2008) Client Contact: Bob Ramsey, Administrator Address: 9680 Citrus Avenue #9 Fontana CA 92335 Phone: 909 357 5000 City of Buena Park PD (Since 12/2010) Client Contact: Nghia Nguyen, Sergeant Address: 6640 Beach Blvd. Buena Park CA 90621 Phone: 714 562 3943 City of Tustin (Since 812009) Client Contact: Ryan Coe, Sergeant Address: 300 Centennial Way Tustin CA 92780 Phone: 714 573 3219 City of La Palma PD (Since 12/1998) Client Contact: Jim Engen, Captain Address: 7792 Walker Street La Palma CA 90623 Phone: 714 690 3381 City of Fullerton PD (Since 7/2000) Client Contact: Mike Chlebowski, Comdr. Address: 237 Commonwealth Avenue Fullerton CA 92832 Phone: 714 738 6816 1044t fij 6bf 8il Suite * Santa Fe Springs * CA * 90670 * f4IONF4(j 10) 202 -8284 * FAX (3-ft�Q�J5 Scope of Services City Council 24 — 147 7/20/2021 ACMS General Scope of Services All City Management Services, Inc. will handle the Crossing Guard services for the City of Santa Ana for a minimum term of one year with an option to extend the contract for an additional four -one year terms. 2. ACMS will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Santa Ana. 3. Crossing Guard Services shall be provided by ACMS at designated locations and times, identified by the City of Santa Ana and ACMS shall provide coverage at the school crossings as required. New locations may be added at the City's request and ACMS will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 4. ACMS Criminal background checks will be completed on all potential employees as allowed by California state law. Successful completion of the fingerprint background check, drug/alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. 5. ACMS mandates that all employees report any criminal charges brought against them immediately. ACMS shall then notify City of Santa Ana. 6. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws and codes pertaining to general pedestrian safety and school crossing areas for states in which services are to be performed. All Crossing Guards shall receive training pertaining to general traffic safety for pedestrians, motorist and themselves while serving as crossing guards. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. City Council 24 — 148 7/20/2021 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. The apparel must be appropriate for weather conditions. 10. ACMS shall be responsible to coordinate with Schools to ensure coverage is being provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than standard scheduled hours. 11. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 12. ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call -out procedures. 13. ACMS will investigate all public complaints concerning Crossing Guard services. All incidents shall be reported to Municipality or School District within two (2) hours to advise of the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of resolution to said complaint. 14. Any employee whose conduct is not satisfactory, as determined by the City of Sana Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. ACMS will conduct all administrative duties associated with the City of Santa Ana Crossing Guard program. City Council 24 — 149 7/20/2021 Implementation Schedule City Council 24 — 150 7/20/2021 City of Santa Ana School Crossing Guard Program (Estimated) Implementation Schedule / Major Milestones Contractor Notification (unofficial) February 23, 2021 City Council Approval Mar. 2nd Contract and Insurance complete (Final Terms agreed to) Mar. 23ro City of Santa Ana Kick -Off Meeting (Santa Ana Staff, ACMS Team) May 2411 ACMS Training Review Meeting(s) with current crossing guards, substitutes (Assignments / schedules confirmed equipment delivered to guards) Jul. 61 _ 9th School designees re -contacted and Monthly Status Meetings agreed to Jul. 191h —Aug. 6th Additional Training/Equipment needs delivered Jul. 26th — 30th Guards re -contacted for assignment readiness Aug. 2nd — 6th Guards on site / Area Supervisor in field for Santa Ana Unified School District Aug. 10th Guards on site / Area Supervisors in field for Orange Unified School District Aug. 18th Guards on site, Area Supervisors in field for Garden Grove Unified School District Aug. 24th 60 Day Review City of Santa Ana / ACMS Team (next Review Meeting scheduled) Oct. 11th City Council 24 — 151 7/20/2021 Fee Proposal City Council 24 — 152 7/20/2021 Appendix ATTACHMENT 2 FEE PROPOSAL FORM COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 111122 Crossing Guard Supervisor Salary (Hourly) $17.00; $18.00effective III COST SI!NIN9ARN(Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $687,967.00 Supervisor Salary (Hourly Rate x estimated annual hours) $35,987.00 Payroll Tax $84,711.00 Workers Compensation $84,708.0D Liability Insurance $19,867.00 Administrative Overhead $106,9".00 Profit $41,589.00 _ TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $1,061,773.00 Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program $1,061,773.00 47,500 hours Total Crossing Guard Billing S22A5 / Hr City Council 24 — 153 7/20&99 1 of Nnn-Fcd Funding (6. L2020) Appendix ATTACHMENT FEE PROPOSAL FORM ***Optional pricing includes additional S5M in liability insurance*** COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM YEAR 1 (2021/2022) HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 1/1122 Crossing Guard Supervisor Salary (Hourly) $17.00; $19.00 effective U1122 COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $687,%7.00 Supervisor Salary (Hourly Rate x estimated annual hours) $ 35,987.01) Payroll Tax $04,711.00 Workers Compensation $84,708.00 Liability Insurance $ 128,645.0 Administrative Overhead $ 106,944.00 Prolit $ 41,5S9.00 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $1,170,551.00* Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program s 1,170,551.00* •Please note our proposed pricing Includes a coal of S82,600.00 for additional liahllity 47,500 hours insurance coverage, should ACNIS be able bsecureaddilional liability insuranceal a lower cost, ACh1S will share the savings with the City of Santa Ana. Total Crossing Guard Billing S 24•64 / Hr City Council 24 — 154 7/20P29@i of Non -Fed Funding (6.1.2020) City of Santa Ana Program Pricing *Please note our proposed pricing includes a cost of $82,600.00 for additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1 (2021/2022) • Billing Rate: $24.64 • Program Hours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective l/l/22 • Supervisor Wages: $17.00; $18.00 effective 1/1/22 Year 2 (2022/20231 • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00* • Guard Wages: $15.00 • Supervisor Wages: $18.00 Year 3 and 4 (2023/2024 and 2024/2025) • Billing Rate: $26.89 • Program Hours: 47,500 • Not to Exceed Price: $1,277,275.00* • Guard Wages: $16.00 • Supervisor Wages: $19.00 *It is our intent to increase wages by $1.00 for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. Year 5 (2025/2026) • Billing Rate: $28.07 • Program Hours: 47,500 • Not to Exceed Price: $1,333,325.00* • Guard Wages: $16.50 • Supervisor Wages: $19.50 *It is our intent to increase wages by .50 cents for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. City Council 24 — 155 7/20/2021 Forms / Addenda City Council 24 — 156 7/20/2021 COST PROPOSAL FORM GENERAL INFORMATION Name of Organization: AU City Management Services, Inc. 2.Organization is: (Check One) Corporation X Association Partnership Sole Proprietor 3. Organization Address and Telephone Number: 10440 Pioneer Blvd., Sulte 5, Santa Fe Springs, CA 90670 4. List the Name, Title and Telephone Number(s) of the Organization's Authorized Representatives: Baron Farwell, President 310 877 7336 demetra Farwell, Corporate Secretary 800 540 9290 6d. 102 These individuals are authorized to sign contracts on behalf of All City Management Services. Inc. 24 — 157 7/20/2021 Appendix ATTACHMENT 4-1: 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 N 2 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 portign thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are caution hat making a f certi 6cation may subject the certifier to criminal prosecution. State of California County of 406 A116�6--s Subscribed and sworn to (or affirmed) before me on this day of—�`IV, 20a' by Al6►eeAtJ , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. fiW AV7,9RV (t /Y/A7/SS101t1 EXTEr170ED RiRSC�H,vl TO Ey6St177A ORD E-9 A/ - 6 3 - ZO dL eN142Z Notary Public Signature LOUIS R. MARTIN COMM. #2161376 z rc Notary Public • California o = Orange Counly hty Corm. Ex ires h 29, 2020� Notary Public Seal City of Santa Ana RFP 20-149 City Council Page A4-24 — 158 7/20/2021 Appendix ATTACHMENT 4-2: NON-LOBRYING 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: 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 offic t:r 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 kderul contract, the making of any federal grant, the ranking 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 or this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tide 31. U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than SI00,000 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 at l such sub recipients shall certify and disclose accordingly. Firm All City Management Services, Inc. Signed and Printed 'Title Directorof Dtte Harlan Sims 1:TM City Council rage A4-14 — 159 7/20/2021 Appendix ATTACHMENT 4-3: 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 cntploymern, 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. 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 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 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 other -wise provided by law. T 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 20-149 City Council — 160 7/20/2021 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 ofsuch 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 M5, 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 consultant of public works violating this Section is subject to all a penalties imposed for a violation of the Chapter. Signed: Title: Director of Marketing Firm; All City Management Services, Inc,. Date: City Council PageA414 — 161 7/20/2021 MAYOR Vicente Sarmlento MAYOR PRO TEM David Pension COUNCILMEMBERS Phil Became Johnathan Ryan Hernandez Jessie Lopez Nellda Mendoza Thal Vlat Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org (7141647-5619 December 22, 2020 ADDENDUM ONE SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: 1. Add new section to the RFP: Price Adjustments: The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All other terms and c ' ions of the RFP remain unchanged. Edwin "William" Galvez City Engineer SANTA ANA CITY COUNCIL Vkenle eamMnro David Penilpv Thal Vial Phan Jai la Lepez PIIII Bacerra Johnalhan Ryan Hernandez Nellda Mendoaa Mayor I-- .,-M, r tl l W tl y len aeTpu yrl Clfill UW�laIRaQIB e' Ward 6 Y evc2A dppdL�I202"a_Id(QyVY_q MAYOR Vicente Sarmlento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessle Lopez Nelida Mendoza Thal Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, Callfornia 92702 vv wr.santa-ana.oro (7141 647.5619 January 19, 2021 ADDENDUM TWO SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: Replace Page 2 Notice Inviting Proposals with the attached Page 2 Notice Inviting Proposals. The Proposals are now due January 28, 2021. All other terms Edwin "William" Ga City Engineer of the RFP remain unchanged. SANTA ANA CITY COUNCIL Vicente sornfli I{��v @@Ipp��((`�III The Viet Phan Janata Lope¢ 24— 1681I aecerre J"hnaNan Rya7MeGiYJie¢ )21 IJelida Manor. Mayor 9VPV em-VJa32 Word Ward Ward) Wads mnenW6Leanoma ao tloou>, r0aird �a tda tohanOwnhr,ana or n ck2lit onx£4amra amour ON.G�n Ward 6RFj!EAy2i1d£U LYan"�n anyrf85ddo.nna wo pnraMoxo[ircrunn.arw nn NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than JANUARY 28, 2021 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR CROSSING GUARD SERVICES RFP NO. 20-149 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: ZDENEK "ZED" KEKULA Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids and Section I - Introduction/Program Description in this RFP, All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/oortal/portal.cfm?CompanylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City Council page 2 7/20/2021 A zoom EXHIBIT C Appendix ATTACHMENT FEE PROPOSAL FORM ***Optional pricing includes additional S5M in liability insurance*** COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM YEAR 1 (2021/2022) HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 1/1122 Crossing Guard Supervisor Salary (Hourly) $17.00; $19.00 effective U1122 COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $687,%7.00 Supervisor Salary (Hourly Rate x estimated annual hours) $ 35,987.01) Payroll Tax $04,711.00 Workers Compensation $84,708.00 Liability Insurance $ 128,645.0 Administrative Overhead $ 106,944.00 Prolit $ 41,5S9.00 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $1,170,551.00* Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program s 1,170,551.00* •Please note our proposed pricing Includes a coal of S82,600.00 for additional liahllity 47,500 hours insurance coverage, should ACNIS be able bsecureaddilional liability insuranceal a lower cost, ACNIS will share the savings with the City of Santa Ana. Total Crossing Guard Billing S 24•64 / Hr City Council 24 — 166 7/20P29@i of Non -Fed Funding (6.1.2020) City of Santa Ana Program Pricing *Please note our proposed pricing includes a cost of $82,600.00 for additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1 (2021/2022) • Billing Rate: $24.64 • Program Hours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective l/l/22 • Supervisor Wages: $17.00; $18.00 effective 1/1/22 Year 2 (2022/20231 • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00* • Guard Wages: $15.00 • Supervisor Wages: $18.00 Year 3 and 4 (2023/2024 and 2024/2025) • Billing Rate: $26.89 • Program Hours: 47,500 • Not to Exceed Price: $1,277,275.00* • Guard Wages: $16.00 • Supervisor Wages: $19.00 *It is our intent to increase wages by $1.00 for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. Year 5 (2025/2026) • Billing Rate: $28.07 • Program Hours: 47,500 • Not to Exceed Price: $1,333,325.00* • Guard Wages: $16.50 • Supervisor Wages: $19.50 *It is our intent to increase wages by .50 cents for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. City Council 24 — 167 7/20/2021 Public Works Agency www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Intent to Award a Solid Waste Franchise Agreement AGENDA TITLE Adopt Resolution of Intent to Award Solid Waste Franchise RECOMMENDED ACTION Adopt a resolution declaring the City Council's intent to hold a public hearing on August 17, 2021 to award a solid waste franchise to one of four proposers, which includes Athens Services, CR&R Environmental Services, Republic Services, or Waste Management. DISCUSSION The City Council is proposing to award a Solid Waste Franchise (Franchise) to one of four proposers, which includes Athens Services, CR&R Environmental Services, Republic Services, or Waste Management on August 17, 2021. The Franchise is for the collection and handling of solid waste generated, produced and/or accumulated in the City of Santa Ana. On August 17, 2021, Council is scheduled to award an agreement between the City of Santa Ana and the successful proposer. Section 1303 of the City of Santa Ana Municipal Code requires that before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour, and place when and where any persons having any interest therein, or any objection to the granting thereof, may appear before the City Council and be heard thereon. The City Council shall direct the Clerk of the Council to publish said resolution at least once within fifteen (15) days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution. At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter, it may grant, or deny, the franchise, subject to the right of referendum of the people. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 25 — 1 7/20/2021 Resolution of Intent to Award a Solid Waste Franchise Agreement July 20, 2021 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution of Intent to Award Solid Waste Franchise Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 25 — 2 7/20/2021 EXHIBIT 1 jmf 7/8/21 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO AWARD A SOLID WASTE FRANCHISE AGREEMENT 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. Section 1300 of the Santa Ana City Charter confers on the City Council authority "to grant franchises or rights or make contracts providing for the furnishing of the City and its inhabitants with transportation, communications, terminal facilities, water, light, heat, power, refrigeration and storage, or any other public utility or service, or using the streets of the City for the operation of plants, works, or equipment for the furnishing thereof, or traversing any portion of the streets of the City for the transmitting or conveying of any such service elsewhere." B. Under Section 1300 of the Charter, the City Council may grant a franchise to any person, form, or corporation, whether operating under an existing franchise or not, and may prescribe the terms and conditions of any such grant. C. As required by Section 1303 of the Charter, before granting any franchise, the City Council must pass a resolution declaring its intention to do so and fixing the time, date, and place for a public hearing at which the matter will be considered. Section 2. Notice is hereby given that on August 17, 2021, at 5:45 p.m. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by the City Council to award a franchise for the collection and handling of solid waste generated, produced, and/or accumulated in the City of Santa Ana to one of the following entities upon the terms and conditions stated in Request for Proposals No. 20-097, dated March 24, 2020, and as further negotiated by the parties: Arakelian Enterprises, Inc. dba Athens Services, CR&R Incorporated, Republic Waste Services of Southern California, LLC dba Republic Services, or Waste Management Collection and Recycling, Inc. dba Waste Management of Orange County. At this time, any and all persons interested in or objecting to the proposed award may appear and be heard. Section 3. The Clerk of the Council is hereby directed to cause this Resolution to be published at least once within fifteen (15) days of its adoption in a newspaper of general circulation in the City. Resolution No. 2021-XXX City Council 25 — 3 7/20/2(fPe 1 o 2 jmf 7/8/21 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. l '- -f�L ohn M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2021. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2021 - to be the original resolution adopted by the City Council of the City of Santa Ana on 12021. Date: Clerk of the Council City of Santa Ana Resolution No.. 2021-XXX City Council 25 — 4 7/20/2d Te 2 of 2 Finance and Management Services www.santa-ana.org/finance Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Ordinance Amending the Cannabis Public Benefit Fund AGENDA TITLE: Consideration of Ordinance Amending the Cannabis Public Benefit Fund Restricted Uses for Additional Youth Services RECOMMENDED ACTION Introduce and conduct first reading of an ordinance amending the Cannabis Public Benefit Fund to provide authority to transfer allocations between youth services and community enforcement activities. DISCUSSION When the City Council adopted an ordinance approving adult cannabis uses in the City and placed a measure on the ballot, asking voters whether to tax the adult cannabis businesses, the City Council asked staff to ensure that the resulting tax revenue would be directed toward providing enhanced youth services and enforcement services. Staff proposed and the City Council adopted Ordinance NS-2959 to set aside cannabis tax revenue for specified services (Exhibit 1). The ordinance created the Cannabis Public Benefit Fund. The existing ordinance provides for the establishment of a Cannabis Public Benefit Fund funded by setting aside two-thirds of Cannabis tax revenue from commercial and retail activities, with one-third for enhanced youth services and one-third for enforcement. Youth services, intended to assist those under 24 years of age, would include, for example, athletic, recreational, health, educational, and human services such as social services or prevention services. Enforcement services would be those services provided by Code Enforcement personnel, the Police Department, and the City Attorney's office to ensure the proper enforcement of all general code and quality -of -life requirements with an emphasis on enforcing violations of the City's cannabis regulations, as well as the Finance Department for collection and audit of cannabis tax. The current ordinance provides that any amendment, suspension or elimination of the Cannabis Public Benefit Fund would require the City Council to take the same steps required to access the General Fund Reserve, including making fiscal emergency findings and a two-thirds vote of the entire City Council. City Council 26 — 1 7/20/2021 Ordinance Amending the Cannabis Public Benefit Fund July 20, 2021 Page 2 The City Council reviewed the Fiscal Year 2021-22 budget and determined the cannabis regulations are successfully enforced, and expressed a desire to allocate a greater share of the Cannabis Public Benefit Fund to youth services. The City Attorney has determined the change will require an amendment to the original ordinance. The new ordinance (Exhibit 2) will allow the City Council to allocate between youth services and enforcement, so long as the total two-thirds set -aside remains in place. In otherwords, the City Council could not reduce the share of Cannabis tax set -aside to the Cannabis Public Benefit Fund without making fiscal emergency findings and a two-thirds vote of the entire City Council. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Based on the current ordinance and the adopted FY 21-22 Budget, the Cannabis Public Benefit Fund will have estimated balances at June 30, 2022 of $412,221 for youth services and $7,576,526 for enforcement activities. Youth Enforcement Balance June 30, 2019 Actual - - FY19-20Set-Aside Actual 4,902,658 3,902,658 Interest Earnings Actual 18,559 18,559 Spending Actual (4,341) (1,826,869) Balance June 30, 2020 Actual $ 4,916,875 $ 2,094,347 FY20-21Set-Aside Estimate 6,033,333 6,033,333 Interest Earnings ActualYTD 47,011 20,025 Spending Budgeted (7,455,659) (3,413,149) Balance June 30, 2021 Estimate $ 3,541,561 $ 4,734,556 FY21-22Set-Aside Estimate 6,508,350 6,508,350 Spending Budgeted (9,637,690) (3,666,380) Balance June 30, 2022 Estimate $ 412,221 $ 7,576,526 If the proposed Ordinance is adopted, the City Council will have the flexibility to shift some or all of the $7,576,526 from enforcement activities to youth services. In addition, the City Council will have the flexibility to change future youth and enforcement spending allocations within the Cannabis Public Benefit Fund. EXHIBIT(S) 1. Ordinance No. NS-2959 2. Proposed Ordinance Submitted By: Kathryn Downs, Executive Director Finance and Management Services Approved By: Kristine Ridge, City Manager City Council 26 — 2 7/20/2021 SRC 11/20/18 ORDINANCE NO. NS-2959 EXHIBIT 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XX TO CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH A CANNABIS PUBLIC BENEFIT FUND THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section XX is hereby added to Chapter 13 of the Santa Ana Municipal Code and shall read as follows: ARTICLE XX.- CANNABIS PUBLIC BENEFIT FUND. Sec. 13-200. - Establishment of the Fund. There is hereby established within the City of Santa Ana the "Cannabis Public Benefit Fund", which shall be two sub -funds, one for Enforcement Services and one for Youth Services, within the City's General Fund (the "Cannabis Fund'). Sec. 13-201.- Purpose. The Cannabis Fund shall be used to fund new or additional Youth Services, as of the date of the fund creation, for City of Santa Ana residents. The Cannabis Fund shall not be used to supplement existing Youth Services. The Cannabis Fund shall also be used to fund community enforcement and code enforcement. Sec. 13-202.- Definitions. For the purposes of this Article, the following words and phrases shall be construed as having the following definitions: Adult Use- shall have the same meaning as that set forth in Santa Ana Municipal Code ("SAMC") section 40-2(2) as may be periodically amended. At the time of adoption of this Article, meaning 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. Commercial Cannabis Activity — shall have the same meaning as that set forth in SAMC section 40-2(9) as may be periodically amended. At the time of adoption of this Article, meaning the cultivation, possession, manufacture, distribution, processing, storing, laboratory, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided for in this Chapter City Council 26 — 3 r inan59 c.�i q. p of 4 [Chapter 40]. Permitted commercial cannabis activities are listed in Land Use Table 40-5 of this Chapter [Chapter 40]. Enforcement Services — any and all services provided by City staff for the prevention, detection, investigation and violations of the City's codes and ordinances intended to prevent public nuisances or activities that are detrimental to the health, safety and welfare of the community. Medicinal/Medical Cannabis- shall have the same meaning as that set forth in SAMC section 40-2(27) as may be periodically amended. At the time of adoption of this Article, meaning 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. Medical cannabis retail is regulated by Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. Operating Agreement- shall have the same meaning as that set forth in SAMC section 40-1C as may be periodically amended. At the time of adoption of this Article, meaning 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 or 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 and type of commercial cannabis business activity taking place at an approved Commercial Cannabis Business. Youth Services- any and all services provided to residents of the City under the age of 24 for athletic, recreational, health, educational, or human services, directly by City staff or through partnerships with third parties. This may include City facility improvements, maintenance and equipment needs related to youth services. Sec. 13-203. - Cannabis Revenue Funding. A. Automatic Deposit of Cannabis Tax Revenues into the Cannabis Fund. The Cannabis Fund shall be funded by an automatic deposit of one-third (1/3) of all cannabis tax revenues generated each year for Enforcement Services and one-third (1/3) of all cannabis tax revenues generated each year for Youth Services, commencing with the Fiscal Year Budget for 2018-20 and continuing thereafter in the budget for each Fiscal Year, from all of the following: 1) Operating Agreements for Commercial Cannabis businesses and 2) Any newly adopted Cannabis Business License Tax. For purposes of this subsection, in addition to the descriptions provided directly above in this paragraph, the phrase "cannabis tax revenues" means all revenues generated from any new or increased cannabis tax which has been approved by the voters of the City on or after the effective date of this Chapter and any increase of the cannabis tax P IjyVUVh`c?T226 — 4 7/20/2021 authorized by the Santa Ana Municipal Code and approved by the City Council. Tax revenue from Medicinal/Medical Cannabis shall not go into the Cannabis Fund. Funds in these sub -funds shall be carried over from year-to-year. B. Discretionary Deposits into Cannabis Fund Not Prohibited. Nothing in this Chapter shall prohibit the City Council, as part of the budgeting process, from contributing additional revenues to the Cannabis Fund, as determined in the City Council's sound legislative discretion. C. Expenditures from the Cannabis Fund. Funds in the Cannabis Fund shall be restricted to 1) Youth Services: expenditures for new, additional or enhanced, as of the date the Cannabis Fund is created, Youth Services for City of Santa Ana residents and 2) Enforcement Services: expenditures for Enforcement Services. Sec. 13-204.- Presentation to City Council. At least two times per year the City Manager shall make a presentation to the City Council and report on the revenue that has been deposited in the Cannabis Fund and expenditures from the Cannabis Fund. Sec. 13-205. - Procedure for Amending, Suspending or Rescinding Ordinance. This ordinance may only be amended, suspended or rescinded by an affirmative vote of at least two-thirds of the City Council after making findings that a structural deficit exists in the same manner as required to access the Economic Uncertainty Account as set forth in the City's Budget and Financial Policy. Section 2. 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. ADOPTED this 4th day of December, 2018. City Council 26 — 5 Ordinance/fyq/�959 age of 4 APPROVED AS TO FORM: By:—"J0hPie oft� Sonia R. Carvalho City Attorney AYES: Councilmembers: Benavides Pulido, Martinez, Solorio, Tinaiero, Villegas (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Sarmiento (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2959 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 4, 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: I �/I ✓w�� �6--P� Maria D. Huizar Clerk of the Council City of Santa Ana Or Pa 1 o buhci 26 — 6 7/20/2021 EXHIBIT 2 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLE XX OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE DISCRETIONARY ALLOCATIONS BETWEEN YOUTH SERVICES AND ENFORCEMENT SERVICES FROM THE CANNABIS FUND THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 13-203 of Article XX of Chapter 13 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 13-203. - Cannabis Revenue Funding. A. Automatic Deposit of Cannabis Tax Revenues into the Cannabis Fund. The Cannabis Fund shall be funded by an automatic deposit of two- thirds (2/3) of all cannabis tax revenues generated each year, commencing with the Fiscal Year Budget for 2019-2020 and continuing thereafter in the budget for each Fiscal Year, from all of the following: 1) Operating Agreements for Commercial Cannabis businesses and 2) Any newly adopted Cannabis Business License Tax. For purposes of this subsection, in addition to the descriptions provided directly above in this paragraph, the phrase "cannabis tax revenues" means all revenues generated from any new or increased cannabis tax which has been approved by the voters of the City on or after the effective date of this Chapter and any increase of the cannabis tax authorized by the Santa Ana Municipal Code and approved by the City Council. Tax revenue from Medicinal/Medical Cannabis shall not go into the Cannabis Fund. Funds in the Cannabis Fund shall be carried over from year-to-year. B. Discretionary Deposits into Cannabis Fund not Prohibited. Nothing in this Chapter shall prohibit the City Council, as part of the budgeting process, from contributing additional revenues to the Cannabis Fund, as determined in the City Council's sound legislative discretion. C. Expenditures from the Cannabis Fund. Funds in the Cannabis Fund shall be restricted to 1) Youth Services: expenditures for new, additional or enhanced, as of the date the Cannabis Fund is created, for Youth Services for City of Santa Ana residents and 2) Enforcement Services: expenditures for Enforcement Services to enforce cannabis regulations and other nuisance laws to improve the quality of life of residents. Specific allocations for Youth Services and Enforcement Services shall be made at the sole discretion of the City Council. Ordinance No. NS-XXX Pagel t9 6ouncil 26 — 7 7/20/2021 Section 2. 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. ADOPTED this day of Mayor APPROVED AS TO FORM //Sonia R. Carvalho// SONIA R. CARVALHO City Attorney Uyd=] Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2021. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2021, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana City Council of 2 City Manager Office www.santa-ana.org/cm Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Sunshine Ordinance Informational Report AGENDA TITLE: Informational Report about Proposed Amendments to the Sunshine Ordinance RECOMMENDED ACTION Accept informational report and provide direction to staff. DISCUSSION About the Sunshine Ordinance In October 2012, the City Council adopted the Sunshine Ordinance, a series of municipal code regulations relating to transparency and accountability. The Sunshine Ordinance is composed of six provisions: Sec. 2-150. - Meetings and agenda postings for city council. To supplement State and other applicable laws relating to publishing public meeting information, this section requires the following: 1. City Council meeting agendas are posted at least 96 hours before any regular City Council meeting. 2. City Council meeting notices are accessible on the City's website in various languages, including Spanish, through the use of free web -based translation application. 3. City Council meeting agendas list future agenda items on major projects. Sec. 2-152. - Plan approval. / Sec. 2-153. - Public input through community meetings prior to discretionary approval. This section imposes community meeting requirements for the following types of development projects: (1) City -sponsored development projects; (2) new residential projects containing 25 or more units with exceptions; (3) new non-residential projects of 10,000 square feet or more and which are subject to a negative declaration, mitigated negative declaration or environmental impact report; and (4) development projects requiring a zone change, Specific Plan amendment, or General Plan amendment. The community meeting requirements are summarized as follows: City Council 27 — 1 7/20/2021 Sunshine Ordinance Informational Report July 20, 2021 Page 2 • The development project applicant shall hold one community meeting no later than 20 days after submittal of an application for administrative site plan review. • The applicant shall provide noticing of the community meeting to all property owners within a 500-foot radius of the property. o The notice shall include the time, place and date of the community meeting, a map depicting the location of the subject property, a brief description of the project, and the applicant's contact information. o The notice shall be written in English and Spanish and include instructions as to how to request language interpretation services. • The community meeting shall be held either on a weeknight during the early evening hours or on a Saturday. The meeting shall be held in any facility that is accessible to the public and that is no more than one mile from the project site. • Should the applicant receive a written request for language interpretation services no later than 48 hours prior to the meeting, the applicant's shall arrange for such services. • During the community meeting, the applicant shall give a presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community, and provide contact information so that members of the public can contact them for further information. The applicant shall also provide enough time for questions and input, and prepare meeting minutes. • Not less than four days following the community meeting, the developer shall submit an affidavit under penalty of perjury that the required community meeting was held in compliance with the Sunshine Ordinance. • Notice of Planning Commission public hearings shall be provided to all property owners within a 500-foot radius of the property. Sec. 2-154. - Access to contracts, bids and proposals. This provision requires the City to make available all Request for Proposals (RFPs) for public inspection. Additionally, RFPs must be available on the City's website from the date the RFP is issued to the day proposals are due. Finally, the City shall notice on the City's website the entity who is awarded a contract, along with the second and third ranked companies, for 30 days after RFP award. Sec. 2-155. - Calendars of certain city officials. This section requires that the Mayor and City Council, City Manager, and members of the City's Executive Management Team maintain and share a monthly calendar, which must be available for public inspection at the Clerk of the Council Office and on the City website. The monthly calendars must be made available on the tenth business day of each month for the prior month. The monthly calendars shall include all scheduled City -related appointments, meetings, including regular and special City Council meetings, meetings with developers, meetings with union representatives, meetings with consultants, meetings with lobbyists, regional meetings, and meetings of subcommittees or task forces. City Council 27 — 2 7/20/2021 Sunshine Ordinance Informational Report July 20, 2021 Page 3 Sec. 2-156. - Access to lobbyist information. This section requires the City to provide access, and a link on the City's website, to the following forms: Recipient Committee Campaign Statement (Form 460), Behested Payment Report (Form 803), and Statement of Economic Interests (Form 700). Sec. 2-157. - Public meetings related to city five-year strategic plan and annual budget. This provision requires that each February (but before March 31) and September (but before October 31), staff shall strive to host a community meeting in preparation of the annual budget. Additionally, this provision requires that every five years, the City Manager shall prepare and submit to the City Council a strategic plan setting forth the City's mission, core values, five year goals, detailed measurable objectives, and key performance measures. To prepare the strategic plan, the City Manager is required to conduct a public meeting for the public to review the draft plan. Finally, the City Manager is required to host annual public meetings to present the strategic plan once it is approved by the City Council. Amendments to the Sunshine Ordinance in June 2013 In June 2013, the City Council amended the Sunshine Ordinance to change the timelines contained in the provisions of the ordinance: the date of the submittal and annual review of the City's five-year strategic plan, the annual budget meeting dates, and the date for the monthly posting of the calendars of public officials. May 2021 City Council Discussion to Consider Amending the Sunshine Ordinance In May 2021, City Council directed staff to research proposals to amend the Sunshine Ordinance as follows: • Add one additional community meeting for City -sponsored development projects. • Increase noticing requirement for City -sponsored development projects from addresses within a 500-foot radius of the subject property to a 2,000-foot radius, as well as informing renters and homeowners. • Require Nixle notifications when fulfilling noticing requirements for City -sponsored development projects. • Require lobbyists to register with the City Clerk. • Continuing the deliverance of City Council meetings in the digital format and allow virtual participation of residents. • Publish public meeting agendas seven days in advance. Staff assessed each proposal to determine the feasibility of implementation of each. An overview of each proposal is provided below and includes the budgetary aspects of the proposed provisions, as well as the benefits that they would offer in improving the Sunshine Ordinance. City Council 27 — 3 7/20/2021 Sunshine Ordinance Informational Report July 20, 2021 Page 4 Proposed Changes to the Sunshine Ordinance Add one additional community meeting for certain development projects, which would require a total of two community meetings. The cost associated with requiring a second community meeting varies, and principally includes the staff time associated with coordinating the meeting. Funding to support the staffing requirements for these types of meetings are supported by existing personnel budgets for various departments. There is no fiscal impact associated with this proposal. Increase noticing requirement for certain development projects from addresses within a 500-foot radius of the subject property to a 2,000-foot radius, as well as informing tenants that rent and not solely the homeowners. If the City were to amend the Sunshine Ordinance to require a development project applicant to send mailed notices of community meetings to homeowners and renters who live within a 2,000-foot radius of the subject property (as opposed to the current requirement of only sending mailed notices to homeowners within a 500-foot radius of the subject property), the number of notices would increase significantly —and vary significantly depending on the location. The cost to send mailed notices is borne by the applicant. As such, there is no fiscal impact for the City. Require Nixie notifications when fulfilling noticing requirements for City - sponsored development projects. There is no cost for using Nixle, a digital communications tool, to send digital notices for community meetings associated with community meetings for certain development projects. However, Nixle is a specific digital communications tool and will likely not be in use to send digital communications for general purposes in the future. The City is in the process of acquiring technology appropriate for community engagement. Staff recommends that the City Council consider removing the specificity of "Nixie" notifications and replacing it with "digital' notifications. Require lobbyists to register with the Clerk of the Council. The City uses NetFile, a digital tool to assist users with filing campaign finance and related forms/reports, including Recipient Committee Campaign Statement (Form 460), Behested Payment Report (Form 803), and Statement of Economic Interests. NetFile offers a lobbyist disclosure filing module, a subscription -based software that costs approximately $10,000 annually. The City Council may amend the Sunshine Ordinance to define lobbyist disclosure requirements or adopt a lobbyist ordinance for the Clerk of the Council to administer. Continue to host hybrid virtual/in-person City Council meetings. The main associated cost with this provision is maintaining and renewing the annual Zoom license fee, which is $360. Information Technology and Clerk of the Council Office staff would administer the meetings using existing staffing. City Council 27 — 4 7/20/2021 Sunshine Ordinance Informational Report July 20, 2021 Page 5 Publish public meeting agendas seven days in advance. State law requires that public meeting agendas for regular meetings, such as regular City Council meetings, be published at least 72 hours (or three days) prior to the meeting start time. The Sunshine Ordinance, in its current form, requires that regular City Council meeting agendas be published 96 hours (or four days) prior to the meeting start time. If the City Council were to amend the Sunshine Ordinance to require regular City Council meeting agendas to be published seven days in advance, there would be no direct cost associated with the change in publishing time. However, each City department that submits agenda items, along with departments who facilitate the agenda process (particularly the Clerk of the Council Office, City Manager's Office, and Finance Department) would be required to revise their workflow and associated processes with preparing agenda items so as to anticipate the additional lead time that would be required to publish the City Council meeting agendas. Additionally, while the Clerk of the Council does not anticipate issues with revising and amending the City Council meeting agendas between the proposed publishing date, if changes are required between the proposed publishing date and the City Council meeting date, additional staff time would be required to prepare revisions and supplemental agenda items. Further, depending on the frequency of such revisions, it could make it difficult for users to navigate the agenda management interface on the City website (i.e., users may struggle with finding agenda items because of the increase in the number of documents that would be listed in the agenda management interface). Next Steps At this time, staff seeks direction from the City Council on assessing the proposed revisions to the Sunshine Ordinance. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 27 — 5 7/20/2021 City Manager Office www.santa-ana.org/cm Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Rainbow Crosswalks in Downtown Santa Ana AGENDA TITLE: Informational Report regarding the Installation of Rainbow Crosswalks in Downtown Santa Ana RECOMMENDED ACTION Accept informational report and provide direction to staff. DISCUSSION About Pride Month The month of June is currently celebrated as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month to honor the 1969 Stonewall Uprising in Manhattan, New York. Beginning on June 28, 1969, the Stonewall Uprising consisted of six days of protests by residents against the New York Police Department that began on June 28, 1969 after police raided the Stonewall Inn, a gay club in Greenwich Village. These protests were seen as the tipping point of the gay rights movement, as gay Americans in the 1950s and 1960s were perceived to be constantly targeted by an anti -gay legal system. Within weeks of the initial uprising, residents of Greenwich Village organized activist groups that made efforts to establish places for gay individuals to practice newfound openness with their sexual orientation. The Stonewall Uprising sparked a turning point for the advocating of gay rights, and the following year on June 28, 1970 gay pride marches took place in New York, Los Angeles, and San Francisco to commemorate the beginning of the movement. Thus, Pride Month recognizes the impact that the LGBTQ community has had on history locally, nationally, and internationally, with a focus on the hardships the gay community has endured throughout our nation's history. About the Rainbow Flag The Rainbow flag was created by artist Gilbert Baker in 1978 and rose to prominence as a symbol of LGBTQ pride and LGBTQ social movements. The rainbow colors reflect the diversity of the LGBTQ community and the spectrum of human sexuality and gender. The flag's design has undergone several revisions since its debut, first to remove colors then City Council 28-1 7/20/2021 Rainbow Crosswalks in Downtown Santa Ana July 20, 2021 Page 2 restore them based on availability of fabrics. Baker's first rainbow flag had eight colors, though the most common variant consists of six: red, orange, yellow, green, blue, and violet. LGBTQ individuals and allies use rainbow flags and many rainbow-themed items and color palettes as an outward symbol of their identity or support. As is described in the sections below, entities such as governments use these colors to show support for or commemoration of the Pride Month and the LGBTQ community. The City of Santa Ana displays the rainbow flag at City Hall each year, from May 22 through June 30, in commemoration of Harvey Milk Day and Pride Month. Rainbow Crosswalks In June 2021, a constituent contacted the City regarding a request to install rainbow crosswalks in Downtown Santa Ana to commemorate Santa Ana's LGBTQ community. The constituent noted how efforts are made by cities and organizations to celebrate the LGBTQ community during Pride month, but stated that not much is done to continue this celebration of a historically oppressed group beyond the month of June. While the City does not paint or otherwise design crosswalks in response to a request from a member of the public, the City may choose to, on its own, paint or design a crosswalk as an expression of the City's own sentiments. As such, staff presents to the City Council an opportunity to consider painting one or more crosswalks in rainbow colors for the City to commemorate the LGBTQ community. Rainbow crosswalks have been implemented in cities nationwide, including Atlanta, GA, Long Beach, CA, San Francisco, CA and West Hollywood, CA. More Information on each of these cities' installation is provided below. City Council 28 — 2 7/20/2021 Rainbow Crosswalks in Downtown Santa Ana July 20, 2021 Page 3 In 2015, the City of Atlanta chose to paint the intersection of 101h Street and Piedmont Avenue, known by locals as a largely gay community, rainbow colors to signify a sign of unity during Atlanta Pride Week. In 2017, the Atlanta City Council made the decision to make the painted crosswalks permanent, doing so on the one-year anniversary of the Pulse Nightclub Massacre. The cost of the entire project was $196,000, which included permits, lane closures, and the cost of staff time needed to direct traffic. The city used thermal plastic tiles instead of paint, with a life expectancy of 10 years. The project was paid for by the City's transportation funds and represents three -tenths of one percent of the city's transportation budget. This number does not include the annual maintenance of the project, which is subject to the city's discretion. The project followed city policy guidelines and did not conflict with the MUTCD requirements because of the inclusion of the white limit lines on the crosswalks. Long Beach California The City of Long Beach painted four corridors in a rainbow colorway along the Broadway Corridor intersections with Junipero, Cherry, Falcon, and Orange Avenues in 2015. These corridors are located within Alamitos Beach, one of the city's well-known gay communities. The cost of the entire project process was $31,000, which includes the cost of installation for each individual crosswalk and the traffic control. The sole cost for the installation of the painted crosswalk was $6,759, with the rest of the budget being dedicated to traffic control as the chosen intersection experiences heavy traffic. The budget for this project was fully funded through State funding, with the monies being allocated from the city's gas tax fund. City Council 28 — 3 7/20/2021 Rainbow Crosswalks in Downtown Santa Ana July 20, 2021 Page 4 Figure 3: Rainbow Crosswalks in San Francisco, CA The City and County of San Francisco painted four crosswalks in a rainbow colorway in the Castro District, one of the city's most well-known gay communities. The entire project was privately funded through donations from the Castro/Upper Market Community Benefits District as part of a larger streetscape project. The total cost of the project was $37,500. The local transportation agency, the San Francisco Municipal Transportation Agency (SFMTA) and the City Traffic Engineer approved the project, despite hesitancy from the Federal Highway Administration. The City Engineer determined that since the rainbow colors of the crosswalk are not considered part of the safety or traffic control measures of the crosswalk, no experimental approval was needed as an exception to the MUTCD. To further detail and guide the project and future decorative crosswalk treatments, in 2014 the SFMTA updated their Crosswalk Guidelines to include a section titled "Decorative Crosswalk Paving". This updated section includes the following: • Clarification on the types of the decorative treatments that are acceptable, based on FHWA guidance • Clarification of the use of continental crosswalk markings with the decorative pavement per the SFMTA's marked crosswalks policies • Clarification of the SFMTA's responsibility for crosswalk maintenance where decorative crosswalks are installed City Council 28 — 4 7/20/2021 Rainbow Crosswalks in Downtown Santa Ana July 20, 2021 Page 5 ;Am 40 Qft 9 \ Figure 4: Rainbow Crosswalks in West Hollywood, CA In 2012, the City of West Hollywood painted two rainbow crosswalks on San Vicente Boulevard, at the intersection with Santa Monica Boulevard. The total cost of the project was $70,000, with the city opting to use thermos -plastic technology that would allow for a more durable fixture. The cost covered the industrial water -based paint, labor, lane closures, touch-ups as needed for the first year, paint removal, and clean-up. The city engineer and Caltrans approved the treatment and use of State funds with no exception to MUTCD requirements needed because of the inclusion of the white limit lines on the crosswalks. West Hollywood's interpretation of the MUTCD regulations is that they do not expressly exhibit roadway treatments with varying colors and patterns as long as the limit line is included in the treatment for safety. Request for Rainbow Crosswalks in Downtown Santa Ana The Public Works Agency provided an estimate on the cost of installing rainbow crosswalks: • It will cost approximately $8,000 to install one rainbow crosswalk leg. If there are four crosswalks at an intersection and all four crosswalks are to be painted with rainbow crosswalks, it will cost approximately $32,000 to paint all four crosswalks. • If there is more than one crosswalk at a particular intersection, staff recommends that all the marked crosswalks at the intersection be painted rainbow colors to match. City Council 28 — 5 7/20/2021 Rainbow Crosswalks in Downtown Santa Ana July 20, 2021 Page 6 • The $8,000 cost estimate includes a durable application material that lasts longer than traditional paint. • Staff has identified the crosswalks on Broadway at 2nd Street as a possible location to install rainbow crosswalks. • The design would need to comply with the California Manual on Uniform Traffic Control Devices (CA MUTCD) requirements, which, among other specifications, require that the white outer lines remain. • The installation is expected to last three to five years, with a yearly maintenance cost estimate of $1,500. Next Steps At this time, staff requests direction from the City Council relating to a proposal to install rainbow crosswalks in Downtown Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 28 — 6 7/20/2021 City Manager Office www.santa-ana.org/cm Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Revive Santa Ana Spending Plan AGENDA TITLE: Approve the $80,012,101 Revive Santa Ana Spending Plan and Appropriate Federal American Rescue Plan Act (ARPA) Funding RECOMMENDED ACTION 1. Approve the $80,012,101 Revive Santa Ana Spending Plan to protect and revive our community as we emerge from the impacts of the COVID-19 pandemic. 2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID-19, including authorization for the City Manager to move appropriated money between spending plan line items to reflect evolving federal guidelines and individual program popularity. DISCUSSION The Revive Santa Ana Spending Plan was presented to the City Council for approval at the July 6, 2021 meeting and the City Council voted to continue the item to the July 20, 2021 Council meeting. Following the July 6 meeting, staff met with members of the City Council individually to review the plan in greater detail. The fiscal impact and Exhibit 1 of the staff report have been updated to reflect further direction staff received from the City Council. In summary, the following changes were made: • Increased Mental Health Recovery from $750,000 to $1,000,000 • Increased Early Childhood Support from $500,000 to $1,000,000 • Increased After -School / Youth Sport Programs from $300,000 to $500,000 • Expanded Project Scope of Parking Structure Improvements to Include Safety Enhancements and increased project amount from $500,000 to $1,000,000 • Reduced Reserve for Revenue Loss Allocation from $10,430,000 to $8,980,000 • Changed the lead agency for the COVID-19 Memorial Project from CMO to CDA • Changed from a single lead agency for Youth Violence / Sexual Assault Intervention to a collaboration between PRCSA and PD City Council 29 — 1 7/20/2021 Revive Santa Ana Spending Plan July 6, 2021 Page 2 Staff recommends that the City Council approve the revised Revive Santa Ana Spending Plan. Background The American Rescue Plan Act (ARPA) of 2021 is the latest COVID-19 stimulus package approved by the U.S. Congress and signed into law by President Biden. ARPA is a $1.9 trillion economic stimulus bill. Within ARPA, the Coronavirus State and Local Fiscal Recovery Fund provides $350 billion in direct funding for states, municipalities, counties, tribes, and territories, including $130.2 billion for local governments split evenly between municipalities and counties. Of this, the City of Santa Ana is expected to receive $128,360,813. The City has received its first of two payments from the U.S. Department of the Treasury, in the amount of $64,180,000. Coronavirus State and Local Fiscal Recovery Fund The Coronavirus State and Local Fiscal Recovery Fund provides a substantial infusion of resources to help turn the tide on the COVID-19 pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery. The purpose of the use of these funds are as follows: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control. • Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs. • Support immediate economic stabilization for households and businesses. • Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic. The Coronavirus State and Local Fiscal Recovery Fund provides substantial flexibility for each local government to meet local needs —including support for households, small businesses, impacted industries, essential workers, and the communities hardest hit by the pandemic. These funds can be used to make necessary investments in water, sewer, and broadband infrastructure, among other uses. As a recipient of these funds, the City has been working diligently to find the best way to use the City's allocation of the Coronavirus State and Local Fiscal Recovery Fund. To that end, the City created Revive Santa Ana, a community engagement initiative and spending plan to use the expected $128,360,813 in federal funding. Revive Santa Ana Spending Plan City staff launched the Revive Santa Ana Spending Plan mid -March 2021, referring to the City's direct allocation as "Revive Santa Ana" funding. The spending plan includes five expenditure categories: • Recovery from the Pandemic: o Public Health Equity, expansion of critical communication methods, sanitization, emergency response, mental health recovery, and a COVID- 19 memorial, support services for COVID-19 response City Council 29 — 2 7/20/2021 Revive Santa Ana Spending Plan July 6, 2021 Page 3 • Direct Assistance Programs: o Rental assistance, housing vouchers, food supply/distribution, business and non-profit assistance, early childhood support, daycare and head start, after -school programs, youth violence, sexual assault intervention, technology skill courses, direct resident assistance • Public Health and Safety: 0 5k Run, additional green/open space, healthy food access, property compliance programs, rapid response homeless services, park restrooms, increased security for parks and community centers, First Street safety enhancements • Critical Infrastructure: o Broadband access, community center renovations, transformation of Central Library to support early childhood learning, expansion of library accessibility, IT and process upgrades, streetlights, storm drain gates, parking structure improvements • City Fiscal Health: o Legal support services, contract management, unemployment fund / paid leave reimbursement, accounting and compliance for federal funding, reserve for revenue loss allocation Community Engagement The first engagement opportunity was a community budget meeting on March 25, 2021, whereby community members were able to give input on the proposed spending plan. Additionally, the City launched a community feedback survey, available in English, Spanish, and Vietnamese, to gauge the community's thoughts on how the City should spend its Revive Santa Ana funding. The survey was available online and was distributed on the City's digital communications channels. Additionally, print surveys were available and shared at the City's main library and at City Hall. In total, 1,579 responses were collected. The findings of the survey were shared with the City Council. Separately, the City Council discussed Revive Santa Ana at several public meetings, including on March 16, May 18, May 24, June 1, and June 3, 2021. Several iterations of the Revive Santa Ana Spending Plan have been shared and discussed, whose changes reflect discussions by the City Council, comments from community members, and changing guidance from the U.S. Department of the Treasury relating to how the funds could be expended. Appropriation of Funds Below are the final Revive Santa Ana Spending Plan allocations for each of the proposed expenditure categories for the first allocation (for FY 2021-22): City Council 29 — 3 7/20/2021 Revive Santa Ana Spending Plan July 6, 2021 Page 4 Expenditure Category Amount Recovery from the Pandemic $5,400,000 Direct Assistance Programs $26,832,101 Public Health and Safety $16,350,000 Critical Infrastructure $21,250,000 City Fiscal Health $10,180,000 Total $80,012,101 Staff recommends that the City Council approve the $80,012,101 Revive Santa Ana Spending Plan, and appropriate the City's primary ARPA allocation of $64,180,000 (first tranche only). The appropriation recommendation for the $14,026,593 Emergency Rental Assistance Program was approved by the City Council at the July 6, 2020 meeting. The remaining $1,805,508 of the $80,012,101 spending plan is for federal housing vouchers, scheduled for City Council consideration is in a separate staff report on this same agenda. Staff anticipates the spending plan will evolve, as the U.S. Department of Treasury is continually updating the spending guidelines and program popularity and use will affect spending priorities. Similar to the spending authorization for the Coronavirus Aid, Relief and Economic Security (CARES) Act, staff requests the City Council grant authorization to the City Manager to shift money between line items within the spending plan. The City Manager will not have the authority to increase or decrease the overall appropriation. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Multiple departments will manage the various spending initiatives, and accounting units have been set-up accordingly in the new ARPA special revenue fund 181 to account for $64,180,000 of expenditures. Department Account Number Amount City Attorne 's Office 18108013-6XXXX $500,000 City Manager's Office 18103013-6XXXX 4,200,000 Community Development 18118013-6XXXX 10,200,000 Finance 18110013-6XXXX 11,180,000 Information Technology 18120013-6XXXX 5,500,000 Library 18111013-6XXXX 9,000,000 Parks and Recreation 18113013-6XXXX 13,850,000 Planning and Building 18116013-6XXXX 1,000,000 Police 18114013-6XXXX 500,000 Public Works 18117013-6XXXX 8,250,000 City Council 29 — 4 7/20/2021 Revive Santa Ana Spending Plan July 6, 2021 Page 5 First Tranche of Primary Allocation 1 1 $64,180,000 EXHIBIT 1. Revive Santa Ana Spending Plan Submitted By: Kathryn Downs, Executive Director Finance and Management Services Approved By: Kristine Ridge, City Manager City Council 29 — 5 7/20/2021 Planning and Building Agency www.santa-ana.org/pb Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings AGENDA TITLE: Resolution Affirming the Fiscal Year 2020-2021 Dangerous and Abandoned Buildings Program Report and Authorizing the Transmittal of Uncollected Dangerous and Abandoned Building Charge in the Amount of $59,313.79 to the Office of Auditor Controller, County of Orange (Non -General Fund) RECOMMENDED ACTION Adopt a resolution affirming the Fiscal Year 2020-2021 Dangerous and Abandoned Buildings Program Report and authorizing the transmittal of uncollected Dangerous and Abandoned Buildings charge in the amount of $59,313.79 to the office of Auditor -Controller, County of Orange. DISCUSSION The City's Dangerous and Abandoned Buildings (DABS) Program is an effective tool in abating unsecured and abandoned structures that are not properly maintained. When not properly maintained and secured, such properties become an attractive nuisance and harbor illicit and transient activities. Depending on the urgency and immediate threat to public safety, life, and property, a violating property owner is given between two to 30 days to abate the violations. Pursuant to the Santa Ana Municipal Code, the City provides proper notice, and advises each violating property owner of the need to address the violations. Upon the failure of a property owner to comply and address the violations, the City proceeds with abatement through its contractor. Abatement actions by the City range from the removal of trash and debris and fencing of a property to board -up of an abandoned structure, and in an exigent circumstance, demolition of an unsafe structure. After abatement, the Finance and Management Services Agency bills the owner for all abatement costs until the balance has been paid in full. The amount invoiced includes City -approved contractual services providing board -up services, security, and recovery of City staff time. Each year, the City finds it necessary to exercise legal recourse in order to recover the uncollected costs expended for abatement of dangerous buildings and against reluctant City Council 30-1 7/20/2021 Recovery of Uncollected July 20, 2021 Page 2 Costs for Abatement of Dangerous and Abandoned Buildings property owners. This year, the outstanding charge for work performed on eight individual addresses is $59,313.79. Exhibit 1 provides parcel numbers and total assessment amount; the property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor/Controller in order that they may be placed as a lien on the County's property tax rolls. After adoption of the attached resolution (Exhibit 3), the charges will be submitted to the County of Orange to initiate this process. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The recovered charge will result in an estimated $59,313.79 deposited in the Special Repair and Demolition Fund (Account No. 12116002-53507). Fiscal Year Accounting Unit- Fund Account Unit, Amount Account# Description Account Description FY 21-22 12116002-53507 Special Repair Special $59,313.79 and Demolition Repair/Demolition Fund EXHIBIT(S) 1. Parcel Assessment Amount 2. Property Owner Listing 3. DABS Resolution Submitted By: Minh Thai, Executive Director Approved By: Kristine Ridge, City Manager City Council 30 — 2 7/20/2021 Ana 2021 EXHIBIT 1 AC621-05A — Form 132 Special Assessment Add Transactions Jurisdiction 061 Santa Type of Tax C=2 Date August 20, PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 109-266-19 $ 5,479.16 014-151-10 $ 10,931.09 405-114-13 $1837.87 198-161-25 $14,562.60 144-291-05 $2380.67 007-311-07 $6429.90 188-083-10 $10,045.47 002-102-18 & 32 $7647.03 TOTAL $ 59,313.79 City Council 30 — 3 7/20/2021 EXHIBIT 2 PROPERTY OWNER LISTING FISCAL YEAR 2020-2021 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Kassabian, LLC 429 Santa Monica Blvd., AP# 109-266-19 Suite 360 $ 5,479.16 1442 S. Bristol Santa Monica, CA 90401 Mcfadden Shopping Center 1210 E McFadden #B AP# 014-151-10 PO Box 15033 $ 10,931.09 Newport Beach, CA 92659 Cuong N. Pham Hanh M. Nguyen 1020 N. Raitt 405-114-13 1020 N. Raitt Street $1837.87 Santa Ana, CA 92703 Tuyet LLC 3629 W. 5th Street 198-161-25 PO Box 4425 $14,562.60 Downey, CA 90241 MHBC LLC 3647 W. McFadden 144-291-05 1960 E. Grand Ave $2380.67 Suite 380 El Segundo, CA 90245 Diem Ngo 2056 W. Civic Center 007-311-07 15911 Plumwood Street $6429.90 Westminster, CA 92683 Thuong V Le Thien-Thanh T. Loi 931 S. Newhope 188-083-10 931 S. Newhope $10,045.47 Santa Ana, CA 92704 City Council 30 — 4 7/20/2021 brs 6.10.21 RESOLUTION NO. 2021-xx A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE 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. The City's Dangerous and Abandoned Buildings (DABS) Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board -ups and/or demolition. B. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing property and/or demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. C. The Executive Director of the Planning and Building Agency has given notice of the public hearing as required by law, in which the 20th day of July, 2021, at the hour of 5:45 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all person interested in said report might be heard. D. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objection by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference City Council 30 — 5 7/20/2021 Resolution No. 2021-XX Paae 1 of 3 brs 6.10.21 as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 4. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2021. Section 5. The County Auditor is requested to enter the assessments on the county tax rolls. Section 6. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 7. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2020-2021 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of July, 2021 Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Brandon Salvatierra Deputy City Attorney M1 1111 ii1�T-TI'i NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers City Council 30 — 6 7/20/2021 Resolution No. 2021-XX Paae 2 of 3 brs 6.10.21 CERTIFICATE OF ATTESTATION AND ORIRGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021- to be the original resolution adopted by the City Council of the City of Santa Ana on July 20, 2021. Date: Clerk of the Council, City of Santa Ana City Council 30 — 7 7/20/2021 Resolution No. 2021-XX Paae 3 of 3 Joint Council/Housing Authority www.santa-ana.org/cd Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Emergency Housing Vouchers AGENDA TITLE: Approve Appropriation Adjustments Recognizing Housing Assistance Payments in the Amount of $1.3 million and $488,616 in Administrative Funds to Administer Eighty -Nine New Emergency Housing Vouchers; Authorize the City to Enter into a Memorandum of Understanding with the Orange County Continuum of Care; Approve an Update to the Housing Choice Voucher Administrative Plan; Authorize the City Manager to Execute a Future Agreement with a Service Provider to Provide Housing Search Assistance RECOMMENDED ACTION CITY COUNCIL ACTION Approve an appropriation adjustment recognizing Emergency Housing Voucher Housing Assistance Payments funds in the amount of $1,316,892 in revenue account (No. 17918002-52011) and appropriating same to expenditure account (Nos. 17918760-69158) to administer eighty-nine new vouchers. 2. Approve an appropriation adjustment recognizing Emergency Housing Voucher Preliminary Administrative funds ($35,600), Administrative funds ($141,516) and Service Fees ($311,500) in the total combined amount of $488,616 in revenue account (No. 18018002-various) and appropriating same to expenditure account (Nos. 18018760-various) to administer eighty-nine new vouchers. HOUSING AUTHORITY ACTION Authorize the Executive Director of the Housing Authority to execute a Memorandum of Understanding with the Orange County Continuum of Care effective July 20, 2021, subject to non -substantive changes approved by the Executive Director and the Housing Authority General Counsel. 2. Approve an update to the Housing Choice Voucher Administrative Plan and authorize submission to the United States Department of Housing and Urban Development. City Council 31 — 1 7/20/2021 Emergency Housing Vouchers July 20, 2021 Page 2 3. Authorize the City Manager to execute a future agreement with the Orange County United Way or another designated Service Provider to utilize Emergency Housing Voucher Service Fees in an amount not to exceed $311,500 to provide housing search assistance for Emergency Housing Vouchers issued by the Housing Authority, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will support the Housing Authority to issue and lease the eighty-nine Emergency Housing Vouchers, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 11, 2021, the American Rescue Plan Act of 2021 ("ARPA") was signed into law and appropriated $5 billion for new incremental Emergency Housing Vouchers ("EHVs") across the nation. ARPA included funding for the renewal of these EHVs and fees for the cost of administering the EHVs and other eligible expenses to prevent, prepare, and respond to the coronavirus and facilitate the leasing of the EHVs, such as security deposit assistance and other costs related to the retention and support of participating owners. As a result, on June 10, 2021, the Housing Authority received a direct allocation of $1,316,892 in EHV Housing Assistance Payments ("HAP") funds to assist up to eighty- nine (89) new voucher holders (Exhibit 1). The Housing Authority also received an allocation of administrative fee funding for other eligible expenses that are not normally eligible administrative expenses under the Housing Choice Voucher ("HCV") program, as well as standard administrative fees for the cost of administering the EHVs. The administrative fee funding included a single, one-time preliminary fee of $400 per EHV allocated to the Housing Authority; a one-time services fee to support the Housing Authority's efforts to implement and operate an effective EHV services program that will best address the needs of EHV eligible individuals and families equal to $3,500 per EHV; and on -going administrative fees calculated in the same manner as the regular HCV Program. Eligibility for these EHVs is limited to individuals and families who are (1) homeless; (2) at risk of homelessness; (3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking; or (4) recently homeless and for whom providing rental assistance will prevent the family's homelessness or having high risk of housing instability. All individuals and families may only be referred to the Housing Authority from the Orange County Continuum of Care's Coordinated Entry System, and the Housing Authority is prohibited from having a local residency preference for Santa Ana residents. After September 30, 2023, the Housing Authority may not reissue any previously leased EHV, regardless of when the assistance for the formerly assisted family ends or ended. City Council 31 — 2 7/20/2021 Emergency Housing Vouchers July 20, 2021 Page 3 Memorandum of Understanding with Continuum of Care As a requirement for accepting the EHVs, the Department of Housing and Urban Development ("HUD") established a requirement under which the Housing Authority must enter into a Memorandum of Understanding ("MOU") with the Orange County Continuum of Care ("CoC") to establish a partnership for the administration of the EHVs (Exhibit 2). The primary responsibility of the CoC under the MOU is to make direct referrals of qualifying individuals and families to the Housing Authority from the Coordinated Entry System list. The CoC is responsible for determining whether the family qualifies under one of the four eligibility categories for EHVs. Additionally, this CoC and designated service providers assists the Housing Authority to offer or make connections to supportive services for families that are referred to the Housing Authority, including, but not limited to, short- or long-term case management, collecting necessary verifications to support referrals, housing counseling, housing search assistance and utility deposit assistance. As a requirement, the Housing Authority must accept referrals for EHVs directly from the Coordinated Entry ("CE") System. Accepting direct referrals from the CE System will help ensure families are able to get assistance quickly and eliminate the administrative burden on the Housing Authority regarding the determination as to whether the family meets the definition of a qualifying individual or family for EHV assistance. The MOU is a complete statement of the responsibilities of the parties and evidence of a commitment of resources to the EHV program. The MOU includes: 1. The Housing Authority's and CoC's commitment to administering the EHVs in partnership. 2. The goals and standards of success in administering the EHVs. 3. The staff position for each organization that will serve as the lead EHV liaison. 4. A statement that all parties agree to cooperate with any program evaluation efforts undertaken by HUD, or a HUD -approved contractor, including compliance with HUD evaluation protocols and data sharing requests. 5. The specific populations eligible for the EHV assistance that will be referred to the Housing Authority by the CoC or other partnering referral agency. 6. The services, including financial assistance, that will be provided to assist EHV applicants and participants and who will provide them. 7. The roles and responsibilities of the Housing Authority and CoC, including but not limited to the CoC making direct referrals of families to the Housing Authority through the CE system. The MOU is contingent on approval by the Board of the Orange County CoC. The Housing Authority has a seat on the Board, but will be conflicted to vote on the item. Update to HCV Administrative Plan HUD requires housing authorities that administer an HCV program to have an Administrative Plan. The purpose of the HCV Administrative Plan is to establish policies for implementing the HCV program in a manner consistent with HUD requirements and local goals and objectives contained in the Housing Authority's 5-Year and Annual Plans. City Council 31 — 3 7/20/2021 Emergency Housing Vouchers July 20, 2021 Page 4 The HCV Administrative Plan defines the Housing Authority's local policies for the operation of the HCV program in the context of federal laws and regulations. The Administrative Plan also informs the public and staff about the Housing Authority's policies and explains how the Housing Authority will implement those policies. The HCV Administrative Plan was last updated and approved by City Council on December 1, 2020. In order to accept the eighty-nine (89) EHVs and administer the Service Fees that were provided, HUD requires the Housing Authority to describe its policies for these vouchers in the HCV Administrative Plan. For example, the eligible uses of the services fee implemented by the Housing Authority and the parameters/requirements established by the Housing Authority must be described in the HCV Administrative Plan. In addition, the Housing Authority's policy on EHV permissive prohibitions must be described in the HCV Administrative Plan. The new chapter, also known as a Temporary Policy Supplement, is attached as Exhibit 3. Following approval by City Council, staff will incorporate this chapter into the full HCV Administrative Plan and submit the updated HCV Administrative Plan to HUD. All issues related to the Emergency Housing Vouchers not addressed in the Administrative Plan are governed by federal regulations, HUD handbooks and guidebooks, notices and other applicable law. Agreement with United Way of Orange County or Other Designated Service Provider(s) In an effort to lease the EHVs with a hard -to -serve population, staff is recommending to use the $311,500 in Services Fee funds to lease -up each voucher by incentivizing landlords in the private market to accept the voucher. In the past SAHA has partnered with the Orange County United Way to engage landlords through WelcomeHomeOC, the United Way's landlord incentive program that matches voucher holders with available units. If/when a contract/s is/are entered into with the Orange County United Way or another service provider, the Service Fee funds will be utilized to support incurred costs related to leasing up the new EHVs including property owner signing bonuses, security deposits, application fees, furnishings, holding fees, moving costs, utility deposits, renter's insurance, and a damage mitigation fund. All of the eligible uses of the Services Fee funding match the exact services provided by Orange County United Way's WelcomeHomeOC program. The Agreement is not attached to the Staff Report because: 1) staff have been working on the negotiations with the CoC for the MOU that must be complete by July 31, 2021; and 2) staff have been unable to secure a firm commitment from the Orange County United Way on the details of an Agreement because their staff has been working to understand any additional funding sources that could be available to partner with SAHA's EHVs. As the EHVs are a direct response to the COVID-19 federal, state and local emergency, staff is recommending City Council to direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any City Council 31 — 4 7/20/2021 Emergency Housing Vouchers July 20, 2021 Page 5 other required actions necessary with various service providers, contractors, and sub - recipients, who will support the Housing Authority to issue and lease the eighty-nine Emergency Housing Vouchers. This includes negotiating an Agreement with the Orange County United Way or other designated service provider(s). FISCAL IMPACT Approval of the appropriation adjustment will recognize $1,316,892 in Emergency Housing Voucher HAP revenue account (No. 17918002-52011) and $488,616 in the Emergency Housing Voucher Administrative revenue account (No. 18018002-various)for expenditure as follows: Accounting Fund Accounting Unit, Fiscal Year Unit -Account Description Account Amount Description FY 21-22 17918760- Emergency Housing Voucher Housing Assistance $1,316,892 69158 HAP Payments Emergency Preliminary FY 21-22 18018760- Housing Voucher Administrative funds, $488,616 various Administrative Administrative funds Revenue and Service Fees Total Expenditures $1,805,508 The expenditure -spending plan is only an estimate and subject to change. Funds in the amount of $311,500 are available in the Emergency Housing Voucher Administrative Revenue grant, Payment to Subagent account (no. 18018760-various) for expenditure in the current fiscal year. EXHIBIT(S) 1. June 10, 2021, EHV Award Letter 2. Memorandum of Understanding with Orange County Continuum of Care 3. EHV Chapter in HCV Administrative Plan Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 31 — 5 7/20/2021 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-5000 ilNAr ; c %.nr nc?*O OFFICE OF PUBLIC AND INDIAN HOUSING June 10, 2021 Judson Brown Executive Director HOUSING AUTHORITY OF THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 Dear Executive Director: This is your public housing agency's (PHA) Emergency Housing Vouchers (EHV) Award notification, which is authorized by the American Rescue Plan (ARP) Act of 2021 (Public Law No: 117-2). The ARP authorized the Department of Housing and Urban Development (HUD) to allocate additional vouchers to PHAs through an allocation formula designed to direct emergency housing vouchers to the PHAs operating in areas where the EHV's eligible populations have the greatest need while also considering PHA capacity and the requirement to ensure geographic diversity, including rural areas. The EHVs are provided to help assist individuals and families who are (1) homeless, (2) at risk of homelessness, (3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, or (4) recently homeless. The following table provides the details for your agency's EHV award: Emergency Housing Vouchers Awarded:89 Housing Assistance Payments Preliminary Fees Service Fees Administrative Fees $1,316,892 $35,600 $311,500 $141,516 Effective: July 1, 2021 Effective: June 1, 2021 Effective: June 1, 2021 Effective: July 1, 2021 Please notice the effective date of your EHV awards based on the category of funding. HUD will obligate 12 months of Housing Assistance Payments (HAP) and Administrative (Admin) Fee funding to all eligible PHAs. HAP and Admin Fees are effective on July 1st, and 1/12 of the total HAP and Admin Fees will be disbursed automatically for July, August, and September 2021. After that, monthly HAP disbursements will be based on actual EHV HAP expenses and units leased reported in VMS. HUD will automatically adjust the HAP funding based on actual costs associated with the EHV Awards. If your PHA needs HAP funds beyond the automatic adjustments, please contact your Financial Analyst at the Financial Management Center. Further, the Department will obligate and disburse 100% of the Preliminary Fees in a lump sum effective June 1, 2021. Services Fees will be obligated for 100% of the units awarded, but HUD will only disburse 50% of these funds in a lump sum payment, also effective June 1, 2021. Two additional Service Fee disbursements for 25% of the total obligation will occur when the PHAs had spent 50% and 100% of the initial lump sum disbursement. If you require the Service Fee disbursement in advance of the schedule outlined here, please send a request with justification to your Financial Analyst at the Fi :sr ^I nn o o r ro +or irnn�l City Council www.hud.gov Upan§.hud.gov 7/20/2021 The Financial Management Center (FMC) will provide your agency with an amended Consolidated Annual Contributions Contract (CACC) that reflects the EHVs new incremental vouchers and funding. Your agency must follow applicable Housing Choice Voucher (HCV) program requirements, when administering EHVs, including the regulations at 24 CFR part 982, and the EHV operating requirements set forth in PI Notice 2021-15. Finally, PIC and VMS reporting requirements will be provided under separate notification. Should you have questions about this award, please do not hesitate to contact vour FMC Financial Analyst or email EHV(a)hud.gov. Sincerely, DvtdF sqn d by 0�i L R buw - Danielle L. Basiaracho W CN z Dmw& L "-gh Rewwr� im,gfnd�mm Danielle L. Bastarache Deputy Assistant Secretary for Public Housing and Voucher Programs City Council 31 — 7 7/20/2021 MEMORANDUM OF UNDERSTANDING BETWEEN HOUSING AUTHORITY OF THE CITY OF SANTA ANA (CA093) AND ORANGE COUNTY CONTINUUM OF CARE FOR THE EMERGENCY HOUSING VOUCHER PROGRAM This Memorandum of Understanding (MOU) has been created and entered into on July 1, 2021, by and between the Housing Authority of the City of Santa Ana (CA093), a public body, corporate and politic, henceforth referred to as "PHA", and Health Care Agency, Office of Care Coordination functioning as the Administrative Entity and Collaborative Applicant for the Orange County Continuum of Care, henceforth referred to as "CoC". The PHA and CoC may be referred to individually as "Party" and collectively as "the Parties". This MOU contains program content and purpose, along with specific guidelines for the implementation and administration of the Emergency Housing Voucher (EHV) programs as provided by the American Rescue Plan Act of 2021 (ARPA) to address the continued impact of the COVID-19 pandemic on the economy, public health, state and local governments, individuals, and businesses. The relationship between PHA and CoC, with regard to this MOU, is based upon the following: I. The Parties enter into this MOU to further the interests of the CoC by collaboratively working to meet both Parties' objectives and/or to comply with federal requirements and obligations. ll. The Parties reaffirm the commitments made to the mutual participants and service providers, which further contribute to the CoC's efforts to provide permanent housing solutions and supportive services for those who are experiencing homelessness or at risk of homelessness in Orange County. III. This MOU is authorized and provided pursuant to Notice PIH 2O21-15 as issued by the U.S. Department of Housing and Urban Development (HUD), Office of Public and Indian Housing (PIH), on May 5, 2021. IV. This MOU contains the procedural guidelines authorized by both the PHA's Director and the CoC Director for the EHV Program, including eligibility verification and referral process utilizing the Coordinated Entry System (CES) to best use and target the EHVs in Orange County. City Council 31 — 8 7/20/2021 Page 1 of 29 WMu:1111111N I. INTRODUCTION The PHA has received an allocation of EHV to assist individuals and families who are experiencing homelessness; at risk of experiencing homelessness; fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; or were recently homeless and for whom providing rental assistance will prevent homelessness or having high risk of housing instability. The PHA is required to enter into a MOU with the CoC to establish a partnership for the administration of the EHVs. The primary responsibility of the CoC under the MOU is to make direct referrals of qualifying participants to the PHA. The MOU is a complete statement of the responsibilities of the parties and evidence of a commitment of resources to the EHV program. II. PURPOSE The purpose of this MOU is to support the efficient and effective lease up of each EHV allocated to the PHA no later than June 30, 2022, and ongoing lease up of any turnover vouchers through September 30, 2023, by receiving appropriate referrals from the CES. III. TERM The term of this MOU shall be effective July 1, 2021, and remain active until September 30, 2023. The Parties shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to reporting and confidentiality. IV. MUTUAL RESPONSIBILITIES a. Parties commit to administering the EHVs in accordance with all program requirements in Notice PIH 2O21-15. b. Parties agree that a strong level of communication and coordination among the Parties is necessary to ensure program success and adherence to program requirements. I. Parties shall establish a mutually convenient regular meeting schedule and communication methods for the EHV process. ii. Parties shall provide an update of referred matches, application status, lease up status and available vouchers. c. Parties agree to maintain lead EHV liaisons as follows: HOUSING AUTHORITY OF THE CITY OF SANTA ANA Lead Name: Judson Brown Title: Housing Division Manager Email: jbrown@santa-ana.org Phone Number: 714-667-2241 Address: City of Santa Ana Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92702 ORANGE COUNTY CONTINUUM OF CARE Lead Name: Doug Becht Title: Director of Operations Email: dbecht@ochca.com Phone Number: 714-834-2323 Address: OC Health Care Agency Office of Care Coordination, Continuum of Care 405 W. 5th St, Ste 658, Santa Ana, CA 92701 City Council 31-9 7/20/2021 Page 2 of 29 V. ELIGIBILITY a. EHV eligibility is limited to individuals and families who are (1) homeless; (2) at risk of homelessness; (3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; or (4) recently homeless and for who providing rental assistance will prevent the family's homelessness or having high risk of housing instability as defined in Notice PIH 2O21-15. b. For the purposes of the EHV program, there will be no local residency preference and PHA referrals will be assigned based on the ratio of available vouchers. c. Denial of assistance will be limited to the mandatory prohibitions listed in Notice PIH 2O21-15 without applying any additional permissive prohibitions. VI. EHV ALLOCATION a. Parties agree to allocating all EHVs across the following sub -populations: individuals, families, veterans, transitional aged youth, move on, re-entry and exiting facilities, and domestic violence. The parties will work together on identifying the appropriate proportion of vouchers to be assigned to each sub -population. b. Parties agree to the following definitions and characterizations of the identified specific populations and who meet one of the four eligibility categories defined in PIH Notice 2021- 15. i. Domestic Violence. This allocation refers to individuals and families who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking. ii. Re -Entry and Exiting Facilities. This allocation refers to individuals and families who are exiting a publicly funded institution or component of the system of care, such as a healthcare facility, a mental health facility, foster care or other youth facility, or correction program or institution; exited a publicly funded institution or component of the system of care in the past 90 days; or currently receiving criminal justice supervision, such as probation or parole. iii. Move On. This allocation refers to people who are formerly homeless and currently being assisted through rapid rehousing and permanent supportive housing programs. Vacancies created through Move On referrals must accept referrals from the CES. The PHA will have a local residency preference for the rapid rehousing and permanent supportive housing vacancies that are created through Move On referrals. iv. Transitional Aged Youth. This allocation refers to individuals and families who are 18- 24 years old. v. Veterans. This allocation refers to individuals and families with household members who served in the U.S. Armed Forces, National Guard or Reserves of any discharge status. Priority will be given to those veteran households who are not eligible for HUD-VASH and/or need long-term financial assistance to remain stably housed. vi. Families. This allocation refers to families with at least one minor child, households with an expectant mother, or households that are working towards reunification with minor children. vii. Individuals. This allocation refers to adults who are not a part of a household with minor children and includes single adults and households comprised of multiple adults. c. Turn over EHVs will prioritize households exiting rapid rehousing or permanent supportive housing programs in need of ongoing rental assistance without intensive supportive services. City Council 31 - 10 7/20/2021 Page 3 of 29 VII. CDC ROLE AND RESPONSIBILITIES a. CoC will coordinate and consult with the PHA in developing the services and assistance to be offered under the EHV services fee provided by the PHA and/or their contracted service provider. b. CoC is committed to providing the following services through the CES and the OC Health Care Agency, Office of Care Coordination: i. Educate CES Access Points and CoC Stakeholders on the EHV program, sub - populations priorities for EHV distribution and requirements of this housing opportunity as agreed upon in this MOU. ii. Coordinate the outreach and referral of eligible households through CES. iii. Prioritize households using the CES policies and procedures approved by the CoC. iv. Partner with victim service providers to coordinate referrals through the parallel system for victim service providers. v. Refer eligible individuals and families to PHAthrough CES, including referrals from the comparable CES for Victim Service Providers. vi. Centralize the application process through the Office of Care Coordination using the universal PHA application and collecting minimally required supporting documents, as detailed and included in ATTACHMENT 2 and 3. c. CoC will provide supporting documentation to the PHA of the referring agency's verification that the referred individuals and families meet one of the four eligible categories for EHV assistance. d. CoC will strive to match referred individuals and families to the service provider selected by the PHA. e. CoC will comply with the provisions of this MOU. Vill. PHA ROLES AND RESPONSIBILITIES a. PHA is committed to providing the following services: i. Accept referrals from CES for the EHV program as vouchers are available. ii. Accept direct referrals from outside the CoC CES if: 1. the CES does not have a sufficient number of eligible families to refer to the PHA, or 2. the CES does not identify individuals or families that may be eligible for EHV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking. iii. Coordinate and consult with CoC in developing the services and assistance to be offered under the EHV services fee provided by the PHA and/or their contracted Service Provider. iv. Notify applicant, the Office of Care Coordination, CES, and designated supportive service agencies of application and appointment notices, including intake interviews and briefing appointments. v. Provide housing search assistance using available EHV service fee funds and other funding resources, this includes: 1. Information and training on what to expect in the EHV issuance process for household. 2. Help household identify potentially available units during their housing search. 3. Provide transportation assistance and directions to potential units. 4. Conduct owner/landlord outreach and engagement. City Council 31 — 11 7/20/2021 Page 4 of 29 5. Assist with the completion of rental applications and PHA forms. 6. Help expedite the EHV leasing process for the household. 7. Educate applicants on compliance with rental lease requirements. vi. PHA may subcontract the housing search assistance activities listed above. b. PHA will commit a sufficient number of staff and necessary resources to ensure that the application, certification, voucher issuance, and unit inspection processes are completed in a timely manner. c. PHA will comply with the provisions of this MOU. d. PHA will select the service provider to fulfill the service providers role and responsibilities. IX. SERVICE PROVIDERS ROLE AND RESPONSIBILITIES a. Service providers are committed to providing the following services to support participants in securing housing and stabilizing in housing: i. Provide lease up assistance, including but not limited to housing search assistance, housing related fee assistance, and landlord engagement services to eligible applicants who do not already have access to lease up assistance through other service providers. Provide a services plan that details the specific services and engagement to be provided to each household. ii. Provide between 6-12 months of housing stabilization services to each household. iii. Assist with submitting requests for tenancy approval and other required lease up documentation. iv. Support tenants with maintaining compliance with rental lease requirements and provide housing stability services for a minimum of 12 months. v. Assess and refer individuals and families to benefits and supportive services, when applicable to maintaining housing stability. b. Service Providers will comply with the provisions of this MOU. X. PROGRAM EVALUATION a. The PHA and CoC agree to cooperate with HUD to provide requested data to HUD or HUD - approved contractor delegated the responsibility of program evaluation protocols established by HUD or HUD -approved contractor, including possible random assignment procedures. XI. GENERAL PROVISIONS In the event there is a need to update this MOU such as to comply with the terms of the EHV Program funding, but deadlines do not permit such, upon mutual agreement, addendum will be appended to this MOU. The Attachments to this MOU are subject to revision at any time after execution of the MOU, upon written administrative approval from both Parties. The Attachments are only for reference. This MOU represents the entire understanding of the Parties with respect to the subject matter. No change, modification, extension, termination or waiver of this MOU, or any of the understandings herein contained, shall be valid unless made in writing and signed by duly authorized representatives of the Parties hereto. City Council 31 - 12 7/20/2021 Page 5 of 29 In Witness Whereof, the agencies hereto agree to the provisions as outlined in this MOU. Signed by HOUSING AUTHORITY OF THE CITY OF SANTA ANA (CA093) Date: Name: Title: ORANGE COUNTY CONTINUUM OF CARE Name: Date: Title: Approved as to form: Ry te Asority Counsel City Council 31-13 7/20/2021 Page 6 of 29 ATTACHMENT 1. PROGRAM MILESTONES The PARTIES will utilize the following goals and milestones as a measure of success in administering the Emergency Housing Vouchers. These goals and milestones focus primarily on the function of the Continuum of Care (CoC), the Coordinated Entry System (CES) and the Public Housing Authority (PHA), accordingly. The CoC as described in the Memorandum of Understanding (MOU) is to make direct referrals of qualifying participants to the PHA through the CES. The CES provides an objective manner to effectively connect individuals and families experiencing homeless or at risk of homelessness to appropriate services and housing interventions, with the goal of securing permanent and stable housing in Orange County. • CES will identify 50% of the referrals within 7 weeks of the effective date of the MOU. • CES will identify 100% of referrals within 14 weeks of the effective date of the MOU. • CES will identify replacement referrals within 14 days for any returned matches. • PHA will make all reasonable efforts to complete EHV processing within 45 days of initial contact with participant as referred by CES. • PHA or designee will return ineligible referrals to CES within three (3) business days of determining ineligibility. City Council 31 - 14 7/20/2021 Page 7 of 29 TENANT INFORMATION FORM Please review and complete this form. This information will help us determine your assistance. Head of Household Unit Address Unit City, State, ZIP Mailing Address (if different than above) Telephone Number: Telephone Number: E-mail Address Part 1: Household Information ❑ Home I] Work Cell L Other ❑ Home I] Work L Cell L Other would like to receive correspondence via e-mail. Indicate the current status of all adults and children that will live in the housing unit to be assisted. Add new members in the space provided below, including the full Social Security Number for each. Enter one of the following codes in box 6 to identify the relationship of each new adult and child listed. H = Head of Household K = Co -Head (Not Married) Y = Youth Under 18 L = Live-in Aide S = Spouse (Married) F = Foster Child/Adult E = Full Time Student Over 18 A = Other Adult 1. Last Name & Sr, Jr, eta 2. First Name 3. MI 4. Date of Birth 5. Sex 6. Relation 7. Disabled H F-Yes No S. Ethnicity (Check One Box) 9. Race (Check All That Apply) 10. Social Security Number 11. Living in Household F HlspaniG Not Hispanic/ -] white American Indian/Alaska Native n Native Hawaiian/ other Pacific Islander Yes No Latino Latino Asian Black/African American 1. Last Name & Sr, Jr, site. 2. First Name 3. MI 4. Date of Birth 5. Sex 6. Relation 7. Disabled D M L:]F C Yes ` No 8. Ethnicity (Check One Box) 9�. RIace (Check All That Apply) 10. Social Security Number 11. Living in Household Hispanic/ Not Hispanic/ u white L_ American IndiaNAlaska Native U Native Hawaiian/ Other Pacific Islander Yes No Latino Latino Asian L_Black/African American 1. Last Name & Sr, Jr, etc. 2. First Name 3. MI 4. Date of Birth 5. Sex 6. Relation 7. Disabled L]M L_]F LYes No 8. Ethnicity (Check One Box) 9�. Race (Check All That Apply) 10. Social Security Number 11. Living in Household Hispanic/ Not Hispanic/ u white American Indian/Alaska Native U Native Hawaiian/ Other Pacific Islander Yes No Latino Latino Asian . Black/African American 1. Last Name & Sr, Jr, etc. 2. First Name 3. MI 4. Date of Birth 5. Sex 6. Relation 7. Disabled L-1M L_]F LYes No 8. Ethnicity (Check One Box) 9. Race (Check All That Apply) 10. Social Security Number 11. Living in Household Hispanic/ Not Hispanic/ white L_ American Indian/Alaska Native Native Hawaiian/ Other Pacific Islander Yes No Latino Latino Asian Black/African American ` 1. Last Name & Sr, Jr, etc. 2. First Name 3. MI 4. Date of Birth 5. Sex 6. Relation 7. Disabled �M L:]F CYes No 8. Ethnicity (Check One Box) 9. Race (Check All That Apply) 10. Social Security Number 11. Living in Household Hispanic/ Not Hispanic/ Dwhite American IndiaNAlaska Native Native Hawaiian/ Other Pacific Islander -]Asian Yes No Latino Latino Black/African American 1. Last Name & Sr, Jr, etc. 2. First Name 3. MI 4. Date of Birth 5. Sex 6. Relation 7. Disabled -]M -]F F-Yes No S. Ethnicity (Check One Box) 9. Race (Check All That Apply) 10. Social Security Number 11. Living in Household Hispanic/ Not Hispanic/ I I /Alaska white American Indian Native _1Native Hawaiian/ Other Pacific Islander Yes No Latino Latino Asian � Black/African American ' City Council 31 - 15 7/20/2021 Page 8 of 29 EXHIBIT 2 TENANT INFORMATION FORM Part 1: Household (Continued) 1, Does your family lack a regular nighttime residence, live in a shelter, or other non residential place? —]Yes No Do you currently live or have you previously lived in, public housing, housing assisted by the Section 8 2. program, or any other type of federally subsidized housing? LJ Yes No Have you or any member of your household been evicted from Public housing, Indian housing, Section 23 LJ Yes No housing, or housing assisted by the Section 8 program, for drug -related criminal activity during the past three 3, years? Do you or any member of your household have a history of controlled substance or alcohol abuse that has LJ Yes No 4, not been abated through rehabilitation? Have you or any member of your household been convicted of drug -related criminal activity for manufacture 5. or production of methamphetamine on the premises of federally assisted housing? LJ Yes No Are you or any member of your household subject to a lifetime sex offender registration under a State sex 6. offender registration program? �� Yes No If any child or foster child under age six residing in the assisted unit tested positive for an EBL (Elevated Blood Lead Level) 7. list the first name of each child with an EBL here: Part 2: Asset Information Has any member of the family given away or disposed of assets valued at more than $1,000 for less than fair market value during the past two years? ] Yes [ No Review and update household assets held by any family member, irrespective of age. Add new assets in the space provided below. An asset is any one of the following types without limitation: 401(k) or 403(h) Individual Retirement Accounts (IRA) Mutual Funds Stocks Bonds Inheritances Pensions Trust Funds Certificate of Deposit Life Insurance Policies Real Property (land) Checking Account Money Market Account Savings Account DOCUMENTATION REQUIRED: Provide 3 current statements showing the value and interest rate of each asset and check the Documentation Attached box for each asset. Account Holder Type of Account Account Number Current Balance Account Status $ L Open _ Closed Verification Source Name and Address Documentation Attached LYes _ No Account Holder Type of Account Account Number Current Balance Account Status $ L Open _ Closed Verification Source Name and Address Documentation Attached — Yes L No Account Holder Type of Account Account Number Current Balance Account Status $ C Open ` Closed Verification Source Name and Address Documentation Attached Yes L No Account Holder Type of Account Account Number Current Balance Account Status $ C Open ` Closed Verification Source Name and Address Documentation Attached Yes C No Account Holder Type of Account Account Number Current Balance Account Status $ C Open ` Closed Verification Source Name and Address Documentation Attached Yes C No Attach Additional Sheets if Necessary City Council 31 — 16 7/20/2021 Page 9 of 29 EXHIBIT 2 TENANT INFORMATION FORM Part 3: Income Information Did you file a Federal Income Tax Return last year? ` Yes ` No Does anyone living outside your household pay for or provide money for any of your household bills or yes ` No living expenses? Review and update the following income information for all family members 18 or older, including income received on behalf of household members under the age of 18. Check "Fixed" for income that changes annually based on a COLA or Interest Rate. Add new income sources in the space provided below. An income is any one of the following types without limitation: Alimony Payments Food Stamps Self Employment Wages/Salaries Child Support Military Pay Social Security Benefits Welfare Benefits Disability Benefits Periodic Gifts SSI Worker's Compensation Financial assistance to attend school Retirement Payments Unemployment Benefits DOCUMENTATION REQUIRED: Provide 4 current and consecutive original pay stubs, payroll summary reports, SSA benefit verification letters, child support payment stubs, welfare benefit letters and/or printouts, self employment tax statements, or unemployment benefit notices, and check the Documentation Attached box for each income. Member Name Income Type Fixed Monthly Income Current Income Documentation Attached ❑ $ L] Yes No Yes No Verification Source Name and Address Member Name Income Type Fixed Monthly Income Current Income Documentation Attached ❑ $ I� yes i-1 No Yes No Verification Source Name and Address Member Name Income Type Fixed Monthly Income Current Income Documentation Attached ❑ $ L:]Ves L] No Yes No Verification Source Name and Address Member Name Income Type Fixed Monthly Income Current Income Documentation Attached $ u Yes L-1 No Yes No Verification Source Name and Address Member Name Income Type Fixed Monthly Income Current Income Documentation Attached $ D Yes L No Yes Na Verification Source Name and Address Member Name Income Type Fixed Monthly Income Current Income Documentation Attached $ u Yes L-1 No Yes Na Verification Source Name and Address Member Name Income Type Fixed Monthly Income Current Income Documentation Attached $ L] Yes No Yes No Verification Source Name and Address Member Name Income Type Fixed Monthly Income Current Income Documentation Attached $ —]Yes I-1 No Yes No Verification Source Name and Address Attach Additional Sheets If Necessary City Council 31 — 17 7/20/1 Page 10 of 29 TENANT INFORMATION FORM Part 4: Household Expenses 1. Does any adult household member (age 18 or older) attend school full time? (If yes, provide current enrollment and financial aid information from registrar or admissions officer and enter contact L Yes L No information in the section below.) 2. Does any member of your family have UNREIMBURSED expenses for care of a child age 12 or younger so that an adult family member can work? E Yes E No 3. Does any member of your family have UNREIMBURSED expenses for care of a person with disabilities so that an adult family member can work? C Yes [ No 4. ONLY complete the following if the head of household, spouse or co-head is age 62 or older, or has a disability. Does any member of your family have UNREIMBURSED medical expenses (i.e. Medical Insurance Premiums; Medical, Dental, or Optical Expenses; or Expenses for Prescription/Non Prescription [ Yes [ No Medicines (prescribed by a physician))? Review and update the following expense information relating to questions marked as Yes in the lines above. Additional expenses must be entered in the space provided below. DOCUMENTATION REQUIRED: Provide documentation from Verification Source listing the monthly payment for each expense and check the Documentation Attached box for each expense. Member Name Allowance Type Monthly Payment $ Current Expense Vey i� No Documentation Attached i� Yes No Verification Source Name and Address Member Name Allowance Type Monthly Payment $ Current Expense Yes L] No Documentation Attached Yes No Verification Source Name and Address Member Name Allowance Type Monthly Payment $ Current Expense u Yes L-1 No Documentation Attached Yes No Verification Source Name and Address Member Name Allowance Type Monthly Payment $ Current Expense Yes a No Documentation Attached Yes No Verification Source Name and Address Member Name Allowance Type Monthly Payment $ Current Expense Yes a No Documentation Attached J Yes No Verification Source Name and Address Member Name Allowance Type Monthly Payment $ Current Expense D Yes D No Documentation Attached Yes No Verification Source Name and Address Attach Additional Sheets if Necessary Part 5: Head of Household Must Sign this Form Certifying Accuracy of Information Provided I certify that the information on this form is true and complete to the best of my knowledge and belief. I understand that I can be fined up to $10,000, or imprisoned up to five years if I furnish false or incomplete information. Name Date Pace 4 City Council 31 — 18 7/20/2021 Page 11 of 29 WMu:1111111N DECLARATION OF SECTION 214 STATUS Notice to applicants and tenants: In order to be eligible to receive the housing assistance sought, each applicant for or recipient of housing assistance must be lawfully within the United States. Please read the Declaration statement carefully and sign and return to the Housing Authority's Admissions Office. Please feel free to consult with an immigration lawyer or other immigration expert of your choosing. I, certify, under penalty ofperjury, that to the best of my knowledge, I am lawfully within the United States because: [ ] I am a citizen by birth, naturalized citizen or national of the United States. OR: [ ] I have eligible immigration status mud I am 62 years of age or older (attach proof of age). OR: [ ] I have eligible immigration status as checked below (see reverse side of this form for explanations). Attach INS document(s) evidencing eligible immigration status and signed verification consent form. [ ] Immigrant status under 41001(a)(15) or 101(a)(20) of the INA OR: [ ] Permanent residence under #249 of INA OR: [ ] Refugee, asylum or conditional entry status under #207, 208 or 203 of the INA OR: [ ] Parole status under #212(d)(f) of the INA OR: [ ] Threat to life of freedom under #243(h) of the INA OR: [ ] Amnesty under #254 of the INA Signature of Family Member Date [ ] Check box if signature of adult residing in the unit is responsible for a child named on statement above. HA: Enter INS/SAVE Primary Verification # Date Warning: 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious or fraudulent statement or entry, in any manner within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years, or both. [See reverse side for footnotes and instructions] City Council 31 — 19 7/20/2021 Page 12 of 29 The following footnotes pertain to noncitizens that declare eligible immigration status in one of the following categories: Eligible immigration status and 62 years of age or older: For noncitizens who are 62 years of age or older or who will be 62 years of age or older and receiving assistance under a Section 214 covered program on .Tune 19, 1995. If you are eligible and elect to select this category, you must include a document providing evidence of proof of age. No further documentation of eligible immigration status is required. Immigrant status under 101(a)(15) or 101(a)(20) of INA: A noncitizen lawfully admitted for permanent residence, as defined by 101(a)(20) of the immigration and Nationality Act (INA), as an immigrant, as defined by 101(a)(15) of the INA (8 U.S.C. I101(a)(20) and I101(a)(15), respectively [immigrant status]. This category includes a noncitizen admitted under 210 or 210A of the INA (8 U.S.C. 1160 or 1161), [special agricultural worker status] who has been granted lawful temporary resident status. Permanent residence under 249 of INA: A noncitizen who entered the U.S. before January 1, 1972, or such later date as enacted by law, and has continuously maintained residence in the U.S. since then, and who is not ineligible for citizenship, bur who is deemed to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General under 249 of the INA (8 U.S.C. 1259) [amnesty granted under INA 249]. Refugee, asvlum or conditional entry status under 207, 208 or 203 of INA: A noncitizen who is lawfully present in the U.S. pursuant to an admission under 207 of the INA (8 U.S.C. 1157) [refugee status]; pursuant to the granting of asylum (which has not been terminated under 208 of the INA (8 U.S.C. 1 158) [asylum status]; or as a result of being granted conditional envy under 203(a)(7) of the INA (U.S.C. 1153(a)(7) before April 1, 1980, because of persecution or fear of persecution on account of race, religion or political opinion or because of being uprooted by catastrophic national calarnity [conditional entry status]. Parole status under 212(d)(5) of INA: A noncitizen who is lawfully present in the U.S. as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest under 212(d)(5) of the INA (8 U.S.C. I182(d)(5) [parole status]. Threat to life or freedom under 245(a) of INA: A noncitizen who is lawfully present in the U.S. as a result of the Attorney General's withholding deportation under 243(h) of the INA (8 U.S.C. 1253(h)) [threat to life or freedom]. Amnesty under 245(a) of the INA: A noncitizen lawfully admitted for temporary or permanent residence under 245(a) of the INA (8 U.S.C. 1255(a)) [amnesty granted under INA 245(a)]. Instructions to Housing Authority: Following verification of status claimed by persons declaring eligible immigration status (other than for noncitizens age 62 or older and receiving assistance on June 19, 1995), the HA must enter INS/SAVE Verification Number and date that it was obtained. An HA signature is not required. Instructions to Family Member for Completing Form: On opposite page, print or type first name, middle initial(s) and last name. Place an "x" in the appropriate boxes. Sign and date at bottom page. Place an "Y' in the box below the signature if the signature is by the adult residing in the unit who is responsible for the child. City Council 31 — 20 7/20/2021 Page 13 of 29 m o o m m m c � - m m a m E m m m- - = aci�, U p c J= E o c o Eh o— m is o o �..o @ a� m :° " "vmi E o c L m m> c� 'o m J o =a y y L O- O T m N c r� O.`� J a 3 E-w m J QJ O ry m@ E c x m E a o `^ c 5 r N s �o m C m O 'o 0 m m d 'o oa E G 0 Q a o ._ ...� E E D m OM m m 2 0 E 9 0 0 c a c a r u @ O C @ m) w N C m O x T J @@ L L m yam. d 0 0 Q^ m 4 m m �m.mmE y �O�aaiy�Q Tam `c csm E0� J Q o c ni L m "L C T OU �. N N d N m Q= U N O tx N x J d Z s O O N n O (n �� .�+ N c 3 c n• a m m o m �' m „ M c m¢ _ i° w cJi to >' E E m Ern O U c c J .L- O C C ]. m — 0 J o m w e `° w `° ` w mi d E o c 3= '0 o' 0 0. 3 a >, Z � E c = ._� m tO E -o m Z m >` �p @ @ O .O @@ m m m 0 0 C \ am. C O L @ �. O C7 c m 3 O m m N S `m E C, E i E- _- o m p O p y O a m @ c r N O w E E c- > y n'- co° o iAcoo E'o=.�>, .`c_�NE om�? m dra °�`2 `�om 0 oa O J N Eo wE mm 0 'F p E Ec T L A0 LT-E c tLz aq o Q N mmF, E F �En m= a f ... a sEaai oS m o YEE m = Q `O 'O -O -O OJ -O -O in O O (%% c c C c C J Y U J 0 m m = 0 m E Q O U) E c f. om @N @ E p U) O m >.o.> O@ EL"E O O m OW.0 �o E 0 .E — o o E in m o c o O o m @mEQ -E mz o noymmm- o@ m = OU O 76 m UJ OO`_c O d �0 mm 0 0 p _N > N o m — J J J m E o _w_ d �'`o cQm L_•E' cd cJ>,m aOc�No �mg3ai perTE@ M p Z m M O 03>•m .Qx_ � OJ -ON M @Nm >. 'y>'✓+o� O@— m 5 0xmg �m T �'Tm OEo@w EW o_ o�n 33J n 'Ewo `oJm@m�m E c:E o E@m o 0 o E o c o2o`J °mL oQ 0�wm0o_ a�U > E d0— E > Ua LL Q0 m 0 0 N _ O E E .Lm- Q a �i M v L6 cri '� w Q m r 2 @ > m > o E o S= N m a` E a w s m wizo w °c' E _- E N c m E 0 U a m w wm- @ 2 _ o@ o i & N L a.Ei o"� N 0QU) O o p >. c a a`�i '6 T c �+ W C C d mmo 0 E @ > T w 1 j c 0 o c E J CO w g N 3 J cL x E m mn Q 'a oj, w -o LU a f6 U) W @ Q m Ca'J U06 ED aci c o x _ N d O O N J ,)S\NG 1Nd _ „� Q C of o_ c w w O E o o q Qj.G * bVO 0 ° / z Q .y cEE 3 m @ J w 0 > a � �- z == o O Q) 2 -o m y m w E.a� 0�� u W Lt O J x t6 d PO n _ ri U� 16 ma o_oa L rc oQ N V N N O V N N T O O m 0 c T c "' w LL E T o m o sc O Z N@ Y H OJ a 11J m J U c o y V N iE o aoi `O vUi 8 Q 3 m T i = o> w C m m .E� o L m dV O o a caoT0 m Q ' E O 0 Nco aww' >3 ENm0 o0m 0p V E 0 o x, a U EOMacc _rc m N o .m-. rn.0 L w= m o Y -o H � L m m m m o Z a E t o n 3 �, c o V� c y c.-y LL U E >` W 0 0 tq C O— J' m m ... . v O O s t m s o o =a aci E o > w c C c m Jo .tO o E p N 3 Y U (n fn a�ai m xc_ w oaom m� moow O m m uJi cYi m e m e cOi m `o = E ti @EJ ca cm 0O `r Q.p � 0�QI Jn N U) C WE 3�, >E E LZo n3cw- 0 o U0x0 NO ci O m a d H m w d m E c o m c c x `� J aci p s t c o 0 o> c o p o @a w.-o-EL >,-- w•-t6EQ a }L h m o U> E_ >. o U r m �- ONT.0 GL� 07 NE 0 �0]Nd OU p-0 '6 E N 5 � 'G � iFE >, o m d a p U Q U J N co '� a l(n U U > a E`o m m c Qa E" a= N m c¢ m a Js om m N C m oo'o mLo 0 o->, o m c J d .N O V- p o >m p o W m 0 C U O c L �- N EOV O O O T N O 0-E- O m T to O N> c w m N c a -0 �. - .2 N t m u m -o m `m o o 3 c �n o m .3 v c av'i m m 9 c aj E o .h to ._ _ .N c N 0 J 0 0 O Uf O H .� E N o E E= o m m a��i 3 `o E @ ¢@ 'o m c m o pEE E J a =E a EN EcEm E .2 �N Q J o p m p' of o a -o a o o 'N N 'p� p Q c m m] p !-• T a v T'> -p E �..E 3 v v W `o � ml m Q `m .� A � o 2 s is Q W E =o Q E a m -o 0 09 m m � mm E o � o0 � mE 950 a w mmc w r Nm m � m O N O N U m J m C O E > T ll J m Q c d p T c o p E o y p s m o Ni O E 6E J •~J o c Con- o >' m T N cVi g o c 3 w O 0 m c] O JpEOc�-_2N O� cw E�W E t6 O J W >' m N T U .� <0 O C �. J p 0 0 m c .3 f0 O c m j J c oI U U c N O U >. -� N U L L V N E C p mo 0- o E m o E c a >' E �' -s• o > aai m `° N o m o o _ o o �6 o N y a Jo 3 w d a E o- , o p J E o x E c c N 3 t N m m >, o m p m 9 t o a d E o N o_ o. liJ m m @ 0 3 ++ o f E E o m w Q g aci a cmi o o g •� �. m O a> « o a o J -6 m c J Ui 6 16 0 N Oo m Jp Y TOO CONN O 'RNa mO wp N O a-oQE O E y E E c cJ YO T p o p w H K s a an E o �6 R R O m p EEi ._ N t c L !as c 'a d E T x m a N E ._ E J m cli c•� v �n w .- m E .> J= E y R m E` a N d= N L w O �, d 0 6 N [N.i T L N O E y L V O c p p CC Ed G v OMB No. 2577-0266 Expires 04/30/2023 PPS MEN To, tl\rll l I L N U.S. Department of Housing and Urban Development oG IIIIIIII Q�� Office of Public and Indian Housing 9e4NOE F DEBTS OWED TO PUBLIC HOUSING AGENCIES AND TERMINATIONS Paperwork Reduction Notice: Public reporting burden for this collection of information is estimated to average 7 minutes per response. This includes the time for respondents to read the document and certify, and any recordkeeping burden. This information will be used in the processing of a tenancy. Response to this request for information is required to receive benefits. The agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. The OMB Number is 2577-0266, and expires 04/30/2023• NOTICE TO APPLICANTS AND PARTICIPANTS OF THE FOLLOWING HUD RENTAL ASSISTANCE PROGRAMS: • Public Housing (24 CFR 960) • Section 8 Housing Choice Voucher, including the Disaster Housing Assistance Program (24 CFR 982) • Section 8 Moderate Rehabilitation (24 CFR 882) • Project -Based Voucher (24 CFR 983) The U.S. Department of Housing and Urban Development maintains a national repository of debts owed to Public Housing Agencies (PHAs) or Section 8 landlords and adverse information of former participants who have voluntarily or involuntarily terminated participation in one of the above -listed HUD rental assistance programs. This information is maintained within HUD's Enterprise Income Verification (EIV) system, which is used by Public Housing Agencies (PHAs) and their management agents to verify employment and income information of program participants, as well as, to reduce administrative and rental assistance payment errors. The EIV system is designed to assist PHAs and HUD in ensuring that families are eligible to participate in HUD rental assistance programs and determining the correct amount of rental assistance a family is eligible for. All PHAs are required to use this system in accordance with HUD regulations at 24 CFR 5.233. HUD requires PHAs, which administers the above -listed rental housing programs, to report certain information at the conclusion of your participation in a HUD rental assistance program. This notice provides you with information on what information the PHA is required to provide HUD, who will have access to this information, how this information is used and your rights. PHAs are required to provide this notice to all applicants and program participants and you are required to acknowledge receipt of this notice by signing page 2. Each adult household member must sign this form. What information about you and your tenancy does HUD collect from the PHA? The following information is collected about each member of your household (family composition): full name, date of birth, and Social Security Number. The following adverse information is collected once your participation in the housing program has ended, whether you voluntarily or involuntarily move out of an assisted unit: 1. Amount of any balance you owe the PHA or Section 8 landlord (up to $500,000) and explanation for balance owed (i.e. unpaid rent, retroactive rent (due to unreported income and/ or change in family composition) or other charges such as damages, utility charges, etc.); and 2. Whether or not you have entered into a repayment agreement for the amount that you owe the PHA; and 3. Whether or not you have defaulted on a repayment agreement; and 4. Whether or not the PHA has obtained a judgment against you; and 5. Whether or not you have filed for bankruptcy; and 6. The negative reason(s) for your end of participation or any negative status (i.e., abandoned unit, fraud, lease violations, criminal activity, etc.) as of the end of participation date. City Council 08/2013 31 — 23 7/20/2021 Page 16 of 29 Form HUD-52675 OMB No. 2577-0266 Expires 04/30/2023 Who will have access to the information collected? This information will be available to HUD employees, PHA employees, and contractors of HUD and PHAs. How will this information be used? PHAs will have access to this information during the time of application for rental assistance and reexamination of family income and composition for existing participants. PHAs will be able to access this information to determine a family's suitability for initial or continued rental assistance, and avoid providing limited Federal housing assistance to families who have previously been unable to comply with HUD program requirements. If the reported information is accurate, a PHA may terminate your current rental assistance and deny your future request for HUD rental assistance, subject to PHA policy. How long is the debt owed and termination information maintained in EIV? Debt owed and termination information will be maintained in EIV for a period of up to ten (10) years from the end of participation date or such other period consistent with State Law. What are my rights? In accordance with the Federal Privacy Act of 1974, as amended (5 USC 552a) and HUD regulations pertaining to its implementation of the Federal Privacy Act of 1974 (24 CFR Part 16), you have the following rights: 1. To have access to your records maintained by HUD, subject to 24 CFR Part 16. 2. To have an administrative review of HUD's initial denial of your request to have access to your records maintained by HUD. 3. To have incorrect information in your record corrected upon written request. 4. To file an appeal request of an initial adverse determination on correction or amendment of record request within 30 calendar days after the issuance of the written denial. S. To have your record disclosed to a third party upon receipt of your written and signed request. What do I do if I dispute the debt or termination information reported about me? If you disagree with the reported information, you should contact in writing the PHA who has reported this information about you. The PHA's name, address, and telephone numbers are listed on the Debts Owed and Termination Report. You have a right to request and obtain a copy of this report from the PHA. Inform the PHA why you dispute the information and provide any documentation that supports your dispute. HUD's record retention policies at 24 CFR Part 908 and 24 CFR Part 982 provide that the PHA may destroy your records three years from the date your participation in the program ends. To ensure the availability of your records, disputes of the original debt or termination information must be made within three years from the end of participation date; otherwise the debt and termination information will be presumed correct. Only the PHA who reported the adverse information about you can delete or correct your record. Your filing of bankruptcy will not result in the removal of debt owed or termination information from HUD's EIV system. However, if you have included this debt in your bankruptcy filing and/or this debt has been discharged by the bankruptcy court, your record will be updated to include the bankruptcy indicator, when you provide the PHA with documentation of your bankruptcy status. The PHA will notify you in writing of its action regarding your dispute within 30 days of receiving your written dispute. If the PHA determines that the disputed information is incorrect, the PHA will update or delete the record. If the PHA determines that the disputed information is correct, the PHA will provide an explanation as to why the information is correct. This Notice was provided by the below -listed PHA: I hereby acknowledge that the PHA provided me with the Debts Owed to PHAs & Termination Notice: City Council 31 — 24 7/20/2021 Printed Name Page 17 of 29 08/2013 Form HUD-52675 Authorization for the Release of Information/ Privacy Act Notice to the U.S. Department of Housing and Urban Development (HUD) and the Housing Agency/Authority (HA) PHA requesting release of information; (Cross out space if none) (Full address, name of contact person, and date) Authority: Section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, as amended by Section 903 of the Housing and Community Development Act of 1992 and Section 3003 ofthe Omnibus Budget Reconciliation Act of 1993. This law is round at 42 U.S.C. 3544. This law requires that you sign a consent form authorizing: (1) HUD and the Housing Agency/Authority (HA) to request verifi- cation of salary and wages from current or previous employers; (2) HUD and the HA to requestwage and unemployment compensa- tion claim information from the state agency responsible for keeping that information; (3) HUD to request certain tax return information from the U.S. Social Securitv Administration and the U.S. Internal Revenue Service. Thelaw also requires independent verification of income information. Therefore, HUD or the HA may request information froth financial institutions to verify your cl igibil ity and level of benefits. Purpose: In signing this consent form, you are authorizing HUD and the above -named HA to request income information from the sources listed on the form. HUD and the HA need this information to verify your houschold's income, in order to ensure that YOU arc eligible for assisted housing benefits and that these benefits are set at the correct level. HUD and the HA may participate in computer matching programs with these sources in order to verify your eligibility and level of benefits. Uses of Information to be Obtained: HUD isrequiredtoprotect the income information it obtains in accordance with the Privacy Act of 1974, 5 U.S.C. 552a. HUD may disclose information (other than tax return information) for certain routine uses, such as to other government agencies for law enforcement purposes, to Federal agencies for employment suitability purposes and to HAs for the purpose of determining housing assistance. TheHAisalso required to protect the income information it obtains in accordance with any applicable Stale privacy law. HUD and HA employees may be subject to penalties for unauthorized disclosures or im- proper uses of the income information that is obtained based on the consent form. Private owners may not request or receive information authorized by this form. Who Must Sign the Consent Form: Each member of your household who is 18 years of age or older must sign the consent foram. Additional signatures must be obtained from new adult members joining the household or whenever members of the U.S. Department of HoEsXbi I B IT 2 and Urban Development Office of Public and Indian Housing OMB CONTROL NUMBER: 2501-0014 sxp. 07/31/2021 iHA requesting release of information: Gross out space it none) (Full address, name of contact person, and date) Persons who apply for or receive assistance under the following programs are required to sign this consent form: PHA -owned rental public housing Turnkey III Homeownership Opportunities Mutual Help Homeownership Opportunity Section 23 and 19(c) leased housing Section 23 Housing Assistance Payments HA -owned rental Indian housing Section 8 Rental Certificate Section 8 Rental Voucher Section 8 Moderate Rehabilitation Failure to Sign Consent Form: Your failure to sign the consent form may result in the denial of eligibility or termination of assisted housing benefits, or both. Denial of eligibility or termi- nation of benefits is subject to the HA's grievance procedures and Section 8 informal hearing procedures. Sources of Information To Be Obtained State Wage Information Collection Agencies. (This consent is limited to wages and unemployment compensation I have re- ceived during period(s) within the Last 5 years when I have received assisted housing benefits.) U.S. Social Security Administration (HUD only) (This consent is limited to the wage and self employment information and pay- ments of retirement income as referenced at Section 6103 (1)(7)(A) of the Internal Revenue Code.) U.S. Internal Revenue Service (HUD only) (This consent is limited to unearned income [i.e., interest and dividends].) Information may also be obtained directly from: (a) current and former employers concerning salary and wages and (b) financial institutions concerning unearned income (i.e., interest and divi- dends). I understand that income information obtained from these sources will be used to verify information that I provide in determining eligibility for assisted housing programs and the level of benefits. Therefore, this consent form only authorizes release directly from employers and financial institutions of information regarding any period(s) within the last 5 years when I have received assisted housing benefits. household beco �,ty (yea page' 31 — 25 7/20/2021 Original is retained by the requesting organization. ref. Handbooks 7420.7, 7420.8, & 7465.1 Pagefarm -9886 (07/14) Item #1879 Consent: I consent to allow HUD or the HA to request and obtain income information from the sources listed on this form for the purpose of verifying my eligibility and level of benefits under HUD's assisted housing programs. I understand that HAS that receive income information under this consent form cannot use it to deny, reduce or terminate assistance without first independently verifying what the amount was, whether I actually had access to the funds and when the funds were received. In addition, I must be given an opportunity to contest those determinations. This consent form expires 15 months after signed. Signatures: Head of Household Date Social Security Number (if any) of Head of Household Other Family Member over age 18 Date Spouse Date Other Family Member over age 18 Date Other Family Member over age 18 Date Other Family Member over age 18 Date Other Family Member over age 18 Date Other Family Member over age 18 Date Privacy Act Notice. Authority: The Department of Housing and Urban Development (HUD) is authorized to collect this information by the U.S. Housing Act of 1937 (42 U.S.C. 1437 et. seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), and by the Fair Housing Act (42 U.S.C. 3601-19). The Housing and Community Development Act of 1987 (42 U.S.C. 3543) requires applicants and participants to submit the Social Security Number of each household member who is six years old or older. Purpose: Your income and other information are being collected by HUD to determine your eligibility, the appropriate bedroom size, and the amount your family will pay toward rent and utilities. Other Uses: HUD uses your family income and other information to assist in managing and monitoring HUD-assistedhousingprograms, to protect the Government's financial interest, and to verify the accuracy of the inforniationyouprovide. This information may be released to appropriate Federal, State, and local agencies, when relevant, and to civil, criminal, or regulatory investigators and prosecutors. However, the information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. Penalty: You must provide all of the information requested by the HA, including all Social Security Numbers you, and all other household members age six years and older, have and use. Giving the Social Security N umbers of all household members six years of age and older is mandatory, and not providing the Social Security Numbers will affect your eligibility. Failure to provide any of the requested information may result in a delay or rejection of your eligibility approval. Penalties for Misusing this Consent: HUD, the HA and any owner (or any employee of HUD, the HA or the owner) may be subject to penalties for unauthorized disclosures or improper uses of information collected based on the consent form. Use of the information collected based on the form HUD 9886 is restricted to the purposes cited on the form HUD 9886. Any person who knowingly or willfully requests, obtains or discloses any information under false pretenses concerning an applicant or participant may be subject to a misdemeanor and fined not more than $5,000. Any applicant or partil{igatrF Ofif ,te� by negligent disclosure of information may bri civil ay n for damages, and seek oth�r�r��f2 Ty be appropriate, against the officer or emploZfe�erog Cf fFie HA or the owner responsible for the unauthoriz d discl6 re or improper use. Page - Original is retained by the requesting organization. ref. Handbooks 7420.7, 7420.8, & 7465.1 farm -9886 (07/14) OMB Control # 2502-0581 EXH t%T(2/28/2019) Supplemental and Optional Contact Information for HUD -Assisted Housing Applicants SUPPLEMENT TO APPLICATION FOR FEDERALLY ASSISTED HOUSING This form is to be provided to each applicant for federally assisted housing Instructions: Optional Contact Person or Organization: You have the right by law to include as part of your application for housing, the name, address, telephone number, and other relevant information of a family member, friend, or social, health, advocacy, or other organization. This contact information is for the purpose of identifying a person or organization that may be able to help in resolving any issues that may arise during your tenancy or to assist in providing any special care or services you may require. You may update, remove, or change the information you provide on this form at any time. You are not required to provide this contact information, but if you choose to do so, please include the relevant information on this form. Applicant Name: Mailing Address: Telephone No: Cell Phone No: Name of Additional Contact Person or Organization: Address: Telephone No: Cell Phone No: E-Mail Address (if applicable): Relationship to Applicant: Reason for Contact: (Check all that apply) ❑ emergency ❑ Assist with Recertification Process ❑ Unable to contact you ❑ Change in lease terns ❑ Termination of rental assistance ❑ Change in house rules ❑ eviction from unit ❑ Other: ❑ Late payment of rent Commitment of Housing Authority or Owner: If you are approved for housing, this information will be kept as part of your tenant file. If issues arise during your tenancy or if you require any services or special cue, we may contact the person or organization you listed to assist in resolving the issues or in providing any services or special care to you. Confidentiality Statement: The information provided on this fort is confidential and will not be disclosed to anyone except as permitted by the applicant or applicable law. Legal Notification: Section 644 of the Housing and Community Development Act of 1992 (Public Law 102-550, approved October 28, 1992) requires each applicant for federally assisted housing to be offered the option of providing information regarding an additional contact person or organization. By accepting the applicant's application, the housing provider agrees to comply with the non-discrimination and equal opportunity requirements of 24 CFR section 5.105, including the prohibitions on discrimination in admission to or participation in federally assisted housing programs on the basis of race, color, religion, national origin, sex, disability, and familial status under the Fair Housing Act, and the prohibition on age discrimination under the Age Discrimination Act of 1975. ❑ Check this box if you choose not to provide the contact information. Signature of Applicant Date The intonmation no ecton vraivo,ens contained in this torn were submitted m d¢ Office of Management and Badger (OVE) under thePapew rk Reduction Alt of 1995 t44 U.S.C. 3501-3520). The public repeating burden is estimated at 15 natures pet response including the time tier reviewing instructions, searching existing data samces, eatherine and maintaining the data needrd, and enmpletiag and reviewingthe cAlection of intnrmation. Section 644 of the Housing and Conai iryDevelegnnent Act of 1992(42U.SC'.13604) imposed on HUD the oh liotiohn no require housin,providers participating in HUD's assured housing programs to pnmide any individual arrands appl}ing tot occupancy in HIID-assisted housing with the option to Include in the algrlication for occupancy the name, address, telephone nnmba', and other relevant information ofa tastily member, a rid. or person associated with a social, health, ad wocacy, or shnilar organization. The (itjective ofpiovidine such inturmation is to tacilimde contact by the housing provider with the person or organization identified by the tenant to assist in pu) - ding any delivery of services a special care to the tenant and assist with resolving any tenancy issues arising daring the tenancy of auch detract This supplennental application information is to be mainmined by the housing provider and maintained as amfidendal i durication_ Pro,iding the infonmatinn is basic to he operations lithe HUD Assisted -Housing Program and is voluutuv U supports statnmry requiremenus and program and management wntmis that prevent hand, waste and mismanagement In accordance with the Paperwork Redaction Act, at agencynuy not ennduct m'sp noic. and a person is not required to rcghond to, a collection of infonuation, unles, the collection displays a cra City Council 31 — 27 7/20/2021 Privacy SannunC Public I.aw 102-550, aldcairea the nepartment of Housing and Urban nerclopment (HUD) to Collectall the information (excepuhe Social Security Number (SSN)j which will be toed by HUD m protect disbhusemenl data from fmudulem actions_ Page 20 of 29 Form HUD- 9211116 05,09) WNMMI10.11IN dcco urrity Resources Orange County Housing Authority Statement of Facts Warnina: It is unlawful to "knowingly and willfully" make any "materially false, fictitious, or fraudulent statements or representation" to a federal agency. Violations can be punished under Section 2 of the False Statements Act by a fine and/or imprisonment of not more than 5 years. [18 U.S.C. § 1001] certify, under penalty of perjury under the laws of the United States of America and the State of California. that the above information is true and correct. Signature Date City Council 31 — 28 7/20/2021 Page 21 of 29 SAHousing Assistance\Residency\Forms\Statement of Facts - Blank 2008-04.doc WOOMI10.11 WA Documents Checklist for the Emergency Housing Voucher Program Public Housing Authority Application This checklist expires 1213112021 The following documents are required in order to submit a complete application to the Public Housing Authority (PHA). Please note that additional documentation may be requested at the discretion of the PHA. It is strongly encouraged that all required documentation be submitted prior to admission to the program. Required PHA Forms ❑ Tenant Information Form (All sections completed or marked N/A if not applicable) ❑ Declaration of214Status ❑ What you should know about EIV ❑ Debts owed to Public Housing Authorities and Terminations ❑ Authorization forthe Release of Information/Privacy Act Notice ❑ Supplement to Application for Federally Assisted Housing Identification (For all household members) * ❑ Social Security Cards ❑ CA State Driver's License or Photo ID ❑ Eligible Citizenship Documentation, such as Birth Certificate, Resident Alien Card/Alien Number, or Certificate of Naturalization * If unavailable at time of referral, per PIH Notice 2021-15, the PHA will accept a statement certifying Social Security Number, Date of Birth, and/or Citizenship. If client provides PHA self -certification, client must provide applicable verification, of SSN or citizenship within 180 days or verification of date of birth or disability status within 90 days of admission to the program. Failure to do so may result in termination from the program. Unearned Income (All forms of unearned income must be disclosed for all household members)** For all unearned income types, please provide the most recent benefit statement unless otherwise noted ❑ Social Security/SSI ❑ Pension ❑ Unemployment(EDD) ❑ Food Stamps and/or Cash Aid (TANF/AFDC) ❑ Disability ❑ Veteran's Benefit ❑ Worker's Compensation ❑ Child Support— CSS statement or similar governmental statement, divorce decree, or statement from paying party certifying amount paid ❑ Alimony— divorce decree or statement from paying party certifying amount paid ❑ Contributions to you or yourfamily— letter from contributing party certifying monthly gross amount paid ❑ other City Council 31 — 29 7/20/2021 Page 22 of 29 WNOMI1:31WA Earned Income (All forms of earned income must be disclosed for all household members)** ❑ Last three (3) months of consecutive employment check stubs ❑ Cash employment — cash payment history for the last three to six months and most current tax return or IRS verification of non -filing. ❑ Self-employment verification -- most recent complete tax returns, including schedule C or the last three to six months payment history ❑ Other Assets (All asset information must be disclosed for all household members)** For purposes of the PHA, an asset includes the following: 401(k)1403(b), bonds, Certificate of Deposit (CD), checking account, Individual Retirement Account (IRA), inheritances, life insurance policies, money market accounts, mutualfunds, pensions, real property, savings account, stocks, and trustfunds ❑ 3 months consecutive bank statements for all checking and savings accounts ❑ Most recent statement for all other assets (i.e. IRA, 401(k), CD, stocks, bonds, investments, annuities, etc.) ❑ Life insurance —statement/letter showingcash value/surrender value ❑ Last Income Tax Return Filed, including W-2 (i.e. 1040, 540,1099 Schedule C) foreach person who filed ❑ If any member of the family has disposed of an asset valued at more than $1000forless than market value during the past 2 years — provide all documents of sale, transfer bankruptcy, or foreclosures including documents showingany net monetary gain from the transaction ❑ Other Other** ❑ Medical expenses: when medical expenses exceed 3% of your gross annual income - pharmacy printouts, receipts for services and supplies, premium statements, etc., for the last 12 months ❑ Students, if applicable — class schedule and financial aid information ** If unavailable at time of referral, per PIH Notice 2021-14, the PHA will accept an affidavit attesting to reported income, assets, expenses, and other factors which would affect an income eligibility determination. Additionally, applicants may provide documentation that is not dated within 60 days of the PHA's request. For example, an SSI benefit letter issued 11/2020 showingthe 2021 benefit amount and provided 7/2021 would be acceptable. To note, the PHA is still required to verify income against EIV data and is required to follow up on any discrepancies noted between the reported income and EIV data. Any misrepresentation of income received may result in termination from the program. If a statement/affidavit is to be provided in lieu of verification at the time of referral, please use the Statement of Facts form provided in the application packet. Please use a separate form for each adult household member providing said statement/affidavit and for each category above. City Council 31 — 30 7/20/2021 Page 23 of 29 HOMELESSNESS CERTIFICATION FOR WNOMII:31WA EMERGENCY HOUSING VOUCHERS Client Name: Number of Adults in Household: ' oor ina e ENTRY SYSTEM Date of Birth: Number of Minor Children in Household: This is to certify the above -named person's or household's current living situation. This certificate must be completed by an agency recognized by the Continuum of Care (CoC) as having a program designed to serve persons living on the street or other places not meant for human habitation, appears on the CoC's Housing Inventory Chart or is otherwise recognized by the CoC as part of the CoC inventory. Please check only one section. Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings, streets/sidewalks) The person(s) named above is/are currently living in (or, if currently in hospital or other institution for less than 90 days, was living in immediately prior to hospital/institution admission) a public or private place not designated for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or camp ground. Living Situation: Emergency Shelter The person(s) named above is/are currently living in (or, if currently in hospital or other institution for less than 90 days, was living in immediately prior to hospital/institution admission) a supervised publicly or privately operated shelter. Living Situation: Recently Homeless The person(s) named above is/are currently receiving financial and supportive services for persons who are formerly homeless and were living in emergency shelter or a place not meant for human habitation immediately prior to program enrollment. Loss of such assistance would result in a return to homelessness. I certify that that the information reported above is accurate and correct. Name: Title: Signature: City Council Phone #: Agency: Date: 31 — 31 version 06/25/2021 Page 24 of 29 VICTIM SERVICE PROVIDER CERTIFICATION WNOMII:31IN FOR EMERGENCY HOUSING VOUCHERS Client Name: Number of Adults in Household: f O(7 IC1CI e ENTRY SYSTEM Date of Birth: Number of Minor Children in Household: This is to certify that the above named individual or household meets the definition for persons who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking. Name: Title: Signature: Phone #: Agency: Date: Confidentiality: All information provided concerning the incident(s) of domestic violence, dating violence, sexual assault, stalking, or human trafficking shall be kept confidential and such details shall not be entered into any shared database. This information must be protected and must not be disclosed to any other entity or individual, except to the extent that disclosure is: (i) consented to by the applicant/tenant in writing in a time - limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. City Council 31 — 32 7/20/202-1 version 06/25/2021 Page 25 of 29 EXHIBIT 2 RE-ENTRY AND INSTITUTIONAL SETTING CERTIFICATION FOR EMERGENCY HOUSING VOUCHERS a 4 (7 71 e ENTRY SYSTEM Client Name: Date of Birth: This is to certify that the above -named individual's current or previous residence in an institutional setting. This certificate must be completed by a representative of an institution or component of the system of care, such as a health care facility, a mental health facility, foster care or other youth facility, or correction program or institution. The individual above must also be experiencing homelessness or at -risk of homelessness as defined in the McKinney-Vento Homeless Assistance Act. Please check the applicable section(s). ❑ Current Living Situation: Institutional Setting The person named above is currently living in a publicly funded institution, including a foster care home or foster care group home, hospital or other residential non -psychiatric medical facility, jail, prison or juvenile detention facility, long-term care facility or nursing home, psychiatric hospital or other psychiatric facility, or a substance abuse treatment facility or detox center, and will be discharged to a community setting. The expected discharge date for this person is: ❑ Prior Living Situation: Institutional Setting In the past 90 days, the person named above was living in an institutional setting, including a foster care home or foster care group home, hospital or other residential non -psychiatric medical facility, jail, prison or juvenile detention facility, long-term care facility or nursing home, psychiatric hospital or other psychiatric facility, or a substance abuse treatment facility or detox center. The discharge date for this person was: ❑ Criminal Justice Supervision The person named above is currently receiving criminal justice supervision such as probation or parole. I certify that that the information reported above is accurate and correct. Name: Title: Signature: City Council Phone #: Agency: Date: 31 — 33 version 06/25/2021 Page 26 of 29 WMu:1111111N ATTACHMENT 5. EMERGENCY HOUSING VOUCHER REFERRAL EMAIL The Office of Care Coordination on behalf of the Coordinated Entry System (CES) will be facilitating communication for referrals made to the Emergency Housing Vouchers. The following is a template email that will be provided to the appropriate Public Housing Authority (PHA) to facilitate the referral and next steps. To: PHA Cc: CES ACCESS POINT; HOUSING SERVICE PROVIDER Subject: Referral: Emergency Housing Voucher Unique ID: Subpopulation: CES is referring the applicant above to the Emergency Housing Voucher Program. The application and eligibility documents are available in HMIS. The contact information for the current CES Access Point and assigned Housing Service Provider are listed below. Please coordinate with the applicant, CES Access Point and Housing Service Provider to complete the intake process. CES Access Point: Housing Service Provider: City Council 31 — 34 7/20/2021 Page 27 of 29 WNOMI10.11WA ATTACHMENT 6. EMERGENCY HOUSING VOUCHER REFERRAL WORKFLOW Emergency Housing Voucher Workflow PHA or Designee Requests Referrals from CES CES Prioritizes & Matches Appropriate Households CES Collects Application and Supporting Documents CES Refers Applicants to PHA or Designee & Service Provider PHA or Designee notifies Applicant and Service Provider of any Denials or Pending Documents PHA or Designee Eligibility & Intal<e with Applicant & Service Provider Service Provider Supports Applicant with Submitting Pending PHA Issues Voucher Documents or Reasonable Accommodation Request as Eligible and PHA Completes Leasing Appropriate Process ^A City Council 31 — 35 7/20/2021 Page 28 of 29 Emergency Housing Voucher Program Workflow The Public Housing Authority (PHA) or Designee will request referrals from the OC Coordinated Entry System (CES) through the OC Homeless Management Information System (HMIs). One referral will be requested for every available Emergency Housing Voucher (EHV). CES will provide replacement referrals for any Applicant who does not complete the application process. CES will prioritize and match appropriate households based on presumptive eligibility. CES will use the prioritization process approved by the Orange County Continuum of Care (CoC) Board, as reflected in the CES policies and procedures. Matches will be made based on the allocations outlined in the EHV Memorandum of Understanding. CES will collect applications and supporting documents prior to submitting referrals to the PHA or Designee. The Applicant will have a maximum of 30 days to upload the minimally required application and supporting documents to HMIS. CES will decline Applicants in HMIS who do not submit required documents within 30 days. CES will refer Applicants to the PHA or Designee and assigned Service Provider by email on an ongoing basis as complete applications and supporting documents are uploaded to HMIS. The referral will consist of a statement of presumptive eligibility and a link to the HMIS client record where all application documents will be available to download as needed. PHA or Designee will initiate the eligibility screening and intake with the Applicant and Service Provider. PHA or Designee will notify the Applicant and Service Provider of any pending documents or denials. Service Provider will support Applicants with submitting pending documents or reasonable accommodation requests as eligible and appropriate. PHA or Designee will deny the Applicant in HMIS after the final notice due date or the end of the appeal period if the voucher will not be issued. PHA or Designee will make all reasonable efforts to distribute a bi-weekly report of application status to CES and Service Provider. PHA issues a voucher and provides an electronic copy to Applicant, Service Provider, and CES. PHA or Designee will enroll the applicant in HMIS. Once the voucher is issued, Service Provider will continue to support the Applicant with their housing search and support the Applicant with submitting the Request for Tenancy Approval (RTA) to PHA. PHA will complete the unit inspection and leasing process. Applicant completes move in and is HOUSED. PHA or Designee will enter move in date and exit Applicant from CES in HMIS. City Council 31 — 36 7/20/2021 Page 29 of 29 Temporary Policy Supplement EMERGENCY HOUSING VOUCHERS (EHVs) INTRODUCTION On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L 117-2). Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVID-19. On May 5, 2021, HUD issued Notice PIH 2O21-15, which described HUD's process for allocating approximately 70,000 EHVs to eligible PHAs and set forth the operating requirements for PHAs who administer them. Based on criteria outlined in the notice, HUD notified eligible PHAs of the number of EHVs allocated to their agency, and PHAs were able to accept or decline the invitation to participate in the program. PHAs may not project -base EHVs; EHVs are exclusively tenant -based assistance. All applicable nondiscrimination and equal opportunity requirements apply to the EHV program, including requirements that the PHA grant reasonable accommodations to persons with disabilities, effectively communicate with persons with disabilities, and ensure meaningful access for persons with limited English proficiency (LEP). This chapter describes HUD regulations and PHA policies for administering EHVs. The policies outlined in this chapter are organized into seven sections, as follows: Part 1: Funding Part 11: Partnering Agencies Part III: Waiting List Management Part IV: Family Eligibility Part V: Housing Search and Leasing Part Vl: Use of Funds, Reporting, and Financial Records Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to EHVs. City Council Page TSP31 — 37 Adniin7�� 2,fiii21 City Council Page TSP31 — 38 AdminW26rfll2fi/1/zl PART I: FUNDING TPS-I.A. FUNDING OVERVIEW The American Rescue Plan Act of 2024 (ARP) provides administrative fees and funding for the costs of administering emergency housing vouchers (EHVs) and other eligible expenses defined in Notice PIH 2O21-15. These fees may only be used for EHV administration and other eligible expenses and must not be used for or applied to other PHA programs or vouchers. The PHA must maintain separate financial records from its regular HCV funding for all EHV funding. Housing Assistance Payments (HAP) Funding ARP funding obligated to the PHA as housing assistance payments (HAP) funding may only be used for eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV administrative expenses or for the eligible uses under the EHV services fee. The initial funding term will expire December 31, 2022. HUD will provide renewal funding to the PHA for the EHVs on a calendar year (CY) basis commencing with CY 2023. The renewal funding allocation will be based on the PHA's actual EHV HAP costs in leasing, similar to the renewal process for the regular HCV program. EHV renewal funding is not part of the annual HCV renewal funding formula; EHVs are renewed separately from the regular HCV program. All renewal funding for the duration of the EHV program has been appropriated as part of the ARP funding. Administrative Fee and Funding The following four types of fees and funding are allocated as part of the EHV program Preliminary fees support immediate start-up costs that the PHA will incur in implementing alternative requirements under EHV, such as outreach and coordination with partnering agencies: - $400 per EHV allocated to the PHA, once the consolidated annual contributions contract (CACC) is amended. - This fee may be used for any eligible administrative expenses related to EHVs. - The fee may also be used to pay for any eligible activities under EHV service fees (TPS- I.13). City Council Page TSP31 — 39 Adniin7�� pfiti21 • Placement fees/expedited issuance reporting fees will support initial lease -up costs and the added cost and effort required to expedite leasing of EHVs: $100 for each EHV initially leased, if the PHA reports the voucher issuance date in Public Housing Information Center —Next Generation (PIC—NG) system within 14 days of voucher issuance or the date the system becomes available for reporting. - Placement fees: $500 for each EHV family placed under a HAP contract effective within four months of the effective date of the ACC funding increment; or o $250 for each EHV family placed under a HAP contract effective after four months but less than six months after the effective date of the ACC funding increment. o HUD will determine placement fees in the event of multiple EHV allocations and funding increment effective dates. - Placement/expedited issuance fees only apply to the initial leasing of the voucher; they are not paid for family moves or to turnover vouchers. • Ongoing administrative fees, which are calculated in the same way as the standard HCV program: - PHAs are allocated administrative fees using the full column A administrative fee amount for each EHV under contract as of the first day of each month. - Ongoing EHV administrative fees may be subject to proration in future years, based on available EHV funding. Services fees, which are a one-time fee to support PHAs' efforts to implement and operate an effective EHV services program in its jurisdiction (TPS-I.B): - The fee is allocated once the PHA's CACC is amended to reflect EHV funding. - The amount allocated is $3,500 for each EHV allocated. City Council Page TSP34 — 40 Admin7��pj f/r/2r TPS-I.B. SERVICE FEES Services fee funding must be initially used for defined eligible uses and not for other administrative expenses of operating the EHV program. Service fees fall into four categories: • Housing search assistance • Security deposit/utility deposit/rental application/holding fee uses • Owner -related uses • Other eligible uses such as moving expenses or tenant -readiness services The PHA must establish the eligible uses and the parameters and requirements for service fees in the PHA's administrative plan. PHA Policy SAHA will enter into an Agreement with a Service Provider to provide the following services. The eligible uses for service fees include: Housing search assistance, which may include activities such as, but not limited to, helping a family identify and visit potentially available units during their housing search, helping to find a unit that meets the household's disability -related needs, providing transportation and directions, assisting with the completion of rental applications and PHA forms, and helping to expedite the EHV leasing process for the family. Application fees/non-refundable administrative or processing fees/refundable application deposit assistance. The PHA may choose to assist the family with some or all these expenses. Holding fees are fees an owner requests that are rolled into the security deposit after an application is accepted but before a lease is signed. The PHA may cover part or all of the holding fee for units where the fee is required by the owner after a tenant's application has been accepted but before the lease signing. The PHA and owner must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease. Security deposit assistance. The amount of the security deposit assistance may not exceed the lesser of two months' rent to owner, the maximum security deposit allowed under applicable state and/or local law, or the actual security deposit required by the owner. The PHA may pay the security deposit assistance directly to the owner or may pay the assistance to the family. If paid to the family, the PHA will require documentation that the family paid the security deposit. City Council Page TSP31 — 41 Admin7��pjo2if/llzl Utility deposit assistance/utility arrears. The PHA may provide utility deposit assistance for some or all of the family's utility deposit expenses. Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease. The PHA may pay the utility deposit assistance directly to the utility company or may pay the assistance to the family. If paid to the family, the PHA will require documentation the family paid the utility deposit. The PHA will require the utility supplier or family to return the utility deposit assistance to the PHA at such time the deposit is returned by the utility supplier (less any amounts retained by the utility supplier). In addition, some families may have large balances with gas, electric, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant -supplied utilities. The PHA may also provide the family with assistance to help address these utility arrears to facilitate leasing. Utility deposit assistance returned to the PHA will be used for either services fee eligible uses or other EHV administrative costs, as required by HUD. Owner recruitment and outreach for EHVs. The PHA may use the service fee funding to conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner recruitment and outreach, activities may include conducting pre - inspections or otherwise expediting the inspection process, providing enhanced customer service, and offering owner incentive and/or retention payments. Owner incentive and/or retention payments. The PHA may make incentive or retention payments to owners that agree to initially lease their unit to an EHV family and/or renew the lease of an EHV family. Payments will be made as a single payment at the beginning of the assisted lease term (or lease renewal if a retention payment). Owner incentive and retentions payments are not housing assistance payments, are not part of the rent to owner, and are not taken into consideration when determining whether the rent for the unit is reasonable. Moving expenses (including move -in fees and deposits). The PHA mad provide assistance for some or all of the family's reasonable moving expenses when they initially lease a trait with the EHV. The PHA will not provide moving expenses assistance for subsequent moves unless the family is required to move for reasons other than something the family did or failed to do (e.g., the PHA is terminating the HAP contact because the owner did not fulfill the owner responsibilities under the HAP contract or the owner is refusing to offer the family the opportunity to enter a new lease after the initial lease term, as opposed to the family choosing to terminate the tenancy in order to move to another unit), or a family has to move due to domestic violence, dating violence, sexual assault, or stalking. Tenant -readiness services. The PHA may use fees to help create a customized plan to address or mitigate banners that individual families may face in renting a unit with an EHV, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other community resources (including COVID-related resources) that can assist with rental arrears. City Council Page TSP3Q — 42 Adniin7��/fi/1l31 Essential household items. The PHA may use services fee funding to assist the family with some or all of the costs of acquiring essential household items such as tableware, cooking equipment, beds or bedding, and essential sanitary products such as soap and toiletries. Renter's insurance if required by the lease. The PHA may choose to assist the family with some or all this cost. Any services fee assistance that is returned to the PHA after its initial or subsequent use may only be applied to the eligible services fee uses defined in Notice P1H 2O21-15 (or subsequent notice) or other EHV administrative costs. Any amounts not expended for these eligible uses when the PHA's EHV program ends must be remitted to HUD. City Council Page TSP31 — 43 Adniin7��p i" f/1/2l City Council Page TSP31 — 44 AdminW26rfll2fi/1/zl PART II: PARTNERING AGENCIES TPS-II.A. CONTINUUM OF CARE (CoC) PHAs that accept an allocation of EHVs are required to enter into a Memorandum of Understanding (MOU) with the Continuum of Care (CoC) to establish a partnership for the administration of EHVs. PHA Policv The PHA has entered into an MOU with the Health Care Agency, Office of Care Coordination functioning as the Administrative Entity and Collaborative Applicant for the Orange County Continuum of Care. TPS-H.B. OTHER PARTNERING ORGANIZATIONS The PHA may, but is not required to, partner with other organizations trusted by persons experiencing homelessness, such as victim services providers (V SPs) and other community partners. if the PHA chooses to partner with such agencies, the PHA must either enter into an MOU with the partnering agency or the partnering agency may be added to the MOU between the PHA and CoC. PHA Policv The PHA has added other partnering agencies to the MOU between the PHA and CoC including but not limited to: Service Providers designed by the PHA to fulfill the Service Providers Role and Responsibilities in the MOU; Service Providers who assist referrals made to the PHA from the Coordinated Entry System; United Way of Orange County; and the Housing for Health Orange County Collaborative. TPS-II.C. REFERRALS CoC and Partnering Agency Referrals The primary responsibility of the CoC under the MOU with the PHA is to make direct referrals of qualifying individuals and families to the PHA. The PHA must generally refer a family that is seeking EHV assistance directly from the PHA to the CoC or other referring agency for initial intake, assessment, and possible referral for EHV assistance. Partner CoCs are responsible for determining whether the family qualifies under one of the four eligibility categories for EHVs. The CoC or other direct referral partner must provide supporting documentation to the PHA of the referring agency's verification that the family meets one of the four eligible categories for EHV assistance. City Council Page TSP3q — 45 Adniin7��2tfi1i21 PHA Policy The CoC or partnering agency must establish and implement a system to identify EHV- eligible individuals and families within the agency's caseload and make referrals to the PHA. The CoC or other partnering agency must certify that the EHV applicants they refer to the PHA meet at least one of the four EHV eligibility criteria. The PHA will maintain a copy of the referral or certification from the CoC or other partnering agency in the participant's file along with other eligibility paperwork. Homeless service providers may, but are not required to, use the certification form found in Exhibit TPS-2 of this chapter. Victim services providers may, but are not required to, use the certification form found in Exhibit TPS-3 of this chapter when identifying eligible families who qualify as victims of human trafficking. As part of the MOU, the PHA and CoC or other partnering agency will identify staff positions to serve as lead EHV liaisons. These positions will be responsible for transmission and acceptance of referrals. The CoC or partnering agency must commit sufficient staff and resources to ensure eligible individuals and families are identified and determined eligible in a timely manner. The PHA liaison responsible for acceptance of referrals will contact the CoC or partnering agency liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. No more than five business days from the date the CoC or partnering agency receives this notification, the CoC or partnering agency liaison will provide the PHA with a list of eligible referrals including the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating they are EHV-eligible. Offers of Assistance with CoC Referral The PHA may make an EHV available without a referral from the CoC or other partnering organization in order to facilitate an emergency transfer under VAWA in accordance with the PHA's Emergency Transfer Plan (ETP) in Chapter 16. The PHA must also take direct referrals from outside the CoC if: • The CoC does not have a sufficient number of eligible families to refer to the PHA; or • The CoC does not identify families that maybe eligible for EHV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking. If at any time the PHA is not receiving enough referrals or is not receiving referrals in a timely manner from the CoC or other partner referral agencies (or the PHA and CoC cannot identify any such alternative referral partner agencies), HUD may permit the PHA on a temporary or permanent basis to take EHV applications directly from applicants and admit eligible families to the EHV program in lieu of or in addition to direct referrals in those circumstances. City Council Page TSP31)— 46 Admin7��pif/1/21 PART III: WAITING LIST MANAGEMENT TPS-III. A. HCV WAITING LIST The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions in accordance with admission policies in Chapter 4 does not apply to PHAs operating the EHV program. Direct referrals are not added to the PHA's HCV waiting list. The PHA must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either by posting the information to their website or providing public notice in their respective communities in accordance with the requirements listed in Notice PIH 2O21-15. PHA Policv The PHA will post information about the EHV program for families on the PHA's HCV waiting list on their website. The notice will: Describe the eligible populations to which EHVs are limited Clearly state that the availability of these EHVs is managed through a direct referral process Advise the family to contact the CoC (or any other PHA referral partner, if applicable) if the family believes they may be eligible for EHV assistance The PHA will ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication -related disabilities in accordance with Chapter 2. The PHA will also take reasonable steps to ensure meaningful access for persons with linuted English proficiency (LEP) in accordance with Chapter 2 by translating this information into Spanish and Vietnamese. TPS-III.B. EHV WAITING LIST The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program do not apply to PHAs operating the EHV program. Instead, when the number of applicants referred by the CoC or partnering agency exceeds the EHVs available, the PHA must maintain a separate waiting list for EHV referrals, both at initial leasing and for any turnover vouchers that may be issued prior to September 30, 2023. Further, the EHV waiting list is not subject to PHA policies in Chapter 4 regarding opening and closing the HCV waiting list. The PHA will work directly with its CoC and other referral agency partners to manage the number of referrals and the size of the EHV waiting list. City Council Page TSP31— 47 Adniin7�� pfiti21 TPS-III.C. PREFERENCES EHV Waiting List Preferences With the exception of a residency preference, the PHA may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for EHVs. The PHA may, however, choose to not establish any local preferences for the EHV waiting list. PHA Policv No local preferences have been established for the EHV waiting list. City Council Page TSP3T— 48 Adnun7�� pfiiizI PART IV: FAMILY ELIGIBLTY TPS-IV.A. OVERVIE`V The CoC or referring agency determines whether the individual or family meets any one of the four eligibility criteria described in Notice PIH 2O21-15 and then refers the family to the PHA. The PHA determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV program and outlined below. TPS-1V.B. REFERRING AGENCY DETERMINATION OF ELIGIBLITY In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria: • Homeless as defined in 24 CFR 578.3; • At risk of homelessness as defined in 24 CFR 578.3; • Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as defined in Notice PIH 2O21-15), or htnnan trafficking (as defined in the 22 U.S.C. Section 7102); or • Recently homeless and for whom providing rental assistance will prevent the family's homelessness or having high risk of housing instability as determined by the COC or its designee in accordance with the definition in Notice PTH 2021-15. As applicable, the CoC or referring agency must provide documentation to the PHA of the referring agency's verification that the family meets one of the four eligible categories for EHV assistance. The PHA must retain this documentation as part of the family's file. City Council Page TSP3$— 49 Adniin7�� pfiri21 TPS-IV.C. PHA SCREENING= Overview HUD waived 24 CFR 982.552 and 982.553 in part for the EHV applicants and established alternative requirement for mandatory and permissive prohibitions of admissions. Except where applicable, PHA policies regarding denials in Chapter 3 of this policy do not apply to screening individuals and families for eligibility for an EHV. Instead, the EHV alternative requirement listed in this section will apply to all EHV applicants. The mandatory and permissive prohibitions listed in Notice PIH 2O21-15 and in this chapter, however, apply only when screening the individual or family for eligibility for an EHV. When adding a family member after the family has been placed under a HAP contract with EHV assistance, the regulations at 24 CFR 982.551(h)(2) apply. Other than the birth, adoption, or court -awarded custody of a child, the PHA must approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing so. Mandatory Denials Under alternative requirements for the EHV program, mandatory denials for EHV applicants include: 24 CFR 982.553(a)(1)(ii)(C), which prohibits admission if any household member has ever been convicted of drug -related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. 24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the household is subject to a lifetime registration requirement tinder a state sex offender registration program. The PHA must deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family of the limited EHV grounds for denial of admission first. PHA Policv While the PHA will deny admission to the program if any adult member (or head of household or spouse, regardless of age) fails to sign and submit consent forms, the PHA will first notify the family of the limited EHV grounds for denial of admission as part of the notice of denial that will be mailed to the family. City Council Page TSP3I1— 50 Admin7��pjo2if/1/21 Permissive Denial Notice PIH 2O21-15 lists permissive prohibitions for which the PHA may, but is not required to, deny admission to EHV families. The notice also lists prohibitions that, while allowable under the HCV program, may not be used to deny assistance for EHV families. If the PHA intends to establish permissive prohibition policies for EHV applicants, the PHA must first consult with its CoC partner to understand the impact that the proposed prohibitions may have on referrals and must take the CoUs recommendations into consideration. PHA Policv In consultation with the CoC, the PHA will apply permissive prohibition to the screening of EHV applicants. Determinations using permissive prohibitions will be made based on an individualized assessment of relevant mitigating information in accordance with policies in Section 3-III.E. The PHA will establish the following permissive prohibitions: If the PHA determines that any household member is currently engaged in, or has engaged in within the previous 12 months: Violent criminal activity Other criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity If the family engages in or threatens abusive or violent behavior toward PHA personnel. The PHA will also deny assistance to household members already receiving assistance from another program in accordance with Section 9.h. of Notice PIH 2O21-15. Prohibitions based on criminal activity for the eligible EHV populations regarding drug possession will be considered apart from criminal activity against persons (i.e., violent criminal activity). City Council Page TSP3$— 51 Admin7��po2tfA/2I In compliance with PIH 2O21-15, the PHA will not deny an EHV applicant admission regardless of whether: Any member of the family has been evicted from federally assisted housing in the last five years; A PHA has ever terminated assistance under the program for any member of the family; The family currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act; The family has not reimbursed any PHA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease; The family breached an agreement with the PHA to pay amounts owed to a PHA, or amounts paid to an owner by a PHA; The family would otherwise be prohibited admission under alcohol abuse standards established by the PHA in accordance with 24 CFR 982.553(a)(3); The PHA determines that any household member is currently engaged in or has engaged in during a reasonable time before the admission, drug -related criminal activity. City Council Page TSP315— 52 Admin77� p1oif/1/21 TPS-IV.D. INCOME VERIFICATION AT ADMISSION Self -Certification at Admission The requirement to obtain third -party verification of income in accordance with Notice PIH 2018-18 does not apply to the EHV program applicants at admission, and alternatively, PHAs may, consider self -certification the highest form of income verification at admission. As such, PHA policies related to the verification of income in Section 7-I.B. do not apply to EHV families at admission. Instead, applicants must submit an affidavit attesting to their reported income, assets, expenses, and other factors that would affect an income eligibility determination. Additionally, applicants may provide third -party documentation that represents the applicant's income within the 60-day period prior to admission or voucher issuance but is not dated within 60 days of the PHA's request. PHA Policy Any documents used for verification must be the original (not photocopies) and dated within the 60-day period prior to admission. The documents must not be damaged, altered, or in any way illegible. Printouts from webpages are considered original documents. Any family self -certifications must be made in a format acceptable to the PHA and must be signed by the family member whose information or status is being verified. The PHA will incorporate additional procedures to remind families of the obligation to provide true and complete information in accordance with Chapter 14. The PHA will address any material discrepancies (i.e., unreported income or a substantial difference in reported income) that may arise later. The PHA may, but is not required to, offer the family a repayment agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, the PHA will terminate the family's assistance in accordance with the policies in Chapter 12. Applicants may provide income verifications that are not dated within 60 days of the PHA's request. For example, an SSI benefit letter issued 11/2020 showing the 2021 benefit amount and provided 7/2021 would be acceptable. City Council Page TSP3T— 53 Admin7��pjo2if/1/21 Recently Conducted Income Determinations PHAs may accept income calculations and verifications from third -party providers or from an examination that the PHA conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as: • The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months; and • The family certifies there has been no change in income or family composition in the interim. PHA Policy The PHA will accept income calculations and verifications from third -party providers provided they meet the criteria outlined above. The family certification must be made in a format acceptable to the PHA and must be signed by all adult family members whose information or status is being verified. At the time of the family's annual reexamination the PHA must conduct the annual reexamination of income as outlined at 24 CFR 982.516 and PHA policies in Chapter 11. EIV income Validation Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the PHA must: • Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate family -reported income within 90 days of the PIC submission date; • Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and • Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates. Prior to admission, PHAs must continue to use HUD's EIV system to search for all household members using the Existing Tenant Search in accordance with PHA policies in Chapter 3. If a PHA later determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program in accordance with Chapter 12. City Council Page TSP313— 54 Adniin7�� 2,fiii21 TPS-IV.E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION For the EHV program, the PHA is not required to obtain and verify SSN documentation and documentation evidencing eligible noncitizen status before admitting the family to the EHV program. Instead, PHAs may adopt policies to admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. As an alternative requirement, such individuals must provide the required documentation within 180 days of admission to be eligible for continued assistance, pending verification, unless the PHA provides an extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good -faith effort to obtain the documentation. if a PHA determines that an ineligible family received assistance, the PHA must tale steps to terminate that family from the program. PHA Policv The PHA will admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. The PHA may provide an additional 60-day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good -faith effort to obtain the documentation. If the PHA determines that an ineligible family received assistance, the PHA will take steps to terninate that family from the program in accordance with policies in Chapter 12. TPS-IV.F. AGE AND DISABILITY VERIFICATION PHAs may accept self -certification of date of birth and disability status if a higher level of verification is not immediately available. If self -certification is used, the PHA must obtain a higher level of verification within 90 days of admission or verify the information in EIV. If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program. PHA Policv The PHA will accept self -certification of date of birth and disability status if a higher form of verification is not immediately available. The certification must be made in a format acceptable to the PHA and must be signed by the family member whose information or status is being verified. If self -certification is accepted, within 90 days of admission, the PHA will verify the information in EIV or through other third -patty verification if the information is not available in E1V. The PHA will note the family's file that self -certification was used as initial verification and include an E1V printout or other third -party verification confirming the applicant's date of birth and/or disability status. If the PHA determines that an ineligible family received assistance, the PHA will take steps to terminate that family from the program in accordance with policies in Chapter 12. City Council Page TSP39— 55 Adniin7��2tfiti2t TPS-IV.G. INCOME TARGETING The PHA must determine income eligibility for EHV families in accordance with 24 CFR 982.201 and PHA policy in Chapter 3; however, income targeting requirements do not apply for EHV families. The PHA may still choose to include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. PHA Policv The PHA will not include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. City Council Page TSP-gyp— 56 Admin7��pjo2if/1/21 PART V: HOUSING SEARCH AND LEASING= TPS-V.A. INITIAL VOUCHER TERM Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, EHV vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Section 5-II.E. will apply. PHA Policv All EHVs will have an initial term of 120 calendar days. The family must submit a Request for Tenancy Approval and proposed lease within the 120-day period unless the PHA grants an extension. TPS-V.B. HOUSING SEARCH ASSISTANCE The PHA must ensure housing search assistance is made available to EHV families during their initial housing search. The housing search assistance may be provided directly by the PHA or through the CoC or another partnering agency or entity. At a minimum, housing search assistance must: • Help individual families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low -poverty neighborhoods; • Provide transportation assistance and directions to potential units; • Conduct owner outreach; • Assist with the completion of rental applications and PHA forms; and • Help expedite the EHV leasing process for the family City Council Page TSP-M — 57 Admin7��pjo2if/1/21 PHA Policy As identified in the MOU between the PHA and CoC, the following housing search assistance will be provided to each EHV family: The PHA will: Provide directions to potential units as part of the EHV briefing packet Expedite the EHV leasing process for the family to the extent practicable and in accordance with policies in this chapter The PHA will enter into an Agreement with a Service Provider to: Conduct owner outreach in accordance with policies in Chapter 13 At least every 30 days, conduct proactive check -ins via email and telephone with families who are searching with an EHV and remind them of their voucher expiration date Assign a dedicated landlord liaison for EHV voucher families The CoC designated service provider will: Help families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low -poverty neighborhoods Provide transportation assistance to potential units Assist the family with the completion of rental applications and PHA forms TPS-V.C. HQS PRE -INSPECTIONS To expedite the leasing process, PHAs may pre -inspect available traits that EHV families may be interested in leasing in order to maintain a pool of eligible units. PHA Policy To expedite the leasing process, the PHA may pre -inspect available units that EHV families may be interested in leasing to maintain a pool of eligible units. If an EHV family selects a unit that passed a HQS pre -inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. The family will be free to select his or her unit. When a pre -inspected unit is not selected, the PHA will make every effort to fast -track the inspection process, including adjusting the normal inspection schedule for any required reinspections. City Council Page TSP-ST— 58 Adniin7��p"f/1/2I TPS-V.D. INITIAL LEASE TERM Unlike in the standard the HCV program, EHV voucher holders may enter into an initial lease that is for less than 12 months, regardless of the PHA policy in Section 9-I.E., Term of Assisted Tenancy. TPS-V.E. PORTABILITY The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs. Exceptions are addressed below. Nonresident Applicants Under EHV, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.13. Billing and Absorption A receiving PHA cannot refuse to assist an incoming EHV family, regardless of whether the PHA administers EHVs under its own ACC. If the EHV family moves tinder portability to another PHA that administers EHVs under its own ACC: - The receiving PHA may only absorb the incoming EHV family with an EHV (assuming it has an EHV voucher available to do so). - If the PHA does not have an EHV available to absorb the family, it must bill the initial PHA. The receiving PHA must allow the family to lease the unit with EHV assistance and may not absorb the family with a regular HCV when the family leases the unit. - Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family's EHV assistance, the EHV administration of the voucher is in accordance with the receiving PHA's EHV policies. If the EHV family moves under portability to another PHA that does not administer EHV under its own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the initial PHA. City Council Page TSP-3$— 59 Admin7lk�pjo2tf/1/21 Family Briefing In addition to the applicable family briefing requirements at 24 CFR 982.301(a)(2) as to how portability works and how portability may affect the family's assistance, the initial PHA must inform the family how portability may impact the special EHV services and assistance that may be available to the family. The initial PHA is required to help facilitate the family's portability move to the receiving PHA and inform the family of this requirement in writing, taking reasonable steps to ensure [meaningful access for persons with limited English proficiency (LEP). PHA Policv In addition to following PHA policy on briefings in Chapter 5, as part of the briefing packet for EHV families, the PHA will include a written notice that the PHA will assist the family with moves under portability. For limited English proficient (LEP) applicants, the PHA will provide interpretation services in accordance with the PHA's LEP plan (See Chapter 2). Coordination of Services If the portability move is in connection with the EHV family's initial lease -up, the receiving PHA and the initial PHA must consult and coordinate on the EHV services and assistance that will be made available to the family. PHA Policy For EHV families who are exercising portability, when the PHA contacts the receiving PHA in accordance with Section 10-I1.13. Preapproval Contact with Receiving PHA, the PHA will consult and coordinate with the receiving PHA to ensure there is no duplication of EHV services and assistance. City Council Page TSP-M— 60 Adniin7�� pfiii2I Services Fee Standard portability billing arrangements apply for HAP and ongoing administrative fees for EHV families. For service fees funding, the amount of the service fee provided by the initial PHA may not exceed the lesser of the actual cost of the services and assistance provided to the family by the receiving PHA or $1,750, unless the initial PHA and receiving PHA mutually agree to change the $1,750 cap. Service fees are paid as follows: If the receiving PHA, in consultation and coordination with the initial PHA, will provide eligible services or assistance to the incoming EHV family, the receiving PHA may be compensated for those costs by the initial PHA, regardless of whether the receiving PHA bills or absorbs. If the receiving PHA administers EHVs, the receiving PHA may use its own services fee and may be reimbursed by the initial PHA, or the initial PHA may provide the services funding upfront to the receiving PHA for those fees and assistance. • if the receiving PHA does not administer EHVs, the initial PHA must provide the services funding upfront to the receiving PHA. Any amounts provided to the receiving PHA that are not used for services or assistance on behalf of the EHV family must promptly be returned by the receiving PHA to the initial PHA. Placement Fee/Issuance Reporting Fee If the portability lease -up qualifies for the placement fee/issuance reporting fee, the receiving PHA receives the full amount of the placement component of the placement fee/issuing reporting fee. The receiving PHA is eligible for the placement fee regardless of whether the receiving PHA bills the initial PHA or absorbs the family into its own program at initial lease -up. The initial PHA qualifies for the issuance reporting component of the placement fee/issuance reporting fee, as applicable. City Council Page TSP-3$— 61 Adniin7�� fiiizi TPS-V.F. PAYMENT STANDARDS Payment Standard Schedule For the EHV program, HUD has waived the regulation requiring a single payment standard for each unit size. Instead, the PHA may, but is not required to, establish separate higher payment standards for EHVs. Lower EHV payment standards are not permitted. If the PHA is increasing the regular HCV payment standard, the PHA must also increase the EHV payment standard if it would be otherwise lower than the new regular HCV payment standard. The separate EHV payment standard must comply with all other HCV requirements with the exception of the alternative requirements discussed below. Further, if the PHA chooses to establish higher payments standards for EHVs, HUD has provided other regulatory waivers: • Defining the "basic range" for payment standards as between 90 and 120 percent of the published Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent). • Allowing a PHA that is not in a designated Small Area FMR (SAFMR) area or has not opted to voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD published SAFMRs. The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area. The exception payment standard must apply to the entire ZIP code area. - The PHA must notify HUD if it establishes an EHV exception payment standard based on the SAFMR. PHA Policy The PHA will not establish a higher payment standard amount for EHVs. The PHA will use the same payment standards for HCV and EHV. Rent Reasonableness All rent reasonableness requirements apply to EHV units, regardless of whether the PHA has established an alternative or exception EHV payment standard. Increases in Payment Standards The requirement that the PHA apply increased payment standards at the family's first regular recertification on or after the effective date of the increase does not apply to EHV. The PHA may, but is not required to, establish an alternative policy on when to apply the increased payment standard, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family's first regular reexamination following the change. PHA Policy The PHA will not establish an alternative policy for increases in the payment standard. PHA policy in Section 11-III.B. governing increases in payment standards will apply to EHV. City Council Page TSP-36— 62 Admin7��pjo2if/1/21 TPS-V.G. TERMINATION OF VOUCHERS After September 30, 2023, a PHA may not reissue EHVs when assistance for an EHV-assisted family ends. This means that when an EHV participant (a family that is receiving rental assistance under a HAP contract) leaves the program for any reason, the PHA may not reissue that EHV to another family unless it does so no later than September 30, 2023. If an applicant family that was issued the EHV is unsuccessful in finding a unit and the EHV expires after September 30, 2023, the EHV may not be reissued to another family. All EHVs under lease on or after October 1, 2023, may not under any circumstances be reissued to another family when the participant leaves the program for any reason. An EHV that has never been issued to a family may be initially issued and leased after September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance to a family has ended. However, HUD may direct PHAs administering EHVs to cease leasing any unleased EHVs if such action is determined necessary by HUD to ensure there will be sufficient funding available to continue to cover the HAP needs of currently assisted EHV families. City Council Page TSPW— 63 Admin7��pjo2if/1/21 City Council Page TSP-M— 64 AaminW26r1ll2fi/1/21 PART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to the PHA may not be used for EHV administrative expenses or the other EHV eligible expenses under this notice. Likewise, EHV administrative fees and funding obligated to the PHA are to be used for those purposes and must not be used for HAP. The appropriated funds for EHVs are separate from the regular HCV program and may not be used for the regular HCV program but may only be expended for EHV eligible purposes. EHV HAP funds may not roll into the regular HCV restricted net position (RNP) and must be tracked and accounted for separately as EHV RNP. EHV administrative fees and funding for other eligible expenses permitted by Notice P1142021-15 may only be used in support of the EHVs and cannot be used for regular HCVs. EHV funding may not be used for the repayment of debts or any amounts owed to HUD by HUD program participants including, but not limited to, those resulting from Office of Inspector General (OIG), Quality Assurance Division (QAD), or other monitoring review findings. The PHA must comply with EHV reporting requirements in the Voucher Management System (VMS) and Financial Data Schedule (FDS) as outlined in Notice PIH 2O21-15. The PHA must maintain complete and accurate accounts and other records for the program and provide HUD and the Comptroller General of the United States full and free access to all accounts and records that are pertinent the administration of the EHVs in accordance with the HCV program requirements at 24 CFR 982.158. City Council Page TSP-"— 65 Adniin7lk� pfiii21 Housing Authority www.santa-ana.org/cd Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Department of Toxic Substances Control Standard Voluntary Agreement for 1126 and 1146 E Washington Avenue, Santa Ana, CA 92701 AGENDA TITLE: Approve the Department of Toxic Substances Control Standard Voluntary Agreement for the Crossroads at Washington Site Located at 1126 and 14146 E Washington Avenue, Santa Ana, CA 92701 RECOMMENDED ACTION Authorize the Executive Director of the Housing Authority to execute the Standard Voluntary Agreement up to an amount not to exceed $40,000 with the County of Orange and Department of Toxic Substances Control for the Crossroads at Washington affordable housing project located at 1126 and 1146 E Washington Avenue, Santa Ana, CA 92701, (APNs 398-092-13 and 398-092-14). EXECUTIVE SUMMARY The environmental assessments conducted onsite at 1126 and 1146 E Washington Avenue to date have determined that the combined properties owned by the Housing Authority of the City of Santa Ana and the County of Orange are environmentally contaminated. On April 27, 2021, the County and City staff submitted a Request for Agency Oversight Application to the Department of Toxic Substances Control ("DTSC). The application was reviewed and accepted by DTSC. The Standard Voluntary Agreement allows DTSC to act as the oversight agency with the ability to facilitate and help coordinate further inspections and investigations, review and approve appropriate remediation measures and documents, and engage the public as necessary. These activities are necessary for the development of the site. After DTSC approves the remediation measures/documents, DTSC will remain as the oversight agency during the remedial activities. DISCUSSION The Crossroads at Washington (the "Project') is a proposed multifamily affordable housing development at 1126 and 1146 E Washington Avenue, Santa Ana, CA 92701. The project has a financial commitment from the City for $3,971,440 and a 65-year ground City Council 2-1 7/20/2021 Department of Toxic Substances Control Standard Voluntary Agreement for 1126 and 1146 E. Washington Avenue, Santa Ana, CA 92701 July 20, 2021 Page 2 lease of the land. The approximately 2.286 acre site includes two parcels (identified in Table 1) owned by the County of Orange (the "County") and the Housing Authority of the City of Santa Ana (the "Authority"). Both parcels are currently vacant and free of building structures or occupants. However, the sites were previously used for agriculture, industrial storage and vehicular services. Various contractors and businesses, including transit agencies, auto repair services, and trucking companies, occupied the Authority parcel from 1966 to 1991. The County parcel was developed with a materials/equipment storage area between 1972 and 1989. The northwestern portion of the entire site was primarily occupied by vehicle service facilities that used on -site gasoline, diesel fuel underground storage tanks, and fuel dispensers. Between 2007 and 2019, various contractors and services leased both parcels (e.g., ARB Underground, Christiansen Amusement, etc.). Table 1 — Propertv Ownership Property Owner Assessor's Parcel Number Acres Housing Authority of the City of Santa Ana 398-092-14 1.456 County of Orange 398-092-13 0.83 Total 2.286 Environmental Assessments Washington Santa Ana Housing Partners, L.P. (the "Developer"), a California limited partnership formed by The Related Companies of California, LLC and A Community of Friends, retained Altec Testing & Engineering, Inc. ("Altec") during the due diligence period to conduct environmental investigations for the sites. An initial Phase I environmental investigation was conducted on October 19, 2019, indicating the likely presence of hydrocarbon contamination on the site in view of past uses that would require some off -site disposal of soil, a manageable mitigation. A Phase 11 Environmental Site Assessment ("Phase 11 ESA") Report was warranted based on the Phase I findings and was prepared by Altec on February 19, 2020. The Phase 11 ESA Report identified unexpected contaminants (e.g., Tetrachloroethylene, also known as PCE) and recommended additional environmental investigations to determine the vertical and horizontal extent of the soil contamination on the County and Authority properties. Subsequently, the County retained Geosyntec Consultants, Inc. to provide environmental peer review services and to act as the County's consultant with respect to environmental issues on the site, for the benefit of both the County and the Authority. Additional environmental assessments in May and September 2020 concluded that the levels of contaminants might warrant environmental oversight by a public agency. As a preemptive measure, all parties agreed to reach out to the Orange County Health Care Agency ("OCHCA") to serve as the oversight agency under its voluntary environmental oversight program. The involvement of an oversight agency provides regulatory direction on further assessments and mitigation/remediation options for the site. The May and City Council 2-2 7/20/2021 Department of Toxic Substances Control Standard Voluntary Agreement for 1126 and 1146 E. Washington Avenue, Santa Ana, CA 92701 July 20, 2021 Page 3 September 2020 investigations warranted additional assessments to determine the full extent of contamination before mitigation measures can be pursued. As a result, on December 18, 2020, OCHCA advised to transfer their environmental oversight responsibilities to the DTSC. The Developer subsequently reached out to DTSC to provide agency oversight and assist with additional environmental investigations and secured DTSC's further assistance on the project site. On February 11, 2021, DTSC approved the project site to be included in their Targeted Site Investigation Plus ("TSI+") pilot program. The TSI+ program is funded by a CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) 128(a) State Response Program Grant from the United States Environmental Protection Agency ("U.S. EPA"). U.S. EPA concurred with funding the project on February 3, 2021. This U.S. EPA/DTSC pilot program award provides funding for services to conduct a Supplemental Site Investigation with a Human Health Risk Assessment, and prepare a clean-up plan/remedy selection document approved for public comment. Funding and associated activities will be assessed and adjusted throughout the duration of the TSI+ program activities. DTSC proceeded with engaging a separate environmental engineering services contractor, GSI Environmental ("GSI"), for the additional assessment work and activities included in the TSI+ program. GSI's supplemental site investigation, which was approved by DTSC, is in process. On April 27, 2021, the County and City staff submitted a Request for Agency Oversight Application to the DTSC. The application was subsequently reviewed and accepted by DTSC. The Standard Voluntary Agreement authorizes DTSC to serve as the oversight agency for the project during and after the TSI+ program period and additional scope required under the Standard Voluntary Agreement (Exhibit 1). The agreement allows DTSC the ability to facilitate and help coordinate further inspections and investigations, review and approve appropriate remediation measures and documents, and engage the public as necessary. The scope of work to be completed under the Standard Voluntary Agreement includes, but is not limited to the following: (1) Remedy Selection Document: a. If DTSC determines a removal action is appropriate, the Housing Authority of the City of Santa Ana and County of Orange will prepare a Removal Action Work Plan ("RAW") in accordance with Health and Safety Code sections 25323.1 and 25356.1. b. If the proposed RAW does not meet the requirements of Health and Safety Code section 25356.1(h), the Housing Authority of the City of Santa Ana and County of Orange will prepare a Remedial Action Plan ("RAP") in accordance with Health and Safety Code section 25356.1(c). (2) California Environmental Quality Act ("CEQA"): a. DTSC will prepare the necessary CEQA documents. City Council 2-3 7/20/2021 Department of Toxic Substances Control Standard Voluntary Agreement for 1126 and 1146 E. Washington Avenue, Santa Ana, CA 92701 July 20, 2021 Page 4 (3) Public Participation: a. Public engagement activities are required for projects undergoing a Preliminary Endangerment Assessment ("PEA"), RAW, or RAP. Any such public participation activities shall be conducted in accordance with Health and Safety Code sections 25358.7 (and 25356.1(e), if conducting a RAP) and with DTSC's review and approval. (4) Tribal Outreach and Consultation: a. DTSC will coordinate with DTSC's Office of Environmental Equity to ensure compliance with DTSC's Tribal Consultation Policy. (5) Health and Safety Plan: a. The Housing Authority of the City of Santa Ana and County of Orange will prepare and submit a Site Health and Safety Plan in accordance with California Code of Regulations, Title 8, Section 5192. (6) Quality Assurance/Quality Control ("QA/QC") Plan: a. All sampling and analysis conducted by the Housing Authority of the City of Santa Ana and County of Orange under this agreement shall be performed in accordance with a QA/QC Plan. The scope of work may be revised in the future to accommodate additional tasks, including additional oversight during the clean-up program. The County and City is required to pay all costs incurred by DTSC in association with preparation of the Standard Voluntary Agreement and for oversight activities, including review of documents, conducted prior to the effective date of the Agreement; and all costs incurred by DTSC in providing oversight pursuant to the Agreement. DTSC estimates their total oversight costs to be $27,917. This is an estimate and cannot be relied upon as the final cost figure. Therefore, staff is recommending approval of an amount not to exceed $40,000, such that any additional costs beyond the $27,917 estimate can be authorized for payment without returning to the City Council for approval. The $40,000 amount will be split 50/50 with the County of Orange. FISCAL IMPACT The Housing Authority of the City of Santa Ana and the County of Orange is required to pay for all costs incurred by DTSC in association with the preparation of the agreement, and for oversight activities, including review of documents, conducted prior to the effective date of the agreement; and all costs incurred by DTSC in providing oversight pursuant to the execution of the agreement, including review of associated documents, and oversight of field activities. The City Council's action will authorize an amount not to exceed $40,000. The agreement requires an advance payment of $13,958 from the Housing Authority of the City of Santa Ana and the County of Orange to DTSC no later than 10 days after the full execution of the agreement. This advance payment will be split 50/50 with the County of Orange. City Council 2-4 7/20/2021 Department of Toxic Substances Control Standard Voluntary Agreement for 1126 and 1146 E. Washington Avenue, Santa Ana, CA 92701 July 20, 2021 Page 5 Future invoices will also be split 50/50 with the County of Orange. Additionally, the fiscal impact of DTSC oversight during the required remedial activities will be contemplated at a later time. Funds to cover the advance payment along with future invoices from DTSC will be made available for expenditure in FY 2021-22 from the Low and Moderate Income Housing Asset Fund, Contract Services account (no. 60718810-62300). EXHIBIT(S) 1. Standard Voluntary Agreement Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 2-5 7/20/2021 STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL In the Matter of: The Crossroads at Washington 1126 & 1146 East Washington Avenue Santa Ana, California 92701 Proponents: Housing Authority of the City of Santa Ana 20 Civic Center Plaza (M-26) Santa Ana, California 92701 County of Orange 601 North Ross Street, Second Floor Santa Ana, California 92701 46 Docket No. HSA-FY20/21-154 Standard Voluntary Agreement Health and Safety Code Section 25355.5(a)i1)(C) The California Department of ToZ`b Substance ntrol (DTSC) and Housing Authority of the City of Santa Ana and County of Orange (Proponent) enter into this Standard Voluntary Agreement (Agreement) and agree as follows: 1. Site. This Agreement applies to A Site located at 1126 & 1146 East Washington Avenue, Santa Ana, in Orange County, California 92701 (Site), identified by Orange County] Assessor's Parcel Number(s) (APN) 398-092-13 and 398-092-14, and any off -site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 2.286 acres in size and is bordered by East Washington Avenue to the north and an Interstate-5 off -ramp to the east. Historical Site uses for the southern parcel included orchards, row crops, and equipment and materials storage. Historical Site uses of the northern parcel included orchards, automotive service and repair facilities, including four underground storage tanks, a warehouse building, and equipment storage. The Site is currently vacant with only building foundations remaining. The surrounding property uses include a mix of commercial and industrial properties to the west and south. Site location map and a Site diagram are attached as Exhibits A and B. City Council 1 2-6 7/20/2021 2. Jurisdiction. This Agreement is entered into by DTSC and Proponent pursuant to Health and Safety Code section 25355.5(a)(1)(C), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at or from the Site. 3. Purpose. The purpose of this Agreement is for Proponent to investigate, remediate, and/or evaluate a release, a threatened release, or a potential release of any hazardous substance at or from the Site under the oversight of DTSC. The purpose of this Agreement is also for DTSC to obtain reimbursement fro ponent for DTSC's oversight costs incurred pursuant to this Agreement. 4. Ownership and Notification. 4.1. The Site is owned by County Authority of the City of Santa Ana (APN 39 lousing 4.2. Prior to DTSC providing oversig evi o comment on any document, Proponent shall provide DTSC with all o following: (a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an 4pknowledgment of the receipt of the notice regired in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do 4.3. Proponent shall notify DTSC ON changes in ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the actions completed or proposed by Proponent under this Agreeme Substances Found !0the Site. Based on the information available to DTSC an Proponent, the Site is or may be contaminated with hazardous substances, including petroleum hydrocarbons, lead, arsenic, and volatile organic compounds, including tetrachloroethylene. IV 6. Scope of Work and DTSC Oversight. DTSC shall review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement. Proponent shall perform the work in accordance with applicable local, state and federal City Council 2 2-7 7/20/2021 5. t 3.202 t slamam VnI t� ryKbM A, 30 2020, Version Optle,e Febnary Y{ 2021 statutes, regulations, ordinances, rules and guidance documents, in particular, Health and Safety Code section 25300 et seq., as amended. 7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 17 of this Agreement. If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent. 8. Endangerment During Implementation. , 8.1 Proponent shall notify DTSC's Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of s condition, Proponent shall furnish a report to DTSC, signed by Proponent' tect Manager, setting forth the conditions and events that occurred and the ures taken in response thereto. 8.2 In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent implement interim measures to address any immediate threat or imminent or subst�tial endangerment. 9. Access. Proponent shall providdnd/or obtain access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or mother agency may otherwise have by operation of law. 10. Sampling, Data and Document Availabilitv. When requested by DTSC, Proponent shall make available for DTSC's inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text -readable Portable Document Formatted (pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word. City Council 3 2-8 7/20/2021 5. t 3.202 t slamam Vnl t�ryKbM A, 30 2020. Version Opdat, Febnary Y{ 2021 11. Record Preservation. Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. If DTSC requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent's expense prior to destruction. 12. Notification of Field Activities. Proponent shall inf m DTSC at least seven days in advance of all field activities pursuant to this A ent and shall allow DTSC and its authorized representatives to take duplicate ny samples collected by Proponent pursuant to this Agreement. 13. Proiect Managers. Within 14 days of the effective d this Agreement, DTSC and Proponent shall each designate a Project Manager and s otify each other in writing of the Project Manager selected. The Proponent's Proje Hager shall have the technical expertise in project management, regulatory complianc nd hazardous substance site investigation and remediation sufficient to fulfill his or her responsibilities. Each Project Manager shall be responsible for overseeing the implementation of this Agreement and for designating a person to act in his/her absence. All communications between DTSC and Proponent, and all notices, documents and correspondence concerning the activities performed pursuant to this Agreement shall be directed through the Project Managers. Each party may change its Project Manager with at least seven days prior written notice. 14. Proponent's Consultant and Contractor. All engineering work performed pursuant to thjs Agreement shall be under the d rection and supervision of a registered professional engineer licensed in California, with expertise in hazardous substance site investigation and remediation. All geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geolog ' ensed in California, with'expertise in hazardous substance site investigation and reme % n. Proponent's contractors and consultants shall have the technical expertise su nt to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC's Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835. 15. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC's review and approval. If DTSC determines that any City Council 4 2-9 7/20/2021 5. t 3.202 t slamam vor�nKbM A, 3e.2020. Version Update FahnaryY{ 2021 report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended changes and a date by which the Proponent must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or his/her designee. No informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals. 16. Payment. 16.1 Proponent is required to pay (a'a 'costs incurred by DTS ssociation with preparation of this Agreement, and for oversight activities, including re w of documents, conducted prior to the effective date of this Agreement; and (b) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents and activities described in Exhibit C and associated documents, and oversight of field activities. Costs incurred include interest on npaid amounts that are billed and outstanding mor than 60 days from f t Anvoice. 16.2 An estimate of DTSC's overs' costs is attached as Exhibit D. It is understood by the parties that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjustei cost estimate as the work progresses. Prior to adjusting the cost estimate, DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarter) Proponent agrees to make payment within 30 days of receipt of DTSC's billiiuch billings will reflect any amounts that have been advanced to DTSC by 16.3 anticipation of oversight activities to be conducted, Proponent shall make an advance payment of $13,958 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that DTSC's receipt of the entire advance ayment as provided in this paragraph is a condition precedent to DTSC's obligation to provide oversight, review of or comment on documents. DTSC will draw -down from the advance payment, which will be documented in DTSC's invoice. When the advance payment is depleted, DTSC will continue to request payment through the invoice process. 16.4 All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control" and bearing on its face City Council 5 2 — 10 7/20/2021 5. t 3.202 t slamam Vd to ryKbM A, 3e.2020, Version Update FahnaryY{ 2021 the project code for the Site (Site # 401955-11) and the docket number [HSA-FY20/21- 154] of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to: Accounting Office Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 A photocopy of the check shall be sent concurrently to DTSC' Project Manager. 16.5 DTSC shall retain all cost records associatedwith the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination available for inspection upon jLquest in accordance with the Public Records Act, Government Code section et seq. 17. Amendments. This Agreemenay be amended in writing b utual agreement of DTSC and Proponent. Such amendment shall be effective the third business day following the day the arty signing the amendment sends its notification of signing to the other p arties may agree to a different effective date. 18. Termination for Convenience. 18.1 Exc . s otherwis rovide his paragraph, each party to this Agreement reserves the right ilaterally t inate this Agreement for any reason. Termination may be accomplished by giving a`- -day advance written notice of the election to terminate this Agreement to the other party. In the event that this Agreement is ter ated under Paragraph 18.1, Proponent shall be responsible for DTSC costs thr the effective date of tei4Lnation. 18.2 If operation and maintenance activities are required for the final remedy, Proponent may not terminate the Agreement under Paragraph 18.1 upon DTSC's approval of an Operation and Maintenance Plan as proposed by Proponent, unless an Operation and Maintenance Agreement is entered into between DTSC and Proponent or between DTSC and a party responsible for the required operation and maintenance activities. 19. Calendar of Tasks and Schedules. The attached Exhibit E (Calendar of Tasks and Schedules) is merely for the convenience of listing in one location the submittals required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule City Council 6 2 — 11 7/20/2021 5.13.2021 Rtidn&m Val ta, A,-e epl weael A, 3e.2e20, Version Update February Y{ 2021 outlined in Exhibit E. A schedule for each related activity shall be established as part of this Agreement. If Proponent is unable to meet the activity's schedule, Proponent will notify DTSC's Project Manager 10 days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity's schedule, DTSC will notify Proponent 10 days prior to the scheduled action or submittal date. 20. Incorporation of Exhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC's approval and are submitted by Proponent pursuant to tis Agreement are incorporated in this Agreement upon DTSC's approval. 21. Reservation of Rights. DTSC reserves all of its statuto and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to the Proponent under applicable laws. 22. Non -Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding of fact or conclusi l set forth in this Agreement or any fault or liability und2f, applicable laws. 23. Proponent Liabilities NothinjWthis Agreement shall constitute or be considered a covenant not to sue, r lease orWisfaction from liability by DTSC for any condition or claim arising as a result uIll is past, current, or future operations or ownershlillIM, e Site. AW 4. Government Liabilities. The State of California or DTSC shall not be liable for an ries or damages to per s or the Site resulting from acts or omissions by Propone by related parties in carrying out activities pursuant to this Agreement, nor shall the St California or DTSC be held as a party to any contract entered into by Proponent or i nt§&parrying out the activities pursuant to this Agreement. 25. Third PWfty Actions. In the event that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third -party action. Proponent shall pay all costs incurred by DTSC relating to such third -party actions, including but not limited to responding to subpoenas. 26. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California. City Council 7 2 — 12 7/20/2021 5. t 3.202 t &l ,,&m vnILHA ryKbM A, 30 2020. Version Update Febnary Y{ 2021 27. Severability. If any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remaining provisions of the Agreement. 28. Parties Bound. This Agreement applies to and is binding, jointly and severally, upon Proponent and its agents, receivers, trustees, successors and assignees, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Prop Went shall ensure that its contractors, subcontractors and agents receive a copy of reement and comply with this Agreement. 29. Effective Date. The effective date of this Aleement is the date of signature by DTSC's authorized representative after this Agreement is first signed by Proponent's authorized representative. Except otherwise specified, "days" means calendar days. k V 30. Representative Authority. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement. City Council 8 2 — 13 7/20/2021 5.13.20219tidn&m Val ta,A,,-peps Meatsair ae, 2020, Version Update February Y{ 2021 31. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. This Agreement and documents related to it may be executed and transmitted by facsimile or pdf copy, which copies shall be deemed to be, and utilized in all respects as, an original. However, Proponent must provide the wet -inked signed original of each counterpart to DTSC by mail within 14 calendar days of signing. A. Edward Morelan, PG, CEG Branch Chief Site Mitigation and Restoration Program Department of Toxic Substances Cho Date: Steven A. Mendoza .1L Executive Directo 2001M.- Housing Authority of the Cit of Santa Date: Thomas A. Miller Chief Real Estate Officer County Executive Office, Real Estate County of Orange_ Approved as to form/a I Rya . H ge Assi ntAuthorityCounsel City Council 9 2 — 14 7/20/2021 5.13.2021 standard Voluntary Agreeniem kl M aiir ae, 2020, Version Update Febnary Y{ 2021 LIST OF EXHIBITS TO THE AGREEMENT EXHIBIT A: SITE LOCATION MAP EXHIBIT B: SITE DIAGRAM EXHIBIT C: SCOPE OF WORK EXHIBIT D: COST ESTIMATE FOR DTSC OVERSIGHT SERVICES EXHIBIT E: CALENDAR OF TASKS AND SCHEDULE City Council qo 2— 15 7/20/2021 Standard Vd-tary Agn—meM Motlel July 30 2@0 X o ,fir O NN n m n =® to v n N O "n q 0) m m E u ^ m w N Sao $� Q m Z 6 Z Y m �. m C O H O ) ^ a` C Is 7 Q Z O m Q X U w W CO T N CN r 0 CN T N 7 Y w 'I Y4N-//.Of Grp Him S N70.W x L33b1S � i 7 EXHIBIT C 6V901,:1115011111 V21 The following tasks will be completed as part of this Agreement: TASK 1 Remedy Selection Document 1.1 Removal Action Work Plan. If DTSC determines a removal action is appropriate, Proponent will prepare a Removal Action Work Plan (RA& accordance with Health and Safety Code sections 25323.1 and 25356. The Removal Action Work Plan will include: • A description of the onsite contaminatio • The goals to be achieved by the • An analysis of the alternative opticonsidered and rejectedhe basis for that rejection. This should inclu a discussion for each alter ive which covers its effectiveness, implementability and cost; • A description of the reco d alternative (including any required land use covenants, financial a ra nd operatnd maintenance plan and agreement requirements). • Administrative recce t; • Sampling and Analysi Ian with responding Quality Assurance Plan to confirm the �fectiv the R if applicable; and • Health and Safety Man desc-?RlWethods that will be employed during the removal action to ensure the health and safety of workers and the public during the removal action. A detailed community air monitoring plan shall be included if requested by DTSC. 1.2 Remedial Action Plan. If the proposed removal action does not meet the requirements of Health and Safety Code section 25356.1(h), Proponent will prepare a Remedial Action Plan (RAP) in accordance with Health and Safety Code section 25356.1(c) for DTSC review and approval. The RAP summarizes the results of the site characterization, risk evaluation and feasibility study and sets forth in detail appropriate steps to remedy soil, surface water and groundwater contamination at the Site and adjacent areas. In addition, the RAP shall contain a schedule for implementation of all proposed removal and remedial actions. City Council 13 2— 18 7/20/2021 Standard VaLmtery Agreement Motlel July 30 2020 TASK 2 California Environmental Quality Act (CEQA) In order to meet CEQA obligations, DTSC will prepare the necessary CEQA documents. If required, the Proponent shall submit the information necessary for DTSC to prepare these documents. TASK 3 Public Participation DTSC requires that specific public engagement activities be conActed for projects undergoing a PEA, RAW, or RAP. However, based on the level of community interest, media interest, sensitive land uses, demographics and other factors, as determined by DTSC, public engagement activities may be requested for other projects types as well. Proponent will be responsible for all costs associated with the translation and/or interpretation of public participation content required under DTSC's policies, procedures, guidance documents, and state and federal law. The following tasks apply only if a RAW or RAP is being required by DTS 3.1 Proponent shall conduct appropriate public participation activities given the nature of the community surrounding the Site and the level of community interest, if needed. Proponent shall work cooperatively with DTSC to ensure that the affected and interested public and community are involved in DTSC's decision -making process. Any such public participation activities shall be conducted in accordance with Health and Safety Code sections 25358.7 (and 25356.1(e), if conducting a RAP) and with DTSC's review and appra_l. 3.2 A scoping meeting regarding the RAW or RAP will include a discussion on the appropri vities, twill be conducted to address public participation. 3.3 DTSC may con uct an aessment of community interest in the Site, which may include, but will not be limited_to, the development of a survey, outreach to local elected and public officials and community members, distribution of the survey throug it and/or social media, analysis of survey results, and community interview Nksuits of the survey will be shared with the Proponent and should be included in tlVpinunity profile. 3.4 Proponent, working collaboratively with DTSC, shall prepare a community profile to examine the level of the community's knowledge of the Site; the types of community concerns; the proximity of the Site to homes and/or schools, day care facilities, churches, etc.; the current and proposed use of the Site; media interest; surrounding land uses; demographic profile and languages; CalEnviroScreen results; information repositories; recommended public engagement activities; and involvement of community groups and elected officials. The community profile City Council 14 2 — 19 7/20/2021 Standard VaLmtery Agreement Motlel July 30 2020 may also include a quarter -mile radius mailing list for the Site, a list of applicable elected officials, and any known community members who may have expressed an interest in the Site. 3.5 Proponent, working collaboratively with DTSC, shall develop and submit fact sheets or community updates to DTSC for review and approval when specifically requested by DTSC. Proponent may be responsible for printing and distribution of fact sheets or community updates upon DTSC approval u w g the approved community mailing list. 3.6 Proponent, as directed by DTSC, shall publish, in cal newspaper(s), a public notice announcing the availability of the RAW/RAP fa, ublic review and comment. The public comment period shall',10st a minimum of thirty (30) days. 3.7 DTSC may require that Proponent hold a public meeting to inform th ublic of the proposed activities and to receive public comments4#he RAW/RA 3.8 After the close of the public comment period, DTSC will prepare a response to the public comments received. If required, Proponent shall submit the information necessary for DTSC to prepare s dment. 3.9 If appropriate, Proponent will revise he RAW/RAP on the basis of comments received from the public and submit the revised RAW/RAP to DTSC for review and approval. If significant or fundamental changes are required, additional public participation activities, including an additional review and comment period, may be required. Proponent will also notify the public of any significant changes from the actiMribalOut in the RAW/RAP. TA ach and Consultation DTSC's ssigned Project Manager will coordinate with DTSC's Office of Environmental Equity to ensure compliance with DTSC's Tribal Consultation Policy. This process may include consultation with,•California tribes to determine whether or not they have an interest in Site activities. TASK 5 Health and Safety Plan The Proponent will submit a Site Health and Safety Plan in accordance with California Code of Regulations, Title 8, section 5192. The Health and Safety Plan shall be submitted before field activities begin. City Council 15 2 — 20 7/20/2021 Standard VaLmtery Agreement Motlel July 30 2020 TASK 6 Quality Assurance/Quality Control (QA/QC) Plan All sampling and analysis conducted by Proponent under this Agreement shall be performed in accordance with a QA/QC Plan submitted by Proponent and approved by DTSC. The QA/QC Plan will describe: a) The procedures for the collection, identification, preservation and transport of samples; - b) The calibration and maintenance of instruments; c) The processing, verification, storage and reporting of data, including chain of custody procedures and identification of qualifie person(s) conducting the sampling and of a laboratory certified or appr v by DTSC pursuant to Health and Safety Code section 25198; and d) How the data obtained pursuant to this ement will be m\nad preserved in accordance with the Pr ation of�umenn of this Agreement. City Council 16 2 — 21 7/20/2021 Standard VaLmtery Agreement Motlel July 30 2020 Is w Q H � 0] Cl) LU X W (n O U m m v � CFi CA w O ti v F N G9 d 0 N o c G n' ¢ N N y fA H3 M w W0 N o� O Q_ N W COO V 111 w A c , C1 ¢ N S N � w N N W y O O t N m ' _ a co Y m In o O T - N M � N 1 IL'J O "�ti o o v 'a N O 0 'E v v 5 0 to w w ~ N LL7 N Q � y a� N w d Uc O EA W o Q p != a w �00 N CO N T W N W O >1 C M F- O N O 0 O @ I A EL CO CO I� N O N 1� t O a -p w N M M N 17 U p `n Fs'N�Fs'�ua > U C N N N o N C m c m c L IL N (6 (6 O p O U N E `c U U F s c E y y U # o o c m o o a `m m C a =KU mF y u a y2 o m^ Z o c m m � m Y 0Z uQ ~ - U7 U a w U R d m Q N Q w J Q u H Q a a 0 0 0 w N N I N U C 7 O U T 7 EXHIBIT E CALENDAR OF TASKS AND SCHEDULE Activity Schedule Scoping Meeting During Agreement negotiation, or shortly after Agreement execution based on DTSC evaluation of project needs Advance Payment Within 10 days of Agreement execution Submit existing data Within 10 days of Agreement execution, or as requested by DTSC Submit draft cleanup plan As directed by DTSC Submit Community Profile Within 30 days of DTSC's request Submit CEQA documentation Concurrent with the cleanup plan Public Review/Comment Period, Upon DTSC's approval of cleanup plan for public review mailing of fact sheet to site mailing and comment. list and placement of public notice. DTSC decision on cleanup plan DTSC to approve cleanup plan, if appropriate, after addressing public comments, within —150 days of receipt of draft. Invoices DTSC issues quarterly Cost estimate and Scope of Work DTSC updates the scope and cost estimate annually, or Updates and Amendments as needed, based on work needed to complete the Agreement. Amendments are issued on an as -need basis. City Council 18 2 — 23 7/20/2021 Standard voluntary Agreement Model July 30, 2a20 HOUSING AUTHORITY ITEM #3 ITEM IS A JOINT CITY COUNCIL / HOUSING AUTHORITY ITEM PLEASE REFER TO THE AGENDA ITEM #31 IN THE CITY COUNCIL AGENDA FOR STAFF REPORT AND EXHIBITS City Council 3-1 7/20/2021