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Agenda Packet_2023-04-18
City Council Meeting Packet (Revised 4/12/23) April 18, 2023 SPECIAL CLOSED SESSION MEETING - 4:30 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Mayor Pro Tem - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza 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 Jennifer L. Hall City Clerk 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 4/18/2023 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 4/18/2023 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. 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 one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 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. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start 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. • LIVE VIRTUAL 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/j/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 a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority 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. • IN -PERSON 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. 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 4:30 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. 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 City Council 3 4/18/2023 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:30 p.m. Speakers who are not in the speaker queue by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 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. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion al espanol en las juntas del Concilio. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al concilio municipal en el podio. 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 eyeball or download a pdf (the cloud symbol with the down arrow ). City Council 4 4/18/2023 CALL TO ORDER ATTENDANCE ROLL CALL SPECIAL CLOSED SESSION Council Members Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Mayor Pro Tern Jessie Lopez Mayor Valerie Amezcua City Manager Kristine Ridge City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. 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 LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2019-01118103-CU-WT-CJC 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Full -Time Employees City Council 5 4/18/2023 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (California Government Code Section 54947(b)(1)) Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATOR (California Government Code Section 54957.6) Unrepresented Employee: City Manager RECONVENE — City Council will reconvene to continue regular City business. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. ADJOURNMENT — Adjourn the Special Closed Session meeting. City Council 6 4/18/2023 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Valerie Amezcua Kristine Ridge Sonia R. Carvalho Jennifer L. Hall PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Juan Plascencia ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Selina Mendez for Outstanding Contributions to the Community. 2. Proclamation presented by Mayor Pro Tern Lopez and Councilmember Vazquez to Southern California Coalition for Occupational Safety & Health declaring April 28, 2023 as Workers' Memorial Day. (Revised 4/12/23) 3. Certificates of Recognition presented by Councilmember Bacerra and Councilmember Penaloza to the 2023 Santa Ana Police Athletic & Activity League Ladybug Champions for their Exceptional Athletic Performance. 4. Certificates of Recognition presented by Councilmember Penaloza to the Santa Ana Police Department's 2023 Distinguished Service Medal Recipient, Detective Joshua Espadas, and Uniformed Officer of the Year, Officer Dominic Dominguez. 5. Proclamation presented by Councilmember Phan to Boat People SOS Center for Community Advancement declaring April 30 as Black April. City Council 7 4/18/2023 STAFF PRESENTATIONS 6. Homelessness Update 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. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 20. 7. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 8. Minutes from the Special Closed Session and Regular Meeting of September 20, 2022 Department(s): City Clerk's Office Recommended Action: Approve minutes. 9. Appoint Nadin Said Nominated by Councilmember Bacerra as the Ward 4 Representative to the Police Oversight Commission for a Full -Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Nadin Said to the Police Oversight Commission as the Ward 4 representative and administer Oath of Office. 10. Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23-047) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462 for a total amount not to exceed $400,000, subject to non -substantive changes approved by the City Manager and City Attorney. 11. Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F-59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23-013) (General Fund and Cannabis Public Benefits Fund) City Council 8 4/18/2023 Department(s): Public Works Agency and Library Services Agency Recommended Action: Authorize a one-time purchase and payment to Matthews Specialty Vehicles for a 2023 F9 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000 for a total amount not to exceed $439,922, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Authorize a One -Time Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 2022-23 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18-092) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time appropriation of $500,000 using General Fund balance to 01117017 Public Works - Service Enhancements for FY 2022-23 Roadway Maintenance. (Requires five affirmative votes) 2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, two-year renewal term to the purchase order exercisable by the City Manager and City Attorney, subject to non - substantive changes approved by the City Manager and City Attorney. 13. Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 20-6963, ATPSB1 L-5063(199) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS. 2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project's funding requirement. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive City Council 9 4/18/2023 changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work. 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2020-96 was filed for Project 20-6963. 14. Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 16-2658) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for $1,198,427. 15. Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 2022-23 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 18-2681) (Revive Santa Ana program) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project. 2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 2023, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for City Council 10 4/18/2023 contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work. 4. Authorize the City Manager to execute the first amendment to the agreement with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional one-year periods upon a writing executed by the City Manager and City Attorney (Agreement No. 2023-XXX). 5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-31 was filed for Project 18-2681. 16. Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a Five -Year Term for As -Needed Installation, Maintenance, and Repair for Fencing and Gate Services (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc. to provide on -call installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a three-year term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 17. Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for On -Call Material Testing and Special Inspection Services (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On -Call Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, one-year extensions, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On -Call Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). City Council 11 4/18/2023 18. Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the Not -to -Exceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total not -to -exceed amount of $38,050, through June 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX). 19. Historic Property Preservation Agreement Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City Manager and City Attorney (includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act (CEQA) as the following Categorical Exemption will be filed for this project: ER No. 2023-10). Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by H RC Brian and Krystle Newquist, 2023-01, 2311 N. Benton Way, 8:1:0:0 (Murashie dissented) (Agreement No. 2023-XXX) 20. Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds Department(s): Planning and Building Agency Recommended Action: 1. Adopt Resolution No. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTAANAAUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFO RNIAAUTO MATED PERMIT PROCESSING PROGRAM (includes determination that the proposed action is exempt from further review pursuant to Section 15061(b) (3) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as there is no potential for any environmental impact). 2. Approve an appropriation adjustment recognizing the CaIAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) City Council 12 4/18/2023 **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 21. First Reading of an Ordinance to Amend Section 8-6 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations (Revised 4/12/23) Department(s): Planning and Building Agency Recommended Action: Conduct a first reading of Ordinance Amendment No. 2023- 02 — An ordinance of the City Council of the City of Santa Ana amending Section 8-6 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 8-6 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS (includes determination that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a "project," as defined in Section 15378 of the CEQA Guidelines). 22. Early Direction for Fiscal Year 2023-24 Budget Cycle Department(s): Finance and Management Services Recommended Action: Provide early budget direction to staff for the upcoming fiscal year. 23. Resolution Declaring the Termination of Local Emergency Regarding the COVID-19 Pandemic Department(s): City Manager's Office Recommended Action: Adopt Resolution No. 2023-XXX A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY REGARDING THE CORONAVIRUS (COVID-19) PANDEMIC City Council 13 4/18/2023 24. Resolution Declaring Opposition to Assembly Bill 742 (Jackson) Department(s): City Manager's Office Recommended Action: Adopt Resolution No. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON) **END OF BUSINESS CALENDAR** IWORK STUDY SESSION 25. Sunshine Ordinance Amendments Work Study Session Department(s): Planning and Building Agency Recommended Action: Discuss and provide direction to staff. 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. 1. April 12-14, 2023 Mayor Amezcua — League of California Cities City Leaders Summit in Sacramento, CA ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. Budget — Work Study Session City Council 14 4/18/2023 MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA CITY CLERK'S OFFICE 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org NOTICE OF SPECIAL MEETING CITY COUNCIL To: Valerie Amezcua, Mayor Jessie Lopez, Mayor Pro Tem, Ward 3 Phil Bacerra, Councilmember, Ward 4 Johnathan Ryan Hernandez, Councilmember, David Penaloza, Councilmember, Ward 6 Thai Viet Phan, Councilmember, Ward 1 Benjamin Vazquez, Councilmember, Ward 2 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall Kristine Ridge, City Manager Sonia R. Carvalho, City Attorney Orange County Register Ward 5 Los Angeles Times NOTICE IS HEREBY GIVEN, pursuant to California Government Code §54956, that on April 18, 2023 at 4:30 P.M., the Santa Ana City Council will hold a Special Closed Session Meeting for the purpose of addressing the following items: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Candelario Jalomo v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2019-01118103-CU-WT-CJC 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) Service Employees' International Union (SEIU) Full -Time Employees 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (California Government Code Section 54947(b)(1)) Title: City Manager 4. CONFERENCE WITH LABOR NEGOTIATOR (California Government Code Section 54957.6) Unrepresented Employee: City Manager Jennife io� CMC lerk Dated: April 11, 2023 SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Bacerra Johnalhan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward i Ward 2 Ward A Ward 5 Ward 6 vamezcua Santa-ana.or iessielnnezfolsanta-ananm tnhannsanta-ana n n�a�n��a�rn,ca�,a-a„a r,r� nh��Prr� �� _ ..� �Q, no,..��.�a�n��.. _� d enaloza Santa-ana 9 {{item.number}} — City Council 4/18/2023 {{item.pagenumber}} DRAFT Minutes of the Special Closed Session and Regular Meeting of the City Council City of Santa Ana, California • a9 September 20, 2022 SPECIAL CLOSED SESSION MEETING — 4:00 P.M. REGULAR OPEN MEETING — 5:45 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Johnathan Ryan Hernandez Mayor Pro Tern Mayor City Manager City Attorney Acting Clerk of the Council Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R.Carvalho Norma Orozco MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 4.08 P.M. lW/_K•lU► I i '7a J i • a ��u=7 �:S►'. �l�'• �r�' • l•A ROLL CALL MINUTES: Acting Clerk of the Council Norma Orozco conducted roll Call. Councilmember Hernandez joined the meeting at 4:15 P.M. and Councilmember Penaloza joined the meeting at 4:17 P.M. Councilmembers Hernandez, Lopez, Phan, Mayor Pro Tem Bacerra, and Mayor Sarmiento were present in person. Councilmember Mendoza and Councilmember Penaloza attended via teleconference. 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 LEGAL COUNSEL— PENDING LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: A. Robert Anthony Sanchez v. City of Santa Ana, Zachary Jezulin, et al., Orange County Superior Court Case No. 30-2020-01159214-CU-PA-NJC 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations- • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time • Employees Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana • (CASA) Santa Ana Management Association (SAMA) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Attorney and City Manager 4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at Session. the Regular Open Session which will begin immediately following the Closed RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento recessed to consider item(s) on the Special Closed Session Agenda at 4:10 P.M. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session to order at 6:00 P.M. ROLL CALL MINUTES: Acting Clerk of the Council Norma Orozco conducted roll call, all members were present. Councilmember Hernandez, Councilmember Lopez, Councilmember Phan, Mayor Pro Tem Bacerra, and Mayor Sarmiento were present in person. Councilmember Mendoza and Councilmember Penaloza attended via teleconference. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Bacerra led the Pledge of Allegiance. WORDS OF INSPIRATION Miguel Hernandez CEREMONIAL PRESENTATIONS Certificates of Recognition presented by Mayor Sarmiento to the Santa Ana Unified School District Speech and Debate Team for Exemplary Academic Achievements. 2. Proclamation presented by Councilmember Hernandez declaring September 28, 2022 as a Day to Remember Victims of Police Violence. 3. Certificate of Recognition presented by Councilmember Lopez to the Bicycle Tree for Outstanding Contributions to the Community. 4. Certificates of Recognition presented by Councilmember Mendoza to Denise Naranjo and Manny Ruelas for Outstanding Contributions to the Community. STAFF PRESENTATIONS 5. Homelessness Update MINUTES: Assistant City Manager Steven Mendoza provided a brief presentation of the following; • Quality of Life Team • Homeless Navigation Center update • Transitioning from homeless to housed in Santa Ana CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action. Additionally, the Public Employee Evaluation for the City Manager and City Attorney was postponed, pending City Manager Kristine Ridge's return. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Fernando Delgado spoke in opposition to Item 21 and provided various other comments. Hector Bustos spoke in opposition to Item 21. Jackie Barnett spoke in opposition to Item 21 and Lexipol's policies. Victor Mendez spoke regarding police violence and accountability for all Santa Ana employees. Deanna Sullivan spoke in opposition to Item 21 and provided comments regarding her personal experience with police policy. Sam Sullivan spoke in opposition to Item 21 and police accountability. The following speakers addressed Council via teleconference. - Jennifer Rojas, policy advocate and organizer with the American Civil Liberties Union Southern California, spoke in opposition to Item 21. Benjamin Vasquez spoke regarding police accountability and in opposition to Item 21. • i i CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24. MINUTES: Item 12 was pulled by Mayor Pro Tem Bacerra and Item 21 was pulled by Councilmember Hernandez for separate discussion and consideration. Consent Calendar Moved by Councilmember Hernandez, seconded by Councilmember Lopez to approve Consent Calendar Items 6 through 24 with the exception of Items 12 and 21. YES: 6 — Councilmember Hernandez, — Councilmember Lopez, — Councilmember Mendoza, — Councilmember Phan, — Mayor Pro Tem Bacerra, — Mayor Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 1 — Councilmember Penaloza Status: 6-0-0— 1 — Pass At 10:49 P.M. Councilmember Penaloza requested to reconsider the Consent Calendar. Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Phan to reconsider Consent Calendar Items 6 through 24 with the exception of Items 12 and 21. YES: 4 — Councilmember Lopez, — Councilmember Mendoza, — Councilmember Phan, — Mayor Pro Tem Bacerra, — Sarmiento, Mayor NO: 0 ABSTAIN: 1 —Penaloza, Councilmember ABSENT: 1 — Hernandez, Councilmember Status: 4 — 0 — 1 —1 —Pass Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Phan to approve Consent Calendar Items 6 through 24 with the exception of Items 12 and 21. YES: 7 — Councilmember Hernandez, — Councilmember Lopez, — Councilmember Mendoza, — Councilmember Penaloza, — Councilmember Phan, — Mayor Pro Tem Bacerra, — Mayor Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass • i i 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Orange County Grand Jury's Investigative Report, Findings, and Recommendations regarding Lack of California Redemption Value (CRV) Centers Department(s): Public Works Agency Recommended Action: Receive and file the Orange County Grand Jury's investigative report, findings, and recommendations regarding Orange County CRV Centers and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. 8. Orange County Grand Jury's Investigative Report, Findings and Recommendations Regarding "Water in Orange County Needs One Voice" Department(s): Public Works Agency Recommended Action: Receive and file the Orange County Grand Jury's report, findings and recommendations regarding wholesale water policy and operations in Orange County needing "One Voice" and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. 9. Approve Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 2021-22 to Fiscal Year 2022-23 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 2021-22 budget for unspent amounts to be carried over to FY 2022-23. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 2022-23 budget for amounts carried forward from FY 2021-22. (Requires five affirmative votes) 10. Approve Additional Contingency Funds in the Amount of $5,000,000 for an Existing Construction Contract with Byrom -Davey Inc. for the Santa Anita Park Improvements including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $14,513,011.30 (Project No. 19-7527) (Non- General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $5,000,000 in additional contingency funds for a total estimated construction delivery cost of $14,513,011.30, which includes $7,317,701.00 for the construction contract; $731,770.10 for contract administration, inspection and testing; and a $6,463,540.20 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $5,000,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 19-7527). 11. Approve an Appropriation Adjustment, Approve an Amendment to the FY 2022-23 Capital Improvement Program, and Award a Construction Contract to EBS General Engineering, Inc. in the Amount of $1,066,714.35 for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, with an Estimated Project Delivery Cost of $1,386,728.65 (Project No. 21-2740) (Non- General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $497,925.15 of prior year fund balance in the Park Acquisition and Development (District 3), Prior Year Carryforward revenue account and appropriate the same amount to the Park Acquisition and Development (District 3), Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $497,925.15 in construction funds for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project (Project No. 21-2740). 3. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,066,714.35, for construction of the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, for the term beginning September 20, 2022, 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. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,386,728.65, which includes $1,066,714.35 for the construction contract, $160,007.15 for contract administration, inspection and testing, and a $160,007.15 project contingency for unanticipated or unforeseen work. • i i 12. Approve an Appropriation Adjustment and Award a Construction Contract to Environmental Construction, Inc. for the Well No. 29 Improvements Project in the Amount of $6,765,290, with an Estimated Project Delivery Cost of $8,456,612 (Project No. 18-6491) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,502,612 of prior -year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Award a construction contract to Environmental Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $6,765,290, for construction of the Well No. 29 Improvements Project, for the term beginning September 20, 2022, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $8,456,612, which includes $6,765,290 for the construction contract, $676,529 for contract administration, inspection and testing, and a $1,014,793 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $2,502,612 in construction funds for the Well No. 29 Improvement Project (Project No. 18-6491). Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Hernandez to approve recommended action. YES: 6 — Councilmember Hernandez, — Councilmember Lopez, — Councilmember Mendoza, — Councilmember Phan, — Mayor Pro Tern Bacerra, — Mayor Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 1 — Councilmember Penaloza Status: 6-0-0— 1 — Pass 13. Approve an Appropriation Adjustment and Agreement for the Sale of Land from the City, Generating $250,000 in Revenue for Bristol Street Corridor Improvement Project (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing revenue in the amount of $250,000 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2022-23 and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a purchase and sale agreement with Charles H. Mahn Family Trust for the sale of City -owned property located at 515 and 517 N Bristol Street (APNs 008-081-26 and 008-081-28) in the amount of $250,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-179). 14. Award a Construction Contract to Meyers Construction Co. in the amount of $1,930,000 for the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 2021-22 Project with an Estimated Project Delivery Cost of $2,512,500 (Project No. 22-1201, 21-2750 & 22-0501) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to Meyers Construction Co., the lowest responsible bidder, in accordance with the base bid in the amount of $1,930,000 for construction of the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 2021-22, for the term beginning September 20, 2022 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 $2,512,500, which includes $1,930,000 for the construction contract, $193,000 for contract administration, inspection and testing, and a $389,500 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,512,500 in construction funds for Santa Ana City Hall Second and Fifth Floor Tenant Improvement Project (No. 22-1201, 21-2750 & 22-0501). 15. Amend Agreement with Valley Maintenance Corporation for Custodial Services of City Park Restrooms and Park Buildings, Increasing the Annual amount by $200,000, Not to Exceed $694,095 for Four Years, and Total Agreement Amount of $1,976,380 (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Valley Maintenance Corporation to increase custodial services of City Park Restrooms, and Park Buildings for an annual amount not to exceed $694,095, for the remaining term from September 20, 2022 through May 3, 2026, and a total agreement amount of $1,976,380, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-180). 16. Amend Agreement with Landscape West Management Services Inc. to Increase the Annual Contract amount by $215,000 for Enhanced Landscape Maintenance Services for the Remaining Term of the Agreement (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 increased landscape maintenance services, increasing the compensation amount annually by $215,000, for an annual amount not to exceed $895,819.00 for the remaining term from September 20, 2022 through January 31, 2024, and not to exceed the total agreement amount of $2,866,605.60, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-181) 17. Approve an Agreement with PlaceWorks, Inc. for Design Services for a New Outdoor Library at Jerome Park in an Amount Not to Exceed $309,150 for a Three -Year Term (Project No. 22-1381) (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency, Library Recommended Action: Authorize the City Manager to execute an agreement with PlaceWorks, Inc. for full Design Services for Santa Ana's New Outdoor Library at Jerome Park in the amount of $281,046 with a contingency of $28,104 for a total amount not -to -exceed $309,150. The agreement is for a three-year term beginning September 20, 2022 and expiring September 19, 2025, with an option for two, one- year extensions, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-182). 18. Authorize an Offer and Agreement to Purchase in the Amount of $255,000 for Bridge and Roadway Easement for Fairview Bridge Replacement and Street Improvements (Property Owner: Orange County Flood Control District) (Project No. 15-6827) (Non- General Fund) Department(s): Public Works Agency • i i Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner of Orange County Flood Control District (OCFCD) for the easement purchase located at Fairview Street Bridge over Santa Ana River in the amount of $255,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-183). 19. Approve a License Agreement with the County of Orange for use of Ross Street Right -of Way for Building Overhangs Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with the County of Orange, a political subdivision of the State of California, for use of public right-of-way to accommodate overhangs for two County buildings within Ross Street between Santa Ana Boulevard and Civic Center Drive, subject to non- substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-184). 20. Approve Agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. for On -Call Grant Writing Services for a Total Amount Not to Exceed $2,375,000 for up to a Five -Year Term (General and Non- General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. to provide on -call grant writing and grant management services, for a three-year period beginning September 20, 2022 and expiring September 19, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $2,375,000 subject to non -substantive changes approved by the City Manager and the City Attorney (Core Agreement No. 2022-185). 21. Approve Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support (General and Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Lexipol, LLC to provide policy manual maintenance, support and training services to the Police Department for a three-year period, from July 1, 2022 through September 30, 2025 in an amount not to exceed $169,502, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). Moved by Councilmember Hernandez, seconded by Mayor Sarmiento to Continue the Item for 30 days to include alternatives and community input. YES: 7 — Councilmember Hernandez, — Councilmember Lopez, — Councilmember Mendoza, — Councilmember Penaloza, — Councilmember Phan, — Mayor Pro Tern Bacerra, — Mayor Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Councilmember Hernandez spoke in opposition to the Item and moved to have the item considered by the Police Oversight Commission. Motion died for lack of a second. City Attorney Sonia Carvalho stated that if her office is tasked to review a policy, the policy would be shared with the Council and public and posted on the City's website. Mayor Pro Tem Bacerra moved to approve the item, with the contingency that the agreement only be extended for a year. Motion died for lack of a second. Councilmember Hernandez moved to revisit the Item within 30 days to include alternatives and community input, seconded by Mayor Sarmiento. 22. Approve Agreement with Smart Communications Holdings, Inc. to Provide Inmate Communication and Digital Services (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Smart Communications Holdings, Inc. to provide inmate communication and digital services to the Santa Ana Jail for a five-year period, from November 1, 2022 through October 31, 2027, with an option for two, one-year extensions, in the amount of $650,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-186). 23. Approve Agreement with California Forensic Medical Group, Inc. and Wellpath to Provide Inmate Medical Services for the Santa Ana Jail (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with California Forensic Medical Group, Inc. and Wellpath to provide basic and emergency inmate health care services for the Santa Ana Jail in an amount not to exceed $10,070,246 including a $200,000 contingency, for a three-year period beginning October 1, 2022 through September30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-187). 24. Biennial Review Conflict of Interest Code Policy, List of Designated Classifications Required to Annual Disclosure Form (Statement of Economic Interests Form) Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-075 —Adopt a resolution amending the City of Santa Ana Conflict of Interest Code Policy **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 25. Public Hearing - Ordinance Amendment No. 2022-01 to Update Chapters 18, 21, and 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature Public notice published in the Orange County Reporter on September 9, 2022 Department(s): Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature. 2. Resolution No. 2022-XXX — Adopt a resolution modifying various non -retail commercial cannabis tax rates. 3. Resolution No. 2022-XXX — Adopt a resolution establishing a map of commercial cannabis eligible areas in the City. Moved by Mayor Sarmiento, seconded by Councilmember Lopez to approve staff's recommendations and include the following amendments: no additional licenses shall be granted and an additional 2 percent (2%) tax reduction opt -in program for businesses that comply with the community standards set forth by United Food and Commercial Workers. YES: 7 — Councilmember Hernandez, — Councilmember Lopez, — Councilmember Mendoza, — Councilmember Penaloza, — Councilmember Phan, — Mayor Pro Tern Bacerra, — Mayor Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Mayor Sarmiento opened the Public Hearing at 8:14 P.M. Director of the Planning and Building Agency, Mihn Thai, provided a brief presentation. Avery Wilson spoke on Item 25 and the benefits of medicinal cannabis. Ray Iskander spoke in support of Item 25 and stated that his company has already seen positive improvements with the ordinance amendments. Jonathan Garcia spoke on Item 25 and the need for more permit availability for consumption lounges. Francisco Zavala spoke in support of Item 25 and the retail cannabis tax rate decrease. Laura Muller spoke on Item 25 and requested Council decrease the retail cannabis tax rate. Sabrina Eilert spoke regarding Item 25 and in support of a lower retail cannabis tax rate. Hairo Cortes spoke on Item 25 and in support of the United Food and Commercial Workers' proposal to decrease the cannabis retail tax. Maria Morales spoke regarding Item 25; in support of a lower retail tax, benefits for cannabis retail employees, and her own positive experiences with cannabis. Alexis Medina spoke regarding Item 25 and in support of a lower cannabis retail tax. Anthony Medina spoke regarding Item 25 and the health benefits he has experienced using from cannabis use. Sandra Medina spoke regarding Item 25 and the effect high sales tax rates can affect the cost of living. Shelly McKay spoke regarding Item 25 and provided comments regarding Senate Bill 34. Jonathan Edwards spoke regarding Item 25 and requested Council keep the health of the cannabis industry, its workers, and customers when regulation changes are considered. Elliot Lewis spoke regarding Item 25 and the disparity between legal and illegal cannabis revenue. Danielle spoke regarding Item 25 and the ambassador program her employer Catalyst, manages. Derek Smith spoke regarding Item 25 and the United Food and Commercial Workers' proposal for cannabis workers. Bailey Jones spoke regarding Item 25 and the ambassador program her employer, Catalyst, manages. Luis Aleman spoke regarding Item 25 and requested the Council adopt the Item and include the United Food and Commercial Workers' proposal. Joshua Scheurer spoke regarding Item 25 and asked the Council to only decrease the retail cannabis tax rate benefits that are provided for cannabis workers. Acting Clerk of the Council Norma Orozco reported the summary of the email comments received, Five (5) emails from Santa Ana businesses in support of lowering the retail cannabis tax rate and one (1) email from a Santa Ana organization providing various comments regarding Item 25. The following speakers addressed Council via teleconference: Candice Hause spoke regarding Item 25 and her opposition to the staffs recommendation to accept five (5) new licenses. Brandon Cisco spoke regarding Item 25 and the disparity between the medical use and retail waitlists. Benjamin Vasquez spoke regarding Item 25 and in support of festivals and onsite consumption lounges. Speaker spoke on adult use licenses and medical waitlist applicants. Mayor Sarmiento closed the public hearing at 10:40 P.M. MINUTES: Councilmember Lopez requested amendments to section 40.9.2 to include full-time hours, reimbursement for delivery drivers, increased wages, and a social equity plan. Councilmember Hernandez requested an amendment to decrease the retail tax rate to 6 percent (6%) and requested that the 420 Cannabis Festival be organized by the City of Santa Ana in conjunction with city businesses. Mayor Pro Tem Bacerra requested amendments to the following sections. - Section 39.2 — addition of the following language "maximum 48 hours" to maintain consistency with section 40-8.11(H). 40-1.C.2 — Include language pertaining to the quantity of full-time employees and quantity of employees, not including supervisors whose wages exceed 155 percent (155%) of the California minimum wage at the time of hire. 40-5 — Include text that defines where allowable areas are located, instead of referring to the map. 40-6 — Keep subsection (A) 1-3 40-8.10(B&C) — Include the word "licensed" Mayor Sarmiento spoke in support of reducing the non -retail tax rate from 6 percent (6%) to 1 percent (1 %) and including an opt -in to reward and incentivize a 2 percent (2%) tax decrease in the retail tax rate for businesses that comply with the community standards set forth by United Food and Commercial Workers. Councilmember Phan made inquiries regarding the enforcement of odor control and air purification for outside smoking lounges and spoke in favor of the two percent tax (251o) rebate, minus administrative costs. l�! \'/_K•lU►l•AI 1. '7aJ•a�110 �:S►'.�l - �r�' • i i MOTION: Approve staffs recommendations and include the following amendments: no additional licenses shall be granted, and an additional 2 percent (2%) tax reduction opt -in program for businesses that comply with the community standards set forth by United Food and Commercial Workers. COUNCILMEMBER REQUESTED ITEMS 26. Discuss and Consider Directing the City Manager to Direct Staff to Draft a Revision of SAMC Section 2-153 To Clarify the Format of Community Meetings for Development Projects Required by the Sunshine Ordinance, Items to Provide to the City After a Community Meeting, and Timing of Providing Items to the City After a Community Meeting — Mayor Pro Tern Bacerra MINUTES: Mayor Pro Tern Bacerra provided the following recommendations: Community meetings should be conducted with a single presentation, to ensure all participants receive the same information; Require a recording of the presentation, which can then be uploaded to the city's website; and penalize any applicants who fail to provide any of the listed information in section 2-15(h) of the Municipal Code. CITY MANAGER COMMENTS MINUTES: Assistant City Manager Steven Mendoza announced that the California Department of Housing and Community Development has certified the Santa Ana Housing Element. COUNCIL COMMENTS A131234 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. MINUTES: Councilmember Hernandez thanked the public for taking the time to participate and the staff for all their hard work. He also announced community events including Fiestas Patrias, Autumn Festival, and Indigenous Peoples Day. AB 1234 — Councilmember Lopez disclosed that the city funded her attendance at the California Cities Conference in Long Beach. Councilmember Mendoza announced that she represented the city at the Orange County Water District Summit in the City of Anaheim. AB 1234 — Councilmember Penaloza disclosed that the city paid for his registration to attend the California Cities Conference in Long Beach. • i i AB 1234 — Councilmember Phan disclosed that the city funded her attendance at the California Cities Conference in Long Beach. She also thanked everyone who applied for the state water inspection tour and reminded the public that the Mid Autumn Festival will be on October 1, 2023 at Rosita Park. Mayor Sarmiento provided comments regarding Fiestas Patrias, and announced that the Orange County Transportation Agency approved approximately $700, 000 to reimburse the city for parking in the downtown area. ADJOURNMENT.— Adjourn the City Council meeting. MINUTES: Mayor Sarmiento adjourned the meeting in honor of his uncle, Miguel Jose Gonzalez, at 10:51 P.M. Respectfully Submitted, Jennifer L. Hall, CMC City Clerk Public Works Agency www.santa-ana.org/public-works Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Ross Annex Third and Fourth Floors HVAC Automation AGENDA TITLE Award a Purchase Order to Siemens Industry, Inc. in the Amount of $400,000 to Automate Heating, Ventilation, and Air Conditioning (HVAC) Building Controls at the Ross Annex (Specification No. 23-047) (General Fund) RECOMMENDED ACTION Authorize a one-time purchase order and payment to Siemens Industry, Inc. for the automation of HVAC building controls on the third and fourth floors of the Ross Annex Building in the amount of $356,538, plus a contingency of $43,462, for a total amount not to exceed $400,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Parks, Fleet, and Facilities Services Division oversees City facilities to ensure mechanical systems operate reliably and efficiently, as well as meet all applicable laws and regulations. In an effort to improve building efficiency and reduce energy and maintenance costs, the Facilities Services team recommends automating the heating, ventilation, and air conditioning (HVAC) system at the Ross Annex. The existing pneumatic control system is outdated and not efficient. HVAC automation of the Ross Annex's third and fourth floors would allow Facilities Services to control temperatures for optimal energy usage and comfort from an existing building automation system (BAS) workstation that currently controls City Hall, the Main Library, and Newhope Library. The BAS system assists in identifying where problems originate, which enables staff to quickly respond and rectify the issue. The system also provides continuous monitoring and adjusts performance to meet changing building conditions. The improvement is a continuous effort to standardize and integrate City facilities onto the same BAS. Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts issued to vendors who have been awarded by a State Agency, County, City, or other Public Agency after a competitive bidding process substantially equivalent to the City's standard bidding process. Sourcewell (formerly National Joint Powers Alliance) awarded a contract to Siemens Industry, Inc. (No. 030421-SIE) for the procurement of City Council 10 — 1 4/18/2023 Ross Annex Third and Fourth Floors HVAC Automation April 18, 2023 Page 2 Facility Systems, Equipment, Software, and Related Services. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana can obtain nationally vetted, high -quality products at competitive volume pricing, per the City's existing Purchasing guidelines. FISCAL IMPACT Funds are budgeted and made available in the following account for the specified year. Fiscal Accounting Unit Fund Accounting Unit, Amount Year (Project No. Description Account Description 01117017-66200 General PWA-Service 2022-23 (23-6031) Fund Enhancement, Buildings $400,000 & Building Improvements Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 10 — 2 4/18/2023 Public Works Agency and Library Services Agency www.santa-ana.org/public-works Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Purchase of F-59 Ford Chassis Book Mobile Conversion Vehicle for the Library AGENDA TITLE Award Purchase Order to Matthews Specialty Vehicles, in the Amount of $439,922, for an F-59 Ford Chassis Book Mobile Conversion Vehicle (Specification No. 23-013) (General Fund and Cannabis Public Benefits Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment to Matthews Specialty Vehicles for a 2023 F-59 Ford chassis book mobile conversion, in the amount of $414,922, plus a contingency of $25,000, for a total amount not to exceed $439,922, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Parks, Fleet, and Facilities Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Santa Ana Public Library's purpose is to respond to the community's informational, educational, and personal interest needs using books, materials, technology, and professional expertise. The City of Santa Ana has a high -density population of approximately 310,000 over 27 square miles, with large portions of the City's population not living within close proximity to a public library. To provide Santa Ana residents with better library services, Public Works and the Library have collaborated to bring a second, larger bookmobile to the Santa Ana community. This much -needed additional community resource will allow the Library to meet residents closer to where they live, work, and play. Between July and December of 2022, the City's current bookmobile, also known as the Knowledge Mobile, made over 170 site visits, checked out 5,165 books, served 23,913 people, created 528 new library cards, and attended 32 special events. Adding a second, larger vehicle will allow for an expanded service route and enable visits to more special events, community centers, local nonprofits, parks, and schools throughout Santa Ana. The new vehicle will have more room for library book collections and technology, as well as additional space to welcome the public onboard the vehicle. The vehicle will also be equipped with a more robust technology platform that includes a large screen TV, sound system, and other multimedia functions. Offering an enhanced City Council 11 — 1 4/18/2023 Purchase of F-59 Ford Chassis Book Mobile Conversion Vehicle for the Library April 18, 2023 Page 2 mobile library service will better provide educational and recreational support across the entire City and allow the Library to respond more adequately to community needs. The Notice Inviting Bids was advertised on January 27, 2023, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 129 Vendors Notified 11 Santa Ana Vendors Notified 14 Vendors Downloaded the Bid Packet 4 Bids Received 0 Bids Received from Santa Ana Vendors Four bids were received and opened on February 24, 2023, and evaluated. The bid received from LDV, Inc. was deemed non -responsive due to missing required documents. The results are as follows: Vendor Location Amount Matthews Specialty Vehicles, Inc. Greensboro, NC $379,780.00 Chefs Units, LLC Houston, TX $379,808.79 Farber Specialty Vehicles Reynoldsburg, OH $430,211.00 LDV, Inc. Burlington, WI Non- Responsive The bid submitted from Matthews Specialty Vehicles, Inc. is responsive to the specifications and meets the City's requirements. The total purchase price including sales tax is $414,922. FISCAL IMPACT The current fiscal year funding is available in the FY 22-23 budget in the following accounts: Fiscal Accounting Unit -Account Fund Accounting Unit, Account Amount Year Description Description 2022-23 01111017- General Fund Library -Service Enhancement, $400,000 66400 Machinery & Equipment 2022-23 01211020- Cannabis Public Benefit Library Youth Services, $39 922 66400 Fund Machinery & Equipment TOTAL $439,922 City Council 11 — 2 4/18/2023 Purchase of F-59 Ford Chassis Book Mobile Conversion Vehicle for the Library April 18, 2023 Page 3 Submitted By: Brian Sternberg, Library Services Director Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 11 — 3 4/18/2023 Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Purchase Order Amendment for Asphalt Pothole Repair AGENDA TITLE Authorize a One -Time Appropriation Adjustment of $500,000 Using General Funds Balance to Increase the FY 2022-23 Annual Amount for Asphalt Pothole Repair by $300,000, and the Remaining $200,000 Will be Issued Through Emergency Purchase Order Procedures to Quickly Improve Service Levels For Pothole Repairs (Specification No. 18-092) (General Fund) RECOMMENDED ACTION 1. Authorize a one-time appropriation of $500,000 using General Fund balance to 01117017 Public Works - Service Enhancements for FY 2022-23 Roadway Maintenance. (Requires five affirmative votes) 2. Approve an amendment to the Purchase Order Contract with All American Asphalt for asphalt pothole repair to increase the current term by $300,000, for a total annual amount not to exceed $1,200,000, and add one, two-year renewal term to the purchase order 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 Maintenance Services Division is responsible for maintaining approximately 400 miles of roadway within Santa Ana. The services provided under the asphalt pothole repair contract include the repair of potholes and the repair of small damaged pavement areas with asphalt overlay. The purchase order also provides for sidewalk asphalt ramping to reduce risks to pedestrians. On November 20, 2018, the City Council awarded a purchase order to All American Asphalt for an annual amount not to exceed $550,000 to perform the services mentioned above. In order to respond to the increased number of service requests, the City Council approved amendments to the purchase order on November 16, 2021 and August 16, 2022 to increase the purchase order amount by $147,800 and $202,200, respectively for a total amount of $900,000. City Council 12 — 1 4/18/2023 Purchase Order Amendment for Asphalt Pothole Repair April 18, 2023 Page 2 The historic rain amount over the winter and spring of 2022/2023 has caused extensive damage to City streets, and in keeping with City Council's directives to provide responsive public services, staff recommends the current contract term be increased by $300,000 to ensure sufficient funds are available to perform necessary street repairs. Furthermore, additional Emergency Purchase Orders totaling $200,000 have been issued on a temporary basis for additional contractual service providers to rapidly augment the service levels for pothole repairs. Additionally, it is recommended that one additional, two-year term be added to the purchase order in order to take advantage of the favorable pricing. The additional budget will also help to avoid deferring pothole repairs until major street reconstruction projects are performed. All American Asphalt has provided services to the Public Works Agency's Engineering Division for several years and most recently completed the following Capital Improvement Projects (CIP): Project ID Project Title 20-2707 � Adams Park Parking Lot Improvements 20-6957 MacArthur Blvd. Rehabilitation from Flower Street to Main Street FY 2022-2023 20-6907 1 Local Street Preventative Maintenance FY 2019-2020 20-7533 1 Residential Street Repair Program FY 2019-2020 21-6976 Flower Street Rehabilitation - McFadden Ave. to First St. FISCAL IMPACT The current fiscal year funding is available in the FY 2022-23 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration: Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Account # Description Account Description CURRENT ANNUAL AMOUNT 1-Year Term Special Gas Roadway Maintenance, 2022-23 02917660-62300 Tax Contract Services- $900,000 Professional REQUESTED AMENDMENT AMOUNT PWA - Service 2022-23 01117017-62300 General Enhancement, Contract $300,000 Fund Services -Professional ADJUSTED SUBTOTAL $1,200,000 OPTIONAL EXTENSION 2 YEAR TERM City Council 12 — 2 4/18/2023 Purchase Order Amendment for Asphalt Pothole Repair April 18, 2023 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Account # Description Account Description Special Gas Roadway Maintenance, 2023-24 02917660-62300 Tax Contract Services- $900,000 Professional Special Gas Roadway Maintenance, 2024-25 02917660-62300 Tax Contract Services- $900,000 Professional Total $3,000,000 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 12 — 3 4/18/2023 Public Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) AGENDA TITLE Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 20-6963, ATPSB1 L-5063(199) (Non -General & General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS. 2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project's funding requirement. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 18, 2023, 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. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work. City Council 13 — 1 4/18/2023 Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate S RTS April 18, 2023 Page 2 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2020-96 was filed for Project 20-6963. DISCUSSION Kennedy Elementary and Villa Fundamental Intermediate SRTS project will make improvements for pedestrians and bicyclists traveling in the vicinity of Kennedy Elementary and Villa Fundamental Intermediate Schools (Exhibit 1). The project will take place in the vicinity of the two schools, with improvements at intersections and a striped bike path along Chestnut Avenue from Grand Avenue to Elk Street. The purpose of the project is to increase safety and convenience for pedestrians and bicyclists that utilize this corridor, primarily students. The scope of work includes reconstruction and installation of driveways, missing sidewalks, sidewalk repairs, curb and gutters, cross gutters, curb ramps, slurry seal, cold mill, AC pavement, signing and striping, and traffic signal modifications. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 52 regional vendors via PlanetBids, many of which are Santa Ana based. A total of four bids were received. No bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on February 17 and 22, 2023. The project was also advertised in PlanetBids from February 14 through March 2, 2023. Bids were received electronically via PlanetBids on March 2, 2023. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Diamond Construction & Design La Habra, CA $ 1,374,150 2 Palp, Inc. DBA Excel Paving Company Long Beach, CA $1,922,165 3 Hardy & Harper, Inc. Lake Forest, CA $2,140,000 4 EBS General Engineering, Inc. Corona, CA $2,229,770 A total of four bids were received and all were deemed responsive. Diamond Construction & Design submitted the lowest responsive base bid in the amount of $1,374,150 (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 City Council 13 — 2 4/18/2023 Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate S RTS April 18, 2023 Page 3 reference check, staff recommends awarding the construction contract to Diamond Construction & Design for the base bid totaling $1,374,150 (Exhibit 3). Diamond Construction and Design has successfully completed a recent project for the City of Santa Ana. The most recent project was the Residential Street Repair Program, Project 22-7533. The type of improvements included in their previous project is similar to the required scope of the Kennedy Elementary and Villa Fundamental Intermediate SRTS. In addition, the construction inspector and project manager were satisfied with the quality of previous work performed for the City. 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 labor 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 $1,659,049. Project Item Total Construction Contract $1,374,150 Construction Administration, Inspection, Testing $ 147,484 Project Contingencies $ 137,415 TOTAL CONSTRUCTION DELIVERY COST $1,659,049 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2020-96 was filed for Project 20-6963. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,659,049, which includes construction, contract administration, inspection, testing, and authorized contingencies of $284,899. All funds are available for expenditure in Fiscal Year 2022-23, however, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023-24. A proposed carryover of unspent funds will be presented to City Council for the FY 2023-24 portion of this contract. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: City Council 13 — 3 4/18/2023 Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate S RTS April 18, 2023 Page 4 Fiscal Accounting Unit Fund Accounting Unit, Account Year - Account No. Description No. Description Amount Project No. EXISTING BUDGET 14817614-66220 Traffic System Active Transportation 2022-23 (20-6963) MGMT Grant Program S131, Improvements $1,291,000 Other Than Building ADDITIONAL BUDGET/BUDGET REALLOCATION 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (16-6853) Street St, Improvements Other Than $10,690 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (17-6892) Street St, Improvements Other Than $29,000 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (18-6904) Street St, Improvements Other Than $1,601 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (18-6905) Street St, Improvements Other Than $3,500 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (19-6904) Street St, Improvements Other Than $7,025 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (20-6905) Street St, Improvements Other Than $10,870 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (20-6974) Street St, Improvements Other Than $25,000 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (21-6905) Street St, Improvements Other Than $20,363 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (22-6904) Street St, Improvements Other Than $80,000 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (22-6905) Street St, Improvements Other Than $50,000 Construction Building Public Works - 2022-23 01117620-66220 General Fund Traffic/Transportation — $130,000 Service Enhancement Total $1, 659, 049 City Council 13 — 4 4/18/2023 Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate S RTS April 18, 2023 Page 5 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2020-21 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 13 — 5 4/18/2023 Exhibit 1 SANTA ANA Project No. 20-6963: uaKennedy Elementary -Villa Fundamental PUBLIC WORKS AGENCY Intermediate Safe Routes to School City Council 13 — 6 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 ADDENDUM NO. ONE KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Diamond Construction & Design REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 620 CY $ $ 120 $74,400 2 AC Pavement* 1,260 TN $ $ 108.28 $136,432.80 3 Cold Mill 2"* 62,000 SF $ 0.38 $ 23,560.00 4 Rubberized Emulsion Aggregate Slurry 160 TN $ 400 $ (REAS), Type II* 64,000 5 Crack Seal 1 LS $ 16450 $ 16,450 6 PCC Sidewalk (T=4")* 10,100 SF $ 16 $ $161,600 7 PCC Driveway/Alley Approach (T = 8")* 860 SF $ 28 $ $24,080 8 PCC Curb Ramp* 1,100 SF $ 35 $ $38,500 9 PCC Curb and Gutter (Type A-2-8)* 1,800 LF $ 52 $ $93,600 10 PCC Curb (Type B-1)* 260 LF $ 40 $ 10,400 11 PCC Cross -Gutter (T=9")* 2,700 SF $ 27 $ 72,900 12 PCC Grinding* 500 LF $ 5 $ 2,500 13 PCC Gutter Depression at Catch Basin, include 30 LF $ $720 dowels spaced 18" 24 14 Parkway Box Culvert 1 EA $ 14000 $ 14,000 15 Truncated Dome 2 EA $ 1500 $ 3,000 City Council 13 — 7 4/18/2023 P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 ADDENDUM NO. ONE KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS Item Description Qty Unit Unit Price Amount 16 Stamped Concrete* 1,400 SF $ 25 $ 35,000 17 Aggregate Base * 45 CY $ 115 $ 5,175 18 Root Shave* 40 EA $ 600 $ 24,000 19 Remove Tree 1 EA $ 800 $ 800 20 Furnish and Plant tree (Crape Myrtle, 24" box) 1 EA $ 1350 $ 1350 21 Furnish and Install Water Valve Frame and 10 EA $ $ Cover to Finished Grade 750 7,500 22 Adjust Manhole Frame and Cover to Finished 4 EA $ 1350 $ 5,400 Grade 23 Signing and Striping 1 LS $ 116,245 $ 116,245 24 Furnish and Install Speed Feedback Sign and 2 EA $ 33,680 $ Pole 67,360 25 Traffic Signal Modification at Grand Ave and 1 LS $181,457 $ 181,457 Chestnut Ave 26 Install APS System at Grand Ave and Chestnut 1 LS $ $ Ave 19,595 19,595 27 Install Video Detection System at Grand Ave 1 LS $ $ and Chestnut Ave 41,195 41,195 28 Install 2" PVC Conduit per plan* 20 LF $ $ 67 1,340 29 Install 3" PVC Conduit per plan* 60 LF $ $ 67 4,020 30 Install 4" PVC Conduit per plan* 410 LF $ 67 $ 27 470 31 Install No. 6 Pull Box 7 EA $ $ 1200 8,400 32 Install No. 6E Pull Box 2 EA $ 1200 $ 2,400 33 Install Traffic Signal Loop Detector Type D 56 EA $ $ (Circular)* 350 19,600 34 Install Traffic Signal Loop Detector Type E* 104 EA $ 325 $ 33,800 35 Install Traffic Signal Loop Detector Type Q* 4 EA $ 350 $ 1,400 36 Pothole Traffic Signal Pole Location for Utility 4 EA $ 2,100 $ Conflicts* 8,400 37 Temporary Overhead Wiring at Grand Ave and 1 LS $ 7,500 $ Chestnut Ave 7,500 City Council 13 — 8 4/18/2023 P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 ADDENDUM NO. ONE KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS Item Description Qty Unit Unit Price Amount 38 Pothole for Utilities Not Shown on the Plans* 2 EA $ 1000 $ 2,000 39 Project Advertisement Sign 2 EA $ 800 $ 1,600 40 Construction Permit 1 LS $15,000 $ 15,000 TOTAL BASE BID (Items 1 to 40) $ 1,3741149.80 ADD ALTERNATE BID Item Description Qty Unit Unit Price Amount 41 Install APS System at Chestnut Ave and Lyon 1 EA $ 17,500 $ 17,500 St 42 Install Video Detection System at Chestnut Ave 1 EA $ 40,250 $ and Lyon St 40,250 43 Install GTT Opticom GPS EVP at Grand Ave 1 EA $ $ and Chestnut Ave 13,050 13,050 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. This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one hundred (100) working days after the commencement date stated in the Notice to Proceed. Furthermore, all non -traffic signal related work, including but not limited to sidewalk, curb and gutter, stamped concrete, coldmill, AC pavement, slurry seal, and signing and striping shall be completed within the first 50 working, days. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar. Name of Firm Diamond Construction & Design Signature of BIDDER Title general partner (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 13 — 9 4/18/2023 P-3 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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 Diamond Construction & Design Signature of BIDDER Title General Partner (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 13 — 10 4/18/2023 P-4 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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: Diamond Construction & Design Business Address: 921 N Harbor Blvd #622, La Habra Ca 90631 Business E-Mail Address: stely907@yahoo.com Telephone: 714-240-3698 State Contractor's License No. and Class: 521295 License Expiration Date: 02/28/25 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: General Partner 1000024690 06/30/23 City Council 13 —11 4/18/2023 P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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 Diamond Construction & Design Signature of BIDDER Title General Partner (if an individual, so state) City Council 13 — 12 4/18/2023 P-6 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% 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 Hardy & Harper License #/Exp. 215952 exp12/31/23 DIR Reg. #/Exp. 10000UOU76 exp 06/30/23 Location 32 rancho circle, lake forest Phone 714-444-1851 Type Of Work asphalt Amount $ 160,000 Name MD rubberized License #/Exp. DIR Reg. #/Exp. License # 986686 exp 09/30/23 1000006438 exp 06 30 23 Location 32 rancho circle, lake forest Phone - - 600 Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ crack seal $16,450 Signature of Bidder Name V&E tree License #/Exp. DIR Reg. #/Exp. Location 654506 exp 09/23/24 1000001936 exp 06/30/25 Po Box 3280, Orange ca Phone 714-997-0903 Type Of Work Amount $ root shave, tree cutting $24,800 Name CROSSTOWN ELECTRICAL License #/Exp. 756309 EXP 11/30/24 DIR Reg. #/Exp. 1000000155 EXP 06/30/23 License # Location Phone 626-813-6693 Type Of Work Amount $ 380,307 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ City Council 13 — 13 4/18/2023 P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 California State Parks - 35 Crystal Cove, Newport Beach Ca 92657 Name and Address of Owner. Randall Gamache - 949-599-6516 Name and Telephone Number of person familiar with project. $274,900 ry park repairs, drainage, surface repairs DEC 2022 Contract Amount Type of Work Date Completed 2 Carpinteria State Beach - 5361 6th St, Carpinteria Ca 93013 Name and Address of owner. Caesar Romo - 805-651-0569 Name and Telephone Number of person familiar with project. $274,900 repairs surfaces NOV 2022 Contract Amount Type of Work Date Completed Calle Real Waterline - 3917 Calle Real San Clemente, Ca 92673 3. Name and Address of owner. Gregg Diest - 949-337-3139 Name and Telephone Number of person familiar with project. $846,974 waterline upgrade MAR 2023 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. William Syrkin - Millenium Corp Services ph: 818-203-0408 fax 949-679-7244 5530 Trabucco Rd, Irvine Ca 92620 Lic#OM93299 bonds City Council 13 — 14 4/18/2023 P-10 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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. 1 Bicycle Casino - 888 Bicycle Casino Dr, Bell Gardena Ca 90201 Name and Address of Owner. Luis Sanchez - 310-743-5123 Name and Telephone Number of person familiar with project. $1,473,000 street improvements JUN 2021 Contract Amount Type of Work Date Completed 2. Residential Street - Santa Ana - multiple locations Name and Address of owner. Jose Castillo - 714-647-4700 Name and Telephone Number of person familiar with project. $738,611 street improvements JAN 2023 Contract Amount Type of Work Date Completed 3 Rosecrans & Valley View Intersection - Santa Fe Springs Name and Address of owner. Francisco Villasenor - 323-806-7067 Name and Telephone Number of person familiar with project. $916,653 intersection improvemets DEC 2022 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. William Syrkin - Millenium Corp Services ph: 818-203-0408 fax 949-679-7244 5530 Trabucco Rd, Irvine Ca 92620 Lic#OM93299 bonds City Council 13 — 15 4/18/2023 P-11 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS NON-DISCRIMINATION CERTIFICATE 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 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 13 — 16 4/18/2023 P-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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 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: General Partner Firm: Diamond Construction & Design Date: 03/02/23 City Council 13 — 17 4/18/2023 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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: General Partner Diamond Construction & Design 03/02/23 Title: Firm: Date: City Council 13 — 18 4/18/2023 P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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: General Partner Firm: Diamond Construction & Design 03/02/23 Date: City Council 13 — 19 4/18/2023 P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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? x Yes No If the answer is yes, explain the circumstances in the following space. City Council 13 — 20 4/18/2023 P-17 of P-17 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 20-6963; ATPSBIL-5063(199) KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS This CONSTRUCTION CONTRACT is made and entered into this 18th day of April, 2023 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 Diamond Construction & Design (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Kennedy Elementary And Villa Fundamental Intermediate SRTS (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Three Hundred Seventy Four Thousand One Hundred Forty Nine Dollars and Eighty Cents ($1,374,149.80), 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 13 — 21 4/18/2023 rev. 03/08/2023 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.ora/pwa/documents/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%) 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. 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 "Indemnitees"), 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, of any of the obligations under the Contract Documents; City Council 13 — 22 4/18/2023 Page 2 of 3 (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: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �4 �� JOHN FUNK Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Diamond Construction & Design NAME: Stelian Onufrei TITLE: General Partner City Council 13 — 23 4/18/2023 Page 3 of 3 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 ADDENDUM NO. ONE KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Diamond Construction & Design REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 620 CY $ $ 120 $74,400 2 AC Pavement* 1,260 TN $ $ 108.28 $136,432.80 3 Cold Mill 2"* 62,000 SF $ 0.38 $ 23,560.00 4 Rubberized Emulsion Aggregate Slurry 160 TN $ 400 $ (REAS), Type 11* 64,000 5 Crack Seal 1 LS $ 16450 $ 16,450 6 PCC Sidewalk (T=4")* 10,100 SF $ 16 $ $161,600 7 PCC Driveway/Alley Approach (T = 8")* 860 SF $ 28 $ $24,080 8 PCC Curb Ramp* 1,100 SF $ 35 $ $38,500 9 PCC Curb and Gutter (Type A-2-8)* 1,800 LF $ 52 $ $93,600 10 PCC Curb (Type B-1)* 260 LF $ 40 $ 10,400 11 PCC Cross -Gutter (T=9")* 2,700 SF $ 27 $ 72,900 12 PCC Grinding* 500 LF $ 5 $ 2,500 13 PCC Gutter Depression at Catch Basin, include 30 LF $ 24 $720 dowels spaced 18" 14 Parkway Box Culvert 1 EA $ 14000 $ 14,000 15 Truncated Dome 2 EA $ 1500 $ 3,000 City Council 13 — 24 4/18/2023 P-1 of P-17 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 ADDENDUM NO. ONE KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS Item Description Qty Unit Unit Price Amount 16 Stamped Concrete* 1,400 SF $ 25 $ 35,000 17 Aggregate Base * 45 CY $ 115 $ 5,175 18 Root Shave* 40 EA $ 600 $ 24,000 19 Remove Tree 1 EA $ 800 $ 800 20 Furnish and Plant tree (Crape Myrtle, 24" box) 1 EA $ 1350 $ 1350 21 Furnish and Install Water Valve Frame and 10 EA $ $ Cover to Finished Grade 750 7,500 22 Adjust Manhole Frame and Cover to Finished 4 EA $ 1350 $ 5,400 ' Grade 23 Signing and Striping 1 LS $ 116,245 $ 116,245 24 Furnish and Install Speed Feedback Sign and 2 EA $ 33,680 $ Pole 67,360 25 Traffic Signal Modification at Grand Ave and 1 LS $181,457 $ 181,457 Chestnut Ave 26 Install APS System at Grand Ave and Chestnut 1 LS $ $ Ave 19,595 19,595 27 Install Video Detection System at Grand Ave 1 LS $ $ and Chestnut Ave 41 195 41 195 ' 28 Install 2" PVC Conduit per plan* 20 LF $ $ 67 1,340 29 Install 3" PVC Conduit per plan* 60 LF $ $ 67 4,020 30 Install 4" PVC Conduit per plan* 410 LF $ 67 $27,470 31 Install No. 6 Pull Box 7 EA $ $ 1200 8,400 32 Install No. 6E Pull Box 2 EA $ 1200 $ 2,400 33 Install Traffic Signal Loop Detector Type D 56 EA $ $ (Circular)* 350 19,600 34 Install Traffic Signal Loop Detector Type E* 104 EA $ 325 $ 33,800 35 Install Traffic Signal Loop Detector Type Q* 4 EA $ 350 $ 1,400 36 Pothole Traffic Signal Pole Location for Utility 4 EA $ 2,100 $ Conflicts* 8,400 37 Temporary Overhead Wiring at Grand Ave and 1 LS $ 7,500 $ Chestnut Ave 7,500 City Council 13 — 25 4/18/2023 P-2 of P-17 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 ADDENDUM NO. ONE KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS Item Description Qty Unit Unit Price Amount 38 Pothole for Utilities Not Shown on the Plans* 2 EA $ 1000 $ 2,000 39 Project Advertisement Sign 2 EA $ 800 $ 1,600 40 Construction Permit 1 LS $15,000 $ 15,000 TOTAL BASE BID (Items 1 to 40) $ 1,374,149.80 ADD ALTERNATE BID Item Description Qty Unit Unit Price Amount 41 Install APS System at Chestnut Ave and Lyon 1 EA $ 17,500 $ 17,500 St 42 Install Video Detection System at Chestnut Ave 1 EA $ 40,250 $ and Lyon St 40,250 43 Install GTT Opticom GPS EVP at Grand Ave 1 EA $ $ and Chestnut Ave 13,050 13,050 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. j This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one hundred (100,) working days after the commencement date stated in the Notice to Proceed. Furthermore, all non -traffic signal related work, including but not limited to sidewalk, curb and gutter, stamped concrete, coldmill, AC pavement, slurry seal, and signing and striping shall be completed within the first 50 working days. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar. Name of Firm Diamond Construction & Design Signature of BIDDER Title general partner (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 13 — 26 4/18/2023 P-3 of P-17 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 20-6963: Kennedy Elementary and Villa Fundamental Intermediate SRTS Construction Contract $ 1,374,149.80 Contract Administration, Inspection and Testing $ 147,484.12 Contingencies $ 137,415.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,659,048.92 City Council 13 — 27 4/18/2023 EXHIBIT 5 PROJECT TITLE: Kennedy Elementary and Villa Fundamental Intermediate SRTS PROJECT CATEGORY: Traffic Improvements Traffic Safety / Mobility LOCATION MAP AGENCY: Public Works CITY OF SANTA ANA FY20121 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Installation of bulbouts, missing sidewalk, sidewalk repairs, left turn arrows, enhance marked crosswalks, bike lanes along the safe routes to school for Kennedy Elementary and Villa Fundamental Intermediate. PROJECT COSTS FY 20/21 Construction Engineering 1,291,000 TOTAL 1,291,000 SOURCE OF FUNDS FY 20/21 ATP - S131 Augmentation 1,291,000 TOTAL 1,291,000 DIVISION: Traffic Engineering PROJECT NEED: Project is designed to increase pedestrian/bicylist safety and mobility. FY 21/22 FY 22/23 FY 23124 FY 24125 FY 25126 FY 26127 FY 21/22 FY 22I23 FY 23124 FY 24125 FY 25126 FY 26127 CONTACT: DATE: Kenny Nguyen, Senior Civil Engineer 04-May-2020 City Council 13 — 28 26 4/18/2023 Public Works Agency www.santa-ana.org/public-works Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Santa Ana Zoo Giant River Otter and Primate Trails Project AGENDA TITLE Approve Additional Contingency Funds for an Existing Construction Contract with HYM Engineering, in the Amount of $1,198,427, for the Santa Ana Zoo Giant River Otter and Primate Trials Project with an Estimated Project Delivery Cost of $7,798,427 (Project No. 16-2658) (General and Non -General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Project Cost Analysis to recognize $1,198,427 for $1,056,880 in additional contingency funds and $141,547 in additional contract administration, inspection, and testing for a new estimated total construction delivery cost of $7,798,427. The new estimated total construction delivery costs include $5,289,238 for the construction contract, $923,385 for contract administration, inspection, testing, and a $1,585,804 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program for $1,198,427. DISCUSSION On November 2, 2021, the City Council awarded a construction contract to HYM Engineering (Exhibit 1) in the amount of $5,289,238, for the Santa Ana Zoo Giant River Otter and Primate Trails with an estimated project delivery cost of $6,600,000. Construction commenced in February 2022 and the existing "Amazon's Edge" exhibit, built in 1990 is undergoing a complete renovation of its water filtration system, visitor observation area, and creation of a new enclosed primate habitat with treetop trail for the animals (Exhibit 2). To further respond to the concerns indicated by the Association of Zoos and Aquariums (AZA) about a lack of modern zoological design with regard to old primate enclosures, it was necessary to incorporate more primate habitats into this ongoing project. Staff recommends adding two additional primate habitats to this project, leveraging economies of scale since the contractor is already mobilized. The additional work through this project enables three primate species to move from the 1950s cages City Council 14 — 1 4/18/2023 Santa Ana Zoo Giant River Otter and Primate Trails Project April 18, 2023 Page 2 into modern habitats at a lower cost to the City and will add nighttime lighting with the extra work, providing accessibility to this signature area during evening events. Staff requests approval of an amendment to increase the project by $1,198,427 to allow for continued oversight and consistency in delivering the project. These services augment City staff efforts to ensure the timely delivery of the project. These additional costs will be reflected in the revised cost analysis, which adds funds to construction engineering and contingencies (Exhibit 3). Expenditure Original Additional New Total Category Amount Funding Construction Contract $5,289,238.00 $5,289,238 Construction Administration, $781,838.20 $141,547.00 $923,385 Inspection, Testing Contingencies $528,923.80 $1,056,880.00 $1,585,804 Total $6,600,000 $1,198,427 $7,798,427 FISCAL IMPACT On April 4, 2023, as part of the Mid -Year Budget Update, the City Council approved additional funding for this purpose and that is reflected in the Accounting Unit identified below. Approval of the amendment to the FY 2021-22 Capital Improvement Program (Exhibit 4) will officially incorporate these funds in the amount of $1,198,427 into the project. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project. City Council 14 — 2 4/18/2023 Santa Ana Zoo Giant River Otter and Primate Trails Project April 18, 2023 Page 3 Fiscal Accounting Fund Accounting Unit, Year Unit -Account # Description Account Amount Description AMENDMENT TO PROJECT DELIVERY BUDGET PRCSA Zoo, 2022-23 01113220-66220 General Fund Improvements Other $1,198,427 Than Building EXISTING PROJECT DELIVERY BUDGET PRCSA Fee & 2021-22 02213200-66220 PRCSA Fees Donation, $600,000 & Donation Improvements Other Than Building Residential PRCSA-Acquisition & 2021-22 31313260-66220 Development Development, Improvements Other $4,955,777 District 3 Than Building Residential PRCSA-Acquisition & 2021-22 31313261-66220 Development Development In Lieu, $1,044,223 (Prof. 16-2658) District 3 Improvements Other Than Building Total $7,798,427 EXHIBIT(S) 1. Staff Report: Construction Contract Award 2. Location Map 3. Revised Cost Analysis 4. Amendment to Fiscal Year 2022-23 CIP Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 3 4/18/2023 EXHIBIT 1 Public Works and Parks Recreation & Community Services Agencies www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 2, 2021 TOPIC: Santa Ana Zoo Giant River Otter and Primate Trails AGENDA TITLE Approve Appropriation Adjustment and Award a Construction Contract to HYM Engineering in the Amount of $5,289,238 for the Santa Ana Zoo Giant River Otter and Primate Trails FY 2021-22 Project with an Estimated Project Delivery Cost of $6,600,000 (Project No. 16-2658) (Non -General Fund) RECOMMENDED ACTION 1. Award a contract and authorize the City Manager to execute a construction contract with HYM Engineering, the lowest responsible bidder, in accordance with the base bid in the amount of $5,289,238, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Santa Ana Zoo Giant River Otter and Primate Trails project, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment to recognize $600,000 in donations from Friends of the Santa Ana Zoo into the PRCSA Fee & Donation, Gifts & Donations revenue account and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize $3,108,060.79 from prior -year fund balance in the Residential Development District 3, Acquisition & Development, Prior -Year Carry Forward revenue account and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account for the Santa Ana Zoo Giant River Otter and Primate Trails project. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include in construction funds, $600,000 from the PRCSA Fees & Donation Fund, and $3,108,060.79 from the Residential Development District 3, Acquisition & Development Fund, for the Santa Ana Zoo Giant River Otter and Primate Trails project (No. 16-2658), for and total project budget increase of $3,708,060.79. City Council 14 — 4 4/18/2023 Award Construction Contract to HYM Engineering November 2, 2021 Page 2 DISCUSSION The existing "Amazon's Edge" exhibit, built in 1990, needs a complete renovation of its water filtration system, moat, and visitor observation area. In addition, the Association of Zoos and Aquariums (AZA) indicated the Santa Ana Zoo needs to modernize primate habitats to regain accreditations. The Santa Ana Zoo Giant River Otter and Primate Trails project will respond to all of these needs by encompassing an extensive transformation that will include redesign and reconstruction of existing facilities, installation of an underwater viewing area, and incorporation of an elevated primate trail system that opens up to large mesh habitats. Once completed, the exhibit will be a multi -species habitat that is home to Giant River Otters and large primates. The location of this project can be found on the attached location map (Exhibit 1). Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of three regional vendors via PlanetBids, none of which are Santa Ana -based. Three vendors requested bidding documents, and a total of three 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 11 and May 18, 2021. The project was also advertised in PlanetBids from July 19, 2021, through August 17, 2021. All Bids were received electronically via PlanetBids on August 17, 2021. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 HYM Engineering Inc. Fullerton $5,289,238.00 2 Kazoni Construction Costa Mesa $5,828,567.00 3 Metro Builders & Engineers Group Newport Beach $6,756,206.00 A total of three bids were received, and all were deemed responsive. HYM Engineering submitted the lowest responsive base bid, specified in the bid documents, the lowest Base Bid. Based on the bid analysis in the amount of $5,289,238 (Exhibit 2). As bid shall be determined on the basis of the and a contractor's reference check, staff recommends awarding the construction contract to HYM Engineering in the amount of the base bid totaling $5,289,238 (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. City Council 14 — 5 4/18/2023 Award Construction Contract to HYM Engineering November 2, 2021 Page 3 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 $6,600,000. Project Item Total Construction Contract $5,289,238.00 Construction Administration, Inspection, Testing $781,838.20 Contingencies $528,923.80 TOTAL CONSTRUCTION DELIVERY COST $6,600,000.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2018-18 was for the project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,600,000, which includes construction, contract administration, inspection, testing, and an authorized contingency. Approval of the requested Appropriation Adjustments will provide the following funding: 1. Recognize $600,000 in donations from FOSAZ into the PRCSA Fee & Donation, Gifts & Donations revenue account (No. 02213002-57081) and appropriate the same amount into the PRCSA Fee & Donation, Improvements Other than Building expenditure account (No. 02213200-66220). 2. Recognize $3,108,060.79 from prior year fund balance in the Residential Development District 3, Acquisition & Development, Prior Year Carry Forward revenue account (No. 31313002-50001) and appropriate the same amount into the Residential Development District 3, Acquisition & Development expenditure account (No. 31313260-66220). With the approval of the $3,708,060.79 amendment to the Fiscal Year 2021-22 Capital Improvement Program (Exhibit 5) and corresponding appropriation adjustments, the additional funding for this project will be available for expenditure in Fiscal Year 2021-22. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23 for expenditure. City Council 14 — 6 4/18/2023 Award Construction Contract to HYM Engineering November 2, 2021 Page 4 Fiscal Accounting Fund Accounting Unit, Year Unit -Account # Description Account Amount Description APROPRIATION ADJUSTMENTS PRCSA Fee & 2021-22 02213200-66220 PRCSA Fees Donation, $600,000.00 & Donation Improvements Other Than Building Residential PRCSA-Acquisition & 2021-22 31313260-66220 Development Development, Improvements Other $3,108,060.79 District 3 Than Building EXISTING PROJECT BUDGET Residential PRCSA-Acquisition & 2021-22 31313261-66220 Development Development In Lieu, $1,044,223.00 (Prof. 16-2658) District 3 Improvements Other Than Building Residential PRCSA-Acquisition & 2021-22 31313260-66220 Development Development, $1,847,716.21 (Prof. 16-2658) District 3 Improvements Other Than Building Total $6,600,000.00 EXHIBIT(S) 1. Location Map 2. Bid Results 3. Construction Contract 4. Cost Analysis 5. CIP worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency and Lisa Rudloff, Executive Director, Parks, Recreation & Community Services Agency Approved By: Kristine Ridge, City Manager City Council 14 — 7 4/18/2023 EXHIBIT 1 SANTA ANA PWA1 PUBLIC WORKS AGENCY Project No. 16-2658: SA Zoo Giant River Otter Habitat City Council 14 — 8 4/18/2023 City of Santa Ana Santa Ana Zoo Giant River Otter & Primate Trails (16-2658), bidding on 08/17/2021 2:00 PM (PDT) Bid Results Bidder Details Vendor Name HYM Engineering, Inc. Address 1559 W Commonwealth Ave Fullerton, California 92833 United States Respondee Abraham Jeon Respondee Title President Phone 714-523-2372 Email ajeon@hymengineering.com Vendor Type CADIR, VSBE License # 918130 Bid Format Electronic Submitted 08/17/2021 1:34 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 263726 Respondee Comment Buyer Comment Attachments EXHIBIT 2 File Title City Council FilejNarW 4/18/2023 Proposai - Scanned.pdf Proposal - Scanned.pdf File T) Gener City of Santa Ana Santa Ana Zoo Giant River Otter & Primate Trails (16-2658), bidding on 08/17/2021 2:00 PM (PDT) Line Items Discount Terms No Discount Item # Item Code Type Bid Proposal Form 1 Item Description Giant River Otter and Primate Trails i 4TY Unit Price LS 1 $5,289,238.0000 Line $5,269,238.00 $5,289,238,001 City Council 14 — 10 4/18/2023 City of Santa Ana Santa Ana Zoo Giant River Otter & Primate Trails (16-2658), bidding on 08/17/2021 2:00 PM (PDT) Line Item Subtotals Section Title Bid Proposal Form Grand Total City Council 14 —11 4/18/2023 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 16-2658 Santa Ana Zoo Giant Riser Otter & Primate Trails This CONSTRUCTION CONTRACT is made and entered into this 2nd day of November, 2021 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California (hereinafter "CITY"), and HYM Engineering (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana Zoo Giant River Otter & Primate Trails (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contracts 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 Five Million Two Hundred Eighty -Nine Thousand Two Hundred Thirty -Eight and No Cents ($5,289,238), 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 sums) 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 1 of 3 14 — 12 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 16-2658 Santa Ana Zoo Giant River Otter & Primate Trails 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: hqp://www.saiita-aiia.org/2wa/documelits/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%) 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 "Indemnitees"), 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) Perfolinance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Cityebwi ice or nonperformance by CONTRACT- 2 or its Subcontractors 4f Va2Qer tier, 2of3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 16R288 Santa Ana Zoo' Giant River Over & Primate Trails 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; (iy) 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 htptovoment, (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 Indernpitee. 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: LW22: A ' Rau LAURA A. ROSSINI Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: H yM El q i h•e2r +►AL) , Inc Company: NAME: /��vr�•I�av� �eoh Title: ?rP's 4 3 of 3 City Council 14 — 14 4/18/2023 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 16-2658: Santa Ana Zoo Giant River Otter and Primate Trails Construction Contract $ 5,289,238.00 Contract Administration, Inspection and Testing $ 781,838.20 Contingencies $ 528,923.80 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 6,600,000.00 City Council 14 — 15 4/18/2023 PROJECT TITLE: Santa Ana Zoo Giant River Otter Habitat PROJECT CATEGORY: Park Facility Improvements Park Facility LOCATION MAP A N CITY OF SANTA ANA FY21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Renovate the existing Amazon Edge Exhibit into a new Giant River Otter Exhibit. PROJECT NEED: The existing Amazon Edge Exhibit needs complete renovation to its water circulation and pumping system. In addition, AZA indicated the SA Zoo needs updated exhibits to regain accreditations. The old Amazon Edge Exhibit will be completely redesigned into a new Giant River Otter Habitat with an underwater viewing area. The improvements will also include a monkey highway through the trees and landscape to bring the animals closer to the viewer. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 3,708,061 - - - - - - TOTAL 3,708,061 - - SOURCE OF FUNDS A & D District 3 3,108,061 PRCSA F&D 600,000 TOTAL 3,708,061 AGENCY: DIVISION: Parks, Rec. & Community Services Administration FY 21 /22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 CONTACT: DATE: Ron Ono, Administrative Services Manager 13-Oct-2021 City Council 14 — 16 4/18/2023 rrk r �� �_ r -,• 174 F � . +ee LN EXHIBIT 3 REVISED COST ANALYSIS CONSTRUCTION OF PROJECT NO. 16-2658: SANTA ANA ZOO GIANT RIVER OTTER HABITAT Construction Analysis Current Cost Analysis Amendment Amount Updated Cost Analysis Construction Contract $ 5,289,238.00 $ - $ 5,289,238.00 Contract Administration, Inspection and Testing $ 781,838.20 $ 141,547.00 $ 923,385.20 Contingencies $ 528,923.80 $ 1,056,880.00 $ 1,585,803.80 TOTAL ESTIMATED CONSTRUCTION COSTS $ 6,600,000.00 $ 1,198,427.00 $ 7,798,427.00 City Council 14 — 18 4/18/2023 EXHIBIT 4 PROJECT TITLE: Santa Ana Zoo Amazon's Edge Giant River Otter Habitat PROJECT CATEGORY: City & Park Facility Improvements Zoo Facility LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Renovate the existing Amazon Edge Exhibit into a new Giant River Otter Exhibit. Amendment -Creation of a new enclosed primate habitat with treetop trail for the animals. PROJECT COSTS Construction Contingency Engineering Total Project Cost FY 22/23 5,289,238 - 1,585,804 1,056,880 1,439,756 141,547 TOTAL 8,314,798 1,198,427 Total Project SOURCE OF FUNDS Cost FY 22/23 Acquisition & Development Fees 6,516,371 - Fees and Donation 600,000 - General Fund 1,198,427 1,198,427 TOTAL 8,314,798 1,198,427 DIVISION: C/P Engineering PROJECT NEED: The existing Amazon Edge Exhibit needs complete renovation to its water circulation and pumping system. In addition, AZA indicated the SA Zoo needs updated exhibits to regain accreditations. The old Amazon Edge Exhibit will be completely redesigned into a new Giant River Otter Habitat with an underwater viewing area. The improvements will also include a monkey highway through the trees and landscape to bring the animals closer to the viewer. Amendment- To further respond to the concerns indicated by the AZA about a lack of modern zoological design with regards to old primate enclosures, it is feasible to add two additional primate habitats to this project. FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 CONTACT: Staff PWA, Public Works Agency DATE: 23-Mar-2023 City Council 14 — 19 4/18/2023 Public Works Agency www.santa-ana.org/public-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Centennial Lake Circulation Renovation Project AGENDA TITLE Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 2022-23 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 18-2681) (Revive Santa Ana program) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project. 2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 2023, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work. 4. Authorize the City Manager to execute the first amendment to the agreement with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional one-year periods upon a writing executed by the City Manager and City Attorney. City Council 15 — 1 4/18/2023 Centennial Lake Circulation Renovation April 18, 2023 Page 2 5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-31 was filed for Project 18-2681. DISCUSSION The Centennial Lake Circulation Renovation project is a comprehensive rehabilitation effort to improve the existing 10-acre lake located in Centennial Regional Park (Exhibit 1). The current operational equipment and facilities originally installed in 1978 have reached the limits of their design life. The functionality and efficiency of the system are failing and the condition and health of the lake water have declined to the point where park maintenance staff is unable to address the deficiencies. The construction scope of work takes a holistic approach to restoring and rebalancing the lake with measures involving both mechanical and biological systems and includes new pumps, piping, aeration devices, and natural habitat improvements (Exhibit 2). Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 59 regional vendors via PlanetBids, many of which are Santa Ana based. A total of two bids were received with one bid from a Santa Ana contractor. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 19 and 26, 2023. The project was also advertised in PlanetBids from January 25, 2023 through February 28, 2023. Bids were received electronically via PlanetBids on February 28, 2023. Bid Results Summary Rank Bidder's Name Location Base Bid 1 CJW Construction, Inc. Santa Ana, CA $4,942,135 NR Zusser Company, Inc. Los Angeles, CA Non -Responsive A total of two bids were received and of the two bidders, Zusser Company, Inc. was non -responsive. CJW Construction, Inc. submitted the lowest responsive base bid in the amount of $4,942,135 (Exhibit 3). 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 CJW Construction, Inc., in the amount of the base bid totaling $4,942,135 (Exhibit 4). City Council 15 — 2 4/18/2023 Centennial Lake Circulation Renovation April 18, 2023 Page 3 Protect 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 the following: construction management; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $6,179,135. Project Item Total Construction Contract $4,942,135 Construction Administration, Inspection, Testing $742,000 Project Contingencies $495,000 TOTAL CONSTRUCTION DELIVERY COST $6,179,135 The amendment to the Agreement with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement will be budgeted per the construction administration (Exhibit 6). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-31 was filed for the project 18-2681. FISCAL IMPACT On August 2, 2022, the City Council approved the Revive Santa Ana Spending Plan that reflected the entire American Rescue Plan Act (ARPA) allocation of local fiscal recovery funds. A $3,679,135 cost savings was subsequently identified and redirected, by the City Manager's authorization, to the Centennial Lake Circulation Renovation project, which is in the Public Health and Safety classification. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,179,135, which includes construction, contract administration, inspection and testing, and authorized contingencies of $1,237,000. All funds are available for expenditure in Fiscal Year 2022-23, however, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023-24. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: City Council 15 — 3 4/18/2023 Centennial Lake Circulation Renovation April 18, 2023 Page 4 Fiscal Accounting Unit Fund Accounting Unit -Account Year - Account No. Description No. Description Amount Project No. Additional Funds/Budget Reallocation 18117013-66220 American Improvements 2022-23 (From 22-1375 to Rescue Plan Other TBuilding Other Than $1,342,240 18-2681) Act Existing Budget 01213020-66220 Cannabis PRCSA Youth Services, 2022-23 (18-2681) Public Benefit Improvements Other Than $2,500,000 Fund Buildings 18117013-66220 American ARPA-PWA, Improvements 2022-23 (From 22-1375 to Rescue Plan Other Than Building $2,336,895 18-2681) Act Total $6,179,135 EXHIBIT(S) 1. Location Map 2. CIP Sheet 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 6. First Amendment Agreement with J. Smith & T. Muli, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 4 4/18/2023 EXHIBIT 1 LOCATION MAP ,& NOT T4 SCALE �N ORq ryC'F SANTA ANA 3A0 PQ �i Project No. 18-2681: o PWA Centennial Lake Circulation Renovation 17-MM-M, Mm PUBLIC WORKS AGENCY .00 City Council 15 — 5 4/18/2023 EXHIBIT 2 PROJECT TITLE: Centennial Lake Circulation Renovation PROJECT CATEGORY: City Facility Improvements - Park Facility Improvements LOCATION MAP W Hood Ave �n W Edinger Ave NabE4 ec c� A I* gal Regional Park W Centenn CITY OF SANTA ANA FY 22/23 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Design of a new circulation system on a 10 acre lake at Centennial Park. PROJECT NEED: In 2017, the City retained a Consultant to analyze the circulation system at Centennial Park Lake. The report indicates only a portion of the current circulation system is working and the lake needs a complete new circulation system. Currently staff is manually removing algae from the lake due to the poor aeration system. The new system is estimated to cost 2.2 million. Funding has been identified this year to complete the design of the new system. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 1679 111 TOTAL 3,679,135 SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 ARPA 3 6 TOTAL 3,679,135 AGENCY: DIVISION: CONTACT: DATE: Public Works Agency Parks, Fleet & Facilities Suzi Furjanic, Assoc. Park Planner 28-Mar-2023 City Council 15-6 - 1 - 4/18/2023 EXHIBIT 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: CJW Construction, Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Bid Item Unit Description Quantity Unit Amount No. Note No. Price 1 DN-19 CLEAR AND GRUB PER LIMITS 1 LS $98,000 $98,000 SHOWN 2 DN-17 UNCLASSIFIED EXCAVATION 1,450 CY $68 $98,600 FURNISH AND INSTALL 12-INCH 3 CN-14 C-900 DR-25 PR CL 165 PVC PIPE, 95 LF $72 $6,840 LENGTH PER PLAN. CONSTRUCT CONCRETE LAKE EDGE AT SIDEWALK / 4 CN-1 BOARDWALK PER PLAN, 155 LF $350 $54,250 CONSTRUCTION METHOD AND DETAIL 02 ON SHEET 10 CONSTRUCT CONCRETE LAKE 5 CN-2 EDGE PER PLAN AND DETAILS 480 LF $350 $168,000 ON SHEET 10 GRADE MEANDERING STREAM 6 CN-3 PER PLAN AND INSTALL ROCK 255 LF $250 $63,750 LINING CONSTRUCT CONCRETE BOAT 7 CN-4 RAMP PER DETAIL 12 ON SHEET 1 EA $40,000 $40,000 12 8 CN-5 CONSTRUCT MANMADE REEF 1 6 EA $600 $3,600 PER DETAIL 05 ON SHEET 11 9 CN-6 CONSTRUCT MANMADE REEF 2 2 EA $1,200 $2,400 PER DETAIL 06 ON SHEET 11 10 CN-7 CONSTRUCT FOUNTAIN PER 1 EA $12,000 $12,000 DETAIL 07 ON SHEET 14 FURNISH AND INSTALL 11 CN-8 WATERFOWL FOOD VENDING 7 EA $1,000 $7,000 MACHINE PER PLAN CONSTRUCT CONCRETE STEPS 12 CN-9 PER PLAN AND DETAIL 32 ON 550 SF $80 $44,000 SHEET 18 City Council 15 — 7 4/18/2023 P-1 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Unit Description Quantity Unit Amount No. Note No. Price CONSTRUCT OWL BOX PER 13 CN-10 DETAIL 10 ON SHEET 12. INSTALL 5 EA $325 $1,625 OWL BOX IN SELECTED TREES PER CITY ENGINEER FURNISH AND INSTALL PUMP 14 CN-11 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 $186,000 COMPLETE AS PER SHEET 20 15 CN-12 CONSTRUCT MANMADE REEF 3 25 EA $400 $10,000 PER DETAIL 7 ON SHEET 11 16 CN-13 CONSTRUCT BOAT DOCK PER 1 EA $6,000 $6,000 DETAIL 13 ON SHEET 12 CONSTRUCT COMPACTED DG 17 CN-15 STEPS PER DETAIL 31 ON SHEET 4,500 SF $24 $108,000 18 CONSTRUCT WETLAND PLANTER 18 CN-16 FOR AQUATIC VEGETATION 4,200 SF $30 $126,000 TYPE I PER DETAIL 16 ON SHEET 13 CONSTRUCT WETLAND PLANTER 19 CN-17 FOR AQUATIC VEGETATION 2,000 SF $58 $116,000 TYPE II PER DETAIL 17 ON SHEET 13 FURNISH AND INSTALL 20 CN-18 AERATION POD PER PLAN, AND 21 EA $900 $18,900 DETAIL 18 SHEET ON 14 FURNISH AND INSTALL PUMP 21 CN-19 VAULT TYPE A WITH EQUIPMENT 5 EA $186,000 $930,000 COMPLETE AS PER SHEET 15 FURNISH AND INSTALL 8-INCH 22 CN-20 SCHED 40 PVC PIPE, LENGTH PER 740 LF $70 $51,800 PLAN. FURNISH AND INSTALL PUMP 23 CN-21 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 $186,000 COMPLETE AS PER SHEET 16 FURNISH AND INSTALL 6-INCH 24 CN-22 SCH 40 PVC PIPE, LENGTH PER 2,110 LF $50 $105,500 PLAN. FURNISH AND INSTALL 4-INCH 25 CN-23 SCH 40 PVC PIPE, LENGTH PER 5,100 LF $40 $204,000 PLAN. FURNISH AND INSTALL 2-INCH 26 CN-24 SCH 40 PVC PIPE, LENGTH PER 515 LF $38 $19,570 PLAN. CONSTRUCT AND INSTALL 27 CN-25 SKIMMER BOX AT LAKE EDGE AT 13 EA $2,000 $26,000 GRASS PER PLAN, AND DETAIL 25 ON SHEET 14 City Council 15-8 4/18/2023 P-2 of P-21 CITY OF SANTA ANA Add No. One PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Unit Description Quantity Unit Amount No. Note No. Price CONSTRUCT AND INSTALL 28 CN-26 SKIMMER BOX AT LAKE EDGE AT 14 EA $2,000 $28,000 WALKWAY PER PLAN, AND DETAIL 26 ON SHEET 14 FURNISH AND INSTALL 6-INCH 29 CN-27 SLOTTED INTAKE PER DETAILS 4 EA $4,000 $16,000 27A AND 27B ON SHEET 14 FURNISH AND INSTALL 12-INCH 30 CN-28 EQUALIZER LINE PVC PIPE (C-900 320 LF S38,400 DR-25) PER PLAN, AND DETAIL 28 $120 SHEET 18, LENGTH PER PLAN FURNISH AND INSTALL PUMP 31 CN-36 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 S 186.000 COMPLETE AS PER DETAILS ON SHEET 18 FURNISH AND INSTALL 32 CN-37 WEIGHTED AIRLINE TUBING 2,550 LF $2 $5,100 FROM WALL TO AERATION POD PER PLAN. INSTALL WEIGHTED AIRLINE 33 CN-38 TUBING THROUGH PROPOSED 8 EA $400 $3,200 LAKE EDGE PER PLAN, AND DETAIL 38 ON SHEET 18 CONSTRUCT PIPE WALL 34 CN-39 PENETRATION THROUGH LAKE 42 EA $800 $33,600 EDGE PER PLAN, AND DETAILS 39A & 39B ON SHEET 13 FURNISH AND INSTALL 3"-6" 35 CN-41 RIVER ROCK PER PLAN, AND 40 CY $30 $1,200 TYPICAL SECTION'R' HEREON. FURNISH AND INSTALL 45-MIL 36 CN-42 EPDM LINER PER PLAN, AND 222 SY $20 $4,440 TYPICAL SECTION W HEREON. FURNISH AND INSTALL 1/4-TON 37 CN-43 RIP -RAP PROTECTION PER PLAN, 5 CY $400 $2,000 AND SECTION HEREON. 38 CN-44 CONSTRUCT FISH SPAWNING 31,600 SF $4 $126,400 AREA PER DETAIL 3 ON SHEET 10 CONSTRUCT BIOFILTER PER 39 CN-45 PLAN AND DETAIL 12 ON SHEET 4 EA $60,000 $240,000 23 CONSTRUCT 4" THICK CONCRETE 40 CN-52 PAVEMENT PER PLAN AND 5,100 SF $18 $91,800 COUNTY OF ORANGE OCPW STD PLAN 1621 City Council 15 — 9 4/18/2023 P-3 of P-25 CITY OF SANTA ANA Add No. One PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Unit Description Quantity Unit Amount No. Note No. Price CONSTRUCT LANDSCAPE 41 CN-53 PLANTER PER DETAIL 30 ON 4,200 SF $10 $42,000 SHEET 18 INSTALL RELOCATED 42 CN-56 BOOKSHARE KIOSK AT 1 EA $800 $800 LOCATION SHOWN FURNISH AND INSTALL PUMP 43 CN-57 VAULT TYPE B WITH EQUIPMENT 2 EA $186,000 $372,000 COMPLETE AS PER SHEET 21 INSTALL 36" BOX AUSTRALIAN 44 CN-58 WILLOW (GIJEIRA PARVIFLORA)PER CITY OF 12 EA $2,500 $30,000 SANTA ANA STD PLAN 1124B FURNISH AND INSTALL 124NCH 45 CN-59 SCHED 40 PVC PIPE, LENGTH PER 51 LF $400 $20,400 PLAN. INSTALL 3/4 INCH SCHEDULE 40 PVC IRRIGATION LINE. TRENCH 46 CN-66 DETAILS PER SHEET 22. ROOT 265 LF $38 $10,070 WATERING BUBBLER AT EACH TREE PER DETAIL 9 ON SHEET 22. REMOVE EXIST PUMP, WIRING, 47 DN-1 VAULT, AND APPURTENANCES. 11 EA $1,000 $11,000 BACKFILL HOLE(S). ABANDON EXISTING LAKE EDGE 48 DN-2 SKIMMER AND BACKFILL WITH 28 EA $800 $22,400 CONCRETE 49 DN-3 ABANDON EXIST PIPE IN -PLACE. 11 EA $15,400 CAP/ PLUG CUT ENDS. $1,400 50 DN-5 REMOVE AND TEMPORARILY 2 EA $280 $560 STORE BOOKSHARE KIOSK 51 DN-6 RELOCATE PARK BENCH PER 2 EA $600 $1,200 SHEET 3 REMOVE LIGHT STANDARD, 52 DN-7 FOUNDATION, CONDUIT, AND 1 EA $2,800 $2,800 WIRING. BACKFILL HOLE(S) 53 DN-8 REMOVE WOODEN POSTS AND 222 LF $10 $2,220 STEEL CABLE BARRICADE RELOCATE AND RECONNECT 54 DN-9 EXISTING IRRIGATION PIPES TO 215 LF $14 $3,010 LIMITS SHOWN City Council 15 — 10 4/18/2023 P-4 of P-25 CITY OF SANTA ANA Add No. One PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Unit Description Quantity Unit Amount No. Note No. Price RELOCATE TREES AS NEEDED TO $13,500 55 DN-10 CONSTRUCT WATER FEATURE 2,700 SF $ 5 PER SHEETS 5,6, AND 9 REMOVE EXISTING TREES $800 $9,600 56 DN-11 WITHIN LIMITS INCLUDING 12 EA ROOTBALL AND TRUNK REMOVE EXIST LAKE EDGE 57 DN-13 WALL PER LIMITS SHOWN ON 600 LF $50 $30,000 PLANS. 58 DN-14 REMOVE AND DISPOSE OF 8" 150 LF $8 $1,200 EQUALIZER LINES. ABANDON INTAKE STRUCTURE 59 DN-15 AND 24" ACP IN PLACE. 1 EA $8,000 K000 BACKFILL WITH CLSM. ABANDON EXISTING ELECTRIC 60 DN-18 FACILITY IN PLACE, DE- 11 EA $4,000 $44,000 ENERGIZE TO RENDER INOPERABLE AND SAFE 61 PROJECT ADVERTISEMENT SIGN 1 EA $2,000 $2,000 62 1 CONSTRUCTION PERMIT 1 I LS $30,000 1 $30,000 63 1 DEWATERING 1 LS $800,000 $800,000 CN= "Construction Notes" from Plan Set DN= "Demolition Notes" from Plan Set City Council 15 —11 4/18/2023 P-5 of P-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION TOTAL BASE BID $ 4,942,135.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 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 (280) 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 $2,000.00 per calendar day. Name of Firm CJW Construction, Inc Signature of BIDDER Title Daniel Duarte, President Tammy Harvey, 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 - ° - 5 — 12 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by 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 CJW Construction, Inc Signature of BIDDER Title Daniel Duarte, President Tammy Harvey, 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 5 — 13 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: CYVN Construction, Inc Business Address: 841 E. Washington Avenue Suite B, Santa Ana, CA 92701 Business E-Mail Address: estimating@cjwconstruction.com Telephone: 714-835-6820 State Contractor's License No. and Class: CSLB 4803675 License Expiration Date: 1/31/2024 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expir te: Signed: Title: Daniel Duarte, President 1000009924 06/30/2024 City Council 15 — 14 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part 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 CJW Construction, Inc Signature of BIDDER Title Daniel Duarte, President (if an individual, so state) City Council - ° — 15 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors 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 ZZ Construction License #/Exp. 1054314 / Ex. 06/30/2023 DIR Reg. #/Exp. 1000930487 Ex. 06/30/2023 Location Santa Ana, CA Phone 714-863-4132 Type Of Work Landscaping & Concrete (Partial) Amount $ $300,000 Name Herman and Charles, Inc. License #/Exp. 1086284 / June 2023 DIR Reg. #/Exp. 1000859957 / June 2023 License # 1086284 / June 2023 Location San Bernardino, CA Phone 951-205-1637 Type Of Work Electrical (Partial) Amount $ $655,000 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name Macro -Z-Technology License #/Exp. 561313 / Ex. 03/31/2023 DIR Reg. #/Exp. 1 000 000 232 / Ex. 06/30/2024 Location Santa Ana, CA Phone 714-564-1130 Type Of Work Earthwork (Partial) Amount $ $200,000 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 — 16 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. I, Orange County Public Works. 601 N Ross St, Santa Ana, CA 92701 Name and Address of Owner. Teejay Aeropagita, Resident Engineer. 714-856-2099 Name and Telephone Number of person familiar with project. $6,510,523 Repair of Channel & Erosion Protection 09/29/2020 Contract Amount Type of Work Date Completed 2. Orange County Water District. 18700 Ward St, Fountain Valley, CA 92708 Name and Address of owner. Ryan Bouley, Principal Engineer 714-378-8207 Name and Telephone Number of person familiar with project. $1,859,000 Sediment Removal of Dam 02/13/2021 Contract Amount Type of Work Date Completed 3, USACE -Los Angeles District. 915 Wilshire Blvd., Suite 1101, Los Angeles, CA 90017 Name and Address of owner. Fernando Cano, Project Engineer. 951-898-6151 Name and Telephone Number of person familiar with project. Riprap revetment & stone toe $29,748,020 protection along Santa Ana River Contract Amount Type of Work 08/08/2024 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. Alliant Insurance Services, Inc. 18100 Von Karman Avenue, 10th Floor, Irvine, CA 92612: (949) 660-5956 Western Surety Company, 2 Park Plaza, Irvine, CA 92614: (949) 399-4970 City Council 15 — 17 4/18/2023 P-13 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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. 1. County of Orange. 300 North Flower St Suite 800 Santa Ana, CA 92703 Name and Address of Owner. Teejay Aeropagita, Resident Engineer. 714-856-2099 Name and Telephone Number of person familiar with project. $4,251,275 Sediment Removal from channel 04/12/2019 Contract Amount Type of Work Date Completed 2. California State Lands Commission. 100 Howe Ave, Suite 100-South, Sacramento, CA 95825 Name and Address of owner. Keith Merkle 858-560-6441 Name and Telephone Number of person familiar with project. $3,742,180 Maintenance dredging of lowlands Contract Amount Type of Work 12/31 /2020 Date Completed 3. Los Angeles County Public Works. 900 South Fremont Ave, Alhambra, CA 91803 Name and Address of owner. Victor Bermudez 626-688-8275 Name and Telephone Number of person familiar with project. Repair of levees and -flood $7,599,811 management improvement Contract Amount Type of Work 03/21 /2021 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. See previous reference page. City Council 15 — 18 4/18/2023 P-14 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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. 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 Council — 19 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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 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: Daniel Duarte, President Firm: CJW Construction, Inc Date: 2/28/2023 City Council ofiE — 20 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Daniel Duarte, President Firm: CJW Construction, Inc Date: 2/28/2023 City Council o — 21 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (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: Daniel Duarte, President Firm: CJW Construction, Inc Date: 2/28/2023 City Council o — 22 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. City Council 15 — 23 4/18/2023 P-20 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS (NOT USED) ■■_. ._ ._ - - Signed: Title: President Firm: CJW Construction, Inc. Date: 02/28/2023 Daniel Duarte City Council 1 — 24 4/18/2023 CITY OF SANTA ANA PROPOSAL Add No. One PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The BIDDER, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Signature: Printed Name: Daniel Duarte Title: President Firm Name: CJW Construction, Inc. Note: Providing false information may result in criminal prosecution or administrative sanctions. City Council 15 — 25 4/18/2023 CITY OF SANTA ANA PROPOSAL Add No. One PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The BIDDER certifies, by signing and submitting this 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 BIDDER also agrees by submitting his or her 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. Signature: Printed Name: Daniel Duarte Title: President Firm Name: CJw Construction, Inc. City Council 15 — 26 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: Action: = a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 11. 12. 14. Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual ❑ planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission ea. cash d. contingent fee b. in -kind; specify: nature e deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No ❑ 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Signature:_ Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form - LLL Add No. One City Council 15 — 27 4/18/2023 P-24 of P-25 CITY OF SANTA ANA PROPOSAL Add No. One PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box. Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. City Council 15 — 28 4/18/2023 P-25 of P-25 EXHIBIT 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION This CONSTRUCTION CONTRACT is made and entered into this 18t1' day of April, 2023 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 CJW Construction, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Centennial Lake Circulation Renovation Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction, 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Four Million Nine Hundred Forty -Two Thousand One Hundred Thirty -Five Dollars and No Cents ($4,942,135.00), 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 15 — 29 2119(81228 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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: ht[p://www.santa-ana.or�1/1)wa/documents/CWA.lidf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 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 hssurance 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 "Indemnitees"), 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; City Council 15 — 30 WgV26213 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, 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. 11. USE OF CSLFRF FUNDS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are in applicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit `B" and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [signature page to follow] City Council 15 — 31 i1133 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER HALL Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �►+! µ,-iL JOHN FUNK Chief Assistant City Attorney NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: CJW Construction, Inc. NAME: Daniel Duarte TITLE: President City Council 15 — 32 4920203 11 . CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: CJW Construction. Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Bid Item Unit No. Note No. Description Quantity Unit Price Amount 1 DN-19 CLEAR AND GRUB PER LIMITS 1 LS $98,000 $98,000 SHOWN 2 DN-17 UNCLASSIFIED EXCAVATION 1,450 CY $68 $98,600 FURNISH AND INSTALL 12-INCH 3 CN-14 C-900 DR-25 PR CL 165 PVC PIPE, 95 LF $72 $6,840 LENGTH PER PLAN. CONSTRUCT CONCRETE LAKE EDGE AT SIDEWALK / 4 CN-1 BOARDWALK PER PLAN, 155 LF $350 $54,250 CONSTRUCTION METHOD AND DETAIL 02 ON SHEET 10 CONSTRUCT CONCRETE LAKE 5 CN-2 EDGE PER PLAN AND DETAILS 480 LF $350 $168,000 ON SHEET 10 GRADE MEANDERING STREAM 6 CN-3 PER PLAN AND INSTALL ROCK 255 LF $250 $63,750 LINING CONSTRUCT CONCRETE BOAT 7 CN-4 RAMP PER DETAIL 12 ON SHEET I EA $40,000 $40,000 12 8 CN-5 CONSTRUCT MANMADE REEF 1 6 EA $600 $3,600 PER DETAIL 05 ON SHEET 11 9 CN-6 CONSTRUCT MANMADE REEF 2 2 EA $1,200 $2,400 PER DETAIL 06 ON SHEET 11 $12,000 $12,000 10 CN-7 CONSTRUCT FOUNTAIN PER 1 EA DETAIL 07 ON SHEET 14 FURNISH AND INSTALL 11 CN-8 WATERFOWL FOOD VENDING 7 EA $1,000 $7,000 MACHINE PER PLAN CONSTRUCT CONCRETE STEPS 12 CN-9 PER PLAN AND DETAIL 32 ON 550 SF $80 $44,000 SHEET 18 City Council P-1 of P-46 — 33 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Description Quantity Unit Unit Amount No. Note No. Price CONSTRUCT OWL BOX PER 13 CN-10 DETAIL 10 ON SHEET 12. INSTALL 5 EA $325 $1,625 OWL BOX IN SELECTED TREES PER CITY ENGINEER FURNISH AND INSTALL PUMP 14 CN-11 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 $186,000 COMPLETE AS PER SHEET 20 15 CN-12 CONSTRUCT MANMADE REEF 3 25 EA $400 $10,000 PER DETAIL 7 ON SHEET 11 16 CN-13 CONSTRUCT BOAT DOCK PER 1 EA $6,000 $6,000 DETAIL 13 ON SHEET 12 CONSTRUCT COMPACTED DG 17 CN-15 STEPS PER DETAIL 31 ON SHEET 4,500 SF $24 $108,000 18 CONSTRUCT WETLAND PLANTER 18 CN-16 FOR AQUATIC VEGETATION 4,200 SF $30 $126,000 TYPE I PER DETAIL 16 ON SHEET 13 CONSTRUCT WETLAND PLANTER 19 CN-17 FOR AQUATIC VEGETATION 2,000 SF $58 $116,000 TYPE II PER DETAIL 17 ON SHEET 13 FURNISH AND INSTALL 20 CN-18 AERATION POD PER PLAN, AND 21 EA $900 $18,900 DETAIL 18 SHEET ON 14 FURNISH AND INSTALL PUMP 21 CN-19 VAULT TYPE A WITH EQUIPMENT 5 EA $186,000 $930,000 COMPLETE AS PER SHEET 15 FURNISH AND INSTALL 8-INCH 22 CN-20 SCHED 40 PVC PIPE, LENGTH PER 740 LF $70 $51,800 PLAN. FURNISH AND INSTALL PUMP 23 CN-21 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 $ 186,000 COMPLETE AS PER SHEET 16 FURNISH AND INSTALL 6-INCH 24 CN-22 SCH 40 PVC PIPE, LENGTH PER 2,110 LF $50 $105,500 PLAN. FURNISH AND INSTALL 4-INCH 25 CN-23 SCH 40 PVC PIPE, LENGTH PER 5,100 LF $40 $204,000 PLAN. FURNISH AND INSTALL 2-INCH 26 CN-24 SCH 40 PVC PIPE, LENGTH PER 515 LF $38 $19,570 PLAN. CONSTRUCT AND INSTALL 27 CN-25 SKIMMER BOX AT LAKE EDGE AT 13 EA $2,000 $26,000 GRASS PER PLAN, AND DETAIL 25 ON SHEET 14 City Council P-2 of P-15 — 34 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Description Quantity Unit Unit Amount No. Note No. Price CONSTRUCT AND INSTALL 28 CN-26 SKIMMER BOX AT LAKE EDGE AT 14 EA $2,000 $28,000 WALKWAY PER PLAN, AND DETAIL 26 ON SHEET 14 f FURNISH AND INSTALL 6-INCH 29 CN-27 SLOTTED INTAKE PER DETAILS 4 EA $4,000 $16,000 27A AND 27B ON SHEET 14 FURNISH AND INSTALL 12-INCH 30 CN-28 EQUALIZER LINE PVC PIPE (C-900 320 LF $38,400 DR-25) PER PLAN, AND DETAIL 28 $120 SHEET 18, LENGTH PER PLAN FURNISH AND INSTALL PUMP 31 CN-36 VAULT TYPE B WITH EQUIPMENT I EA $186,000 $186.000 COMPLETE AS PER DETAILS ON SHEET 18 FURNISH AND INSTALL 32 CN-37 WEIGHTED AIRLINE TUBING 2,550 LF $2 $5,100 FROM WALL TO AERATION POD PER PLAN. INSTALL WEIGHTED AIRLINE 33 CN-38 TUBING THROUGH PROPOSED 8 EA $400 $3,200 LAKE EDGE PER PLAN, AND DETAIL 38 ON SHEET 18 CONSTRUCT PIPE WALL 34 CN-39 PENETRATION THROUGH LAKE 42 EA $800 $33,600 EDGE PER PLAN, AND DETAILS 39A & 39B ON SHEET 13 FURNISH AND INSTALL 3"-6" 35 CN-41 RIVER ROCK PER PLAN, AND 40 CY $30 $1,200 TYPICAL SECTION 'R' HEREON. FURNISH AND INSTALL 45-MIL 36 CN-42 EPDM LINER PER PLAN, AND 222 SY $20 $4,440 TYPICAL SECTION'R' HEREON. FURNISH AND INSTALL 1/4-TON 37 CN-43 RIP -RAP PROTECTION PER PLAN, 5 CY $400 $2,000 AND SECTION HEREON. 38 CN-44 CONSTRUCT FISH SPAWNING 31,600 SF $4 $126,400 AREA PER DETAIL 3 ON SHEET 10 CONSTRUCT BIOFILTER PER 39 CN-45 PLAN AND DETAIL 12 ON SHEET 4 EA $60,000 $240,000 23 CONSTRUCT 4" THICK CONCRETE 40 CN-52 PAVEMENT PER PLAN AND 5,100 SF $18 $91,800 COUNTY OF ORANGE OCPW STD PLAN 1.621 City Council P-3 of P-f5 — 35 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Description Quantity Unit Unit Amount No. Note No. Price I CONSTRUCT LANDSCAPE 41 CN-53 PLANTER PER DETAIL 30 ON 4,200 SF $10 $42,000 SHEET 18 INSTALL RELOCATED 42 CN-56 BOOKSHARE KIOSK AT 1 EA $800 $800 LOCATION SHOWN FURNISH AND INSTALL PUMP 43 CN-57 VAULT TYPE B WITH EQUIPMENT 2 EA $186,000 $372,000 COMPLETE AS PER SHEET 21 INSTALL 36" BOX AUSTRALIAN 44 CN-58 W.ILLOW (GIJEIRA PARVIFLORA)PER CITY OF 12 EA $2,500 $30,000 SANTA ANA STD PLAN l 124B FURNISH AND INSTALL 12-INCH 45 CN-59 SCHED 40 PVC PIPE, LENGTH PER 51 LF $400 $20,400 PLAN. INSTALL 3/4 INCH SCHEDULE 40 PVC IRRIGATION LINE. TRENCH 46 CN-66 DETAILS PER SHEET 22. ROOT 265 LF $38 $10,070 WATERING BUBBLER AT EACH TREE PER DETAIL 9 ON SHEET 22. REMOVE EXIST PUMP, WIRING, 47 DN-1 VAULT, AND APPURTENANCES. 11 EA $1,000 $11,000 BACKFILL HOLE(S). ABANDON EXISTING LAKE EDGE 48 DN-2 SKIMMER AND BACKFILL WITH 28 EA $800 $22,400 CONCRETE 49 11 EA DN-3 ABANDON EXIST PIPE IN -PLACE. $15,400 CAP/ PLUG CUT ENDS. $1,400 DN-5 REMOVE AND TEMPORARILY EA $280 $560 50 2 STORE BOOKSHARE KIOSK 51 DN-6 RELOCATE PARK BENCH PER 2 EA $600 $1,200 SHEET 3 REMOVE LIGHT STANDARD, 52 DN-7 FOUNDATION, CONDUIT, AND 1 EA $2,800 $2,800 WIRING. BACKFILL HOLE(S) 53 DN-8 REMOVE WOODEN POSTS AND 222 LF $10 $2,220 STEEL CABLE BARRICADE RELOCATE AND RECONNECT 54 DN-9 EXISTING IRRIGATION PIPES TO 215 LF $14 $3,010 LIMITS SHOWN City Council P-4 of P-M — 36 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Description Quantity Unit Unit Amount No. Note No. Price RELOCATE TREES AS NEEDED TO 55 DN-10 CONSTRUCT WATER FEATURE 2,700 SF $ 5 $13,500 PER SHEETS 5,6, AND 9 REMOVE EXISTING TREES 56 DN-11 WITHIN LIMITS INCLUDING 12 EA $800 $9,600 ROOTBALL AND TRUNK REMOVE EXIST LAKE EDGE 57 DN-13 WALL PER LIMITS SHOWN ON 600 LF $50 $30,000 PLANS. 58 DN-14 REMOVE AND DISPOSE OF 8" 150 LF $8 $1,200 EQUALIZER LINES. ABANDON INTAKE STRUCTURE 59 DN-15 AND 24" ACP IN PLACE. l EA $8,000 $8,000 BACKFILL WITH CLSM. ABANDON EXISTING ELECTRIC 60 DN-18 FACILITY IN PLACE, DE- 11 EA ENERGIZE TO RENDER $4,000 $44,000 INOPERABLE AND SAFE 61 PROJECT ADVERTISEMENT SIGN 1 1 EA $2,000 $2,000 62 CONSTRUCTION PERMIT LS $30,000 $30,000 63 DEWATERING 1 LS $800,000 $800,000 CN= "Construction Notes" fi•om Plan Set DN= "Demolition Notes" from Plan Set City Council P-5 of 1 15 — 37 4/18/2023 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION TOTAL SASE BID $ 4,942,135.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "250/6" 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 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 J280) working day 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 $2,000.00 per calendar day. Name of Firm CJW Construction, Inc Signature of BIDDER Title _ DanieI Duarte, President Tammy HarveL, 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.) P-6 of P-21 City Council 15 — 38 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION EXHIBIT B FEDERAL CONTRACT PROVISIONS During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit "A" 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows: The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. Jiij The CONTRACTOR will, 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, sexual orientation, gender identity, or national origin. Lifil The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish infornation. iv The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be City Council 15 — 39 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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. (v) The CONTRACTOR will 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. vi The CONTRACTOR will 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 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. jyja In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction 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 Executive 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, regulation, or order of the Secretary of Labor, or as otherwise provided by law. fyija The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that an the event the CONTRACTOR becomes involved an, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates an federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. City Council 15 — 40 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. fiij Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of City Council 15 — 41 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. iv Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: Not applicable to this Construction Contract. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. ii Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Li. CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. CiiiI This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. City Council 15 — 42 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION iv CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors performing work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. (i) Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment "1" and incorporated herein by this reference. 0) Appendix H to Part 200 (J) — §200.323 Procurement of Recovered Materials: Q CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. iii Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, littps://www.epa. gov/smm/coniprehensive-procurement-guideline-cpg-program. iv The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: City Council 15 — 43 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Q CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 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). W 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). Telecommunications or video surveillance services provided by such entities or using such equipment. (33,) 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. ii See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement: (i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. ii For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (22,) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. City Council 15 — 44 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: W Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award terns set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. ii Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iii OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. iv Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Govemmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vi New Restrictions on Lobbying, 31 C.F.R. Part 21. f.yW Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. dil The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. City Council 15 — 45 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION fifil Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. iv The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. Uv) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. ii The list of persons and entities referenced in the paragraph above includes the following: management; enforcement agency; A member of Congress or a representative of a committee of Congress; Q An Inspector General; The Government Accountability Office; A Treasury employee responsible for contract or grant oversight or An authorized official of the Department of Justice or other law A court or grand jury; or A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. City Council 15 — 46 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: Qi) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. ii CONTRACTOR acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. iii CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit littp://www.lep.gov. iv CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which such assistance is provided. (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors, transferees and assignees: City Council 15 — 47 4/18/2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance fr•orn excluding from a program or activity), denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). Title VI also extends protection to persons with `Limited English proficiency" in any program or activity receiving federal.frnancial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). vi CONTRACTOR understands and agrees that if any real properly or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. vii CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on -site compliance reviews, and reporting requirements. viii CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. ix CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub -awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council 15 — 48 4/18/2023 EXHIBIT 5 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 18-2681: CENNTENNIAL LAKE CIRCULATION RENOVATION Construction Contract $ 4,942,135.00 Contract Administration, Inspection and Testing $ 742,000.00 Contingencies $ 495,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 6,179,135.00 City Council 15 — 49 4/18/2023 FIRST AMENDMENT TO AGREEMENT WITH J. SMITH & T. MULI. INC.. TO PROVIDE LAKE ENGINEERING SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 18, 2023, by and between J. Smith & T. Muli, 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. The parties entered into Agreement No. N-2022-159 ("Agreement") dated May 20, 2022, to retain a qualified consultant to provide lake engineering services for the Centennial Park Lake Renovation Project. B. The Agreement is in full force and effect through December 31, 2023. C. The parties now wish to amend the Agreement to increase the compensation under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is hereby amended to increase the total amount to be expended under the term of the Agreement by $11,500.00. The total not -to -exceed amount of the Agreement shall be $61,391.00. 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. Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: Bran n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency Kristine Ridge City Manager CONSULTANT . imith, PE li4dent Page 1 of 1 City Council 15 — 50 4/18/2023 Public Works Agency www.santa-ana.org/public-works Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Agreements for On Call Installation, Maintenance, and Repair Services for Fencing and Gates AGENDA TITLE Approve Agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc., for a Total Amount Not to Exceed $3,000,000, for up to a Five -Year Term for As -Needed Installation, Maintenance, and Repair for Fencing and Gate Services (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Hillsborough Fence Company, J & A Engineering Corporation, and Quality Fence Co. Inc. to provide on -call installation, maintenance, and repair for fencing and gates, for a shared aggregate amount not to exceed $3,000,000 for a three-year term beginning April 18, 2023 and expiring April 18, 2026, with provisions for two, one-year extensions, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City occasionally requires the services of independent contractors to assist with the installation, maintenance, and repair services for fencing and gates. These services may include labor, materials, and equipment to install new chain link fencing, new security ornamental iron fencing, swinging and motorized chain link and iron gates and/or the removal of existing fencing, and maintenance and repair of existing fencing and gate systems throughout the City of Santa Ana on an as -needed basis. On February 15, 2023, the Public Works Agency issued a Request for Proposals (RFP) for on -call installation, maintenance, and repair services for fencing and gates via the City's Planet Bids website (Exhibit 1). A total of 1,462 vendors were notified of the RFP and 31 downloaded the proposal files. Three proposals were received and evaluated by a selection committee based on the criteria outlined in the RFP. Listed below are the responding firms with qualifying proposal scores: City Council 16 — 1 4/18/2023 Agreements for On Call Installation, Maintenance and Repair Services for Fencing and Gates April 18, 2023 Page 2 Firm City Rank Hillsborough Fence Company La Mirada, CA 1 Quality Fence Co Inc. Paramount, CA 2 J&A Fence Engineering Corp. Azusa, CA 3 Staff recommends awarding on -call agreements to all three top -ranked firms: Hillsborough Fence Company, J & A Fence Engineering Corporation, and Quality Fence Co., Inc. to perform on -call installation, maintenance, and repairs. These highly -ranked firms demonstrated they have the experience, staff, equipment, and financial security to provide a rapid response to the City's fencing and gate needs. The firms' rates are reasonable and within industry standards, the teams' qualifications are appropriate, and the proposals were determined to provide the best value for the City. FISCAL IMPACT There is no fiscal impact at this time. The Public Works Agency will follow the established on -call services process during the FY 2022-2025 contractual term for requesting necessary fiscal review and authorization. Prior to utilizing the on -call services for any of these future task orders, Public Works Agency staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the shared $3,000,000 aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed to contain the specific scope and maximum expenditure for the task order will be issued. EXHIBIT(S) 1. Agreement with Hillsborough Fence Company 2. Agreement with J & A Engineering Corporation 3. Agreement with Quality Fence Co., Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 16 — 2 4/18/2023 AGREEMENT WITH HILLSBOROUGH FENCE COMPANY TO PROVIDE ON -CALL INSTALLATION, MAINTENANCE AND REPAIR SERVICES FOR FENCING AND GATES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of April, 2023 by and between Hillsborough Fence Company, 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 February 15, 2023, the City issued a Request for Proposal ("RFP") No. 23-012, by which it desired to retain a contractor having special skill and knowledge in the field of installation, maintenance and repair services for fencing and gates on an "on -call" basis 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 such services described in the scope of work that was included in RFP No. 23-012. 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 On an on -call 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. 23-012, 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 three (3) contractors selected to provide installation, maintenance and repair services for fencing and gates on an on -call basis under RFP 23-012. The total compensation for these services provided by all such contractors selected under RFP 23-012 shall not exceed the shared aggregate amount of Three Million Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper Page 1 of 9 City Council 16 — 3 4/18/2023 invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 18, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-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 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 Page 2 of 9 City Council 16 — 4 4/18/2023 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. 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. Minimum Scope and Limit of Insurance (1) 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 aggregatelimit 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. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) 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. (4) Broader Coverage: if the Contractor 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 limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance 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 Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, 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). Page 3 of 9 City Council 16 — 5 4/18/2023 (2) Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage 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 the Contractor'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: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof 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 Contractor 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: If any of the required policies provide claims -made coverage: The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. 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 Contractor must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. (8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby Page 4 of 9 City Council 16 — 6 4/18/2023 this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor'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. (9) Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 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. Page 5 of 9 City Council 16 — 7 4/18/2023 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 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 Contractor 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. 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, Page 6 of 9 City Council 16 — 8 4/18/2023 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. 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 that 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 that 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. 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, Page 7 of 9 City Council 16 — 9 4/18/2023 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. 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: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Page 8 of 9 City Council 16 — 10 4/18/2023 To Contractor: Hillsborough Fence Company Attn: Heidi Hunter, Vice President P.O. Box 1272 La Mirada, CA 90638 A party may change its address by giving notice in writing to the other parry. 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: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Heidi Hunter Vice President Page 9 of 9 City Council 16 —11 4/18/2023 EXHIBIT A City Council 16 — 12 4/18/2023 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES I. INTRODUCTION AND BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Fencing and Gate Contractor(s) to provide Perimeter Security Fencing and Gates which include labor, materials and equipment to install new chain link fencing, new security ornamental iron fencing, swinging and motorized chain link and iron gates and/or the removal of existing fencing, maintenance and repair of existing fencing and gate systems throughout the City of Santa Ana on an as -needed basis. It is the City's intent to select one or more firms to enter into an agreement(s). The total fencing and gate services needed for On -call service agreement(s) is valued at approximately $3,000,000. The total amount to be expended shall be shared among all contractors selected for award to provide these services for th entirety of the agreement(s) term. II. DESCRIPTION OF WORK The work shall consist of, but necessarily limited to, the removal and proper disposal of existing fencing and gates, submittal of fabricated industrial steel fencing design and/or vinyl -chloride chain -link fencing design to the City prior to installation, and the construction of fabricated industrial steel fencing and/or vinyl -chloride chain -link fencing at various locations on an as needed basis. Prior to installation, the contractor shall design and submit construction plans of requested industrial steel fencing and/or vinyl coated chain -link fencing including appurtenant footings, hardware, mountings, or connections required for compliance with Manufacturer's installation requirements and compliance with applicable building codes and City standards. A footing design stamped by a registered civil engineer will be required for each installation (sample Exhibit A). The proposed fencing must be fully functional, complete and ready with automated or manual entrance gates upon request, and the fencing must be comprised of all new equipment. All major components of which must be produced by established manufacturers and fabricated to meet the requirements of the City. Contractor is responsible for demolishing and disposal/recycling of all improvements, including but not limited to: foundations and footings, slabs, landscaping, fencing, walls trees and all miscellaneous to clear site and to perform work. Prior to submitting all on -call proposals, the Contractor shall visit the subject project site (including coordinating with the City for access inside the building) and obtain any necessary as-builts to define an appropriate scope of work. A. INDUSTRIAL STEEL FENCING Industrial Steel Fencing and Gate Materials The contractor shall provide all labor, materials, and appurtenances necessary for installation of "Aegis ll- Majestic Style" ornamental fence system or approved equal, as described below. The fabricated and welded steel gate system shall conform to Ameristar PassPort Commercial Ornamental design series Majestic 2-rail gates from configuration manufacturer by Ameristar Fence Products, Inc. in Tulsa, ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 18 City Council 16 — 13 4/18/2023 CITY OF SANTA ANA Oklahoma or approved equal. Doorking 9000, Lift Master, or approved ASTM compliant equal to be utilized as the gate actuator upon request. The color of the fence system shall be Black. Industrial steel fences and gates shall be constructed of the following materials or approved equal: ITEM MATERIAL SPECIFICATION Gate Welding All welding shall be shielded arc type and shall be performed by a certified welder. Continuous inspection is required of all field welding in accordance with C.B.0 Section 1704.3.1. Concrete Anchors — Stainless Steel SAE Type 316 Epoxy Adhesive Anchor Systems Concrete Anchors — Stainless Steel SAE Type 316 Expansion Bolt Systems Powder Actuated Steel AISI 1061 Fastening Systems Hardness 52-58 Rockwell C Galvanized ASTM B633 - 2.1 mil thickness - 1.30 ounce/ft Coating Fencing Tubular Steel Galvanized ASTM A1011 for material galvanized after forming ASTM A924 for material galvanized prior to forming Minimum yield strength 50 ksi Welding AWS D1.1 E70xx except E7024 rods or electrodes Electrode - shall not be used Steel Picket 14 gauge Dimensions 1" square 5" maximum on center Picket Retaining '/8" diameter Rods Picket Rail Provide PVC Grommets to seal openings Intersections Rail Dimensions 14 gauge 11/4" square Minimum of 3 rails Post Dimensions 12 gauge 4" square 8 foot nominal maximum span Applied Design Panels shall support 600 lb. load at midspan Load without permanent deformation. Gates Tubular Steel Fabricate of same material with same dimensions and design as fencing panels. Weld rail and upright intersections. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 19 City Council 16 — 14 4/18/2023 CITY OF SANTA ANA Automated Gate/Gate Galvanized Steel ASTM F2200 Actuator UL325 Compliant Rolling Gate and Gate Actuator including a steel v- track inset with a concrete track and concrete pad for the gate actuator. Passport Commercial Majestic Style industrial steel fencing or approved equal recommended for the horizontal slide gate. Doorking 9000 — 1 HP Actuator with Doorking 8054 Microplus RF receiver or UL 325 compliant approved equal recommended for the gate actuator. Wi-Fi capable and keypad entry to be provided upon request. Fire Access Box Knox Box or equivalent equal to be installed with actuated gate entry keypad. Gate Hardware Galvanized steel Install fabricated manual locking mechanism to the front face of the gate upon request. Fabricated lock should not interfere with closing of the gate. Gate Track/Wheels Chrome 4"-6" Chrome wheels to be utilized on inset wrought Wheels, SS iron or steel V-track flushed and inset Gate Track within concrete base. Galvanized Coating after Zinc 0.45 oz./ft2 minimum weight Forming 0.3 mil minimum thickness Galvanized Coating prior to Zinc ASTM A653 Forming 0.90 oz./ft2 minimum weight Coating designation G90 Powder Epoxy Coating Base Coat Zinc -rich epoxy powder coating 2.0-mil minimum thickness Gray Top Coat Polyester powder coat 2.0-mil minimum thickness Black Top Coat Adhesion > 90% per ASTM D3359 Method B Corrosion Performance resistance > 3500 hors per ASTM B117 & ASTM Requirements D1654 Impact resistance > 60 in-lbf per ASTM D2794 Weathering resistance > 1000 hrs per ASTM D822, D2244, and D523 Bolts (Anchor Bolts) High -Strength ASTM A325 or ASTM A 490 Carbon steel — With self-locking nuts or lock -washers and plain nuts Galvanized Washers — same material as nuts Zinc coating ASTM A153 - 2.1 mil thickness - 1.30 ounce/ft2 Bolts (Anchor Bolts) - Stainless Steel ASTM A193 Grade B8M bolts with ASTM A194 Grade Stainless Steel 8M nuts Alternate ASTM F593 Type 316 bolts with ASTM F594 Type 316 nuts Washers — same material as nuts Hardware — Steel including Steel Hardware ASTM A153 castings, rolled, pressed and forged articles Galvanized ASTM A123 - 3.4 mil thickness - 2.00 ounce/ft2 Coating ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 20 City Council 16 — 15 4/18/2023 (Z) CITY OF SANTA ANA Industrial Steel Fencing and Gate Finish The manufactured galvanized framework shall be subjected to subjected to PermaCoat thermal stratification coating process (high -temperature, in -line, multistage, multi -layer) including, as a minimum, a six -stage pretreatment/wash (with zinc phosphate), an electrostatic spray application of an epoxy base, and a separate electrostatic spray application of polyester finish. The stratification -coated framework shall be capable of meeting the performance requirements for each characteristic shown in the table below. QUALITY CHARACTERISTICS ASTM TEST METHOD PERFORMANCE REQUIREMENTS Adhesion (Retention of Coating) over 90% of test Adhesion D3359 — Method B area (Tape and knife test). Corrosion Resistance over 3,500 hours (Scribed per Corrosion Resistance B117 & D1654 D1654; failure mode is accumulation of 1/8" coating loss from scribe or medium #8 blisters). Impact Resistance over 60 inch lb. (Forward impact Impact Resistance D2794 using 0.625" ball). Weathering Resistance over 1,000 hours (Failure mode Weathering Resistance D822, D2244, is 60% loss of gloss or color variance of more D523 600 Method than 3 delta-E color units). Steel material forfence framework (i.e., tubular pickets, rails, and posts), when galvanized prior to forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield strength of 50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the requirements of ASTM A653/A653M with a minimum zinc coating weight of 0.90 oz./ft2 (276 g/m2), Coating Designation G-90. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after forming, shall conform to the requirements of ASTM Al011/1011M, with a minimum yield strength of 50,000 psi (344 MPa). The exterior shall hot -dip galvanized with a 0.45 oz./ft2 (138 g/m2) minimum zinc weight. The interior surface shall be coated with a minimum 81 % nominal zinc pigmented coating, 0.3 mils (0.0076mm) minimum thickness. Welds made after galvanizing shall be ground smooth and wire brushed to remove loose or burned zinc coating, after which cleaned areas shall be prepared and neatly coast with 50-50 solder. Repairs to abraded or damaged coating shall be done in similar fashion. All fencing material shall be painted prior to installation (color as specified by City) and receive touch up paint in the field upon installation completion. B. VINYL -COATED CHAIN -LINK FENCING Vinyl -Coated Chain -link Fencing and Gate Material ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 21 City Council 16 — 16 4/18/2023 CITY OF SANTA ANA Materials for vinyl -coated chain -link fence shall be as specified herein. Material shall be of the same color of vinyl coating. Privacy slates to be provided and manufactured from 97 percent recycled plastic. Gates to be schedule 40 galvanized steel with fork type latches or fabricated lock upon City's request and three 180-degree hinges per leaf. Doorking 9000 or approved ASTM compliant equal to be utilized as the gate actuator upon request. Painted finishes are not acceptable, and color for this job is the manufacturers standard bloack, brown, or approved upon request. Vinyl -coated chain -link fences and gates shall be constructed of the following materials: ITEM MATERIAL SPECIFICATION Posts and Section 80-4.01 A of CALTRANS Braces Fabric Section 80-4.01 B of CALTRANS Accessories Section 80-4.01 C of CALTRANS Gates Section 80-4.01 D of CALTRANS Line Posts SCH 40 galvanized steel 2.375-inch (59 mm) outside diameter, Schedule 40 galvanized steel pipe or galvanized "H" columns weighing not less than 2.7 lb./ft. (13.18 kg/m2). Corner and SCH 40 galvanized 2.875-inch (73 mm) outside diameter, Schedule 40 Terminal Posts steel galvanized steel pipe Gate Posts Galvanized Steel 3.500-inch (89 mm) diameter for man gates and 6.625- Pipe inch (168 mm) for vehicular gates Diameter for Galvanized Steel Gateposts to be galvanized steel pipe Vehicular Gates ITEM MATERIAL SPECIFICATION Top, Bottom, Galvanized Steel 1.660-inch (42.16 mm) outside diameter, plain end, and Brace Rail sleeve coupled galvanized steel pipe Gate Frame SCH 40 galvanized 1.9-inch (48.26 mm) outside diameter Schedule 40 steel galvanized steel pipe for fittings and truss rod fabrication Automated Galvanized Steel Rolling Gate and Gate Actuator including concrete track Gate/Gate with a stainless steel v-track inset and flushed to Actuator concrete pad. Doorking 9000 — 1 HP Actuator with Doorking 8054 Microplus RF receiver compliant approved equal recommended for the gate actuator. Wi-Fi capable and keypad entry to be provided upon request. Fire Access Box Knox Box or equivalent equal to be installed with actuated ate entry keypad. Gate Chrome Wheels, SS Gate 4"-6" Chrome wheels to be utilized on inset wrought Track/Wheels Track iron or SS type 216 V-track flushed and inset within concrete base Or cantilever set up with rubber wheels to be utilized upon request ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 22 City Council 16 — 17 4/18/2023 (9) CITY OF SANTA ANA Tension Bars Galvanized Steel 3/16 inches by 3/4-inch (4.76 mm by 20 mm) galvanized steel flat bars Caps Cast Steel or Malleable Sized to post dimension, set -screw retained Iron, Galvanized Fittings Galvanized Steel Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings shall be galvanized steel Extension Arms Cast Steel Cast steel, to accommodate 3 strands of barbed wire, single arm, 12-inches (305 mm) high (measured vertically) above the top edge of the fence fabric, sloped to 45 degrees Barbed Wire 12-AWG wire, 3 strands, 4 point barbs at 5-inches (127 mm) O.C., painted black (when required zinc -coated steel by City) with bonded vinyl coating Gate Hardware Galvanized Steel Fork type latch with gravity drop or fabricated locking mechanism upon request; center gate stop and drop rod; three 180-degree gate hinges per leaf Or install fabricated manual locking mechanism to the front face of the gate upon request; fabricated lock should not interfere with closing of the gate Privacy Slats 97% Post- Consumer Plastic fencing slats manufactured from 97 percent Recycled Plastic recycled plastic Vinyl -Coated Chain -link Fencing and Gate Finish Chain -link fence fabric shall be galvanized steel wire with a continuously bonded vinyl coating, with a finish size (i.e., size after coating) of 8 gauge, and shall comply with ASTM F 668. Fabric height shall be 8 feet (2.44 m) +/- 3/4 inch (20 mm), 6 feet (1.83 m) +/- 3/4 inch (20 mm), or suitable height depending upon City's request, with knuckled, selvage edges on the bottom and top. Mesh shall be vertically -woven diamond mesh, with a nominal distance of 2 inches (50 mm) between parallel wires. Galvanize surfaces shall be in accordance with ASTM A 123, with a coating of at least 1.20 oz./sq. ft. Accessories and components will have the same finish as fabric. The vinyl coating shall conform to FS RR-F-191/1C. Colors shall be stabilized, and shall have a light fastness to withstand a minimum Weather-O-Meter exposure of at least 1500 hours without deterioration when tested in accordance with ASTM D 1499. Specific gravity shall be between 1.26 and 1.30 in accordance with ASTM D 792. Hardness shall be A90 +/-5 in accordance with ASTM D 2240. Tensile strength shall be between 2600 and 3000 psi (17.94 MPa and 20.7 MPa) in accordance with ASTM D 412. Vinyl coating shall be exposure -resistant to dilute solutions of most common mineral acids, sea water, salts, and alkali. Vinyl coating shall be continuously bonded to the wire under 5000 psi (34.5 MPa) pressure before the wire is woven into fabric as seen in the table below. Coating Performance Requirements: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 23 City Council 16 — 18 4/18/2023 CITY OF SANTA ANA QUALITY CHARACTERISTICS ASTM TEST METHOD PERFORMANCE REQUIREMENTS Galvanized Surface A 123 Coating of at least 1.20 oz/sq. Hardness D 2240 A90+/-5 Strength D 412 Between 2600 and 3000 PSI Lene ering Resistance D2244 Weathering Resistance over 1,500 hours without deterioration Additional ASTM standards to be met in the design and construction of fencing and gates. • ASTM A392 Specification for zinc -coated steel chain link fence fabric • ASTM A491 Specification for aluminum -coated steel chain link fabric • ASTM A780 Standard practice for repair of damaged and uncoated areas of hot -dip galvanized coatings • ASTM A824 Specification for metallic -coated steel marcelled tension wire for use with chain link fence • ASTM F552 Standard terminology relating to chain link fencing • ASTM F567 Standard practice for installation of chain link fence • ASTM F626 Specification for fence fittings • ASTM F668 Specification for polymer coated chain link fence • ASTM F900 Specification for industrial and commercial swing gates • ASTM F934 Specification for standard colors for polymer -coated chain link • ASTM F1043 Specification for strength and protective coatings of metal industrial chain link fence framework • ASTM F1083 Specification for pipe, steel, hot -dipped zinc -coated (galvanized) welded, for fence structures • ASTM F1184 Specification for industrial and commercial horizontal slide gates • ASTM F1345 Specification for zinc-5 aluminum-mischmetal alloy -coated steel chain link fence fabric • ASTM F1664 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer - coated steel tension wire used with chain link fence • ASTM F1665 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer - coated steel barbed wire used with chain link fence • ASTM F2200 Specification for automated vehicular gate construction • ASTM F2780 Standard guide for design and construction of expanded metal security fences • CLFMI SFR2445, Security fence recommendations • CLFMI WLG2445, Chain link fence wind load guide for the selection of line post and line post spacing • Federal specification RR-F-191/3E fencing, wire and post, metal (chain -link fence posts, top rails and braces) • UL 325 door, drapery, gate, louver and window operators UL 325 door, drapery, gate, louver and window operators III. FENCING SYSTEM INSTALLATION & SUBMITTALS A. PREPARATION AND DESIGN SUBMITTAL: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 24 City Council 16 — 19 4/18/2023 CITY OF SANTA ANA Make field measurements needed before submitting fabricated industrial fence design or vinyl -coated chain- link fence design, shop drawings, or ordering. Make minor changes in dimensions and alignments as needed to avoid utilities or structural conflicts. Contractor shall specify and submit fabricated industrial fence design and/or vinyl -coated chain -link fence design including appurtenant footings, hardware, mountings, connections, gate design and setup required for compliance with Manufacturer's installation requirements and compliance with applicable building codes and City standards. Contractor shall submit shop drawings to the engineer for approval prior to fabrication and installation. B. DEMOLITION: Pre-existing fencing to be removed, and shall be properly disposed of off -site by the Contractor at Contractor's expense. Any existing fence indicated to remain and which have been damaged by the Contractor shall be replaced by Contractor at Contractor's expense. All earth, trees, brush and other obstructions which interfere with the proper construction of fences shall be removed and properly disposed of off -site by the Contractor. C. INDUSTRIAL STEEL FENCING INSTALLATION STANDARDS: Industrial steel fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as -needed basis. The following installation standards shall be followed: 1. Manufacturer's installation and warranty requirement 2. Applicable OSHA and Cal OSHA regulations 3. Applicable building and fire code requirements 4. City codes Refer variances between above documents and Contract Documents to Owner's Representative. Install fencing and gates according to Manufacturer's installation and warranty requirements. Contractor shall contact dig alert before installation. Install fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved industrial steel fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in the industrial steel fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout. Permanent connections shall be continuously welded not bolted along entire area of contact. All gate welding made in the field shall be ground smooth and wire brushed to remove loose metal. All welding shall be shielded arc type and shall be performed by certified welders. Continuous inspection is required of all field welding in accordance with C.B.C. Section 1704.3.1. Joints in fencing and gates shall have a close ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 25 City Council 16 — 20 4/18/2023 CITY OF SANTA ANA fit with corner joints coped or mitered and in true alignment. Built-up parts shall be free of warp. Exposed ends and edges of metal shall be slightly rounded. Fastenings shall be concealed whenever possible. Post Spacing Requirements: Span 6' Nominal (71-3/8" Rail) 8' Nominal (91-1/4" Rail) Post Size 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" Bracket Type Standard (BB301) ngle (BB304) Standard (BB301) Angle (BB304) Post Settings ±'/z O.C. 75" 75-1/2" 76-1/2" 177 94-1/2" 95" 9611 96-1/2" Gate posts shall be set in accordance with the spacing shown in the submitted fencing design plans. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre- installed steel V-track inset and flushed to a concrete base that traverses the gate opening. Roller guides shall be affixed to the gate posts at a height even with the gate top rail to hold the gate in a vertical position. Gate stops shall be welded to the end of the gate or track so gate cannot pass rollers in either direction. Upon request, a fabricated manual lock shall be installed on the face of the gate. The fabricated lock's placement should not interfere with the closing of the gate. A Wi-Fi capable entry keypad and buried loop detectors to be provided for gate entry upon request. A Knox Box or approved equal fire access box shall be installed alongside the keypad entry. VINYL -COATED CHAIN -LINK FENCING INSTALLATION STANDARDS: Vinyl -coated chain -link fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as -needed basis. The following installation standards shall be followed: 1. Manufacturer's installation and warranty requirements 2. Applicable OSHA and Cal OSHA regulations 3. Applicable building and fire code requirements 4. City Codes Refer variances between above documents and Contract Documents to Owner's Representative. Install fencing and gates according to Manufacturer's installation and warranty requirements. Contractor shall contact dig alert before installation. Install vinyl -coated chain -link fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved chain -link fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in vinyl - coated chain -link fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 26 City Council 16 — 21 4/18/2023 CITY OF SANTA ANA undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout. Install security fence of 8-foot (2.45 m), 6-foot, or recommended fabric height with 1-foot (0.9 m) barbed extension on support arms when requested. Space line posts at intervals not exceeding 10 feet (3 m). Provide top rail through line -post tops and splice with 7-inch (178 mm) long rail sleeves. Brace each gate and corner post back to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and gate posts. Install center and bottom brace rail on corner and gate leaves. Stretch fabric between terminal posts or at intervals of 100 feet (30.5 m) maximum, whichever is less. Position bottom of fabric to no more than 2 inches (50 mm) above concrete or asphalt grade and touching dirt finish grade. Fasten fabric to top rail, line posts, braces, and bottom tension wire with 11-AWG galvanized wire ties 24 inches (610 mm) maximum on centers. Attach fabric to end, corner, and gateposts with tension bars and tension bar clips. Install bottom rail supported at each line and terminal post in such a manner that a continuous brace between posts is formed. Install gates with fabric and barbed wire overhang to match fence upon request. Install three hinges per leaf, latch, catches, drop bolt, foot bolts and sockets. In place of a latch, install a fabricated manual lock shall be installed on the face of the gate upon City's request. The fabricated lock's placement should not interfere with the closing of the gate. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre -installed steel V-track inset and flushed to a concrete base that traverses the gate opening. D. QUALITY ASSURANCE: The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. E. CONSTRUCTION WASTE MANAGEMENT: The contractor shall clean the jobsite of excess materials; post -hole excavations shall be scattered uniformly away from posts. Before concrete pours, designate locations or uses for excess concrete and a location for clean out water from concrete trucks. Designated locations shall meet environmental standards and conform with Section 7-1.01 of CALTRANS. F. DELIVERY, STORAGE, AND HANDLING: Upon receipt at thejob site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft. Manufacturer's instruction and warranty requirements for delivery, storage and handling of fencing materials shall be strictly followed. G. SUBMITTAL: The manufacturer's literature shall be submitted prior to installation. Submit the following shop drawings and product data: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 27 City Council 16 — 22 4/18/2023 (z) CITY OF SANTA ANA a. Include accessories, fittings, hardware, anchorages, and schedule of components. b. Manufacturer's installation instructions. Furnish the following submittals: SUBMITTAL DESCRIPTION Fencing Design Including appurtenant footings, hardware, mountings, connections, gate design and setup. Shop Drawings Required for fabricated items such industrial steel or vinyl -coated chain -link fencing and gates. Schematic Drawing Depicting dimensions and system configuration, footings, gate design, etc. Required for all sites. Catalog Data Required for all manufactured products per catalog data requirements. Warranty Furnish one-year warranty from date of final acceptance. H. PAYMENT: Payment for fencing and gate installation shall be paid at the contract unit prices listed on the Cost Proposal Form. Such payment will be considered full compensation for furnishing all design, labor, materials, tools and equipment and doing all work, including grading, necessary to install complete and in place for the projects upon request and specified herein. I. SYSTEMS WARRANTY: Vendor shall submit, in detail, a description of any warranty, or equipment replacement, equipment loaner program included in bidder's offer. The manufacturer's warranty shall be for a minimum of ten (10) years. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 28 City Council 16 — 23 4/18/2023 EXHIBIT B City Council 16 — 24 4/18/2023 C17Y OF SANTA ANA beirLj requested as specftd therein. I undefstand and agree &hat k am r+spoaiAble For reporting any errors_ omimiorcs -or dis+eropanck�s to +jna Gity fo; darificzffion prior to Mha subm lon of my p - e propo"k - Prtoe rrw.st be ku:jumjive of all cumcumm. a during but nd Omdted to, dlredt and undlr@C vow kw tor, Ov ri d- k�ci� supplie% vavol. nail a, and ftel- Arty spe dE]l rnaLef�ls Wll be by the Owhm&ur only Wtar discusEad and @LMor1z&d by tha W pmjeCts Manager or desigrHee In va#mq. Now: Items 4Lmnand provided for caWAng O rrp' t&v+e prime Iltem Nuantldes mury wry from the fmaa foefd qu�bles- FN4 IDNDEQ ICE pfqCg — 1 _ FUML% r and lfistg &FWL FIIgh lndWWal St -el 1,000 LF 22_ Fumish and ImAa1M moot High Industrial Steol 1.13W LF $15 dmish and Wstall�Rgh, 2¢fmrxtwide � 3. Industrial 2 E-A StssG IMarwal gate clLal or sGr F��rni$h and k,lalf 6- Foot 0-fo4[ wide,+ 4. LrItrl li 2 EA Stall M[wnua] Cafe dual or mngie mm $9 Gr sly 5. IFumirh and Ir>stEdl moot High. FDOLwida IndustrW Slsel AVLamBUG ORtA Wak OT ia5 single WmeLq or sMdle) VVFU L ActuE�W. deteuWr 2 FA loopy ertid keypad Fi I d neclrr ty arrd buWn entry) Famish arnd Install feat High, Feat Y-id$ _ lndustria9 Steal Aopma6c GaU (dLo; -Dr singke s &vq �r siidle) W3th AdtuuW. de-ec€or 2 EA Iciops and kid (Wi-F71 oonnegmy and buann en") urnish and Instaill�oiat igh VIFTYW-vatBd 7• Chaff-Ilrkk 1,DDO LF F�ric! Fumi ar'j anal zat�lrnl I-B. Chairr4iek 1 .WO Lsr Fencing Furnish ar+d l %s all &-Fi"t H Igh, 2OL-FOat WrdO $_ Vnyl- Coated C17, mAirkk ktarwual Gates (duet of �{ ' sirrgie � � 2 Eik Fs ummi!ih -and IrmLaill 6-Fool Righ, Fopt Wilte 1 ❑_ Vinyl. Coaled Chaln4imk Iilk nWd GatO (dual OF D Bi4a ar F slldie .� � Famish and Install &-Foot High, 24-Foo4 wido 1i. VinyL-Coated Ch&M-link Aubontatic G5111)9 (ducal or Salgae vAnG or dWo)1i dh Actugbw- 2 EA o-F oomactitirit + qr,d bu� $ (pis. C)OO, S�� �-7 0 j-70 its 9 I� 3E City Council 16 — 25 4/18/2023 1CITY OF SAM-CA AM �Fumish and Insfall f-Foot High, 20-FD& wine 2. Vmyl- Goamd Chain-Ilnk ,4e topr6a le- Cate (dual -or single swing cr sfide} With Actjator, 2 EA ' } deledRx loops and keypad - i-Fi cor~nec#ivAyat%d button erl+y) - 1 13- Barbedwim 1,000 LF 14. ExIslarg rencAng Dernol6m 501F �� � _ S (D T-atW 1-i4 i I PROPOSER'S STATEWNT: I have read, understand arrd agree 10 the terms and condifignt, an all pagrfs of the REquest for PrOPasals. Upon (OqU88L I wife transfer and 0-!�Ilvar goods or service's t;� tho F;,RY ir. accardanae with said tens arnd candi6ww ? k,�n e, wk) -7 4-10- 05 9 LEGAL NAME OF COMPMY aHD FAX NUMBERS %va, A a, C-A . St P - 1 1-7 2- BUSINESS AMRE.SE PRJT+ITED NAME 4F AUTHORIZED AGENT T FFLE $�GNUTU OFOF ALF MCIi ZM AGFTff DATE — 1 FEDERAL I D NU MSSF, (LF APPU BLF) \ 0c)oo 145 7 € rR RE I STRATION NU MS;-: R E-MALL ADDR W a (kFAP'PLIDASLE) to =NSE NUMBE TKlS FO M kAUST RE CoMpLFTM AND INCLUDE THE pD AL. ATTACJf [ lEK-1 13 FIFE€ ENCE8 1�1- MA% Lyo -0 pRopoSALS THAT Do N0T cap TAIN THIS FDRU ML L 8E NSIDERED KONRESPONfI'VE. - J Lim and dercribe frtfly the rQn[racts pursed by yoo flnrt vvhach darnoi mb aRe your abRgY t0pde the supplies. equipmem of senrk�@& includesd Ln the %cape of �ha propu"L specific. $. A 1, pddNanal aaa�G fF r aulre T'ho Styr rejj ' r. ttee rtgha io €cavta(t each c9 the rwces listed for addibonat krk3rmaticm regardrtq Your firm's quoffli--afions. REFERIE14C C,{% , <—Was 4 KTWA seq., 4'%. e Customer N��= t nut 1 uaL OVV-CALL 1N5TAL1-A Don. Ao WEMWGE ANn REPAIR 14 FENUN43 AND 13A TES ;W o City Council 16 - 26 4/18/2023 CJTY OF SANTA ANA C Phone N,amber -1 x ) 7 --k S - 711EMAIL_ S��q J D' Comb a Amount V VJ% fir= •wry ` .; C i fiorr of 5upOlm equipment_ or serA� provided; Gca mr Name:-r� Aness:i . .+ Phone Number. -7 � y C ortitrac# T1 1! Cz nAvwx 2-0 V - Description of suppler. aqu3Pment, or services provided: REFEREbI ,rti; wk ' -D n LCL7 -dsiduCu t n l IrIrsss� Vs {= r'_Phone Number -7 l 12) �tCOLS � t Amount:_ ear DE9= p4iion c�. 5v pl,les, equipment, or wxvbGW pr ded= f`M. 'te a-. t c ' ; - THIS F5R5ll MkjST BE CG'tVFP1 n Am) LP&IODED E -PRONOWL- AT7ACHMF-1'4T C PROPOSER'S STATEMEN'i• pRopOSALS THAT Do NOT CONTArN TFEIS FORM MLL EE COKLM£RED POONRESP0NSEE-Pfopaser — fi nds and ogres kt1at tn�,. written RF!p (oF and+ ?art thoreof apWri aih} de5sg-1;3tGd ano aumptad by tte City of Santl Ana herenafheY CLW) Shall [�qngtltute t -te error agrej--menL hetweerti propOS" armJ the City only after it has been awc 3ptad by Itso CL%f Cotmal, W%dorE ed by the Cleric of tha ncik wr th her signature and offiuW DAjrg h��a+n the admen �f appTv�r� of the u�, signed b}� !h� Ex&mrbve ak+acvx or his Elul} autJ orizAd agerrt, and steed by the CIty Atorney, dencting HT. appFaval cf the form cf this d,owment. and its ex tion, and when it or are enact mpy el it h.5 b&An e&er delivarad t-D pfnpomr or City Council 16-27 4/18/2023 �1 OF SANTA ANA depcsitsd wiEl the Un ted pagal SeMce properly addressed to the prqpc7sor wt, thQ oorrect pQstage affixed thareto- ppowr fi YLhi2r gees that upon deli (as defir+e, above) of " a Abed a$teen�L t L,e'sK& %4I furn6wl`L City an required bonds and owifficate of 1i$bIILty insLwmm w&hiirt ten (101 days (exduding $eturiJays, Sundays and Cites Igal holid ), or the funds, rt�`e<jc. draft. Pr prop s tend substitulad In lieu Herod 2K=mpanying his pavposal sttie become the propertti+ of the City end shad be ax%sLdered on +payr:terk Of darnaages due to &a delay ar,d air Oause5 Sufr -ed by City bLL:ke of thn failure to iamksh the rwKassary bands and bewLma it is diBti } agreed ti A the pruo� 9� damages lq+ suffered hY City is &Pl UNt ID arscorlain: othjaxwise mid funds, check draf,.s- or prof rs bid 5ubstthlttJ in rkM th =AIL be retuMad to the undmrsigned. Proposer undersitands that s proposal is resin for the erdra w rk, 'that the ostimaEW quantibes Sit fflr-tli in the RFp edule are salety forttie purpose of c;orr+Fwing propos4s. and that final compunnalion under this oxmaet YdI be based uqn tine actual gLLwi ties of work satisfactonly mrnMeted- All tems coptain d it tha sp$c�rjcoUnr3s, the cer#ficatk3n of n4n&wmrnir by coptm tt and tha required insurance certil1=tms are tg b& 1necrp•xsted by referenc8 Into this a9mament and ate made .spectFi-,3Fty0$ Fart cf this RP!P. F� 'A _ - Signed and minted Name: KI _ i i rmkS FORM MysT EE royPLE_MCk AND INCLfJD Y4 " THE PROPOSAL ATTACHMENT D NoN -,QLLUSION AFFiDAV T RC),pALS THAT Do NOT C,QWALM T pS FORM WFLL BE CONSIDERED ti rFl;a 23 Uni'ted Stalss CoDde `eotiori 112 and Publiic CPqVaGZ Code SOCtion 71 � To the CfTY OF SANTA ANA I n a3 acdance with Tibe 23 Unt�d Slates C�a 5ectian 112 arLd Public Contract Onda 7 :08 Rhe proposer deGlaras that the proposal ir, riot made in the intent 6f. or on behalf of. any undisclosed person, partnership. oomwny, associati�n, organi tinn, or c rp mf an-, the Mo properi+al it genuine and not catilusiva r5r sham; 1hot the propQw has not -i�iracdy or indlmady Induces or solic#ed any aUmT prOPOsA�Ir o!'a-CALL fmSTALLi77oN- r1fAj&r; EMANCEAND REPAIR FOR FENC1 AND GATES: �9 City Council 16 — 28 4/18/2023 CITY OF SAN7A ANA to put inn a false or share~ propusai, and has not dirediy or irldlnaWODlluded, Wrssplred, oonntved or agreed wvtti any proposar or anyone else W pLa In a shank prop000l, or than anyone ;Nhau refraln from bidding; that the proposer has not in arry manr,or, deactly er indinui;llyr sought by agreamAnt, Gommunlog§3n, or conte enw with anyone to fr: the pmpmal price oFthe proposer or any prop , or to fix any overhGad, prrf�t. or ccnit elsmarR of the proposal prim, -or if that of any athor proposer, or to s&Wm any aj;jwzjntaQ4 against the public y award -mg tie owUVO of anyone 5ntere5led In the propnsed contract; that all Dtaternants mritained in Vie piroparal are true; and, 15�rtiner, that the prep lies rmA, dirwkly air Indirecdy, submitted his or her pruposall pry or any breakdawrt theraaf, or the aonterAs tiered, or-dlvulgod information or date NAa&io thereto, oT paid, and will not pay, any flee t0 any mrporadan, partnership, company assiHnniadon, orga:itzation, bid dapositcgy, ar to any member or agent thereof Co nfFectuate a oo1lus�ve or sham pmpasal. The above non-col:uslon affidavit is part of tho proposal. Signing this proposal ork the tii! r atuft- portion thereio4 shall also Cx5nrtftLAe sigrwiture of thin rbrwc6iluskm ffffidavit. Preiposerswe GaL!M¢nEd'hat mnkinq a �tse cert�ficatiwn unay 8uNarA the aeriifier to admir Al prosewbon. SignOd &."- . State of gA County luT Oraage SubseTimbed and sw•ckm to (or afFim 'q before me cm this 1 L day of March .2a 23 , by Heidi fl un to r = proved tc� me on the basis of satisfactory evidenea to be the perepnN) wrpoappeared before me - Pubes $IgnaWre a rwl[n � .� NoGx+� per#[ - r�llfar+f4 Of�r Co��ky aw CDMe-.. 4■WW A# 22, W26 Nctary Ps.lhFie Seal THS IZM'MUST BE C4OMP AND INCLUDED 714E PROP ATTACHMENT E NON-41-013$YIN E R TI RGATICIN PROPOSALS. THAT D4 NOT CONTAIN TF3'S FoRm VALL BS CONSIDERED N RES NSRfr-- That. pmspec�jye p dpiporit cmrffics, by signing end subrriking this bid 4r proposal, to the best of his -or her knuw10dQG and belief, that (1 � No Federat epproprlaked fluids have tx�L&a pall or *11 toe paio, 3y or an bel-taU of the uriderslgned, to any person kw innuaridrg or aaempting U influr-rim an cffimr w omployee cy, any FeOg�ral a"ncy_ a Member of CwLorass. ar} afficererempl +ea -of Congress, or an arnpbyee of -a Nvenber of Ccxff�gress Jr. connect on wdh tfie awardOq of any Federal ion the mak of any FeLdera- gram the rnakinti of a€ny Federal ;oDn, the entering into of any moperzfhm agreernen� and the a)tension, continuation, renewal, amendrnw t, or modTicaiion of any Federal wrrtraa, grant, loan, or ocaparative agreem0nt- cvvCALL ?HqTALLA TION, WA T ENANCE AMD REPWR FOR FFN NG RNO IaAIES 4:0 City Council 16 — 29 4/18/2023 CITY OF SANTA AN A (2) If any f5mids ones khan Federal appmp;riaLad funds harm Icon paid o; wlll be Paid tc arkY Peron for inf a mirg or atWmMir,q to influence an officer cyr arnplogea of arhY Federal alter r, E� Member of ngresa, E30 Officer W *]YOe -9f COrraress, Or art &MP'CYW of a Member & -Congrwss iR mnnection wl#it th s Federal contract, gram Ioan, -or caopeative agfaerrer~t, the undesionad shalt wmplete and !wbenit S�andard Form-LLL, 'afsdosure Of 1-013 "!3 Ac vitie:s." in mangy wrth its Wi�tWcticrs- ThM oartll%o timn t9e material WM6n tation aF#8e# upon which c0113:10e waa plate when Ltlis transacfiw was made #r antered in tO. -Submission Of this r:ertxP'WdOn is a proNxI isite for making or ertlering into This transaetbn Imposed by Section 1352. TLG& 31. U-$� Code. Any Parson w5he ails tGfile the regtjb-ed motion shall be subiect to a civi penalty of net lem than S10,WC) and not rrt-or� than $h ,000 f(x each such failure- ThE; perxspeck" paracipant 0160 agrees by eubcnitting hi6 or her bid or prlopDsal that he a,r r-hia shall require Ihat the karQuep of this uerOftadon be inOmjod in $I' lower tier s+abcantractS, Wt icth eX d $100, and chat ail su&. Gubradpienbri. I cerlffy and disdese a r IirWy. Igned. 4-6.9&t• — THIS gE cohIPLETED A'NU INCL UDEQ +M1I1-rH THE.FROPGSAi� ATTACHMENT F NON-D16 R1MLNA110N CERTIFICATION RFt0 LS 11-IAT Do f40T WNTAjN THM FORM VOLL BE CONSIDERED NONRESPONSWE, rhq urtjersjgrK-d consultant or corpiorate 61Tlcer. during the PerFvrr,arrce crP' fWi carbtra3�. -Qbrdfl0s as TDBD 1. The-CunsuEtant ill not diiscriminata against arty mrrrpioy+ee cr applicant for ernploymnnt because of race, calm-, rollgion, aex� or --rational vdgin. The CQrrsultantshall take affirmeava actiorl to ensure that $p+ptlmrrts are �d , and that em p"mas are b a d during �tient Wt hout_ re Ord to lfheer race, Dntx, reIJVkM. Sex, OF T'*tSaahel origin- Such adtion shall irr kido, bc.d nut be limited te, the folt ng: $mplaPymenr, upgrading, eammation. or tram ruc uttmerrt ar racruftm.en! advertising; layoff or bauyinat n; rates a pay or other forms of cornpansation; andgelecbun for training: indfudin g apprimticesh4p, The CorssuUnk ag;,ees to post in cohspir--jous plam�s, available to omployear. and applicants for amployfrr 111, fK009& tcP to prOvkJod setfirg forth the provisk)rrs of tbia ciinndiscreminadon -Clause. jNS ALLAT OM U.-U a.5NANcEA.ND R.Ep+uR Fes$ FENCING AND GA TL A 1 City Council 16 — 30 4/18/2023 (D CITY OF 5ANTA ANA 2, Tha Consultant sS,al+.. In al; ao5cita5un or advertisernantsfcx SmPloyeem. placed by or on behalf of the C stotant. stake tkiat all. qura]ffied applicants Val ra et a considaratiDn for amplewent wirtl-KHA rehgard to race, oD$or, relegiaa, max, ar national crigirt. 3. Ttie {-anwiatanl sfh*dl send to .n labor u iiorF or rapreS+MWtjVe of WCH*8rs with y,N h ha rghe has e 0311&CqFa bar ajrft agreement ar okl`w coenct or undaratar�dirtg, a RwtiW da be prcMdW thio said labor union or workers' repn�5entotivas cwf the nuliant's corruriftmanIs urrlder this WflOn, and .9halk pad copies aF the nn&s in oarkspimiwa. pLiKmas avail:91010 to ermio 96 and appgr for afflooYmer-A. 4. The resultant shall comply wfll'i all proviso of bvF 0rd�r 112-06 of �mf�ar 24. rt . and of the rules, regulations, and redavant orders of 1114 SOCTetary o! Isar. 55. Tho Oorrsultant I fumisfr all it f0nTMtiiOri and r iF$ raqulred ter fxaCudVe Omer 11246 Of . pmMr 24, 1965, Und 111 miles, regulaUWM and oRk-rs 4: tlla Secralai y or Labor, or purwAnt that*, am wol permit vomsa to -tw%r her kK*S, r rds. and accounts by the administerring agency+ and the Secmtary of Labor for Burp of roves br1, tO a9certatn 00r"ance 3rrith EWCh rules, regulatiorts., arod ors. t. In the ewl of the OonsulWjfs narKcDm0anc* with the norrdisairrinatiori clauvw of this rorhtr;at# Or with any of the said rules, regulatlonsi, or orders, the contract may Ing ei@neE!leJ, tErminated, or 5usperwk�d in w�ho4e of In pert and the C.d ou arrt m;ay t�e dadared ineligible for fun her Gu wernmant aarytracft or federally Wwlstf•d oer*tructiCn rmntscts fn aawrdance wiL h pro.E-ddres muthart� In Ex uwwrn Order 1I of September 24, 1955, arch s&wh rAhar sanctian:u may be imposed Bawd remedy invoked as pr�rMed In ExeGuOva Order 11246 of Sept mbiar ?A_ 19165, or by Tula, regaRetiom& or order ofte ry of Labor. or as udherwisa pry by law- 2- The Ccnsutkant shhall include t w portion of the wnt a 9mmed y prae�rsding par4�raph (11 and t#l-�i pruwisi ms of paragraphs (1) through M In every subs or puree order urdess OYAnIpLed by rum. ragulatiarts, or orbs of the .de�ry of Labor issued pursuant to Safi 204 of F)wGutive Order 11248 of September;K 1965. so tt:5t zu4h prowyskwL% will 4a bindohg upor7 aacJ:h suboaTAr-Ut �w ptwnhasa orckw as tl o admEnistering eney may dir�ut ns rr+earss of -�irrfarcin0 such pKy-tslofrs. FrWAUdI1ng &wXf0w for wrm=mp mnoe; provided, however, U= In the eweret tlho C flsuftard 112000MRS involved WL. er Is thmaiteupd wW litigation wO a sLdiimnsulmnk cx v&r dor as a re a.rflt & such dt]on by the adrrrfiin4tw1n9 agency, the tam may r>jost ;that the unAiRo Stele% ianrar mt+ ouch lWqatlon to pTutad Lha Interests of tho Unitad Sues, 3_ Flarsuard to �rforriia Later Code Secfiiari f 7M, as added b� Chapter 54,3 Ste. 1939. end as amended, no dieMmInation shall be rriam:la irn the eFTjAW,4affnt of perWAS upon public works Because of ram, rej+gious onmd, a:lar. national ugigtn, ammsby. physir-al hancicoM marital ccr,d , marital status, or sax of such persons_ ex t cs pro vkW in SecOM 1420. and arid+ consultant of pubttc w+oriCs viola" ft& SeCfGn is Wbpa& to all the p ales &4XXMd FW a vlo4a5ah of the Chapter. A Fam:r+�. Ch y- f� lfJS� i t WTEI�iJl�i',,lr AND REFAIR P�q' F r b TES 42 City Council 16 — 31 4/18/2023 C I TY OF SANTA ANA Data, THIS FO 3m must EE COMPLETES AND df CLUDED YYrrK THF- PFROPO PIROPosALS THAT Do NoT CoiT AiN TH S FORM WILL BE OONSMER€D NONRr=SP0MSfVF- ❑iN-CAr r INSTA L A 770N, MAINTENANCE AND REPAR FOR FFNGING ArVV GATES City Council 16 — 32 4/18/2023 � A�� Z167 fYw®yrzLp OFj ® ¥-«� � ■ �� ¥$r7emC/- - ,_ 1, wr;� cfl 5e= Sams roundaWn Off| � � 'V It � 7�¥ � �k City Council 18 - 33 448/2023 maple FWgNFIg arrdi GWas !A 7- rLr 11 A' S>' JK ■f li 4 }4 19r PA---'L � � � , I F I - d!M 14 O5 RaLL -,UC rt1a 13 r- Sq PnI. ;W -RL L.0 Cie L-FA r L ■1 I s 3 � 31 S T�i 9 L'OS- F9Cl 11L L SafX SiY+Ti7K W HOU-GHz IRCH FSPION Lqk t.ri-14k ,llsem w 51—r4{ F :VF w1m OCT+rLr lamm-IrLiX.0� +X�1� YF�rf ■' �� 1 � rlidb ��- •cLS]k� .i�wdG 1I iliM ri�NS 1 lS I %a 4- -4 G R—K te — - SW eru.e 55 V.� �. $q PaGT , - - 01.Li rML.EPE}i. MIA r■IrY.l.y {■JO tar {l`xp dr 2F iq fl irTti 7+ Go .P.L- ,r�r, n■r fi � � w ■ I LJ } I 9.'04 L4I ' CCY�W LC GIt DOLT c2SR rv4ji10Ls �I a'F.a r row s. 0' WRRUGFFT IRON GATE City Council 16 — 34 4/18/2023 AGREEMENT WITH J & A ENGINEERING CORPORATION TO PROVIDE ON -CALL INSTALLATION, MAINTENANCE AND REPAIR SERVICES FOR FENCING AND GATES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of April, 2023 by and between J & A Engineering Corporation, 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 February 15, 2023, the City issued a Request for Proposal ("RFP") No. 23-012, by which it desired to retain a contractor having special skill and knowledge in the field of installation, maintenance and repair services for fencing and gates on an "on -call" basis 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 such services described in the scope of work that was included in RFP No. 23-012. 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 On an on -call 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. 23-012, 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 three (3) contractors selected to provide installation, maintenance and repair services for fencing and gates on an on -call basis under RFP 23-012. The total compensation for these services provided by all such contractors selected under RFP 23-012 shall not exceed the shared aggregate amount of Three Million Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper Page 1 of 9 City Council 16 — 35 4/18/2023 invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 18, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-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 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 Page 2 of 9 City Council 16 — 36 4/18/2023 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. 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. Minimum Scope and Limit of Insurance (1) 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 aggregatelimit 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. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) 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. (4) Broader Coverage: if the Contractor 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 limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance 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 Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, 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). Page 3 of 9 City Council 16 — 37 4/18/2023 (2) Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage 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 the Contractor'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: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof 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 Contractor 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: If any of the required policies provide claims -made coverage: The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. 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 Contractor must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. (8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby Page 4 of 9 City Council 16 — 38 4/18/2023 this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor'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. (9) Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 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. Page 5 of 9 City Council 16 — 39 4/18/2023 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 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 Contractor 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. 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, Page 6 of 9 City Council 16 — 40 4/18/2023 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. 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 that 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 that 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. 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, Page 7 of 9 City Council 16 — 41 4/18/2023 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. 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: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Page 8 of 9 City Council 16 — 42 4/18/2023 To Contractor: J & A Engineering Corporation Attn: Miguel Miranda, Owner 824 N. Todd Avenue Azusa, CA 91702-2228 A party may change its address by giving notice in writing to the other parry. 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: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Miguel Miranda Owner Page 9 of 9 City Council 16 — 43 4/18/2023 EXHIBIT A City Council 16 — 44 4/18/2023 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES I. INTRODUCTION AND BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Fencing and Gate Contractor(s) to provide Perimeter Security Fencing and Gates which include labor, materials and equipment to install new chain link fencing, new security ornamental iron fencing, swinging and motorized chain link and iron gates and/or the removal of existing fencing, maintenance and repair of existing fencing and gate systems throughout the City of Santa Ana on an as -needed basis. It is the City's intent to select one or more firms to enter into an agreement(s). The total fencing and gate services needed for On -call service agreement(s) is valued at approximately $3,000,000. The total amount to be expended shall be shared among all contractors selected for award to provide these services for th entirety of the agreement(s) term. II. DESCRIPTION OF WORK The work shall consist of, but necessarily limited to, the removal and proper disposal of existing fencing and gates, submittal of fabricated industrial steel fencing design and/or vinyl -chloride chain -link fencing design to the City prior to installation, and the construction of fabricated industrial steel fencing and/or vinyl -chloride chain -link fencing at various locations on an as needed basis. Prior to installation, the contractor shall design and submit construction plans of requested industrial steel fencing and/or vinyl coated chain -link fencing including appurtenant footings, hardware, mountings, or connections required for compliance with Manufacturer's installation requirements and compliance with applicable building codes and City standards. A footing design stamped by a registered civil engineer will be required for each installation (sample Exhibit A). The proposed fencing must be fully functional, complete and ready with automated or manual entrance gates upon request, and the fencing must be comprised of all new equipment. All major components of which must be produced by established manufacturers and fabricated to meet the requirements of the City. Contractor is responsible for demolishing and disposal/recycling of all improvements, including but not limited to: foundations and footings, slabs, landscaping, fencing, walls trees and all miscellaneous to clear site and to perform work. Prior to submitting all on -call proposals, the Contractor shall visit the subject project site (including coordinating with the City for access inside the building) and obtain any necessary as-builts to define an appropriate scope of work. A. INDUSTRIAL STEEL FENCING Industrial Steel Fencing and Gate Materials The contractor shall provide all labor, materials, and appurtenances necessary for installation of "Aegis ll- Majestic Style" ornamental fence system or approved equal, as described below. The fabricated and welded steel gate system shall conform to Ameristar PassPort Commercial Ornamental design series Majestic 2-rail gates from configuration manufacturer by Ameristar Fence Products, Inc. in Tulsa, ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 18 City Council 16 — 45 4/18/2023 CITY OF SANTA ANA Oklahoma or approved equal. Doorking 9000, Lift Master, or approved ASTM compliant equal to be utilized as the gate actuator upon request. The color of the fence system shall be Black. Industrial steel fences and gates shall be constructed of the following materials or approved equal: ITEM MATERIAL SPECIFICATION Gate Welding All welding shall be shielded arc type and shall be performed by a certified welder. Continuous inspection is required of all field welding in accordance with C.B.0 Section 1704.3.1. Concrete Anchors — Stainless Steel SAE Type 316 Epoxy Adhesive Anchor Systems Concrete Anchors — Stainless Steel SAE Type 316 Expansion Bolt Systems Powder Actuated Steel AISI 1061 Fastening Systems Hardness 52-58 Rockwell C Galvanized ASTM B633 - 2.1 mil thickness - 1.30 ounce/ft Coating Fencing Tubular Steel Galvanized ASTM A1011 for material galvanized after forming ASTM A924 for material galvanized prior to forming Minimum yield strength 50 ksi Welding AWS D1.1 E70xx except E7024 rods or electrodes Electrode - shall not be used Steel Picket 14 gauge Dimensions 1" square 5" maximum on center Picket Retaining '/8" diameter Rods Picket Rail Provide PVC Grommets to seal openings Intersections Rail Dimensions 14 gauge 11/4" square Minimum of 3 rails Post Dimensions 12 gauge 4" square 8 foot nominal maximum span Applied Design Panels shall support 600 lb. load at midspan Load without permanent deformation. Gates Tubular Steel Fabricate of same material with same dimensions and design as fencing panels. Weld rail and upright intersections. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 19 City Council 16 — 46 4/18/2023 CITY OF SANTA ANA Automated Gate/Gate Galvanized Steel ASTM F2200 Actuator UL325 Compliant Rolling Gate and Gate Actuator including a steel v- track inset with a concrete track and concrete pad for the gate actuator. Passport Commercial Majestic Style industrial steel fencing or approved equal recommended for the horizontal slide gate. Doorking 9000 — 1 HP Actuator with Doorking 8054 Microplus RF receiver or UL 325 compliant approved equal recommended for the gate actuator. Wi-Fi capable and keypad entry to be provided upon request. Fire Access Box Knox Box or equivalent equal to be installed with actuated gate entry keypad. Gate Hardware Galvanized steel Install fabricated manual locking mechanism to the front face of the gate upon request. Fabricated lock should not interfere with closing of the gate. Gate Track/Wheels Chrome 4"-6" Chrome wheels to be utilized on inset wrought Wheels, SS iron or steel V-track flushed and inset Gate Track within concrete base. Galvanized Coating after Zinc 0.45 oz./ft2 minimum weight Forming 0.3 mil minimum thickness Galvanized Coating prior to Zinc ASTM A653 Forming 0.90 oz./ft2 minimum weight Coating designation G90 Powder Epoxy Coating Base Coat Zinc -rich epoxy powder coating 2.0-mil minimum thickness Gray Top Coat Polyester powder coat 2.0-mil minimum thickness Black Top Coat Adhesion > 90% per ASTM D3359 Method B Corrosion Performance resistance > 3500 hors per ASTM B117 & ASTM Requirements D1654 Impact resistance > 60 in-lbf per ASTM D2794 Weathering resistance > 1000 hrs per ASTM D822, D2244, and D523 Bolts (Anchor Bolts) High -Strength ASTM A325 or ASTM A 490 Carbon steel — With self-locking nuts or lock -washers and plain nuts Galvanized Washers — same material as nuts Zinc coating ASTM A153 - 2.1 mil thickness - 1.30 ounce/ft2 Bolts (Anchor Bolts) - Stainless Steel ASTM A193 Grade B8M bolts with ASTM A194 Grade Stainless Steel 8M nuts Alternate ASTM F593 Type 316 bolts with ASTM F594 Type 316 nuts Washers — same material as nuts Hardware — Steel including Steel Hardware ASTM A153 castings, rolled, pressed and forged articles Galvanized ASTM A123 - 3.4 mil thickness - 2.00 ounce/ft2 Coating ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 20 City Council 16 — 47 4/18/2023 (Z) CITY OF SANTA ANA Industrial Steel Fencing and Gate Finish The manufactured galvanized framework shall be subjected to subjected to PermaCoat thermal stratification coating process (high -temperature, in -line, multistage, multi -layer) including, as a minimum, a six -stage pretreatment/wash (with zinc phosphate), an electrostatic spray application of an epoxy base, and a separate electrostatic spray application of polyester finish. The stratification -coated framework shall be capable of meeting the performance requirements for each characteristic shown in the table below. QUALITY CHARACTERISTICS ASTM TEST METHOD PERFORMANCE REQUIREMENTS Adhesion (Retention of Coating) over 90% of test Adhesion D3359 — Method B area (Tape and knife test). Corrosion Resistance over 3,500 hours (Scribed per Corrosion Resistance B117 & D1654 D1654; failure mode is accumulation of 1/8" coating loss from scribe or medium #8 blisters). Impact Resistance over 60 inch lb. (Forward impact Impact Resistance D2794 using 0.625" ball). Weathering Resistance over 1,000 hours (Failure mode Weathering Resistance D822, D2244, is 60% loss of gloss or color variance of more D523 600 Method than 3 delta-E color units). Steel material forfence framework (i.e., tubular pickets, rails, and posts), when galvanized prior to forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield strength of 50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the requirements of ASTM A653/A653M with a minimum zinc coating weight of 0.90 oz./ft2 (276 g/m2), Coating Designation G-90. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after forming, shall conform to the requirements of ASTM Al011/1011M, with a minimum yield strength of 50,000 psi (344 MPa). The exterior shall hot -dip galvanized with a 0.45 oz./ft2 (138 g/m2) minimum zinc weight. The interior surface shall be coated with a minimum 81 % nominal zinc pigmented coating, 0.3 mils (0.0076mm) minimum thickness. Welds made after galvanizing shall be ground smooth and wire brushed to remove loose or burned zinc coating, after which cleaned areas shall be prepared and neatly coast with 50-50 solder. Repairs to abraded or damaged coating shall be done in similar fashion. All fencing material shall be painted prior to installation (color as specified by City) and receive touch up paint in the field upon installation completion. B. VINYL -COATED CHAIN -LINK FENCING Vinyl -Coated Chain -link Fencing and Gate Material ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 21 City Council 16 — 48 4/18/2023 CITY OF SANTA ANA Materials for vinyl -coated chain -link fence shall be as specified herein. Material shall be of the same color of vinyl coating. Privacy slates to be provided and manufactured from 97 percent recycled plastic. Gates to be schedule 40 galvanized steel with fork type latches or fabricated lock upon City's request and three 180-degree hinges per leaf. Doorking 9000 or approved ASTM compliant equal to be utilized as the gate actuator upon request. Painted finishes are not acceptable, and color for this job is the manufacturers standard bloack, brown, or approved upon request. Vinyl -coated chain -link fences and gates shall be constructed of the following materials: ITEM MATERIAL SPECIFICATION Posts and Section 80-4.01 A of CALTRANS Braces Fabric Section 80-4.01 B of CALTRANS Accessories Section 80-4.01 C of CALTRANS Gates Section 80-4.01 D of CALTRANS Line Posts SCH 40 galvanized steel 2.375-inch (59 mm) outside diameter, Schedule 40 galvanized steel pipe or galvanized "H" columns weighing not less than 2.7 lb./ft. (13.18 kg/m2). Corner and SCH 40 galvanized 2.875-inch (73 mm) outside diameter, Schedule 40 Terminal Posts steel galvanized steel pipe Gate Posts Galvanized Steel 3.500-inch (89 mm) diameter for man gates and 6.625- Pipe inch (168 mm) for vehicular gates Diameter for Galvanized Steel Gateposts to be galvanized steel pipe Vehicular Gates ITEM MATERIAL SPECIFICATION Top, Bottom, Galvanized Steel 1.660-inch (42.16 mm) outside diameter, plain end, and Brace Rail sleeve coupled galvanized steel pipe Gate Frame SCH 40 galvanized 1.9-inch (48.26 mm) outside diameter Schedule 40 steel galvanized steel pipe for fittings and truss rod fabrication Automated Galvanized Steel Rolling Gate and Gate Actuator including concrete track Gate/Gate with a stainless steel v-track inset and flushed to Actuator concrete pad. Doorking 9000 — 1 HP Actuator with Doorking 8054 Microplus RF receiver compliant approved equal recommended for the gate actuator. Wi-Fi capable and keypad entry to be provided upon request. Fire Access Box Knox Box or equivalent equal to be installed with actuated ate entry keypad. Gate Chrome Wheels, SS Gate 4"-6" Chrome wheels to be utilized on inset wrought Track/Wheels Track iron or SS type 216 V-track flushed and inset within concrete base Or cantilever set up with rubber wheels to be utilized upon request ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 22 City Council 16 — 49 4/18/2023 (9) CITY OF SANTA ANA Tension Bars Galvanized Steel 3/16 inches by 3/4-inch (4.76 mm by 20 mm) galvanized steel flat bars Caps Cast Steel or Malleable Sized to post dimension, set -screw retained Iron, Galvanized Fittings Galvanized Steel Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings shall be galvanized steel Extension Arms Cast Steel Cast steel, to accommodate 3 strands of barbed wire, single arm, 12-inches (305 mm) high (measured vertically) above the top edge of the fence fabric, sloped to 45 degrees Barbed Wire 12-AWG wire, 3 strands, 4 point barbs at 5-inches (127 mm) O.C., painted black (when required zinc -coated steel by City) with bonded vinyl coating Gate Hardware Galvanized Steel Fork type latch with gravity drop or fabricated locking mechanism upon request; center gate stop and drop rod; three 180-degree gate hinges per leaf Or install fabricated manual locking mechanism to the front face of the gate upon request; fabricated lock should not interfere with closing of the gate Privacy Slats 97% Post- Consumer Plastic fencing slats manufactured from 97 percent Recycled Plastic recycled plastic Vinyl -Coated Chain -link Fencing and Gate Finish Chain -link fence fabric shall be galvanized steel wire with a continuously bonded vinyl coating, with a finish size (i.e., size after coating) of 8 gauge, and shall comply with ASTM F 668. Fabric height shall be 8 feet (2.44 m) +/- 3/4 inch (20 mm), 6 feet (1.83 m) +/- 3/4 inch (20 mm), or suitable height depending upon City's request, with knuckled, selvage edges on the bottom and top. Mesh shall be vertically -woven diamond mesh, with a nominal distance of 2 inches (50 mm) between parallel wires. Galvanize surfaces shall be in accordance with ASTM A 123, with a coating of at least 1.20 oz./sq. ft. Accessories and components will have the same finish as fabric. The vinyl coating shall conform to FS RR-F-191/1C. Colors shall be stabilized, and shall have a light fastness to withstand a minimum Weather-O-Meter exposure of at least 1500 hours without deterioration when tested in accordance with ASTM D 1499. Specific gravity shall be between 1.26 and 1.30 in accordance with ASTM D 792. Hardness shall be A90 +/-5 in accordance with ASTM D 2240. Tensile strength shall be between 2600 and 3000 psi (17.94 MPa and 20.7 MPa) in accordance with ASTM D 412. Vinyl coating shall be exposure -resistant to dilute solutions of most common mineral acids, sea water, salts, and alkali. Vinyl coating shall be continuously bonded to the wire under 5000 psi (34.5 MPa) pressure before the wire is woven into fabric as seen in the table below. Coating Performance Requirements: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 23 City Council 16 — 50 4/18/2023 CITY OF SANTA ANA QUALITY CHARACTERISTICS ASTM TEST METHOD PERFORMANCE REQUIREMENTS Galvanized Surface A 123 Coating of at least 1.20 oz/sq. Hardness D 2240 A90+/-5 Strength D 412 Between 2600 and 3000 PSI Lene ering Resistance D2244 Weathering Resistance over 1,500 hours without deterioration Additional ASTM standards to be met in the design and construction of fencing and gates. • ASTM A392 Specification for zinc -coated steel chain link fence fabric • ASTM A491 Specification for aluminum -coated steel chain link fabric • ASTM A780 Standard practice for repair of damaged and uncoated areas of hot -dip galvanized coatings • ASTM A824 Specification for metallic -coated steel marcelled tension wire for use with chain link fence • ASTM F552 Standard terminology relating to chain link fencing • ASTM F567 Standard practice for installation of chain link fence • ASTM F626 Specification for fence fittings • ASTM F668 Specification for polymer coated chain link fence • ASTM F900 Specification for industrial and commercial swing gates • ASTM F934 Specification for standard colors for polymer -coated chain link • ASTM F1043 Specification for strength and protective coatings of metal industrial chain link fence framework • ASTM F1083 Specification for pipe, steel, hot -dipped zinc -coated (galvanized) welded, for fence structures • ASTM F1184 Specification for industrial and commercial horizontal slide gates • ASTM F1345 Specification for zinc-5 aluminum-mischmetal alloy -coated steel chain link fence fabric • ASTM F1664 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer - coated steel tension wire used with chain link fence • ASTM F1665 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer - coated steel barbed wire used with chain link fence • ASTM F2200 Specification for automated vehicular gate construction • ASTM F2780 Standard guide for design and construction of expanded metal security fences • CLFMI SFR2445, Security fence recommendations • CLFMI WLG2445, Chain link fence wind load guide for the selection of line post and line post spacing • Federal specification RR-F-191/3E fencing, wire and post, metal (chain -link fence posts, top rails and braces) • UL 325 door, drapery, gate, louver and window operators UL 325 door, drapery, gate, louver and window operators III. FENCING SYSTEM INSTALLATION & SUBMITTALS A. PREPARATION AND DESIGN SUBMITTAL: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 24 City Council 16 — 51 4/18/2023 CITY OF SANTA ANA Make field measurements needed before submitting fabricated industrial fence design or vinyl -coated chain- link fence design, shop drawings, or ordering. Make minor changes in dimensions and alignments as needed to avoid utilities or structural conflicts. Contractor shall specify and submit fabricated industrial fence design and/or vinyl -coated chain -link fence design including appurtenant footings, hardware, mountings, connections, gate design and setup required for compliance with Manufacturer's installation requirements and compliance with applicable building codes and City standards. Contractor shall submit shop drawings to the engineer for approval prior to fabrication and installation. B. DEMOLITION: Pre-existing fencing to be removed, and shall be properly disposed of off -site by the Contractor at Contractor's expense. Any existing fence indicated to remain and which have been damaged by the Contractor shall be replaced by Contractor at Contractor's expense. All earth, trees, brush and other obstructions which interfere with the proper construction of fences shall be removed and properly disposed of off -site by the Contractor. C. INDUSTRIAL STEEL FENCING INSTALLATION STANDARDS: Industrial steel fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as -needed basis. The following installation standards shall be followed: 1. Manufacturer's installation and warranty requirement 2. Applicable OSHA and Cal OSHA regulations 3. Applicable building and fire code requirements 4. City codes Refer variances between above documents and Contract Documents to Owner's Representative. Install fencing and gates according to Manufacturer's installation and warranty requirements. Contractor shall contact dig alert before installation. Install fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved industrial steel fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in the industrial steel fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout. Permanent connections shall be continuously welded not bolted along entire area of contact. All gate welding made in the field shall be ground smooth and wire brushed to remove loose metal. All welding shall be shielded arc type and shall be performed by certified welders. Continuous inspection is required of all field welding in accordance with C.B.C. Section 1704.3.1. Joints in fencing and gates shall have a close ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 25 City Council 16 — 52 4/18/2023 CITY OF SANTA ANA fit with corner joints coped or mitered and in true alignment. Built-up parts shall be free of warp. Exposed ends and edges of metal shall be slightly rounded. Fastenings shall be concealed whenever possible. Post Spacing Requirements: Span 6' Nominal (71-3/8" Rail) 8' Nominal (91-1/4" Rail) Post Size 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" Bracket Type Standard (BB301) ngle (BB304) Standard (BB301) Angle (BB304) Post Settings ±'/z O.C. 75" 75-1/2" 76-1/2" 177 94-1/2" 95" 9611 96-1/2" Gate posts shall be set in accordance with the spacing shown in the submitted fencing design plans. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre- installed steel V-track inset and flushed to a concrete base that traverses the gate opening. Roller guides shall be affixed to the gate posts at a height even with the gate top rail to hold the gate in a vertical position. Gate stops shall be welded to the end of the gate or track so gate cannot pass rollers in either direction. Upon request, a fabricated manual lock shall be installed on the face of the gate. The fabricated lock's placement should not interfere with the closing of the gate. A Wi-Fi capable entry keypad and buried loop detectors to be provided for gate entry upon request. A Knox Box or approved equal fire access box shall be installed alongside the keypad entry. VINYL -COATED CHAIN -LINK FENCING INSTALLATION STANDARDS: Vinyl -coated chain -link fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as -needed basis. The following installation standards shall be followed: 1. Manufacturer's installation and warranty requirements 2. Applicable OSHA and Cal OSHA regulations 3. Applicable building and fire code requirements 4. City Codes Refer variances between above documents and Contract Documents to Owner's Representative. Install fencing and gates according to Manufacturer's installation and warranty requirements. Contractor shall contact dig alert before installation. Install vinyl -coated chain -link fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved chain -link fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in vinyl - coated chain -link fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 26 City Council 16 — 53 4/18/2023 CITY OF SANTA ANA undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout. Install security fence of 8-foot (2.45 m), 6-foot, or recommended fabric height with 1-foot (0.9 m) barbed extension on support arms when requested. Space line posts at intervals not exceeding 10 feet (3 m). Provide top rail through line -post tops and splice with 7-inch (178 mm) long rail sleeves. Brace each gate and corner post back to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and gate posts. Install center and bottom brace rail on corner and gate leaves. Stretch fabric between terminal posts or at intervals of 100 feet (30.5 m) maximum, whichever is less. Position bottom of fabric to no more than 2 inches (50 mm) above concrete or asphalt grade and touching dirt finish grade. Fasten fabric to top rail, line posts, braces, and bottom tension wire with 11-AWG galvanized wire ties 24 inches (610 mm) maximum on centers. Attach fabric to end, corner, and gateposts with tension bars and tension bar clips. Install bottom rail supported at each line and terminal post in such a manner that a continuous brace between posts is formed. Install gates with fabric and barbed wire overhang to match fence upon request. Install three hinges per leaf, latch, catches, drop bolt, foot bolts and sockets. In place of a latch, install a fabricated manual lock shall be installed on the face of the gate upon City's request. The fabricated lock's placement should not interfere with the closing of the gate. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre -installed steel V-track inset and flushed to a concrete base that traverses the gate opening. D. QUALITY ASSURANCE: The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. E. CONSTRUCTION WASTE MANAGEMENT: The contractor shall clean the jobsite of excess materials; post -hole excavations shall be scattered uniformly away from posts. Before concrete pours, designate locations or uses for excess concrete and a location for clean out water from concrete trucks. Designated locations shall meet environmental standards and conform with Section 7-1.01 of CALTRANS. F. DELIVERY, STORAGE, AND HANDLING: Upon receipt at thejob site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft. Manufacturer's instruction and warranty requirements for delivery, storage and handling of fencing materials shall be strictly followed. G. SUBMITTAL: The manufacturer's literature shall be submitted prior to installation. Submit the following shop drawings and product data: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 27 City Council 16 — 54 4/18/2023 (z) CITY OF SANTA ANA a. Include accessories, fittings, hardware, anchorages, and schedule of components. b. Manufacturer's installation instructions. Furnish the following submittals: SUBMITTAL DESCRIPTION Fencing Design Including appurtenant footings, hardware, mountings, connections, gate design and setup. Shop Drawings Required for fabricated items such industrial steel or vinyl -coated chain -link fencing and gates. Schematic Drawing Depicting dimensions and system configuration, footings, gate design, etc. Required for all sites. Catalog Data Required for all manufactured products per catalog data requirements. Warranty Furnish one-year warranty from date of final acceptance. H. PAYMENT: Payment for fencing and gate installation shall be paid at the contract unit prices listed on the Cost Proposal Form. Such payment will be considered full compensation for furnishing all design, labor, materials, tools and equipment and doing all work, including grading, necessary to install complete and in place for the projects upon request and specified herein. I. SYSTEMS WARRANTY: Vendor shall submit, in detail, a description of any warranty, or equipment replacement, equipment loaner program included in bidder's offer. The manufacturer's warranty shall be for a minimum of ten (10) years. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 28 City Council 16 — 55 4/18/2023 EXHIBIT B City Council 16 — 56 4/18/2023 (9) CITY OF SANTA ANA being requested as specified herein. 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. Price Proposal — Price must be inclusive of all costs, including but not limited to, direct and indirect vosts 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 Ciyt Projects Manager or designee in writing. Note: Item quantities are estimated and provided for calculating competitive pricing. Item quantities may vary from the final field quantities. ITEM QTY/UOM UNIT EXTENDED PRICE PRICE 1 Furnish and Install 8-Foot High Industrial Steel 1,000 LF 150 150,000 Fencing $ $ 2. Furnishand Install 6-Foot High Industrial Steel 1,000 LF 130 130,000 Fencing$ $ Furnish and Install 8-Foot High, 20-foot wide 3. Industrial 2 EA 3,500 7,000 Steel Manual Gate dual or single swing or slide $ $ Furnish and Install 6-Foot High, 20-foot wide 4. Industrial 2 EA 3,000 6,000 Steel Manual Gate dual or single swing or slide $ $ Furnish and Install 8-Foot High, 20-Foot wide 5. Industrial Steel Automatic Gate (dual or single swing or slide) With Actuator, detector 2 EA 18,000 36,000 loops and keypad (Wi-Fi connectivity and button entry) $ $ Furnish and Install 6-Foot High, 20-Foot wide 6. Industrial Steel Automatic Gate (dual or single swing or slide) With Actuator, detector 2 EA 16,000 32,000 loops and keypad (Wi-Fi connectivity and button entry) $ $ Furnish and Install 8-Foot High Vinyl -Coated 7 Chain 1,000 LF 125 125,000 plink FenciFurnish $ $ and Install 6-Foot High Vinyl Coated 8• Chain -link 1,000 LF 115 115,000 Fencing$ $ Furnish and Install 8-Foot High, 20-Foot Wide 9. Vinyl- Coated Chain -link Manual Gate (dual or 6,500 13,000 single swing or 2 EA slide) $ $ Furnish and Install 6-Foot High, 20-Foot Wide 10. Vinyl Coated Chain -link Manual Gate (dual or 6,000 12,000 single swing or 2 EA slide) $ $ Furnish and Install 8-Foot High, 20-Foot wide 11. Vinyl- Coated Chain -link Automatic Gate (dual or single swing or slide) With Actuator, 2 EA 16,000 32,000 detector loops and keypad Wi-Fi connectivity and button entry) $ $ CouncilCity • i 1 (9) CITY OF SANTA ANA Furnish and Install 6-Foot High, 20-Foot wide 12. Vinyl- Coated Chain -link Automatic Gate (dual or single swing or slide) With Actuator, 2 EA 16,000 32,000 detector loops and keypad (Wi-Fi connectivity and button entry) $ $ 13. Barbed Wire 1,000 LF $ 10 $ 10,000 14. Existing Fencing Demolition 500 LF $ 10 $ 5,000 705,000 Total (1-14) $ PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. J & A Engineering Corp. dba J & A Fence (626) 334-3209 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 824 N Todd Avenue, Azusa CA, 91702 BUSINESS ADDRESS Miauel Miranda Owner PRINTED NAME OF AUTHORIZED AGENT TITLE 3/14/23 Admin@jnafence.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 95-4847223 1000010231 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER 913941 (IFAPPLICABLE) DIR REGISTRATION NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. ATTACHMENT B REFERENCES PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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: Contact Individual: nni_rai i rnicra1 i A-1n nnarnirFn�an�r F anin czFPaicz FnQ FFnir,in�r, anm r,aTFS City Council 16 — 58 4/18/2023 37 CITY OF SANTA ANA Address: 100 S. Main Street Phone Number: _ (626)_533-5673 Los Angeles. CA 90012 EMAIL. firstoonstruction@yahoo.com Contract Amount: $729,450.00 Year: 2021 Description of supplies, equipment, or services provided: Installation of Wrought Iran Fencing and Gates at various Caltrans Sites. REFERENCE Customer Name: City of Huntington Beach Contact Individual. - Address: 2000 Main St Phone N►.tmber: Farhad Bolourchi 14) 536-5509 Huntington Beach CA EMAIL: farhad.bolourchi _surfcity-hb.orq_ Contract Amount: $1,161,470.00 Year: 2022 ❑escription of supplies, equipment, or services provided: Instailation of Stainless Steel & Aluminum Handrails, Guardrails and Lodge Pole Fencing at Bluff Top Park. REFERENCE Customer Name: Ocean View School District Contact Individual: Jaime Veiasquez Address: 17200 Pinehurst Lane Phone Number: (909) 276-1076 Huntington Beach, CA 92647 EMAIL jaimeV@Imcci.com Contract Amount: $3,08350.00 Year: 2019 Description of supplies, equipment, or services provided: Installation of Wrought Iron & Chain Link Fencing and Gates at various school sites_ TEAS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. ATTACHMENT C PROPOSER'S STATEMENT PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City 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 Executive Director or his 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 proposer or ON -CALL INSTALLATION. MAINTENANCE AND REPAIR FOR FENCING AND GATES 38 City Council 16 — 59 4/18/2023 CITY OF SANTA ANA deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. Ali terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. FirmJ & A Engineering Core. dba J & A Fence Signed and Printed Name:-1?d"4 i'+''a'�r►- �., ,�„ - Miguel Miranda ----- Title President Date 3101 /23 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. ATTACHMENT ❑ NON -COLLUSION AFFIDAVIT PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (Title 23 United States Code Section 112 and Public Contract Code Section 71G6) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not caliusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer ON -CALL INSTALLATION. MAINTENANCE AND REPAIR FOR FENCING AND GATES 39 City Council 16 — 60 4/18/2023 CITY 4F SANTA ANA to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, 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 proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal 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 proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof snail also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed k r- �, State ofCounty of �S S ,�scribed and swqQ,� rj to (or affirmed) before me on this Ar day of AAR(4 , 20 �3 , by illG Jc 2, A- ! l+RAPPA , proved to me on the basis of satisfactory evidence to be the person(K) who appeared before me. Notary Public Sig ature CHRISTMA K CARIM010 W Notary public - California r r Los Arijeles County Commission ff 2403338 •`` MyCOMM. Expires may 31, 2026 Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. ATTACHMENT E NON -LOBBYING CERTIFICATION PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 40 City Council 16 — 61 4/18/2023 xM` � CITY OF SANTA ANA (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: Title: President Firm: J & A Engineering Corp. dba J & A Fence Date: 3/01 /23 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. ATTACHMENT F NON-❑ISCRIMINATION CERTIFICATION PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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 stational 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, ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 41 City Council 16 — 62 4/18/2023 C CITY OF S►4NTA ANA 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 past 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. S. 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. 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 otherwise provided by law. 2. 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 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 rneans 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 subconsultant 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: 71?! �i'eC Title: President Firm: J & A Engineering Corp. dba J & A Fence ON -CALL INSTALLATION. MAlNTENANCL AIVD REPAIR FDR FEhlCIIVG AND GATES 42 City Council 16 — 63 4/18/2023 CITY OF SANTA ANA Date: 3/01 /23 1 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. _PROPOSALS THAT ❑O NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ON -CALL INSTALLATION. MAINTENANCE AND REPAIR FOR FENCING AND GATES 43 City Council 16 — 64 4/18/2023 AGREEMENT WITH QUALITY FENCE CO, INC., TO PROVIDE ON -CALL INSTALLATION, MAINTENANCE AND REPAIR SERVICES FOR FENCING AND GATES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 1 Sth day of April, 2023 by and between Quality Fence 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 February 15, 2023, the City issued a Request for Proposal ("RFP") No. 23-012, by which it desired to retain a contractor having special skill and knowledge in the field of installation, maintenance and repair services for fencing and gates on an "on -call" basis 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 such services described in the scope of work that was included in RFP No, 23-012. 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 On an on -call 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. 23-012, 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 three (3) contractors selected to provide installation, maintenance and repair services for fencing and gates on an on -call basis under RFP 23-012. The total compensation for these services provided by all such contractors selected under RFP 23-012 shall not exceed the shared aggregate amount of Three Million Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper Page 1 of 9 City Council 16 — 65 4/18/2023 invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 18, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-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 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 Page 2 of 9 City Council 16 — 66 4/18/2023 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. 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. Minimum Scope and Limit of Insurance (1) 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 aggregatelimit 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. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) 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. (4) Broader Coverage: if the Contractor 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 limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance 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 Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, 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). Page 3 of 9 City Council 16 — 67 4/18/2023 (2) Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage 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 the Contractor'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: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof 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 Contractor 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: If any of the required policies provide claims -made coverage: The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. 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 Contractor must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. (8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby Page 4 of 9 City Council 16 — 68 4/18/2023 this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins, However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor'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. (9) Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 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. Page 5of9 City Council 16 — 69 4/18/2023 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 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 Contractor 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. 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, Page G of 9 City Council 16 — 70 4/18/2023 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. 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 that 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 that 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. 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, Page 7 of 9 City Council 16 — 71 4/18/2023 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. 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: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Page 8 of 9 City Council 16 — 72 4/18/2023 To Contractor: Quality Fence Co., Inc. Attn: William Cavanaugh, President I4929 Garfield Avenue Paramount, CA 90723 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: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: BrandoirSalvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Q ucz.ih JN Frenc.f, U . , 1 A — L�� William Cavanaugh President Page 9 of 9 City Council 16 — 73 4/18/2023 Exhibit A City Council 16 — 74 4/18/2023 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES I. INTRODUCTION AND BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Fencing and Gate Contractor(s) to provide Perimeter Security Fencing and Gates which include labor, materials and equipment to install new chain link fencing, new security ornamental iron fencing, swinging and motorized chain link and iron gates and/or the removal of existing fencing, maintenance and repair of existing fencing and gate systems throughout the City of Santa Ana on an as -needed basis. It is the City's intent to select one or more firms to enter into an agreement(s). The total fencing and gate services needed for On -call service agreement(s) is valued at approximately $3,000,000. The total amount to be expended shall be shared among all contractors selected for award to provide these services for th entirety of the agreement(s) term. II. DESCRIPTION OF WORK The work shall consist of, but necessarily limited to, the removal and proper disposal of existing fencing and gates, submittal of fabricated industrial steel fencing design and/or vinyl -chloride chain -link fencing design to the City prior to installation, and the construction of fabricated industrial steel fencing and/or vinyl -chloride chain -link fencing at various locations on an as needed basis. Prior to installation, the contractor shall design and submit construction plans of requested industrial steel fencing and/or vinyl coated chain -link fencing including appurtenant footings, hardware, mountings, or connections required for compliance with Manufacturer's installation requirements and compliance with applicable building codes and City standards. A footing design stamped by a registered civil engineer will be required for each installation (sample Exhibit A). The proposed fencing must be fully functional, complete and ready with automated or manual entrance gates upon request, and the fencing must be comprised of all new equipment. All major components of which must be produced by established manufacturers and fabricated to meet the requirements of the City. Contractor is responsible for demolishing and disposal/recycling of all improvements, including but not limited to: foundations and footings, slabs, landscaping, fencing, walls trees and all miscellaneous to clear site and to perform work. Prior to submitting all on -call proposals, the Contractor shall visit the subject project site (including coordinating with the City for access inside the building) and obtain any necessary as-builts to define an appropriate scope of work. A. INDUSTRIAL STEEL FENCING Industrial Steel Fencing and Gate Materials The contractor shall provide all labor, materials, and appurtenances necessary for installation of "Aegis II- Majestic Style" ornamental fence system or approved equal, as described below. The fabricated and welded steel gate system shall conform to Ameristar PassPort Commercial Ornamental design series Majestic 2-rail gates from configuration manufacturer by Ameristar Fence Products, Inc. in Tulsa, ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 18 City Council 16 — 75 4/18/2023 (9) CITY OF SANTA ANA Oklahoma or approved equal. Doorking 9000, Lift Master, or approved ASTM compliant equal to be utilized as the gate actuator upon request. The color of the fence system shall be Black. Industrial steel fences and gates shall be constructed of the following materials or approved equal: ITEM MATERIAL SPECIFICATION Gate Welding All welding shall be shielded arc type and shall be performed by a certified welder. Continuous inspection is required of all field welding in accordance with C.B.0 Section 1704.3.1. Concrete Anchors — Stainless Steel SAE Type 316 Epoxy Adhesive Anchor Systems Concrete Anchors — Stainless Steel SAE Type 316 Expansion Bolt Systems Powder Actuated Steel AISI 1061 Fastening Systems Hardness 52-58 Rockwell C Galvanized ASTM B633 - 2.1 mil thickness - 1.30 ounce/ft Coating Fencing Tubular Steel Galvanized ASTM A1011 for material galvanized after forming ASTM A924 for material galvanized prior to forming Minimum yield strength 50 ksi Welding AWS D1.1 E70xx except E7024 rods or electrodes Electrode - shall not be used Steel Picket 14 gauge Dimensions 1" square 5" maximum on center Picket Retaining '/8" diameter Rods Picket Rail Provide PVC Grommets to seal openings Intersections Rail Dimensions 14 gauge 11/4" square Minimum of 3 rails Post Dimensions 12 gauge 4" square 8 foot nominal maximum span Applied Design Panels shall support 600 lb. load at midspan Load without permanent deformation. Gates Tubular Steel Fabricate of same material with same dimensions and design as fencing panels. Weld rail and upright intersections. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 19 City Council 16 — 76 4/18/2023 (9) CITY OF SANTA ANA Automated Gate/Gate Galvanized Steel ASTM F2200 Actuator UL325 Compliant Rolling Gate and Gate Actuator including a steel v- track inset with a concrete track and concrete pad for the gate actuator. Passport Commercial Majestic Style industrial steel fencing or approved equal recommended for the horizontal slide gate. Doorking 9000 — 1 HP Actuator with Doorking 8054 Microplus RF receiver or UL 325 compliant approved equal recommended for the gate actuator. Wi-Fi capable and keypad entry to be provided upon request. Fire Access Box Knox Box or equivalent equal to be installed with actuated gate entry keypad. Gate Hardware Galvanized steel Install fabricated manual locking mechanism to the front face of the gate upon request. Fabricated lock should not interfere with closing of the gate. Gate Track/Wheels Chrome 4"-6" Chrome wheels to be utilized on inset wrought Wheels, SS iron or steel V-track flushed and inset Gate Track within concrete base. Galvanized Coating after Zinc 0.45 oz./ft2 minimum weight Forming 0.3 mil minimum thickness Galvanized Coating prior to Zinc ASTM A653 Forming 0.90 oz./ft2 minimum weight Coating designation G90 Powder Epoxy Coating Base Coat Zinc -rich epoxy powder coating 2.0-mil minimum thickness Gray Top Coat Polyester powder coat 2.0-mil minimum thickness Black Top Coat Adhesion > 90% per ASTM D3359 Method B Corrosion Performance resistance > 3500 hors per ASTM B117 & ASTM Requirements D1654 Impact resistance > 60 in-lbf per ASTM D2794 Weathering resistance > 1000 hrs per ASTM D822, D2244, and D523 Bolts (Anchor Bolts) High -Strength ASTM A325 or ASTM A 490 Carbon steel — With self-locking nuts or lock -washers and plain nuts Galvanized Washers — same material as nuts Zinc coating ASTM A153 - 2.1 mil thickness - 1.30 ounce/ft2 Bolts (Anchor Bolts) - Stainless Steel ASTM A193 Grade B8M bolts with ASTM A194 Grade Stainless Steel 8M nuts Alternate ASTM F593 Type 316 bolts with ASTM F594 Type 316 nuts Washers — same material as nuts Hardware — Steel including Steel Hardware ASTM A153 castings, rolled, pressed and forged articles Galvanized ASTM A123 - 3.4 mil thickness - 2.00 ounce/ft2 Coating ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 20 City Council 16 — 77 4/18/2023 (9) CITY OF SANTA ANA Industrial Steel Fencing and Gate Finish The manufactured galvanized framework shall be subjected to subjected to PermaCoat thermal stratification coating process (high -temperature, in -line, multistage, multi -layer) including, as a minimum, a six -stage pretreatment/wash (with zinc phosphate), an electrostatic spray application of an epoxy base, and a separate electrostatic spray application of polyester finish. The stratification -coated framework shall be capable of meeting the performance requirements for each characteristic shown in the table below. QUALITY CHARACTERISTICS ASTM TEST METHOD PERFORMANCE REQUIREMENTS Adhesion (Retention of Coating) over 90% of test Adhesion D3359 — Method B area (Tape and knife test). Corrosion Resistance over 3,500 hours (Scribed per Corrosion Resistance B117 & D1654 D1654; failure mode is accumulation of 1/8" coating loss from scribe or medium #8 blisters). Impact Resistance over 60 inch lb. (Forward impact Impact Resistance D2794 using 0.625" ball). Weathering Resistance over 1,000 hours (Failure mode Weathering Resistance D822, D2244, is 60% loss of gloss or color variance of more D523 600 Method than 3 delta-E color units). Steel material forfence framework (i.e., tubular pickets, rails, and posts), when galvanized prior to forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield strength of 50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the requirements of ASTM A653/A653M with a minimum zinc coating weight of 0.90 oz./ft2 (276 g/m2), Coating Designation G-90. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after forming, shall conform to the requirements of ASTM Al011/1011M, with a minimum yield strength of 50,000 psi (344 MPa). The exterior shall hot -dip galvanized with a 0.45 oz./ft2 (138 g/m2) minimum zinc weight. The interior surface shall be coated with a minimum 81 % nominal zinc pigmented coating, 0.3 mils (0.0076mm) minimum thickness. Welds made after galvanizing shall be ground smooth and wire brushed to remove loose or burned zinc coating, after which cleaned areas shall be prepared and neatly coast with 50-50 solder. Repairs to abraded or damaged coating shall be done in similar fashion. All fencing material shall be painted prior to installation (color as specified by City) and receive touch up paint in the field upon installation completion. B. VINYL -COATED CHAIN -LINK FENCING Vinyl -Coated Chain -link Fencing and Gate Material ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 21 City Council 16 — 78 4/18/2023 (9) CITY OF SANTA ANA Materials for vinyl -coated chain -link fence shall be as specified herein. Material shall be of the same color of vinyl coating. Privacy slates to be provided and manufactured from 97 percent recycled plastic. Gates to be schedule 40 galvanized steel with fork type latches or fabricated lock upon City's request and three 180-degree hinges per leaf. Doorking 9000 or approved ASTM compliant equal to be utilized as the gate actuator upon request. Painted finishes are not acceptable, and color for this job is the manufacturers standard bloack, brown, or approved upon request. Vinyl -coated chain -link fences and gates shall be constructed of the following materials: ITEM MATERIAL SPECIFICATION Posts and Section 80-4.01 A of CALTRANS Braces Fabric Section 80-4.01 B of CALTRANS Accessories Section 80-4.01 C of CALTRANS Gates Section 80-4.01 D of CALTRANS Line Posts SCH 40 galvanized steel 2.375-inch (59 mm) outside diameter, Schedule 40 galvanized steel pipe or galvanized "H" columns weighing not less than 2.7 lb./ft. (13.18 kg/m2). Corner and SCH 40 galvanized 2.875-inch (73 mm) outside diameter, Schedule 40 Terminal Posts steel galvanized steel pipe Gate Posts Galvanized Steel 3.500-inch (89 mm) diameter for man gates and 6.625- Pipe inch (168 mm) for vehicular gates Diameter for Galvanized Steel Gateposts to be galvanized steel pipe Vehicular Gates ITEM MATERIAL SPECIFICATION Top, Bottom, Galvanized Steel 1.660-inch (42.16 mm) outside diameter, plain end, and Brace Rail sleeve coupled galvanized steel pipe Gate Frame SCH 40 galvanized 1.9-inch (48.26 mm) outside diameter Schedule 40 steel galvanized steel pipe for fittings and truss rod fabrication Automated Galvanized Steel Rolling Gate and Gate Actuator including concrete track Gate/Gate with a stainless steel v-track inset and flushed to Actuator concrete pad. Doorking 9000 — 1 HP Actuator with Doorking 8054 Microplus RF receiver compliant approved equal recommended for the gate actuator. Wi-Fi capable and keypad entry to be provided upon request. Fire Access Box Knox Box or equivalent equal to be installed with actuated ate entry keypad. Gate Chrome Wheels, SS Gate 4"-6" Chrome wheels to be utilized on inset wrought Track/Wheels Track iron or SS type 216 V-track flushed and inset within concrete base Or cantilever set up with rubber wheels to be utilized upon request ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 22 City Council 16 — 79 4/18/2023 (9) CITY OF SANTA ANA Tension Bars Galvanized Steel 3/16 inches by 3/4-inch (4.76 mm by 20 mm) galvanized steel flat bars Caps Cast Steel or Malleable Sized to post dimension, set -screw retained Iron, Galvanized Fittings Galvanized Steel Sleeves, bands, clips, rail ends, tension bars, fasteners and fittings shall be galvanized steel Extension Arms Cast Steel Cast steel, to accommodate 3 strands of barbed wire, single arm, 12-inches (305 mm) high (measured vertically) above the top edge of the fence fabric, sloped to 45 degrees Barbed Wire 12-AWG wire, 3 strands, 4 point barbs at 5-inches (127 mm) O.C., painted black (when required zinc -coated steel by City) with bonded vinyl coating Gate Hardware Galvanized Steel Fork type latch with gravity drop or fabricated locking mechanism upon request; center gate stop and drop rod; three 180-degree gate hinges per leaf Or install fabricated manual locking mechanism to the front face of the gate upon request; fabricated lock should not interfere with closing of the gate Privacy Slats 97% Post- Consumer Plastic fencing slats manufactured from 97 percent Recycled Plastic recycled plastic Vinyl -Coated Chain -link Fencing and Gate Finish Chain -link fence fabric shall be galvanized steel wire with a continuously bonded vinyl coating, with a finish size (i.e., size after coating) of 8 gauge, and shall comply with ASTM F 668. Fabric height shall be 8 feet (2.44 m) +/- 3/4 inch (20 mm), 6 feet (1.83 m) +/- 3/4 inch (20 mm), or suitable height depending upon City's request, with knuckled, selvage edges on the bottom and top. Mesh shall be vertically -woven diamond mesh, with a nominal distance of 2 inches (50 mm) between parallel wires. Galvanize surfaces shall be in accordance with ASTM A 123, with a coating of at least 1.20 oz./sq. ft. Accessories and components will have the same finish as fabric. The vinyl coating shall conform to FS RR-F-191/1C. Colors shall be stabilized, and shall have a light fastness to withstand a minimum Weather-O-Meter exposure of at least 1500 hours without deterioration when tested in accordance with ASTM D 1499. Specific gravity shall be between 1.26 and 1.30 in accordance with ASTM D 792. Hardness shall be A90 +/-5 in accordance with ASTM D 2240. Tensile strength shall be between 2600 and 3000 psi (17.94 MPa and 20.7 MPa) in accordance with ASTM D 412. Vinyl coating shall be exposure -resistant to dilute solutions of most common mineral acids, sea water, salts, and alkali. Vinyl coating shall be continuously bonded to the wire under 5000 psi (34.5 MPa) pressure before the wire is woven into fabric as seen in the table below. Coating Performance Requirements: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 23 City Council 16 — 80 4/18/2023 (9) CITY OF SANTA ANA QUALITY CHARACTERISTICS ASTM TEST METHOD PERFORMANCE REQUIREMENTS Galvanized Surface A 123 Coating of at least 1.20 oz/sq. Hardness D 2240 A90+/-5 Strength D 412 Between 2600 and 3000 PSI Lene ering Resistance D2244 Weathering Resistance over 1,500 hours without deterioration Additional ASTM standards to be met in the design and construction of fencing and gates. • ASTM A392 Specification for zinc -coated steel chain link fence fabric • ASTM A491 Specification for aluminum -coated steel chain link fabric • ASTM A780 Standard practice for repair of damaged and uncoated areas of hot -dip galvanized coatings • ASTM A824 Specification for metallic -coated steel marcelled tension wire for use with chain link fence • ASTM F552 Standard terminology relating to chain link fencing • ASTM F567 Standard practice for installation of chain link fence • ASTM F626 Specification for fence fittings • ASTM F668 Specification for polymer coated chain link fence • ASTM F900 Specification for industrial and commercial swing gates • ASTM F934 Specification for standard colors for polymer -coated chain link • ASTM F1043 Specification for strength and protective coatings of metal industrial chain link fence framework • ASTM F1083 Specification for pipe, steel, hot -dipped zinc -coated (galvanized) welded, for fence structures • ASTM F1184 Specification for industrial and commercial horizontal slide gates • ASTM F1345 Specification for zinc-5 aluminum-mischmetal alloy -coated steel chain link fence fabric • ASTM F1664 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer - coated steel tension wire used with chain link fence • ASTM F1665 Specification for poly (vinyl chloride) (PVC) and other conforming organic polymer - coated steel barbed wire used with chain link fence • ASTM F2200 Specification for automated vehicular gate construction • ASTM F2780 Standard guide for design and construction of expanded metal security fences • CLFMI SFR2445, Security fence recommendations • CLFMI WLG2445, Chain link fence wind load guide for the selection of line post and line post spacing • Federal specification RR-F-191/3E fencing, wire and post, metal (chain -link fence posts, top rails and braces) • UL 325 door, drapery, gate, louver and window operators UL 325 door, drapery, gate, louver and window operators III. FENCING SYSTEM INSTALLATION & SUBMITTALS A. PREPARATION AND DESIGN SUBMITTAL: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 24 City Council 16 — 81 4/18/2023 (9) CITY OF SANTA ANA Make field measurements needed before submitting fabricated industrial fence design or vinyl -coated chain- link fence design, shop drawings, or ordering. Make minor changes in dimensions and alignments as needed to avoid utilities or structural conflicts. Contractor shall specify and submit fabricated industrial fence design and/or vinyl -coated chain -link fence design including appurtenant footings, hardware, mountings, connections, gate design and setup required for compliance with Manufacturer's installation requirements and compliance with applicable building codes and City standards. Contractor shall submit shop drawings to the engineer for approval prior to fabrication and installation. B. DEMOLITION: Pre-existing fencing to be removed, and shall be properly disposed of off -site by the Contractor at Contractor's expense. Any existing fence indicated to remain and which have been damaged by the Contractor shall be replaced by Contractor at Contractor's expense. All earth, trees, brush and other obstructions which interfere with the proper construction of fences shall be removed and properly disposed of off -site by the Contractor. C. INDUSTRIAL STEEL FENCING INSTALLATION STANDARDS: Industrial steel fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as -needed basis. The following installation standards shall be followed: 1. Manufacturer's installation and warranty requirement 2. Applicable OSHA and Cal OSHA regulations 3. Applicable building and fire code requirements 4. City codes Refer variances between above documents and Contract Documents to Owner's Representative. Install fencing and gates according to Manufacturer's installation and warranty requirements. Contractor shall contact dig alert before installation. Install fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved industrial steel fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in the industrial steel fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout. Permanent connections shall be continuously welded not bolted along entire area of contact. All gate welding made in the field shall be ground smooth and wire brushed to remove loose metal. All welding shall be shielded arc type and shall be performed by certified welders. Continuous inspection is required of all field welding in accordance with C.B.C. Section 1704.3.1. Joints in fencing and gates shall have a close ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 25 City Council 16 — 82 4/18/2023 (9) CITY OF SANTA ANA fit with corner joints coped or mitered and in true alignment. Built-up parts shall be free of warp. Exposed ends and edges of metal shall be slightly rounded. Fastenings shall be concealed whenever possible. Post Spacing Requirements: Span 6' Nominal (71-3/8" Rail) 8' Nominal (91-1/4" Rail) Post Size 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" 2-1/2" 3" Bracket Type Standard (BB301) ngle (BB304) Standard (BB301) Angle (BB304) Post Settings ±'/z O.C. 75" 75-1/2" 76-1/2" 177 94-1/2" 95" 9611 96-1/2" Gate posts shall be set in accordance with the spacing shown in the submitted fencing design plans. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre- installed steel V-track inset and flushed to a concrete base that traverses the gate opening. Roller guides shall be affixed to the gate posts at a height even with the gate top rail to hold the gate in a vertical position. Gate stops shall be welded to the end of the gate or track so gate cannot pass rollers in either direction. Upon request, a fabricated manual lock shall be installed on the face of the gate. The fabricated lock's placement should not interfere with the closing of the gate. A Wi-Fi capable entry keypad and buried loop detectors to be provided for gate entry upon request. A Knox Box or approved equal fire access box shall be installed alongside the keypad entry. VINYL -COATED CHAIN -LINK FENCING INSTALLATION STANDARDS: Vinyl -coated chain -link fencing and gate materials shall be furnished and installed by Contractor at locations as specified by the City on an as -needed basis. The following installation standards shall be followed: 1. Manufacturer's installation and warranty requirements 2. Applicable OSHA and Cal OSHA regulations 3. Applicable building and fire code requirements 4. City Codes Refer variances between above documents and Contract Documents to Owner's Representative. Install fencing and gates according to Manufacturer's installation and warranty requirements. Contractor shall contact dig alert before installation. Install vinyl -coated chain -link fencing and gate materials to tolerances recommended by Manufacturer and per submitted and approved chain -link fencing design. Unless otherwise shown, install fencing true, plumb, and level using precision gauges and levels. Footings shall be specified by the Contractor in vinyl - coated chain -link fencing design submittal and approved by the City prior to installation. Clean surfaces of metalwork to contact concrete, removing all rust, dirt, grease and other foreign substances before concrete is placed. Secure all embedded metalwork accurately in position when concrete is placed to prevent displacement or ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 26 City Council 16 — 83 4/18/2023 (9) CITY OF SANTA ANA undue vibration during or after placement of concrete. Where metalwork is to be installed in recesses in formed concrete, said recesses shall be made, metalwork installed, and recesses filled with dry -pack grout. Install security fence of 8-foot (2.45 m), 6-foot, or recommended fabric height with 1-foot (0.9 m) barbed extension on support arms when requested. Space line posts at intervals not exceeding 10 feet (3 m). Provide top rail through line -post tops and splice with 7-inch (178 mm) long rail sleeves. Brace each gate and corner post back to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and gate posts. Install center and bottom brace rail on corner and gate leaves. Stretch fabric between terminal posts or at intervals of 100 feet (30.5 m) maximum, whichever is less. Position bottom of fabric to no more than 2 inches (50 mm) above concrete or asphalt grade and touching dirt finish grade. Fasten fabric to top rail, line posts, braces, and bottom tension wire with 11-AWG galvanized wire ties 24 inches (610 mm) maximum on centers. Attach fabric to end, corner, and gateposts with tension bars and tension bar clips. Install bottom rail supported at each line and terminal post in such a manner that a continuous brace between posts is formed. Install gates with fabric and barbed wire overhang to match fence upon request. Install three hinges per leaf, latch, catches, drop bolt, foot bolts and sockets. In place of a latch, install a fabricated manual lock shall be installed on the face of the gate upon City's request. The fabricated lock's placement should not interfere with the closing of the gate. Six (6) inch or four (4) inch chrome wheels shall be bolted to the gate (between the wheel plates welded near the ends of the gate bottom rail). The gate shall be set upright with the V-grooved wheels positioned over the pre -installed steel V-track inset and flushed to a concrete base that traverses the gate opening. D. QUALITY ASSURANCE: The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. E. CONSTRUCTION WASTE MANAGEMENT: The contractor shall clean the jobsite of excess materials; post -hole excavations shall be scattered uniformly away from posts. Before concrete pours, designate locations or uses for excess concrete and a location for clean out water from concrete trucks. Designated locations shall meet environmental standards and conform with Section 7-1.01 of CALTRANS. F. DELIVERY, STORAGE, AND HANDLING: Upon receipt at thejob site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft. Manufacturer's instruction and warranty requirements for delivery, storage and handling of fencing materials shall be strictly followed. G. SUBMITTAL: The manufacturer's literature shall be submitted prior to installation. Submit the following shop drawings and product data: ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 27 City Council 16 — 84 4/18/2023 (9)CITY OF SANTA ANA a. Include accessories, fittings, hardware, anchorages, and schedule of components. b. Manufacturer's installation instructions. Furnish the following submittals: SUBMITTAL DESCRIPTION Fencing Design Including appurtenant footings, hardware, mountings, connections, gate design and setup. Shop Drawings Required for fabricated items such industrial steel or vinyl -coated chain -link fencing and gates. Schematic Drawing Depicting dimensions and system configuration, footings, gate design, etc. Required for all sites. Catalog Data Required for all manufactured products per catalog data requirements. Warranty Furnish one-year warranty from date of final acceptance. H. PAYMENT: Payment for fencing and gate installation shall be paid at the contract unit prices listed on the Cost Proposal Form. Such payment will be considered full compensation for furnishing all design, labor, materials, tools and equipment and doing all work, including grading, necessary to install complete and in place for the projects upon request and specified herein. I. SYSTEMS WARRANTY: Vendor shall submit, in detail, a description of any warranty, or equipment replacement, equipment loaner program included in bidder's offer. The manufacturer's warranty shall be for a minimum of ten (10) years. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 28 City Council 16 — 85 4/18/2023 Exhibit B City Council 16 — 86 4/18/2023 CITY OF SANTA ANA being requested as specified herein. 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. Price Proposal — Price must be inclusive of all costs, including but not limited to, direct and indirect vosts 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 Ciyt Projects Manager or designee in writing. Note: Item quantities are estimated and provided for calculating competitive pricing. Item quantities may vary from the final field quantities. ITEM QTY1l14M UNIT EXTENDED PRICE PRICE 1. Furnish and Install 8-Foot High Industrial Steel 1,000 LF Fencing$ 145.00 $ (9 5,000 .00 2. Furnish and Install 6-Foot High Industrial Steel 1,000 LF Fencing$i�s.a® $185,000,00 Furnish and Install 8-Foot High, 20-foot wide 3. Industrial 2 EA Steel Manual Gate dual or single swing or slide $ 6,300. 0 $ i o, r, 00.06 Furnish and Install 6-Foot High, 20-foot wide 4. Industrial 2 EA Steel Manual Gate dual or single swing or slide $ '800.0 $ 1, {P00 �00 Furnish and Install 8-Foot High, 20-Foot wide 5. Industrial Steel Automatic Gate (dual or single swing or slide) With Actuator, detector 2 EA loops and keypad (Wi-Fi connectivity and button entry) $13 000. o $ a co+oa a.o 0 Furnish and Install 6-Foot High, 20-Foot wide 6. Industrial Steel Automatic Gate (dual or single swing or slide) With Actuator, detector 2 EA loops and keypad (Wi-Fi connectivity and button entry) $1a,©00 0 $ a ,000.00 Furnish and Install 8-Foot High Vinyl -Coated 7. Chain -link 1,000LF Fencing$ 65.00 $ S 64 000 -00 Furnish and Install 6-Foot High Vinyl Coated 8. Chain -link 1,000LF Fencing $ 4S.00 $ Lis, boo .ace Furnish and Install 8-Foot High, 20-Foot Wide 9. Vinyl- Coated Chain -link Manual Gate (dual or single swing or 2 EA slide) $ S00.00 Furnish and Install 6-Foot High, 20-Foot Wide 10. Vinyl Coated Chain -link Manual Gate (dual or single swing or 2 EA slide) $"l,000, o $ b,0o0•C�t1 Furnish and Install 8-Foot High, 20-Foot wide 11. Vinyl- Coated Chain -link Automatic Gate (dual or single swing or slide) With Actuator, 2 EA detector loops and keypad i-Fi connectivity and button entry) $13, pop,pL $ a 4 0000.00 ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 36 City Council 16 — 87 4/18/2023 CITY OF SANTA ANA Furnish and Install 0-Foot High, 20-Foot wide 12. Vinyl- Coated Chain -link Automatic Gate (dual or single swing or slide) With Actuator, 2 EA detector loops and keypad Wi-Fi connectivity and button entry) $ a 000•00 13. Barbed Wire 1,000 LF $ jg,00 $ 14. Existing Fencing Demolition 500 LF $ 15,00 $ oo , p p Total 1-14 $ 05 Aoo • Q0 PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME'OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME bF AUTHORf±ED AGENT TITLE W1 SIGNATURE OF AUTH ED AGENT DATE E-MAIL R5-33losts 39a_73(a FEDERAL 1D NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) DIR REGISTRATION NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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: C i �i o F Las Aiig les ontact Individual: ani a Gage - ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCIN6 AND GATES 37 City Council 16 — 88 4/18/2023 CITY OF SANTA ANA Address: 55"5 kanniirea S;+. SDac.p_JQCPhone Number: Cal3� a1c�" a��1 Contract Amount: j I_LM _ Year: d 01 1- Prec-en- Description of supplies, equipment, or services provided: i REFERENCE Customer Name: Ci4 cad Lovtia 2 .e.acj Contact Individual: 0-scar A lan i :?_- Address: L41 t \A • Cceah (31vJ . fog% Floor Phone Number: JAL 520 - 4 S SIB Contract Amount: t q 801 006 .00 Year: a 01-1 - ()vy s-ek,� Description of supplies, equipment, or services provided: r� s � 11_ -! REFERENCE Customer Name: draj!q nvni, PW _Contact Individual: tb.varL%er Seaura Address: (_o01 IV . 2,&,S SF , U" P loar Phone Number: { �1 � q�� "0A 3 a Contract Amount: � 5 00 , oex , o 6 Year: r) o I k - P r- rn�- Description of supplies, equipment, or services provided: M MINIMUM! III!` Iiiiiii THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City 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 Executive Director or his 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 proposer or ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 38 City Council 16 — 89 4/18/2023 CITY OF SANTA ANA deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Qua..0 7eyicz Cu-, Ivic. _,... Signed and Printed Name: Title Presldevt-L Date 3 I I b atk-1 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 39 City Council 16 — 90 4/18/2023 CITY OF SANTA ANA to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, 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 proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal 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 proposal. 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. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of (A --,County of Lis {oat 1,e S Subscribed and sworn to (or affirmed) before me on this�_S_t day of NA 11 r 61 20_2a,, by 1N,iWarvl rava jo a n t , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before A -- Notary Public Signature -* 5ee. A-ii--achy d Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 40 City Council 16 — 91 4/18/2023 CALIFORNIA NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On Mauch I , zoz3 before me, Natalie E. Hoover, Notary Public (insert name and title of the officer), 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 GNATALIE ELISE HOOVER Notary Puhli� -Cali{ornla San Bernardino Cauncy Commission 0 14315ub y Comm. Expires D" 16, 2026 (Seal) Copyright © 2018 Nota ryAcknowled gem ent.com. All Rights Reserved. City Council 16 — 92 4/18/2023 ^-�I i�.1Y' CITY OF SANTA ANA (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: Title: Pre ;st d 4en t Firm: QuaU F�a., Inc . Dater I j I j n a3 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 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. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 41 City Council 16 — 93 4/18/2023 CITY OF SANTA ANA 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. 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 otherwise provided by law. 2. 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 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 subconsultant 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: C Title: &LidPvXL- Firm: LL)CQU:6v EPrnc Gj., /Pic . ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 42 City Council 16 — 94 4/18/2023 CITY OF SANTA ANA Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ON -CALL INSTALLATION, MAINTENANCE AND REPAIR FOR FENCING AND GATES 43 City Council 16 — 95 4/18/2023 Quality Fence Co Inc. March 1, 2023 14929 Garfield Avenue, Paramount, CA 90723 Ph:323/585-8585 Fax:562/869-7804 Statement of Qualifications Attn : Arne Cvek, Project Manager City of Santa Ana - Parks, Fleet, and Facilities 20 Civic Center Plaza Santa Ana, CA 92701 Project: RFQ 23-012 Due: 3/01 /2023 @ 2:OOPM I, William Cavanaugh, am the President of Quality Fence. am principal authorized representative who can legally bind commitments for this corporation. Should you have any questions please contact me at (323)585-8585. Respectfully, William Cavanaug esident Quality Fence Co., Inc. City Council 16 — 96 4/18/2023 B. Services Provided We service Southern California and run upwards of 14 (2) man crews with extensive experience in the field. We do iron, chain link fence, electric gates, and minor concrete projects as well as temp -fence and handrails. We have an extensive customer list that we provide with on call as needed contracts, from small repairs to major projects. We also, unlike most fence companies, have a C-23 license and a B General Contract license to go along with our C-13 Fencing License. Company President, Ty Cavanaugh, has been servicing the fence industry since 1979, past Vice President of the International Fence Industry Associate, is also the President and Majority Stockholder of Quality Fence Co Inc. An expert in Chain Link, Iron Fence and Gate Operator Systems. Quality Fence understands the scope of work for this Project: On -Call Fencing Maintenance and Repair Service, Quality Fence has a very dedicated and professional office personnel, sales, and field team to address any fencing needs. C. Agreement Statement Quality fence Co. Inc has been servicing Southern California for over 40 years in the fencing industry. Our level of performance, execution, commitment to our customer satisfaction as well safety standards are what we pride our companies long standing reputation on. On -Time Delivery: Quality Fence certifies the timely and accurate delivery of or materials and services as promised. Timely Response: Quality Fence guarantees a consistent timely response to ALL service requests. Quality as Specified: Quality Fence guarantees to provide products and/or service meeting or exceeding the specification at our quoted price. • Quality Control: Quality Fence guarantees to use methods and procedures to assure quality control of service and the material supplied. • Customer Satisfaction: Quality Fence guarantees to resolve ANY customer concerns regarding the quality of service or material supplied. City Council 16 — 97 4/18/2023 D. Firm and Team Experience Firms Nearest Address/Headquarters: 14929 Garfield Ave. Paramount, CA 90723 Supervising Project Manager: Alfredo Reyes (213)210-7884 Email: areyes6D-gualityfencesocal.com Quality Fence Co Inc has been in the fence industry since 1964. We hold a C-13 Chain Link Fence, C-23 Ornamental Iron and a B General Contractor License. We run (15) 2- man trucks that are fully equipped to handle your fencing needs. We manufacture our own iron fencing and gates, along with all our chain link gates, handrails, pipe gates, etc. We are a full -service company and can supply you with the following: E. proposed Work Plan Chain Link Iron Wood Welded Wire Mesh Barb Wire Razor Wire Pipe Gates Privacy Slats Concrete Work Electric Gates Entry System Personnel and Contacts Name/Tftle Phone Number Ty Cavanaugh — Head of Sales Frank Tobias — Dispatch/Sales Shawn Cavanaugh —Yard Manager/Sales Toni Hoover—Controller/Payroll/Human Resources Natalie Reyes — Labor Compliance/Contract Specialist Maria Medina —Administrative Assistant (323 )712-3793 (323) 816-6485 (323) 712-2400 (909)238-0950 (909) 223-5852 (562)964-1745 City Council 16 — 98 4/18/2023 Alfredo Reyes —Vice President of Sales/Electric Gate/Motor Specialist (213) 210-7884 Yard Personnel/ Welders — 3 Automated Entry Technicians — 2 Crews — (15) 2-man crews with fully equipped trucks Quality Fence has a strong team with the knowledge and experience to execute scope of service that is expected from the City of Santa Ana. Our company looks forward to an Outstanding Working Relationship with the city of Santa Ana. Sincerely, William Cavanaugh President City Council 16 — 99 4/18/2023 Public Works Agency www.santa-ana.org/public-works Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Agreements for On -Call Material Testing and Special Inspection Services AGENDA TITLE Approve Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc., for a Total Amount Not to Exceed $2,950,000, for On -Call Material Testing and Special Inspection Services (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a Caltrans federally procured agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On -Call Material Testing and Special Inspection Services, for a shared aggregate amount not to exceed $950,000, for a term beginning April 18, 2023 and expiring July 5, 2024, with provisions for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute the first amendment to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. to provide On - Call Material Testing and Special Inspection Services, and increase the contract amount by $1,000,000 for a total amount not to exceed $2,000,000, for the remaining term through July 5, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Under the City's Capital Improvement Program, a number of construction projects will take place over the next several years. These projects include street paving, traffic signals, underground utilities, buildings, bridges, and park facility improvements. The total value of construction is currently estimated to exceed $100 million. In order to maintain high quality construction, the City intends to retain testing and inspection firms to provide quality assurance services for these projects. The Public Works Agency released Request for Proposals (RFP) No. 20-111, by which it sought the services of a professional engineering firm to provide on -call materials testing and special inspection on an "on -call" basis for the City's Public Works Agency. The RFP was advertised on the City's online procurement management and publication system. Seventeen proposals were received and evaluated by a selection committee City Council 17 — 1 4/18/2023 Approve Agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. April 18, 2023 Page 2 comprised of the Public Works Agency Engineering staff. Based on the criteria outlined in the RFP, the follo ing consists of top scoring firms and their rankings: Rank Firm City 1 AESCO, Inc. Huntington Beach, CA 2 Kleinfelder, Inc. Laguna Hills, CA 3 RMA Group, Inc. Carson, CA Approval of the Recommended Action No. 1 will authorize the federal set of consultant agreements for future task orders authorized for grant -funded projects that require adherence to Caltrans Architecture and Engineering requirements. Once identified on an as -needed basis, task orders will be issued under the Caltrans version of the On -Call agreement (Exhibits 1-3). Approval of Recommended Action No. 2 will authorize the first amendment to increase the shared total aggregate amount of the standard agreement (Exhibits 4-6), which was previously approved by City Council on July 6, 2021. City Council previously authorized this agreement, and staff is proposing to add funds for continued services necessitated under this standard version of the contract. The recommendation to award contracts was delayed until the City received authorization and clarity from Caltrans regarding federal requirements. Those matters have been resolved and the top rated firms have agreed to honor their proposals. The selected entities provide material testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting, and other quality assurance services when required. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on -call services, Public Works Agency staff must receive Finance and Management Services Agency approval of funding and project activities to be used to ensure funds are available under the authorization limit of $950,000 for any federally funded projects, and under the shared aggregate for any projects using local or discretionary funds. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. Funds will be budgeted and available for expenditure for the remaining fiscal year, and carried forward for consideration in future fiscal years within the Agreement terms in the following, and various other, Public Works Contract Services -Professional Accounts: Division Account City Facilities License Agreement 01117605-62300 Traffic and Transportation Engineering 01117620-62300 City Council 17 — 2 4/18/2023 Approve Agreement with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. April 18, 2023 Page 3 Traffic Signal Maintenance 02917620-62300 Sanitary Sewer Enterprise 05417617-62300 Sanitary Sewer Enterprise 05517660-62300 Sanitary Sewer Enterprise 05617640-62300 Fed Clean Water Protection 05717640-62300 Residential Street Improvement 05817660-62300 Water Enterprise 06017645-62300 Water Enterprise 06617647-62300 Construction Engineering 08617611-62300 Design Engineering 08617612-62300 Traffic Engineering 08617620-62300 Administrative Services 10117601-62300 Development Engineering 10117605-62300 CIP Project Funding Various Street Lights Maintenance 01117630-62300 Roadway Marking/Signs 01117625-62300 Graffiti Abatement Program 01117642-62300 Street Trees 01117643-62300 Sidewalks 01117626-62300 Environment/Sanitation 06817640-62300 Roadway Cleaning 06817641-62300 Median Landscaping 02917635-62300 Roadway Maintenance 02917660-62300 EXHIBIT(S) 1. Agreement with AESCO, Inc. for On -Call Material Testing and Special Inspection Services - Caltrans Version 2. Agreement with Kleinfelder, Inc. for On -Call Material Testing and Special Inspection Services - Caltrans Version 3. Agreement with RMA Group, Inc. for On -Call Material Testing and Special Inspection Services - Caltrans Version 4. Amendment with AESCO, Inc. for On -Call Material Testing and Special Inspection Services 5. Amendment with Kleinfelder, Inc. for On -Call Material Testing and Special Inspection Services 6. Amendment with RMA Group, Inc. for On -Call Material Testing and Special Inspection Services Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 3 4/18/2023 EXHIBIT 1 AGREEMENT WITH AESCO TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and between AESCO, 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 September 2, 2020 the City issued a Request for Proposal ("RFP") No. 20-111, by which it sought qualified consultants to provide on -call material testing and special inspection services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 20-111. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 20-111, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 20-111 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS 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 Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 20-111. The total compensation for services provided by all consultants selected under RFP 21-105 City Council flagc17 — 4 4/18/2023 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. C. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. e. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. City Council 17 — 5 4/18/2023 j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by City Council 17 — 6 4/18/2023 Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on April 18, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on July 5, 2024, unless terminated earlier in accordance with Section 21, 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. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this City Council 17 — 7 4/18/2023 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. 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. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all 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. re City Council 17 — 8 4/18/2023 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 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 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 property damage. (iii) Workers' Compensation insurance 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity 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 Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, 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 1185 or both CG 20 10, CG 20 26, CG 20 33, City Council flagc17 — 9 4/18/2023 or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity 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 Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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 Entity. (vi) 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 Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. 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" coverage for a minimum of five (5) years after completion of contract work. OF City Council Page17 — 10 4/18/2023 (viii) Verification of Coverage. Consultant shall furnish the Entity 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 17 —11 4/18/2023 10. 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. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 City Council flagc17 — 12 4/18/2023 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. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 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: Jennifer L. Hall City Clerk 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 17 — 13 4/18/2023 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Adam Chamaa, PE, GE Vice President AESCO, Inc. 17782 Georgetown Lane Huntington Beach, CA 92647 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. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation City Council 17 — 14 4/18/2023 to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. City Council 17 — 15 4/18/2023 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. City Council 17 — 16 4/18/2023 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business City Council 17 — 17 4/18/2023 Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and 4 re City Council 17 — 18 4/18/2023 the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); City Council 17 — 19 4/18/2023 • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or City Council 17 — 20 4/18/2023 determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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. [SIGNATURES ON FOLLOWING PAGE] City Council 17 — 21 4/18/2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: `-Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager AESCO, INC. By: Kay Alabed Title: President City Council 17 — 22 4/18/2023 EXHIBIT A SCOPE OF SERVICES City Council 17 — 23 4/18/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO.20-111 INTRODUCTION/BACKGROUND Under the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The total value of construction is estimated to exceed $100 million. In order to maintain high quality of construction, the City intends to retain testing and inspection firms to provide quality assurance services for those projects. The selected firms are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as -needed basis. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. The City desires to enter into Agreements with multiple top-ranking firms for an initial three (3)- year term, with a City option to exercise one (1), two (2)-year extension period. The annual amount to be expended under the Agreement will vary at the City's discretion and will be dependent on available funding. City of Santa Ana RFP 20-111 City Council age 17 — 24 4/18/2023 A. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: ♦ Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning and Building Agency prior to start inspection. ♦ Perform tests on various construction materials as required by the City. Available tests may include the following: o Mix Designs o Concrete o Concrete Blocks o Brick Masonry o Masonry Prisms o Mortar and Grout o Fireproofing o Soils and Aggregates o Asphalt Concrete o Reinforcing Steel o Environmental ♦ Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. ♦ Recommend testing method on defective work and advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. ♦ Provide other quality control services as requested by the City. ♦ Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. City of Santa Ana RFP 20-111 City Council age 7 — 25 4/18/2023 ♦ Submit a final report to the City within five working days upon completion of each project. B. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' construction manual and the following: Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, by the National Institute Certification of Engineering Technologies, or by other authority acceptable by the Construction Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate must be on file in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. ♦ The testing laboratory must be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his/her supervision. ♦ The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. ♦ The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: ♦ AASHTO Materials Reference Laboratory (ARML) ♦ Cement and Concrete Reference Laboratory (CCRL) ♦ Caltrans' Reference Samples Program (RSP) Acceptance Testing and Sampling ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. City of Santa Ana RFP 20-111 City Council age 7 — 26 4/18/2023 Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Engineer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate samples are taken at the job site, results of these tests should be submitted within 72 hours. ♦ Results of compaction and density tests taken at the job site should be submitted within 24 hours. ♦ When samples of soils and asphalt concrete are taken at the job site, R-value and result of asphalt extraction test should be submitted within 96 hours. Independent Assurance Sampling and Testing The selected firm shall establish and maintain an Independent Sampling and Testing (ISAT) program: ♦ To verify that the project sampling and testing are performed correctly by the testers and samplers. ♦ To ensure the equipment is properly calibrated. ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Engineer with a report indicating actions to be taken by the selected testing firm when discrepancies are found between ISAT and acceptance tests (AT). C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: LAPM Exhibit 10-H: Sample Cost Proposal City of Santa Ana RFP 20-111 City Council age 7 — 27 4/18/2023 • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https://dot.ca.gov/-/media/dot-media/programs/local- assistance/documents/lapm/ch 1 O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (112 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: https:Hdot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 20-111 City Council age 7 — 28 4/18/2023 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) City Council 17 — 29 4/18/2023 AESCO Orange County 17782 Georgetown Lane Huntington Beach, California 92647 Tele: (714)375-3830 Fax: (714)375-3831 San Bernardino County 14163 Arrow Boulevard Fontana, California 92335 Tele: (909) 284-9200 Fax: (909)284-9201 REQUEST FOR PROPOSALS MATERIAL TESTING AND SPECIAL INSPECTION SERVICES RFP NO.20-111 AESCO Proposal No. P6513 Attention: Mr. Sean Thomas Project Manager AESCO 17782 Georgetown Lane Huntington Beach, California 92647 Tele: (714) 375-3830 Fax: (714) 375-3831 September 30, 2020 4-t nQAA1W Material Testing/Inspection ♦ Environgenrra?Q Geotechnical EngineeritN�WIQ23 ,. Orange County San Bernardino County 17782 Georgetown Lane 14163 Arrow Boulevard Huntington Beach, California 92647 Fontana, California 92335 Tele: (714) 375-3830 Tele: (909) 284-9200 AESCO Fax: (714) 375-3831 Fax: (909) 284-9201 September 30, 2020 Mr. Sean Thomas, Project Manager City of Santa Ana Public Works Department 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Subject: Request for Proposals Material Testing and Special Inspection Services RFP NO.20-11 AESCO Proposal No. P6513 Dear Mr. Thomas: AESCO is pleased to present this response to the Request for Proposal to provide on -call material testing and special inspection services for the above -referenced project. AESCO is located at 17782 Georgetown Lane, Huntington Beach, CA 92647; 714-375-3830; 714-375-3831 (fax); email:adam.chamaa@aescotech.com; and website: www.aescotech.com. AESCO is a woman -owned corporation (incorporated in California) and has been in operation since 1993, a total of 27 years. Ms. Kay Alabed is the President of AESCO and Mr. Adam Chamaa, PE, GE is the Vice -President. Either person is authorized to make commitments on behalf of AESCO. • AESCO is SBE, DBE/UDBE, WBE, and CBE certified. • Laboratory is DSA, Caltrans and City of Los Angeles certified. • Member of the Independent Assurance Program with Caltrans, CCRL, and AMRL. • Clients include OCTA, the County of Orange, CalTrans, MTA; the Cities of Huntington Beach, Santa Ana, Villa Park, Moreno Valley, Lynwood, Lakewood, Buena Park, and Riverside. • AESCO currently holds the on -call contract for the City of Santa Ana Capital Improvement Projects. Scope of Work The scope of work consists of providing quality assurance services for street pavement, traffic signal, underground utility, building, bridges, and park projects in the next few years. Testing and inspections for construction activities will include, but not be limited to, grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and other quality assurance services for the Capital Improvement Program. Inspections and testing will be provided for the installation of precast and cast in -place concrete, welding, high strength CItyCCQ9 1Ajbn Material Testing/Inspection ♦ EnvironnUnra-IVGeotechnical Engineering 4109023 bolts, structural steel, masonry and other types of work in accordance with the California Building Code (CBC) and the contract documents. AESCO currently has 35 employees, with 4 registered engineers and geologists and we are a member of Union Local 12 and can obtain additional inspectors as needed. All materials testing and special inspections, observation services, and geotechnical engineering will be provided under the technical direction of a full-time registered professional engineer with a minimum of thirty-five years' experience in geotechnical engineering and construction materials testing and deputy inspection. Diaz and Yourman Associates (DYA) will be a sub -consultant to AESCO and meet the requirements of the DBE program. AESCO will respond within 24-hours upon request by the Department. All testing will be performed in AESCO's Caltrans, ARML, CCRL, City of Los Angeles, and DSA approved laboratory and all work will be in compliance with applicable governing local, State and Federal agencies and laws. AESCO has used cloud computing and ShareFile� other forms of technology to streamline client communication, improve the documentation process and provide technicians an efficient way to record results. Allowing, clients and team members the ability to verify and track the status of our field, shop and lab work. This method has improved project tracking, collaborating on solutions and ensuring the project is inspected in accordance with the contract documents and intent of the design professionals. This proposal is signed by Mr. Adam Chamaa, P.E., G.E. who is authorized to bind AESCO. If you need further assistance regarding this matter, please give feel free to call either myself or Ms. Debra Perez. We look forward to hearing from you. Very truly yours, AESCO, Inc. Adam Chamaa, MSCE, P.E., G.E. Debra Perez Engineering Manager Project Manager Kay Alabed President City Council 17 — 32 4/18/2023 AESCO AESCO Proposal No. P6513 Statement of Qualifications Statement of Qualifications Table of Contents SectionA Cover Letter......................................................................................................... Section B Contract Agreement Statement..........................................................................2 Section C Firm and Team Experience................................................................................2 Section D Understanding of Need......................................................................................9 Section E Relevant Project Experience............................................................................12 SectionF References........................................................................................................20 Appendix A Resumes Appendix B Forms Construction Material Testing/ Inspection ,, e z i c a Environ Ity coTech.com 7 — 33 4/8/ z aP2Q3a a ra d Zl AESCO AESCO Proposal No. P6513 Statement of Qualifications Section B: Contract Agreement Statement AESCO has reviewed the City of Santa Ana Sample Consultant Agreement and we accept all of the provisions as contained within the Agreement in Attachment 2 of the Appendix. Section C: Firm and Team Experience AESCO is a woman -owned corporation (incorporated in California) and has been in operation since 1993. AESCO is headquartered at 17782 Georgetown Lane, Huntington Beach, California 92647 and we currently have thirty-five employees. We also have a second office in Fontana, California. Mr. Adam Chamaa, P.E., G.E. will be the single point of contact for this proposal and he can be reached at 714-375-3830 or emailed at Adam.ChamaagAescotech.com. AESCO is SBE, DBE/UDBE, WBE, and CBE certified. AESCO's laboratory is certified by DSA, Caltrans and City of Los Angeles. AESCO has been involved in a number of projects involving QA/QC construction materials testing and inspection and geotechnical engineering for various clients including the Cities of Los Angeles, Costa Mesa, Inglewood, Long Beach, Diamond Bar, Lakewood, Huntington Beach, Lynwood, Riverside, Buena Park, Irvine, Santa Ana; the Los Angeles Unified School District; Alhambra School District; SANBAG; Caltrans; Los Angeles Metropolitan Transit Authority (MTA); and the Orange County Transportation Authority (OCTA). AESCO currently holds the on -call contract for testing and inspection services for the City of Santa Ana Capital Improvement Projects. AESCO has NEVER had any OSHA citations. AESCO has never had any outstanding or pending complaints through the Better Business Bureau, State of California Department of Consumer Affairs. Sub -Consultants Diaz•Yourman & Associates (DYA) is a privately held geotechnical consulting services corporation, founded in December 1992. DYA has grown in size, capacity, and breadth of services to 23 employees, including 17 engineers, the majority of whom have advanced degrees in geotechnical engineering. Our engineers are supported by a staff of technicians, word processors, and drafters (ArcGIS, AutoCAD and MicroStation), and an extensive technical library. Our corporate office is located at 1616 East 17th Street, Santa Ana, California 92705; telephone number (714) 245-2920, fax number (714) 245-2950. We have been recognized by our peers for technical excellence and innovative solutions to liquefaction mitigation. This includes 10 Outstanding Project Awards from our peers at Ca1Geo: LAX Terminal 1 Modernization (2018), LAX Central Utility Plant Replacement (Design/Build) (2016), Anaheim Regional Transportation Intermodal Center (2015), LAX Tom Bradley International Terminal (2013), Port of Los Angeles Cabrillo Way Marina Development (2010), Port of Long Beach Joint Command and Control Center (2007), Port of Long Beach Pier T Container Terminal (2004), Port of Los Angeles Pier 400 Buildings (2003), Henry Ford Avenue Grade Separation (2001), and Port of Los Angeles Pier 300 Construction Material Testing/ Inspection Environ Tech.com 17-34 e z i c a AESCC AESCO Proposal No. P6513 Statement of Qualifications Container Terminal (1997). In addition, DYA provided geotechnical services on projects for which the entire project received awards, such as the Orange County Groundwater Replenishment project, which won 2009 local, state, and national awards from the American Society of Civil Engineers (ASCE) and the American Council of Engineering Companies (ACEC); the SR-22 Design/Build Widening, La Canada Flintridge Inverness Drive Slope Repair, Orange County Transportation Management Center, Balboa Phase I Improvements, and the Alameda Corridor. DYA is a certified Race Conscious Minority Business Enterprise and Disadvantaged Business Enterprise (MBE/DBE) under the California Unified Certification Program (CUCP). q'F R VTr1F'q Construction Materials Testing and Inspection Services AESCO operates a construction materials engineering (CME) laboratory in Huntington Beach, California, and is capable of performing in-house or on -site testing and inspection services. Our laboratory produces thousands of reports annually involving concrete, aggregates, soils in -place, and bituminous materials. AESCO also regularly tests and inspects brick, granite, stone masonry, mortar, reinforcing steel, and manufactured elements such as pre -stressed beams and pre -cast panels. Engineering consultation and inspection services are available for each phase of construction including: • Aggregate Evaluation • Concrete Mixtures -Design, Inspection, and Testing • Bituminous Materials Testing • Up to 600,000-pound universal test machines • Charpy V Notch test apparatus • Rockwell hardness testing machines • Refractory Testing • Concrete Masonry Block • Roof Inspection and Testing • Soils Compaction and Stabilization Tests and Inspection • Structural Steel Fabrication and Erection Inspection and Testing • Qualification of Welders and Procedures • Welding Inspection • Rebar Inspection and Testing • NDT Testing and Inspection Mobile Laboratory AESCO operates a fully functioning, self-sufficient mobile laboratory which can provide immediate and reliable test results for any project. The mobile laboratory can perform on - site testing for rapid strength concrete, maximum density -optimum moisture tests for rapid compaction testing results, sieve analysis, Atterberg Limits, Sand Equivalent tests, aggregate Construction Material Testing/ Inspection Environ Tech.com 17-35 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications testing, asphalt, etc. Our laboratory is Caltrans certified. The mobile laboratory has a compression testing machine for concrete, ovens, equipment to fabricate test specimens, curing containers, water tanks and pumps, and portable generators. Geotechnical Engineering Capabilities AESCO's geotechnical investigations have included: foundation and pavement design, settlement problems, compaction monitoring and testing, shallow and deepened foundations, pressure injected footings, earth retaining structures, landslide analysis and control, expansive/collapsing soils, underpinning and special foundations, construction dewatering and drainage, pipelines and utilities, liquefaction analyses, and fault evaluation. Laboratory testing is performed using ASTM, AASHTO, and other applicable specifications and guidelines. Environmental Engineering Capabilities AESCO can provide a full range of Environmental Engineering services that are vertically integrated to deliver a complete "turnkey" package including: Phase I -Initial Environmental Site Assessment (ESA), the Phase II -Investigation, Phase III-Remediation and Mitigation Design, and Final Close Out Report. In addition, AESCO provides a range of Regulatory Compliance services. AESCO also provides regulatory compliance and guidance associated with UST programs, potable water systems and methane and soil -vapor monitoring. Proposed Staffinu AESCO's staff includes 4 registered Engineers and Engineering Geologists licensed in the State of California. As AESCO is located within Orange County, we have extensive experience in the area and have worked for various cities and jurisdictions including: the Cities of Santa Ana, Irvine, Huntington Beach, Villa Park, Buena Park, Anaheim, Caltrans and Orange County Transportation Authority. Resumes of AESCO's project team are included within the Appendix. A brief overview of key personnel is presented below. PERSONNEL SUMMARY Name Years of Experience Education/Credentials Adam Chamaa 35+ B.S. Civil Engineering Engineering M.S. Civil Engineering Manager Licensed California Engineer (P.E.) Licensed California Geotechnical Engineer (G.E.) Nuclear Density Machine Operator Russell J. Scharlin 40+ B.S. Civil Engineering Geotechnical M.S. Civil Engineering Engineer Licensed California Engineer (P.E.) Licensed California Geotechnical Engineer G.E. Andrew Stone, 30+ B.S. Geology Engineering Certified Geologist C.G. Construction Material Testing/ Inspection Environ Tech.com 17-36 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Name Years of Experience Education/Credentials Geologist Certified Engineering Geologist (C.E.G.) Debra Perez 40+ B.S. Renewable Natural Resources Project Manager Nuclear Density Machine Operator David J. Ryan, P.E. 40+ B.S. Civil Engineering Senior Engineer Licensed California Engineer, P.E. C.E. No. C49661 Kay Alabed, 27 B.S., Dental Medicine Project Coordinator Omar Chamaa 15 B.S., Civil Engineering Field and Quality E.I.T. Certificate No. 135299 Control Engineer Hazardous Materials 40-hour Training ICC Certified Reinforced Concrete Caltrans Certificate of Proficiency for: Calculations Pertaining to Gradings & SpG, Sampling Highway Materials & Products, Soil & Aggregate Sample Preparation, Sieve Analysis of Fine & Coarse Aggregates, Sand Equivalent, Air Content, Freshly Mixed Concrete, Pressure, Density of Fresh Concrete, Flexural Strength of PCC, Ball Penetration in Fresh Portland Cement Concrete, Sampling Freshly Mixed Concrete, PCC Cylinder Fabrication, Air Content of Freshly Mixed Concrete -Volumetric Method, Slump of Fresh Portland Cement Concrete, Temperature of Freshly Mixed Portland Cement Concrete City of Newport Beach Deputy Inspector City of Garden Grove Deputy Inspector City of Long Beach Deputy Inspector City of Riverside Deputy Inspector Radiation Safety and Use of Nuclear Gage ACI Concrete Field Testing Technician TWIC Steve Crumb 11 B.S. Civil Engineering (in progress) Laboratory Manager California State University, Long Beach Civil Engineering Cerritos College ACI: Concrete Laboratory Testing Concrete Field Testing Concrete Strength Caltrans Calculations Grading Agg. Sampling Sample Prep. Soil and Agg. Sieve Analysis Percent Crushed Particles Relative Compaction Sand Equivalent Moisture Content Construction Material Testing/ Inspection Environ Tech.com 17-37 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Name Years of Experience Education/Credentials Cleanness Durability Compressive Strength Flexural Strength Flexural Strength-PCC Sampling Fresh Concrete AASHTO: Sieve Analysis -Fine Sieve Analysis -Coarse and Fine Reducing Samples of HMA Reducing Samples of Agg. Sand Equivalent Evaporable Moisture Content Moisture Content-HMA Percent Tariq Abdullah 15 B.S., Geology Senior Laboratory Caltrans Certificate of Proficiency for: Technician Calculations for Gradings & SpG, Soil & Aggregate Prep., Sieve Analysis of Fine & coarse Aggregates, Percentage of Crushed Particles, Specific Gravity & Absorption of Fine and coarse Aggregate Sand Equivalent, Moisture content, Cleanness of Coarse Aggregate, Durability Index, R-Value Soils and Bases, Preparation of Bituminous Mixtures for Testing, Bulk Secific Gravity & Deniity of Bituminous Mixtures, Theoretic Max Specific Gravity & Density of Bituminous Paving Mixtures, Stabilometer Value, Moisture Content using Microwave, Asphalt Content of Bituminous Mixes, Ignition Method NICET Level II for: Asphalt, Concrete, Soil Radiation Safety and Use of Nuclear Gage Christopher J. Sobek 17 Coastline Community College, Orange Coast Inspector College, Orange County Inspection Certificate: Building Inspection, Concrete/Masonry Blueprint Reading, Wood/Steel Framing, Fire & Life Safety, Welding Technology, Electrical, Plumbing, Coastline Community College, Orange Coast College, Orange County ICBO/ICC-Reinforced Concrete, Prestress Concrete, Structural Steel/Welding, Structural Mas, Fireproofing, Building Inspection and Plumbing ACI Laboratory Testing -Grade I and Grade II, Transportation Radiation Safety and Use of Nuclear Gage Competent Person Training Post -Tensioning Institute in Unbonded Tendons Asphalt Institute in Mix Design Technology DSA Class I OSHPD Class A Construction Material Testing/ Inspection Environ Tech.com 17-38 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Name Years of Experience Education/Credentials AWS-CWI NICET Level II Highway Construction Materials 30-hour Hazardous Waste Giovanni Michael 11 Caltrans Certificate of Proficiency for: Air Inspector Content, Freshly Mixed Concrete, Pressure, Density of Fresh Concrete, Flexural Strength of PCC (Fabrication only), Ball Penetration in Fresh Portland Cement Concrete, Sampling Freshly Mixed Concrete, PCC Cylinder Fabrication, Slump of Fresh Portland Cement Concrete, Temperature of Freshly Mixed Portland Cement Concrete County of Los Angeles Certified Inspector Note: Certificates are available upon request. SUBCONSULTANTS years of Name Education/Credentials Ex erience DIAZ YOURMAN AND ASSOCIATES Somadevan 20 B.S. Civil Engineering Niranjanan, P.E., M.S. Civil Engineering G.E., Geotechnical Licensed Professional Engineer (P.E.) Manager Licensed Geotechnical Engineer (G.E.) Jorge Sandoval 30+ B.S. Civil Engineering Geotechnical M.S. Soil Mechanics Engineer Licensed Professional Engineer (P.E.) Licensed Geotechnical Engineer G.E. Construction Material Testing/ Inspection Environ Tech.com 17-39 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Request for Proposals Material Testing and Special Inspection Services RFP NO.20-11 AESCO Proposal No. P6513 Engineering Manager Adam Chamaa, P.E., G.E. (AESCO) QA/QC Manager Russell Scharlin, P.E., G.E. (AESCO) Project Engineer David Ryan, P.E. (AESCO) Geotechnical Engineers (Diaz Yourman) Somadevan Niranjanan, P.E., G.E. Jorge Sandoval, P.E., G.E. Project Manager Debra Perez (AESCO) Engineering Geologist Andrew Stone, C.G., C.E.G. (AESCO) Project Coordinator Kay Alabed (AESCO) Materials Testing and Inspection (AESCO) Omar Chamaa Giovanni Michael Christopher J. Sobek Soil and Materials Laboratory Manager Steve Crumb (AESCO) Senior Laboratory Technician Tariq Abdullah (AESCO) Construction Material Testing/ Inspection Environ Tech.com 17-40 e z i c a AESCO Proposal No. P6513 Statement of Qualifications AESCO AESCO Resource Allocation Matrix Percentage Job Title Task Availability Engineering Manager/Geotechnical Project Coordination meetings and 45-55 Engineer scheduling/Geotechnical Engineering Quality Control Manager Reviews all reports and test reports for 85-90 accuracy and completeness Project Manager Report preparation and submittals 40-50 Field Engineer Site inspection and technical reviews 100 Senior Inspector Laboratory testing and field inspection 100 Diaz Yourman and Associates Percentage Job Title Task Availability Geotechnical Engineer Review laboratory tests, inspection 55-70 reports and RFI/submittals Construction Material Testing/ Inspection Environ Tech.com 17-41 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Section D: Understanding of Need Project Understanding The project consists of providing quality assurance services for street pavement, traffic signal, underground utility, building, bridges, and park projects in the next few years. Testing and inspections for construction activities will include, but not be limited to, grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and other quality assurance services. Inspections and testing will be provided for the installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry and other types of work in accordance with the California Building Code (CBC) and the contract documents. Field reports will be submitted daily to the City's Public Works Agency and the Planning and Building Agency and to other concerned parties and a final report will be provided within five days after work is completed. All deputy inspectors will be registered with the City's Planning and Building Agency prior to the start of inspections. Available tests may include the following: mix designs, concrete, concrete blocks, brick masonry, masonry prisms, mortar and grout, fireproofing, soils and aggregates, asphalt concrete, reinforcing steel, and environmental. Inspectors will be certified for confined space and fall protection. AESCO will recommend testing methods on defective work and advise the City of acceptance standards. Source inspection for concrete and asphalt concrete at mixing plants and other materials at their source will be provided in accordance with project specifications. All testing will comply with the City's QAP and conducted under the supervision of a registered engineer (P.E.) who will certify all test results. All personnel and laboratory personnel will possess applicable certifications; understanding and extensive experience with FEMA, AASHTO, ASTM, Caltrans, and local guidelines; laboratory and staff shall maintain current Caltrans accreditation; and contracted laboratories will maintain same licensing as primary consultant. AESCO will comply with all requirements of Caltrans Construction Manual including certification of personnel and is a part of an independent assurance testing and sampling program and correlation testing program through ARML, CCRL, AASHTO, and Caltrans RSP. Aggregate samples obtained at the material source shall be tested for sand equivalent, cleanness value and sieve analysis within 24 hours. Test results for soil and aggregate samples obtained at the job site are to be reported within 72 hours. Test results for compaction and density tests are to be reported within 24 hours. Test results for soils and asphalt obtained at the job site (R-Value, asphalt extraction, etc.) are to be reported within 96 hours. Methodology for Materials Testing and Inspection AESCO's method of operation is the following: • Prior to the start of any project AESCO will become familiar with the contract documents, project plans, technical specification, existing site(s) and conditions, and other pertinent project documents. • Prior to the start of any project AESCO will meet with the CITY to review staffing, project needs, coordinate inspections and testing, review budget controls, and will also attend the pre -construction meeting(s) if requested. • AESCO provides a 24-hour live answering service and one of our Project Engineers Construction Material Testing/ Inspection Environ Tech.com 17-42 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications is always available to answer any technical or scheduling issues. Technicians shall be available upon 24-hour notice and for occasional night work. • AESCO digitally controls all assigned tasks to our technicians and each unit of service is closely watched by our project manager. AESCO does not exceed the assigned budget for its services prior to authorization by the CITY. • The inspector (or inspectors) then arrives at the site to perform the required testing and inspections. The technician will arrive at the site with the correct equipment, calibrated to existing standards with documentation. Equipment calibration shall be performed prior to the start of work and costs are included in the total hourly rate for field services. All samples will be transported from the project site to the laboratory for testing as required. • All breaks and laboratory testing is scheduled through our electronic dispatch system where notification is atomically issued to the laboratory manager to perform specific tests, such as; breaks of concrete cylinders at a schedule of 7-day, 14-day and 28-day breaks; beam breaks; masonry block breaks; prism breaks; etc. • Daily field reports and test results are created digitally in a standard report format and emailed within 24 hours of completion of the test or inspection to the CITY. Field testing/compaction results of subgrade or asphalt concrete shall be communicated to CITY personnel as soon as the tests have been completed, on same day of testing, with hard copy to follow. • Any test or inspection deficiencies, such as; failing compaction, concrete not reaching the required strength, concrete with high slump, cleanness of rebar, cleanness of footings, etc., will be discussed immediately with the CITY. Our professionals will provide practical solutions to critical issues encountered in the field, considering both cost and technical implications. • A final certification report of all inspection services performed summarizing test results and raw data will be submitted for review following completion of construction which will summarize all failed and passing tests. The report will include the tests performed, where the test was performed or the sample was taken, testing dates at time, and test standard used, the approximately quantity of material represented by the test, will clearly identify a pass or fail result, and will summarize findings, conclusions, results and recommendations. The report will be signed by a California Licensed Professional Engineer/Geotechnical Engineer. All laboratory reports and inspection reports are supervised, reviewed and signed by a California Licensed Professional Engineer/Geotechnical Engineer. • AESCO will comply with OSHA requirements Safety Standards. • All technicians are adequately insured for liability and property damage, and a copy of the policy will be forwarded to the CITY upon request. Vehicles bear the firm's name. • All inspectors are required to communicate on a daily basis with our Quality Control Manager who ensures that all work is being performed in accordance with the Quality Control Manual. • AESCO has been successful in consistently completing its projects within the assigned budget and schedule. We thoroughly evaluate our task and scope of work and build an efficient budget for our work. Therefore, we seldom exceed the budget Construction Material Testing/ Inspection • uLaur�ru[��cI3•ls3yuu[•r»ua�ux:�r�u�.r. Tech.com 17-43 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications or schedule. AESCO has a practice of obtaining advance approval from clients prior to initiating any work which will add costs to the originally approved budget. AESCO's commitment to quality assurance extends to field and laboratory staff that is certified in various technical disciplines by multiple agencies such as City of Los Angeles, Caltrans, ACI, NICET, and ICC. Field technicians and inspectors provide detailed documentation of construction operations and specification compliance. AESCO's accredited materials testing laboratory and collection of resourceful field equipment enable our professionals to efficiently determine precise methods for qualifying construction materials. Special Inspection and Materials Testing Philosophy and Process AESCO maintains a strict Quality Control Program (QCP). AESCO is a member of, and certified by several independent certification agencies, such as DSA, AMRL, CCRL, Caltrans, the City of Los Angeles, and the City of San Diego. AESCO is also part of the yearly reference sampling program for these agencies. These involvements ensure a rigorous training of AESCO's technicians and test method verifications. AESCO maintains current test manuals and standards. All laboratory testing and field investigations are supervised by AESCO's registered engineer. The test results are reviewed by AESCO's Engineering Manager and QA/QC Manager, each of whom has over 35 years of experience. Innovative and Flexible Approaches AESCO has used various approaches to save clients time and money as shown below: • An example of our approach is the emergency response AESCO provided to the City of Huntington Beach when a large sinkhole developed in the middle of one of the major thoroughfares; Warner Avenue. AESCO personnel were on -site around the clock to assist in the repair and to devise a dewatering system to be used during construction. AESCO's geotechnical engineers provided on the spot engineering recommendations and mitigations to expedite the repair. AESCO implemented and supervised a grout injection system to save the in -place utilities, existing structures, and the roadway. The project was completed approximately 20 percent earlier than was anticipated. • AESCO also provided emergency response to the Alhambra Unified School District when an excavation flooded at night due to broken water line at Garfield Elementary School. AESCO's Geotechnical Engineer was on -site at 7:00 A.M. on a Saturday to assist the District in mitigation of the problem and to stabilize the subgrade. • AESCO also responded to a slope failure along in Highway 330 near Lake Arrowhead. AESCO worked double shifts and weekends performing the geotechnical investigations and recommendations for the contractor to repair the road in a timely manner. Construction Material Testing/ Inspection • uLaur�ru[��cI3•ls3yuu[•r»ua�ux:�r�u�.r. Tech.com 17-44 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Section E: Relevant Project Experience HDPE Installation, Country Glen Way, City of Anaheim Anaheim, CA AESCO performed the materials testing and inspections for the installation of an HDPE waterline in the City of Anaheim. AESCO performed the testing and inspections of the trench backfill, subgrade and asphaltic concrete which was placed to restore the site to the original condition, including replacement of curb and gutter, cross gutter, sidewalk, landscape and irrigation, and paving. AESCO performed compaction testing of the trench backfill and subgrade. Asphalt testing was performed at the plant and as it was placed on the roadway. Classification testing was performed on the subgrade material and maximum density compaction testing was performed on the subgrade and asphalt in our Huntington Beach laboratory. Project Highlights: e Quality Assurance inspection and testing *Testing and inspection of asphaltic concrete *Testing and inspection of subgrade Start Date: 2018 Completion Date: 2018 Total Cost: $500,000 Client: City of Anaheim Role: Construction Materials Testing and Inspection Key Personnel Involved: Adam Chamaa, P.E., G.E. and Dave Ryan, P.E. Reference Tim Flint, Construction Manager, City of Anaheim I City of Anaheim 1200 South Anaheim Boulevard, Anaheim, CA 92805 1 Phone: 714-765-5271 1 E-mail: TFlint@anaheim.net Construction Material Testing/ Inspection Environ h.com 17-45 BdLrti01 .1# M ezica z d 4/18120,2& a. d Zd t FALM A" AESCD AESCO Proposal No. P6513 Statement of Qualifications 405 Freeway Widening JBetween SR-73 and I-605 Freeway, Orange County, CA-Caltrans AESCO is performing the Quality Verification materials testing and inspection during widening of e _ 7;7 3 " the 405 Freeway between Euclid Street and the 605 Freeway, a total of 16 miles. The widening project _ �.�includes the construction of new lanes on thesouthbound and northbound sides, new retaining walls, bridges, etc. The testing and inspection i services included a review of the concrete mix designs, concrete testing and inspection, concrete batch plant inspection, pile inspection and logging, rebar inspection, aggregate testing, welding inspection, subgrade testing and inspection, base material evaluation and testing, compaction testing and inspection, and asphaltic concrete testing. AESCO also prepared the Quality Manual for the project including all forms. An Aerially Deposited Lead (ADL) study was also performed. Project Highlights: • Construction Materials and Soils Inspection and Testing for Freeway Widening Project • Prepared Quality Control Manual for the project • Coordinating and managing construction materials testing and inspection services • Environmental Sampling of Aerially Deposited Lead (ADL) • Asbestos Survey and Abatement Oversight • Environmental assessment of clean import and hydrocarbon impacted soils • Geotechnical Engineering for retaining walls and corrosivity Project Challenges: • AESCO provided resolutions to non-conformance reports (NCR) related to quality issues during construction in a timely manner to keep the project on schedule. Provided corrective actions to be taken and measures to prevent future NCR's. AESCO provided complete documentation and research associated with any NCR (specifications, standards, and list of procedures) that were affected by the issue. AESCO recommended mitigation measures and action plans to resolve any NCR's. AESCO worked closely with the design -build team to prevent future NCR's from occurring. Start Date: 2018 Completion Date: 2023 (Projected) Total Cost: $1.9 billion Client: OC 405 Partners Role: QC Inspection and Testing Key Personnel Involved: Adam Chamaa, P.E., G.E., Russ Scharlin, P.E., G.E., Debra Perez, Omar Chamaa, Giovanni Mikhail, Chris Sobek, David Ryan, P.E. Reference Reem Hashem, Principal Contracts Administrators OCTA 1 550 South Main Street, Orange, CA 92868 1 Phone: (714) 560-5446 1 E-mail: Rhashem@octa.net Construction Material Testing/ Inspection Environ Tech.com 17-46 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications ON -CALL A&E CONSTRUCTION TESTING and INSPECTION SERVICES1 COUNTY OF ORANGE, DEPARTMENT OF PUBLIC WORKS, CA AESCO has held the on -call contract with the County of Orange to perform construction materials testing and inspections for the past 4 years. The scope of work has included concrete, grout mix design; observe and document formwork construction; observe and document placement of reinforcing steel; slump, temperature, and air entrainment tests of fresh concrete; cast, cure and test concrete cylinders for compressive strength (core Testing); observation of post tensioned concrete; gamma and X-ray radiographic inspection; and hardness testing. Projects have included the following: Aliso and Woods Canyon Visitor Center Restroom Remodel at Laguna Niguel Park Bike Rental Expansion at Irvine Park Fireman's Memorial Relocation at Irvine Park Earthquake Repair at George Key Ranch Historic Park Year -Round Emergency Shelter at Kraemer Park CTO Training Rooms at GAO New Restroom and Entry at Orange County Zoo Electronic Transformer Replacement at Irvine Ranch Parking Structure P8 in Santa Ana TFC Secure Parking and Gates Wima Shade Structure at Mason Regional Park Probation Building Chiller and Cooler Replacement Laundry Rehabilitation at Orangewood Children's Center New Restrooms at Laguna Niguel Regional Park New Restrooms at Ted Craig Regional Park 800 MHz Building in San Clemente 800 MHz Building at OC Sherriff s Office Westminster Library Improvements Orange County Data Plant Refresh Rancho Santa Margarita Library Improvements ADA Office Restroom, Santa Ana Mile Square Regional Park Improvements Reference Mr. Ted Pittman, Project Manager III I County of Orange, Department of Public Works 1143 E. Fruit Street Building 1, Santa Ana, CA 927011 Phone: (714) 425-8880 1 E-mail: Ted. Pittman@ocpw.ocgov.com Construction Material Testing/ Inspection • uLaur�ru[��cI3•ls3yuu[•r»ua�ux:�r�u�.r. Tech.com 17-47 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Metrolink Parking Structure 10range Transportation Center, Orange, CA AESCO performed the materials testing and inspections and environmental engineering for the new Metrolink parking structure at the Orange Transportation Center located at 130 North Lemon Street, Orange, CA. The new structure is 5 stories high with 2 subterranean levels and provides parking for 611 vehicles. AESCO performed the reviews for shoring plans, mix designs and mill certificates for post -tension elevated slabs. AESCO also performed environmental engineering which consisted of soil sampling for site characterization, air monitoring for dust mitigation, remediation oversight, soil confirmation sampling for remediation closeout, and Emergency UST abandonment. Soil sampling was performed to test for creosote and hydrocarbons at the location of old subsurface railroad ties and at other random locations for clean-up verification. A crack monitoring program was also implemented to ensure that no damage occurred to existing structures in the area of construction. The materials testing and inspection included shotcrete, grading, post - tensioning, reinforced concrete, tie -backs, welding, rebar, mortar, footings, epoxy dowels, prestressed concrete, grout, drilled -in anchors, and compaction. Project Highlights: • Construction Inspection and Testing for multi -level parking structure • Preformed construction materials testing and inspections • Environmental Engineering including soil sampling, air monitoring, and remediation oversight. • Performed plan reviews for shoring, mix designs and mill certificates • Project awarded 2020 ASCE Transportation Award Start Date: 2017 Completion Date: 2019 Total Cost: $33.2 million Client: Hill International for OCTA Role: QC Inspection and Materials Testing, Environmental Engineering and Monitoring, Crack Monitoring Key Personnel Involved: Adam Chamaa, P.E., G.E., Amer Hazboon, P.E., Omar Chamaa Reference Michael Tahan, Senior Vice Presidents Hill International for OCTA/Caltrans13130 B Inland Empire Boulevard, Ontario, CA 91764 Phone: (909) 262-4770 JFax: (909) 527-8590 1 E-mail: MIchaelTahan@hillintl.com Construction Material Testing/ Inspection • uLaur�ru[��cI3•ls3yuu[•r»ua�ux:�r�u�.r. Tech.com 17-48 e z i c a FALM A" AESCO AESCO Proposal No. P6513 Statement of Qualifications Main Street, Talbert Street and Heil Street Pavement Rehabilitation I Huntington Beach, CA AESCO performed the construction materials testing and inspections for rehabilitation of the, pavement on Main Street (between Garfield Avenue and Delaware Street), Talbert Avenue (between Gothard Street and Newland Street) and Heil Avenue (between Edwards Street and Goldenwest Street), including reconstruction of curb and gutters, sidewalks and retaining wall improvements and asphalt paving removal and replacement. Testing and inspections included excavation bottoms, placement of all structural fill, concrete, rebar, crushed miscellaneous base, asphalt paving including base and surface layers. Project Highlights: . Construction Inspection and Testing for pavement rehabilitation . Plan review . Concrete and Asphalt Mix Design Review . Inspection and Testing for soils, asphalt, base, rebar, concrete Start Date: September 2016 Completion Date: December 2016 Total Cost: $2.7M Client: City of Huntington Beach Role: OC Inspection and Testing Key Personnel Involved: Adam Chamaa, P.E., G.E., Omar Chamaa, David Ryan, P.E. Reference Joe Dale, Senior Contract Administrator I City of Huntington Beach 1 2000 Main Street, Huntington Beach, CA 92648 1 Phone: (714) 536-5431, E-mail: (dale@surfcity-hb.org Construction Material Testing/ Inspection Environ Tech.com 17-49 e z i c a _ DIAZ•YOURMAN t ASSOCIATES OCTA OC Streetcar Project, Santa Ana, CA The OC Streetcar project consists of the design and construction of a two -track streetcar system from the Santa Ana Regional Transportation Center (SARTC) in Santa Ana to the proposed Regional Transit Connection and station in Garden Grove, approximately 4 miles. The project also includes design and construction of a maintenance and storage facility and two new bridge structures. The maintenance and storage facility is planned to house all light revenue maintenance functions, including operations. This will accommodate administration, operations, maintenance, repair bays, and parts storage. A maintenance building, a wash building, parking lots, and a fire lane are also included. PROJECT EXPERIENCE The Santa Ana River Bridge is an approximately 356-foot-long, 3-span, precast, pre -stressed concrete, Caltrans, wide -flange girder bridge. Spans vary from approximately 80 to 138 feet and will carry the OC Streetcar light rail tracks over the Santa Ana River and adjacent Santa Ana River Trail. Traffic on the bridge consists of two tracks. Two reinforced concrete pier walls were proposed for the river piers. Short seat abutments on a single row of cast -in -drilled -hole (CIDH) piles were proposed to minimize earthwork, accommodate thermal movements, and use the same foundation type as the piers. The Westminster Avenue UP was proposed as an approximately 23 1 -foot-long, 2-span, cast -in -place, post -tensioned concrete box girder bridge. Spans are approximately 111 to 120 feet long and will carry the OC Streetcar light rail tracks over Westminster Avenue. Traffic on the bridge consists of two tracks. High, cantilever abutments were proposed to minimize span length. A single, non -skewed, oblong column bent was proposed to fit within the available 14-foot median width, measured face-to-face of curb, on Westminster Avenue. DYA provided a Phase I Hazardous Waste Environmental Site Assessment for the portion of the project within OCTA's Pacific Electric Railway right-of-way from Harbor Boulevard to North Raitt Street and a geotechnical investigation for the entire alignment, including soil borings, laboratory analysis, engineering analyses, and geotechnical reports. DYA subsequently performed a supplemental environmental site investigation in the Pacific Electric right-of-way and has been providing construction support and observation services. Key DYA Personnel: S. Niranjanan, PE, GE — Geotechnical Manager Christopher M. Diaz, PE, GE — Geotechnical Principal Chaitanya (KC) Kukutla, EIT — Environmental Engineer Jorge Sandoval, PE, GE — Construction Observation Owner: Orange County Transportation Authority Mr. William Farthing, PE Program Manager 550 S. Main St. Orange, CA 92863 bfarthing(kocta.net 714-560-5813 DYA Client: HNTB Mr. Terry Nash Vice President 200 East Sandpointe Avenue, Suite 200 Santa Ana, CA 92707 tnash =,hntb.com 480-262-5994 Completion Date: 2020 (Fall) City Council DYA Fees: $1,183,700 (To Date) 17-50 4/18/2023 AESCO AESCO Proposal No. P6513 Statement of Qualifications Projects that AESCO has worked on within and/or for the City of Santa Ana AESCO has held the on -call contract for materials testing and inspections and geotechnical and environmental engineering for the City of Santa Ana for the past 9 years. Santa Clara Sewer and Water Improvements Diamond Park Mutual Water Company Water Main Improvements First Street Bridge Replacement Project Parton Street Sewer Main Improvements Parton & Washington Street Westminster Sewer Replacement, Westminster Avenue East of Harbor Boulevard 17th Street Water Main Installation on Broadway and Bristol Walnut Pump Station Building Upgrade Lincoln Avenue and Santa Clara Flood Channel Emergency Project First Street Undercrossing Stormwater Lift Station 1200 block of First Street Utility Backfill for Multi -Streets in City of Santa Ana Cenntinela Yard Fire Rescue Pad 3401 Castor Street 3rd and Birch Street Parking Structure Warner & Susan Industrial Asphalt 16-6868 Plant RJ Noble III B 3 Orange Plant MS Megt Landscape Architecture, Center Street Urban Greening Fairview Maintenance Fairview and Segrestrom Parking Garage N. Spurgeon & 5th Street Paving Susan and South of McFadden Santa Ana Septic to Sewer Conversion Project Euclid Pavement Rehab San Lorenzo Sewage Lift Station Baker and Segestrom Civic Center Pavilion Plaza Pavement Condition Evaluation Shelton Street and West Wilshire Avenue OCTA Kitchen Project at the Santa Ana Bus Base 4301 McArthur Boulevard City Wide Residential Street Repair - Phase 15 Corner of MacArthur and Ramona Residential Street Repair Phase 16 & Santiago Park Roadway Improvement Edna Park 2140 W. Edna Dr, Santa Ana Broadway between McFadden & First Curb and Gutter Lyon Street Rehabilitation Chestnut Ave to First Street and Main -First intersection MacArthur Blvd. Rehabilitation - Bristol to Flower McFadden Rehabilitation, New Hope -Euclid Flower St. Bike Trail Gap Closure, MacArthur to Sunflower Phase 17 - Residential Street Repair, Lacy Street Local Street Slurry Seal 2013-2014 Santa Ana Zoo 1901 E. Chestnut Avenue Asphalt Coring Intersection Vance & Garfield Local Street Slurry Seal 2012-2013 Grand Widening from 1 st to 4th Street Maple Bike Trail Safety Enhancements at Occidental Street, Saint Andrew Place, and Saint Gertude Place Traffic Signal Installation at Raitt and Adams Street Class II Bike Lane on First Street Class II Bike Lane on Newhope Street Pico -Lowell Residential Street Repair Civic Center Drive Paving Construction Material Testing/ Inspection Environ Tech.com 17-51 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Chestnut Avenue (Standard to Grand), Alley Improvements and Chestnut Avenue Rehab (Broadway to Main) El Salvador Park Improvements Traffic Signal Installation Newhope and Camille Modification on Segerstrom and Bear Volvo Dealership 1400 South Dan Gurney Drive McFadden Between Harbor and Newhope Stadium Concrete Repair 602 N. Flower St., Santa Ana Wilshire Ave and Bochard Avenue Water Main Improvements Bristol & Segerstrom Continuous Welding Inspection 3rd Street and Bush Street Restroom ADA Office Restroom 100-036-036-PF36-1400 1143 Fruit Street Warner & Susan Industrial Asphalt 16-6868 Plant RJ Noble III B 3 Orange Plan Santa Ana Utility Improvements OCPW OOCH Probation Building Chiller- Cooling Replacement 909 N. Main Street OCPW Parking Structure P8 301 W. 5th Street Trench and Backfill 1420 W. Memory Lane Residential Street Rehab Raitt Street and Bishop Street Thornton Park prefab restroom 1801 W. Segrestrom Avenue Septic to Sewer Deodar & 17th Street Construction Material Testing/ Inspection Environ Tech.com 17-52 e z i c a AESCO AESCO Proposal No. P6513 Statement of Qualifications Section F: References Client: City of Huntington Beach Contact: Mr. Joe Dale, Contracts Manager Address: 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648 Phone No.: (714) 334-0118 Email: jdaleksurfcity-hb.org Services: On -Call Contract for Geotechnical and Environmental Engineering, Materials Testing and Inspection Dates: 2003-present Client: County of Orange Department of Public Works Contact: Mr. Ted Pittman, Project Manager Address: 1143 East Fruit Street, Building 1, Santa Ana, CA 92701 Phone No.: (714) 647-3947 Email: Ted.Pittmankocpw.ocgov.com Services: On -Call A/E Construction Testing and Inspection Services -Concrete Testing and Inspections Dates: 2015-present Client: City of Santa Ana Contact: Mr. Tyrone Chesanek, Senior Civil Engineer Address: 20 Civic Center Plaza, Santa Ana, CA 92702 Phone No.: (714) 647-5045 Email: TChesanekAsanta-ana.org Services: On -Call Contract for Materials Testing and Inspection Dates: 2011-present Client: OC 405 Partners for OCTA and Caltrans Contact: Mr. Azaam Saad, P.E., Contracts Manager Address: 3100 W. Lake Center Dr. 2nd floor, Santa Ana, CA 92704 Phone No.: (714) 318-3902 Email: A.saadAoc405.com Services: Quality Verification Materials Testing and Inspections Dates: 2018-present Client: City of Costa Mesa Contact: Mr. Bobby Fouladi, P.E., Associate Engineer Address: 77 Fair Drive, Costa Mesa, CA 92626 Phone No.: (714) 754-5222 Email: B obby.Fouladi@CostaMesaCA. Gov Services: On -Call Engineering Services Dates: 2016-present Construction Material Testing/ Inspection • uLaur�ru[��cI3•ls3yuu[•r»ua�ux:�r�u�.r. Tech.com 17-53 e z i c a EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL City Council 17 — 54 4/18/2023 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal NOTES: 1. Key personnel must be marked with an asterisk (") and employees that are subject to prevailing wage requirements must be marked with two asterisks (""").All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended 3. Billing rate = actual hourly rate * (1 + I CR) " (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification. EXHIBIT 10-H2 COST PROPOSAL Page 2of3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Diaz Yourman & Associates Project No. RFP No.: 20-111 Contract No. D Prime Consultant D Subconsultant Date October 7, 2020 SCHEDULE OF OTHER DIRECT COST ITEMS Add additional pages as necessary Description of Item Quantity Unit Unit Cost Total Nuclear Gauge 1 Daily $ 75.00 $ 75.00 Truck 1 Daily $ 75.00 $ 75.00 Travel / Mileage IRS Rate $ 0.00 Outside Costs (Maps, Drillers, Laboratory Testing, Traffic Control) TBD At Cost $ 0.00 $ 0.00 $ 0.00 Su bconsu Itant 1: Su bconsu Itant 2: Su bconsu Itant 3: Su bconsu Itant 4: Su bconsu Itant 5: Note: Add additional pages if necessary. NOTES: 1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed CDC items should be consistently billed regardless of client and contract type. 3 Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice). 5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost. 6. Travel related costs should be pre -approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules. City Council 17 — 55 4/18/20A ge 5 of 9 ary 2020 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-1-I2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12.48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying:_ Name: Christopher M. Diaz, PE, GE Title*: President Signature : Date of Certification (mm/dd/yyyy): 10/06/2020 Email: chris@diazyourman.com Phone Number: 714-245-2920 Address: 1616 E. 17th Street, Santa Ana, CA 92705 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is Geotechnical engineering services under the proposed contract: e7of9 City Council 17 — 56 4/18/2JW ry 2020 Local Assistance Procedures Manual Exhibit 10-H Subconsultant: Diaz Yourman & Associates NORMAL OVERTIME BILLING INFORMATION EXHIBIT 10-H2 COST PROPOSAL ON -CALL CONTRACT Contract No. TBD / RFP No. 20-111 Date: Fringe Benefit% Overhead% 41.84 % + 41.84 % + FEE % G&A % (includes OH) + 134.61 % _ + 34.61 % _ = 10.00% CALCULATION INFORMATION 1 /24/2023 Combined % 176.45% 176.45% Name Company Classification Project Classification Hourly Billing Rate Effective date of hourly rate Actual/ average hourly rate % or $ Increase Hourly Range for Class Normal OT (1.5 X) OT (2 X) From To Christopher Diaz 306.65 306.65 306.65 1/1/2023 12/31/2023 100.84 Principal Engineer Engineering QA/QC Exempt 31656 316.86 316.86 12/3V2024 40387 300% N/A 32535 325.35 325.35 1 -„2025 ""^_, 1/202'^'= 106.99 3.00% N/A 3361i 336.11 335:44 12/3V2026 110.20 300% N/A S. Niranjanan 287.77 287.77 287.77 1/1/2023 12/31/2023 94.63 N/A Principal Engineer 296.40 296.40 296.40 1/112024 97.47 330% N/A Project Manager 305.28 305.28 305.28 1/11/2025 i 9/341/21025 100.39 3.00% N/A Exempt 3,T43 314.43 31443 4H/2026 1'312026 193.40 330% N/A Jorge Sandoval 199.27 199.27 199.27 1/1/2023 12/31/2023 65.53 N/A Senior Engineer Engineering Analyses, Reporting Exempt 205.26 205.26 205.26 111/2024 "'"" "^'" 67.50 3.00% N/A 211.44 211.44 211.44 1/11,2025 ""^,=,01/202= 69.53 3.00% N/A 217.79 1 217.79 217.79 111Q026 1. "1"^'6- 71.62 300% N/A 155.97 155.97 155.97 1/1/2023 12/31/2023 51.29 $49.95 - $53.96 Project Engineer 11 Engineering Analyses, Reporting Exempt 160.65 160.65 160.65 VI QQ24 "'"" "^'" 62.83 300% N/A 165.46 165.46 165.46 "^',.--„2025 ""',=,01/2025 1 54.41 3.00% N/A 170.41 170.41 170.41 1/1/2826 56.04 300% N/A 128.08 128.08 128.08 1/1/2023 12/31/2023 42.12 $40.79 - $44.68 Project Engineer 1 Engineering Analyses, Reporting Exempt 131.92 131.92 131.92 VIQ024 12 01/2^24 4338 300% N/A 135.87 135.87 135.87 ^'^',--,,2025 ""^,=,0-„'=025 44.68 3.00% N/A 139.94 139.94 139.94 111Q026 """ "^" 46.02 300% N/A 111.30 111.30 111.30 1/1/2023 12/31/2023 36.60 $36.60 - $36.60 Staff Engineer11* Data Review, Field Exploration, Engineering Analyses, Reportinq, Field Technician * Exempt 114.64 114.64 114.64 VIQ024 "'""� 0 20'^'" 37.70 3.001% N/A 118.08 118.08 118.08 VIQ026 "'"""^" 38.83 300% N/A 121.61 121.61 121.61 1'312026 3989 300% N/A 106.25 106.25 106.25 1/1/2023 12/31/2023 34.94 $34.94-$34.94 Staff Engineer 1 * Data Review, Field Exploration, Engineering Analvses, Reportinq, Field Technician Exempt 109.44 109.44 109.44 VV2924 12 0 202024 36.99 300% N/A 112.73 112.73 112.73 "11/2-025 1 ""^,=,01/202= 37.07 3.00% 1 N/A 116.10 116.10 116.10 "^',.--„20^'0 ""^,=,01/20'^'6 3818 3.00% N/A 106.25 106.25 106.25 1/1/2023 12/31/2023 34.94 $34.94-$34.94 Geologist1* Data Review, Field Exploration Exempt 109.44 109.44 109.44 "11/2-0^'^ ""',=,01/2024 3599 3.00% N/A 112.73 112.73 112.73 "^',,--„2025 ""',=,01/2025 37.07 3.00% N/A 116.10 116.10 116.10 111Q026 1'312026 38.18 300% N/A 106.25 159.38 212.50 1/1/2023 12/31/2023 34.94 $34.94 - $34.94 CADD Non -Exempt 109.44 164.17 218.89 VIQ024 2/3 2^24 36.99 30011; N/A 112.73 169.09 225.46 1i11/2025 +o/a� �1/L0L_ono= 37.07 3.00% N/A 116.10 174.16 232.21 V1/22026 "'"" "^" 38.18 3.00% N/A 136.84 205.26 273.69 1/1/2023 12/31/2023 45.00 $45.00 - $45.00 Technical Editor/ Word Processor Non -Exempt 140.95 211.42 281.90 „^' 1/31/2024 1 4633 1 3.00% N/A 145.17 1 217.76 290.35 1/11'�2025 'O'4A�, ./=0zn = 47.74 3.00% 1 N/A 149.52 1 224.29 299.05 1 V442026 I ""��„z0'^'6 4947 390°� N/A 1. Names and classifications of consultant (key staff) team members must be listed. Provide separate sheets for prime and all subconsultants firms. 2. Billing rate = actual hourly rate * (1+ICR)* (!+Fee). Agreed upon billing rates are not adjustable for the term of contract. 3. For named employees enter the actual hourly rate. For classifications only, enter the average hourly rate for that classification. Note: Denote all employees subject to prevailing wage with an asterisk (*) For "Other Direct Cost' listing, see page 2 of this Exhibit. City Council _PP 15-01 17-57 4/18/2023 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 3. Project Description: 4. Project Location: Santa Ana, CA 5. Consultant's Name: AESCO 8. Total Dollar Amount for ALL Subconsultants: 2. Contract DBE Goal: 10% On -Call Engineering Services 6. Prime Certified DBE: Rf 7. Total Contract Award Amount: 950,000 950,000 9. Total Number of ALL Subconsultants: 1 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Diaz Yourman & Associates 20160 Mr. Christopher Diaz 950,000 Local Agency to Complete this Section $ 950,000 20. Local Agency Contract Kh-h- 14. TOTAL CLAIMED DBE PARTICIPATION 100 21. Federal -Aid Project Number: 22. Contract Execution nntP- Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 1-27-2023 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Kay Alabed 714-975-3830 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. City Council 17-58 Page 1 of 2 4/18/202guly 23, 2015 EXHIBIT 2 AGREEMENT WITH KLEP07ELDEK INC. TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and between Kleinfelder, 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 September 2, 2020 the City issued a Request for Proposal ("RFP") No. 20-111, by which it sought qualified consultants to provide on -call material testing and special inspection services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 20-111. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 20-111, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 20-111 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS 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 Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 20-111. The total compensation for services provided by all consultants selected under RFP 21-105 City Council 17 — 59 4/18/2023 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. City Council 17 — 60 4/18/2023 j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by City Council 1 17 — 61 4/18/2023 Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on April 18, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on July 5, 2024, unless terminated earlier in accordance with Section 21, 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. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this City Council 17 — 62 4/18/2023 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. 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. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all 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. City Council 17 — 63 4/18/2023 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 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 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 property damage. (iii) Workers' Compensation insurance 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity 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 Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, 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 both CG 20 10, CG 20 26, CG 20 33, City Council 17 — 64 4/18/2023 or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity 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 Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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 Entity. (vi) 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 Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. 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" coverage for a minimum of five (5) years after completion of contract work. OF City Council 17 — 65 4/18/2023 (viii) Verification of Coverage. Consultant shall furnish the Entity 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 17 — 66 4/18/2023 10. 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. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 City Council 17 — 67 4/18/2023 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. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 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: Jennifer L. Hall City Clerk 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 17 — 68 4/18/2023 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Dany Hanna, PE, MS, MBA Project Manager/Principal Agent Kleinfelder, Inc. 2441 Ridge Route Drive., Suite 225 Laguna Hills, CA 92653 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. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. City Council 17 — 69 4/18/2023 b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. City Council 17 — 70 4/18/2023 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. City Council .)17 — 71 4/18/2023 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will City Council 17 — 72 4/18/2023 not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or City Council 17 — 73 4/18/2023 national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits City Council 17 — 74 4/18/2023 discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, 4 OF City Council 17 — 75 4/18/2023 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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. [SIGNATURES ON FOLLOWING PAGE] City Council 17 — 76 4/18/2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager KLEINFELDER, INC. By: Dany Hanna Title: Vice President City Council 17 — 77 4/18/2023 EXHIBIT A SCOPE OF SERVICES City Council 17 — 78 4/18/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO.20-111 INTRODUCTIONBACKGROUND Under the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The total value of construction is estimated to exceed $100 million. In order to maintain high quality of construction, the City intends to retain testing and inspection firms to provide quality assurance services for those projects. The selected firms are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as -needed basis. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. The City desires to enter into Agreements with multiple top-ranking firms for an initial three (3)- year term, with a City option to exercise one (1), two (2)-year extension period. The annual amount to be expended under the Agreement will vary at the City's discretion and will be dependent on available funding. City of Santa Ana RFP 20-111 City Council age -17 — 79 4/18/2023 A. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: ♦ Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning and Building Agency prior to start inspection. ♦ Perform tests on various construction materials as required by the City. Available tests may include the following: o Mix Designs o Concrete o Concrete Blocks o Brick Masonry o Masonry Prisms o Mortar and Grout o Fireproofing o Soils and Aggregates o Asphalt Concrete o Reinforcing Steel o Environmental ♦ Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. ♦ Recommend testing method on defective work and advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. ♦ Provide other quality control services as requested by the City. ♦ Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. City of Santa Ana RFP 20-111 City Council age - 7 — 80 4/18/2023 ♦ Submit a final report to the City within five working days upon completion of each project. B. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' construction manual and the following: Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, by the National Institute Certification of Engineering Technologies, or by other authority acceptable by the Construction Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate must be on file in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. ♦ The testing laboratory must be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his/her supervision. ♦ The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. ♦ The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: ♦ AASHTO Materials Reference Laboratory (ARML) ♦ Cement and Concrete Reference Laboratory (CCRL) ♦ Caltrans' Reference Samples Program (RSP) Acceptance Testing and Sampling ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. City of Santa Ana RFP 20-111 City Council age - 7 — 81 4/18/2023 Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Engineer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate samples are taken at the job site, results of these tests should be submitted within 72 hours. ♦ Results of compaction and density tests taken at the job site should be submitted within 24 hours. ♦ When samples of soils and asphalt concrete are taken at the job site, R-value and result of asphalt extraction test should be submitted within 96 hours. Independent Assurance Sampling and Testing The selected firm shall establish and maintain an Independent Sampling and Testing (ISAT) program: ♦ To verify that the project sampling and testing are performed correctly by the testers and samplers. ♦ To ensure the equipment is properly calibrated. ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Engineer with a report indicating actions to be taken by the selected testing firm when discrepancies are found between ISAT and acceptance tests (AT). C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-11: Sample Cost Proposal City of Santa Ana RFP 20-111 City Council age 17 — 82 4/18/2023 • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot. ca. gov/-/media/dot-media/programs/local- assistance/documents/lapm/ch 1 O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: http s: //dot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 20-111 City Council age - 7 — 83 4/18/2023 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) City Council 17 — 84 4/18/2023 Statement of Qualifications for MATERIAL TESTING & SPECIAL INSPECTION SERVICES RFP NO. 20-111 CITY OF SANTA ANA September 30, 2020 ounce /18/2023 City Council 17 — 86 4/18/2023 ("KL EINFEL DER SECTION 1. STATEMENT OF QUALIFICATIONS Sr�gh t People. Righ t Solutions. a. Cover Letter September 30, 2020 Sean Thomas City of Santa Ana Public Works Agency; M-36 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Subject: Statement of Qualifications for Material Testing and Special Inspection Services City of Santa Ana RFP No 20-111 Dear Mr. Thomas: The Kleinfelder Team is pleased to submit our statement of qualifications (SOQ) in response to the City of Santa Ana's (City) request for qualifications (RFQ) No. 20-111 dated September 2, 2020 to provide on -call materials testing and Project Manager/Principal Agent special inspection services. Kleinfelder has been providing on -call & Single Point of Contact materials testing and inspection services for public works (Legal Authority to Bind Kleinfelder) construction projects since the firm's inception in 1961.Our team will be led by Project Manager/Principal Agent, Dany Hanna, Dany Hanna, PE, MS, MBA PE, MS, MBA, who has over 19 years of experience managing on- Kleinfelder, Inc. call contracts in southern California, maintains strong client cl 909.376.6128 relationships, understands the contract requirements, and requires el dhanna@kleinfelder.com no ramp -up time to meet the City's budget and schedule. The Kleinfelder Team offers the following to the City: • Nearly 60 years of experienc successfully providing a wide range of special inspection, materials testing, and related services for local agencies and municipalities. • On -call materials testing and inspection contracts with numerous state and local agencies, including Orange County Department of Public Works, County of Los Angeles, Caltrans, and Cities of Anaheim, Long Beach, Los Angeles, Burbank, Ontario, Industry, and Pasadena. • All key personnel will be made fully available for assigned City Task Orders as needed. Our in- house multi -certified inspectors/technicians observe multiple aspects of a project from start to finish and are available to meet short -notice construction schedules/deadlines. • Our three full -service, accredited materials testing laboratoneb kL-ui ig beacn, untario, ana sa6 Diego) are under the supervision of a registered engineer and meet all American Society for Testing and Materials (ASTM) E329 requirements for testing and are inspected and certified or accredited regularly by numerous local, state and federal agencies such as Caltrans Reference Sample Program (RSP), American Association of State Highway and Transportation Officials (AASHTO) Materials Reference Laboratory (AMRL), Concrete and Cement Reference Laboratory (CCRL), State of California Department of General Services (DGS), and the US Army Corps of Engineers (USACE). • Quick turn -around time. Our depth of local resource allows us to respond quickly (within 4 hours or less) to any request for service. Kleinfelder acknowledges receipt of Q&A (Addenda) Sets 1 and 2, released September 10, 2020. Our local knowledge, combined with our vast amount of relevant experience, will enable us to provide the City with innovative solutions to assist with successfully meeting the contract requirements within the scheduled time frame and project budget. Respectfully Submitted, Kleinfelder, Inc. Dany Hanna, PE, MS, MBA Project Manager / Principal Agent a ch Quality Assurance Manager MW211076.00ity Council Kleinfelder 1117 — 87 4/18/2023 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 p 1949.727,4466 f 1949.727.9242 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 b. Contract Agreement Statement Kleinfelder would like the opportunity to add the following to the indemnity clause listed in the City contract: "Notwithstanding anything contrary to the foregoing, any obligation of Consultant to indemnify and defend City shall be based on its adjudicated proportionate negligence." c. Firm & Team Experience Profile of Kleinfelder, Inc. Headquartered in San Diego, Kleinfelder has been providing materials testing and inspection, geotechnical engineering, environmental, and technical engineering services to public and private clients in California since its founding in 1961. We have maintained a presence in Orange County since 1989. Our local southern California operations include offices and/or laboratories in Laguna Hills, Los Angeles, Long Beach, Ontario, Riverside, and three in San Diego. Metrics on Kleinfelder's firm size (offices and staff) are provided in the table below. Company Legal Form of Company: Private Corporation incorporated in State of California Date of Founding / Incorporation: April 1, 1961 I April 20, 1962 Number of Offices: 74 (firm -wide) 127 (California) 18 (Southern CA) Number of Staff: 1,909 (firm-wide)1718 (California)1406 (Southern CA) Kleinfelder is a California Corporation in good standing with the Secretary of State, and is registered with the State of California Department of Industrial Relations (DIR): 1000001733 Kleinfelder, Inc. 7/1/2019 6/30/2022 Active 467252 Kleinfelder is licensed to work in Santa Ana, so we are ready to work when the City's tasks begin. CITY OF SANTAANA -TREASURY M-15 20 CIVIC CENTER PLAZA -PO BOX 1964 SANTA ANA, CALIFORNIA 92102 PHONE (714) 647-5447 KLEINFELDER INC 550 W. C STREET #1200 SAN DIEGO, CA 92101 Qualifications and Experience THIS LICENSE MUST BE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS TAX NO. 194215 TAX PERIOD: 111I2020. 03112929 BUSINESS TYPE: BUILDING, GENERAL BUSINESS ADDRESS: 550 W. C STREET#1200 SAN ❑IEGO. CA 92101 BUSINESS NAME: KLEINFELDER INC CWNERIREP: PIERSON,GEORGE• PRES EXPIRATION DATE: 1213112020 Kleinfelder has a long, successful track record of providing services on public works -related projects. For six decades, more than half of all projects completed by Kleinfelder have been in and/or for the public sector. Approximately 80% of our current projects in southern California are public works - related, either being performed directly for public agencies or through design/civil engineering firms. As a result, Kleinfelder is well versed in the requirements for timeliness and efficiency when working on public sector projects, and are knowledgeable of applicable codes, regulations, and ordinances associated with public works design and construction. On -Call Contract Experience In addition to our extensive public works experience, we are extremely effective at managing on -call contracts. We are currently providing professional services as an "on -call" consultant for many agencies. Several, relevant key public agency clients are listed on the following page. City Council Kleinfelde17 — 88 4/1 g/243NDTR Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 • Orange County Department of Public Works • Orange County Transportation Authority • County of Los Angeles • City of Long Beach • Caltrans Districts 7, 8, and 11 • City of Los Angeles • City of Anaheim * Administrative buildings * Roadways * Water treatment facilities * Airports • Correctional facilities • Parks • City of Ontario • City of Burbank • Los Angeles County Metropolitan Transportation Authority (METRO) • City of Industry • Los Angeles Department of Water & Power • Riverside County Transportation Department * ripelines/storm drains * Landfills * Parking structures * Libraries • Dams/flood control • Hospitals * universities/sc * Bridges * Redevelopment areas * Courthouses • Water conveyance facilities • Levees Materials Testing and Inspection Services. Kleinfelder offers materials testing and inspection services that can significantly reduce uncertainties during the construction process through consistent use of our internal "Kleinfelder Quality Management Plan" (KQMP) which measures to meet the Caltrans documented "Independent Sampling and Testing (ISAT) proaram. Adherence to the KQMP is the responsibility of our Project Manager/Principal Agent and is required to be followed by our subcontractor. Our engineers work closely with design professionals and other project team members throughout the project's duration, helping to balance the often -competing elements of time, budget, and quality. Laboratory testing is provided by our own fully accredited laboratories meeting all ASTM E329 requirements for testing, which are inspected and certified regularly by agencies that include: * City of Los Angeles * DGS DSA * CCRL * Caltrans * AASHTO-AMRL * USACE Kleinfelder provides a full scope of services for the inspection and testing of construction -related materials including: * Site grading * Foundation excavations * Backfill placement * Subgrade preparation * Pile driving * Drilled pier construction * Rock anchor placement • Precast concrete inspection • Welding inspection * Concrete paving • Reinforcement placement • Batch plant inspection • Concrete placement • Asphalt paving • Soil improvement • Load tests • Steel construction * Painting • Masonry construction • High strength bolting • Expansion bolting • Drainage systems • Field instrumentation • Underpinning • Source inspection • Fabrication shop inspection Special Inspection Services. Special inspection services are provided to verify the compliance of structural elements to project plans and specifications as set forth by the California Building Code (CBC). These wiervices will be provided by our in-house approved inspectors who have undergone voluntary certification by the International Code Council (ICC). Their responsibilities on a project include (within the restraints and under the guidelines as set forth by the CBC): * Observing the work assigned for conformance with approved design drawings and specifications. City Council Kleinfelder 17 — 89 4/1 &243NDER Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 * Furnishing inspection reports to the building official, owner's representative, construction manager, and other designated persons. * Bringing all discrepancies to the immediate attention of the contractor, and if uncorrected, to the attention of the construction manager and building official. * Submitting a final signed report stating whether the work requiring special inspection was, to the best of our knowledge, in conformance with approved plans, specifications, and the workmanship provision of the CBC. Kleinfelder Project Team Key Personnel Team Leads Kleinfelder has assembled a team of key professional and technical personnel to address the scope of services that are anticipated under the City's contract. Project Manager / Principal Agent DANY HANNA, PE, MS, MBA Available to fully -upport this C ■ 19 years of experience as Principal -In -Charge, Program Manager, Contract Manager, and Project Engineer for multiple agency contracts, including Cities of Ontario and Long Beach, County of Los Angeles, Caltrans, and various southern California agencies. c: 909.376.6128 - MBA, Finance; MS, Civil Engineering (Pavement); CA PE - Civil #70996 Associates -in Charge (Task Order Managers) JAMES STIADY, PhD, PE, GE Available to fully support this Contract ■ 20 years of technical and project management experience in pavement, geotechnical, and materials testing for various on -call contracts throughout southern California. Performs pavement condition surveys, designs pavement sections, and develops/reviews pavement rehabilitation programs. c: 858.736 . 6412 ■ PhD, Civil Engineering; California PE - Civil #66243; and GE # 2820 ROGER KHOUDESSIAN, PE Available to fully support this Contract ■ 17 years of experience in materials engineering and with ASTM, AASHTO- AMRL, Caltrans, Greenbook, USACE, ACI, and local standards. BS, Civil Engineering; PE - Civil No. 73806, CA; Multiple certifications- '" California Test Methods (CTM), AWS Certified Welding Inspector, ICC c: 562.824.2306 Special Inspector, NICET Level II, PG Binder Technician (NBTC) RICK BELL, NICET, NRMCA, RSO Available to fully support this Contract ■ 38 years' experience with task order management and laboratory/field QA testing, which has included construction inspection, shop fabrication inspection, materials testing, batch plant inspection, and office engineering. NICET - Level II (field & lab); National Ready Mixed Concrete Association: c: 909.721.6639 Portland Cement Concrete (PCC); OSHA 40-Hour HAZWOPER; Certified Radiation Safety Officer (RSO) Key Personnel Resumes Resumes for our key personnel that outline their technical and design experience are included as Appendix A to this proposal. City Council 17 — 90 4/1 tt2,@N— Mw21o924.001 Kleinfelder 14 �-> Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Organization Char+ Our Organizational Chart below provides a graphic illustration of our proposed project team members including our Project Manager/Principal Agent and Associates -in -Charge (Task Order Managers), key personnel, additional support staff resources, and their roles and responsibilities. We have also noted percentages of time that each team member will be devoted to this contract. Should the City's projects require additional support, we can easily aw upon an additional 4uu+ local protesslonai and technical resourceE located within southern California. Task order Managers James Sbady, - ■ Roger Khoudessian, PE Rick Bell Health & Safety Manager Quality Assurance Manager I DorschBryan Reese, ASP Mike Technicians & Inspectors Caltrans Certified ICC Certified Laboratory Testing NICET Certified Technicians Inspectors Technicians Technicians Sony Pheng Ali Rehman Marcus Molina Dominic Monternayor Eddie Jabbour KennedyEubany Kreetha Mekchai {TM) Ruben Roque (TM) Bike Hobbs (TM) Manuel Uy (TM) Ian Snyder (TM) David Valenzuela (TM) Manuel Zavala(TM) Juan Le Roy Jeffrey Diaz Daniel Jimenez Kevin Oluoha Aaron Bishop Thomas Rebosky Alex Garcia Sage Dempsey Shawn A9claren Cameron Massa Julian Calderon Eric Kennedy Kim Byrd Jason Eckerson Robert Carman Mike Carman Jacob Collins Michael Magana Ian Snyder (TM Juan Le Roy Adam Gardiner Chris Rice Sage Dempsey Shawn Mclaren Sony Pheng Omar Volina Jimmy A9onterroso Alex Garcia Aaron Bishop Thomas Rebosky Scott Vorris Dominic Montemayor Daniel Jimenez Jeffrey Diaz Vartan Deirdeirian Jeffrey Diaz Cameron Massa Julian Calderon Michael Magana Eddie Jabbour Juan Le Roy Daniel Jimenez Aaron Bishop Chris Rice David Magana Sage Dempsey Tony Gonzalez Christian Castanar Erik Kinczel Kevin Oluoha Dominic A4ontemayor Kennedy Eubany Omar A7olina Varcus Molina Alex Garcia Shawn Mclaren Sony Pheng All Rehman Danielle Gray Notes: • Full resumes for bold key personnel have been included in this submittal. • Siaff availability : 100% for boldikey personnel. 90% for unbold support staff 80% for unbold. italicized support staff. • DBE Subcontractor: TransMat, Inc. (TM) Rick Bell Roger Khoudessian, PE Jeffrey Diaz Juan Le Roy Michael Magana Vartan Deirdeirian We can draw upon our professional and technical southern California resources, as well as those of our DBE subcontractor, who are readily available to support the City as -needed: • Special Inspectors • Soil Technicians • Pavement Specialists • Hazmat Technicians • Materials Engineers • Geotechnical Engineers • Construction Managers • Registered Geologists • Certified Hydrogeologists • Certified Engineering Geologists • Scientists • Planners • Draftspersons, • CADD Cperators • Administrators/ • Project Controls • Word Processors _17- 'City Council 17 — 91 4/1440N— ^ Kleinfelder 15 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 DBE Subcontractor Participation Kleinfelder has teamed with a highly qualified and experienced Disadvantaged Business Enterprise (DBE) subcontractor and we intend to exceed the City's 10 percent goal for federally funded projects. Kleinfelder has teamed with this subcontractor on similar projects, who is a local expert in their field, and will augment our capabilities to support the City's as -needed scope of services and maintain flexibility in resourcing given the often -intermittent nature of services authorized under an as -needed contract. Contact Kreetha Mekchai, CEO/President 909.293.9186 8966 Benson Ave. Unit B Montclair, CA 91763 transmatinc@gmail.com Certifications DBE (CUCP) #45222 Accredited Laboratory State of CA DIR Registered 1000057301 (exp. 06122) Established: 2017 Role: Testing & inspection services d. Understanding of Need Professional consulting vva ' a Tra n s M at, I nc services corporation ' providing materials testing, geotechnical engineering, and field inspection services. Currently working with Kleinfelder on two Caltrans contracts. Transmat's President and founder, Mr. Kreetha Mekchai, has 20 years of experience in materials testing, inspection, geotechnical investigation, and laboratory testing. TransMat employs several experienced laboratory and field (soils, asphalt concrete, PCC) testers and batch plant inspectors. These laboratory testers and field technicians/inspectors are experienced with field safety, defensive driving, and specific project safety requirements. Kleinfelder understands that the City requires the services of a qualified firm to provide experienced field and laboratory staff on an as -needed basis to perform materials testing and inspection services for various Capital Improvement Projects within the City. Projects may include street pavement, traffic signals, underground utilities, buildings, bridges, and park facility improvements. Work is anticipated to include testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance (QA) services when required. Kleinfelder acknowledges that City projects may be funded with State and Federal grant funds administered by Caltrans. In general, the requested services may include materials testing and inspection services of the following: * Mix Designs * Concrete * Concrete Blocks * Brick Masonry * Masonry Prisms * Mortar and Grout * Fireproofing * Soils * Asphalt Concrete * Reinforcing Steel * Environmental * Aggregates Materials Testing and Inspection Services Work Plan Kleinfelder expects to furnish all personnel, laboratory facilities, transportation, materials, supplies and equipment necessary to perform services requested under this contract. Depending on the funding source, all services will be provided in accordance with the California Building Code (CBC), Standard Specifications for Public Works Construction (Green Book), Caltrans Standard Specifications, as well as OSHA Construction Industry Standards, and other applicable codes. All of our personnel who will conduct the sampling and testing will be certified by the proper authority having jurisdiction for the project, and a copy of their certifications will be on file in the office of the Construction Engineer prior to any work being performed on the project. City Council 17 — 92 4/19 20NDER MW210924.001A Kleinfelder 16 �7 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 The following outlines a typical work plan for materials testing and inspection services anticipated under this contract: Task 1: Project Kick -Off Meeting Our project team will meet with City representatives to initialize the project expectations, in terms of scope of services, schedule, and budget requirements. Communication controls and expectations will be clearly outlined for future activities. The primary goal is to have a mutual understanding of the City's expectations of Kleinfelder and the conduct of the construction activities. With a clear understanding of the expectations, unanticipated changes and surprises can be dramatically reduced. At this time, we will review project plans and specifications to evaluate the intended scope of services and provide alternatives for consideration. Task 2: Identification of Schedule and Budget Requirements After reviewing the plans, specifications, and schedule, we can prepare a proposed scope of services and cost estimate. The construction schedule will have a large impact on the requirements and duration of our services. It is important, both from a scheduling and accounting standpoint, to have an agreed -upon schedule and budget to follow and measure, as we proceed through the construction process. These elements will help us to provide the City with progress benchmarks, both from a financial and construction viewpoint. Once our proposal is approved by the City, we will receive a Work Authorization. Task 3: Staffing and Resource Management Plan Our Project Manager/Principal Agent will personally manage City projects and work closely with our Task Order Managers, typically the individual that attended the kickoff meeting. We will hold an internal kickoff meeting with designated staff to review documents, project scope, expectations, work practices, and schedule subconsultants as needed. Mr. Hanna will be supported by our Quality Assurance Manager, Mr. Mike Dorsch, to provide proactive testing and inspection in accordance with the project needs. Kleinfelder will develop a External 'I eer customized Quality Assurance and Quality Control (QA/QC) Plan for each task order under this contract. A written Project Quality Plan is the key ingredient of our QMP regardless of scope or budget. Interdisciplinary For medium to large projects where observation services are Reviews required on a full-time basis, we will assign a multi -disciplined Senior Technician to reduce the need for more than one technician for multiple operations at the site. This Senior Quality Management Technician will also coordinate resources in the field. In the event that the job sequence requires more than one technician, we will provide a supplemental technician (upon City approval) who will work at the direction of our Senior Technician. Task 4: Preparation and Review of Mix Designs Based on the discussion and information gathered from the kickoff meeting with the City staff, a Kleinfelder pavement engineer will review and/or recommend and develop concrete and asphalt mix designs considering the traffic loads, subgrade modulus, and sustainability factors. A road alignment with a weak subgrade and requiring reconstruction may be a good candidate for full depth reclamation. Typically, this approach is cost effective where long runs of pavement require replacement. Recycling the existing asphalt pavement and base material and blending it into the subgrade soils reduces hauling and disposal of material. City Council 17 — 93 4/1ttWN- Mw21o924.001 Kleinfelder 17 �-> Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Kleinfelder is capable of developing asphalt concrete mix designs for leveling course, asphalt base course, surface course, and wearing course, including rubberized asphalt concrete mixes. Kleinfelder can prepare and develop these mix designs in-house, utilizing the appropriate test methods and samples of aggregate and binder from local asphalt suppliers. In addition, we can develop mix designs for concrete pavement, full depth reclamation sections, and cement treated base materials. Task 5: Material Testing & Inspection Services We understand and are well -versed in the City's requirements for timeliness and efficiency in performing work, scheduling, and reporting results. Once notified with a time and location where our technician/inspector will be required, our centralized Kleinfelder dispatch team will schedule the appropriate certified technician/inspector for assignment. The technician/inspector will become intimately familiar with the project documents and will maintain daily records of inspection and testing which will document records of time and work performed. Our field staff will review safety protocols and safe work practices for each activity. They are equipped with appropriate personal protective equipment (PPE) for services they will provide, which include reflective safety vests, steel -toed boots, hard hats, gloves, and eye protection. They will participate in daily safety tailgate meetings prior to the start of work. They will contact our office for additional staffing and equipment, as necessary, based on communication with the City's onsite representative and the project engineer. Daily reports and test results will be provided to the project engineer and City onsite representative for review and signature and delivered to Kleinfelder's Project Manager/Principal Agent at least on a weekly basis, or daily when time -critical items are identified for immediate resolution. Reports and test results may be transmitted electronically to the project engineer and requested City team members. The technician/inspector will maintain a list of non-compliance issues and track resolution of these items. In addition, they will document and track re -inspection and re -testing so the City may back -charge the contractor for these additional costs, if desired. In addition to required inspection, testing, and sampling equipment, inspectors are equipped with smartphones, iPads or laptops with software including Microsoft Office (Word, Excel, and Outlook), Bluebeam Revu and Acrobat Reader for pdf files, and our FieldNet reporting software. • Better access to higher quality, consistent field data • Improved turn -around time and communication • Reduced risk of lost or compromised data • Reduced or eliminated manual re-entry of data • Efficient workflows from field to office • Automatically generated deliverables • Integration with GIS, LIMS, Deltek®, ZI I EQuIST"" Kleinfelder inspectors utilize our proprietary . Enhanced photographic documentation field reporting software, FieldNet, which . Works without an internet connection enables our staff to collect data, prepare . Enhanced GPS accuracy when required deliverables, effortlessly upload information . Custom forms can be developed by request to data management systems, and automatically generate reports using tablets in the field. FieldNet improves reporting turnaround time and offers high data quality on projects. Task 6: Laboratory Testing Samples of construction materials will be picked up and transported to our laboratory for testing and analysis by certified laboratory technicians. The laboratory manager reviews the data and distributes a typed test results report indicating whether the material did or did not meet the requirements of the project specifications. A registered engineer will review the laboratory reports and certify the test results prior to distributing them to the City's authorized representatives. The City and Kleinfelder's Project Manager/Principal Agent will be notified immediately if a sample fails to meet specifications so that an alternate plan may be implemented. City Council 17 — 94 4/1t4ONDER Mw210924.001 Kleinfelder 18 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Task 7: Project Management and Controls The management of our processes will be a valuable tool for the City to assess not only the acceptability of the construction process, but also many aspects of the progress and conduct of the job. The key to success on any project begins with a strong Project Manager/Principal Agent who is available, experienced, and practices proactive communication strategies. Mr. Hanna's leadership is focused on a team approach with proactive communication to: • Provide successful project execution plan (PXP) including a detailed scope, a realistic schedule, and a mutually agreed upon budget • Strategically coordinate and allocate resources within Kleinfelder and the subcontractor team • Ensure quality at all levels of planning and design • Ensure safety • Deltek Vision 7.0 • Reporting • Burn • Work Forecast • Project Meetings Safety/LPS Deliverable Work Management 1 QA / QC Lead & Process Project controls is a term describing the tools, techniques, and procedures implemented by Kleinfelder's Project Manager/Principal Agent to monitor project components: scope and budget, project execution, quality, and schedule. Kleinfelder maintains a team of internal project controllers who actively work on large-scale programs with multiple subcontractors in order to reduce project owner risk through active real time tracking and reporting to the project manager regarding these items. Within Scope and Budget. The ability to keep a project within the original scope and budget is a result of defining a complete scope. Identifying a clear purpose, need for the work, and the intended outcome are critical to this task. With well -prepared task scopes and goals, budgets will be set and commitments will be made to adhere to. Progress meetings, reviews, and scheduling controls will identify work that could be out of scope or does not contribute to the desired outcome. These monitoring efforts will control the budget and eliminate out -of -scope work proceeding without proper approvals. Where a change of scope becomes necessary, the issue will be evaluated, quantified, mitigated (if possible), and communicated to the City's project manager. Kleinfelder will not exceed a project budget without getting prior authorization from the City. Task 8: Reporting and Project Closeout We will provide the City's representative and other designated team members with a copy of all results, including: • Daily field reports (upon completion of each shift) • Daily test results performed in the field (upon completion of each shift) • Project memos or clarification requests (as needed) • Budget status reports (weekly or monthly) • Any unusual or unanticipated activity or observations (as noted) City Council 17 — 95 4/1940N- Mwz1o924.001 Kleinfelder 19 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Laboratory test reports will be forwarded electronically to the City's representative and designated team members. Our laboratory test results will be submitted in accordance with the time frames listed in the City's RFQ Section titled Reporting Test Results. A final report will be prepared for materials testing and inspection services, summarizing the observations and testing made in the field and laboratory, and providing conclusions for suitability and recommendations. This final report will be submitted to the City within five working days upon completion of each project. Commitment to Safety Kleinfelder employs the LPS® (Loss Prevention System) program in all of our work practices. The basis of LPS is reducing losses (both safety and financial) by identifying unsafe conditions or behaviors and providing the means to mitigate them. Kleinfelder's adoption of the LPS® system has resulted in a total recordable incident rate (TRIR) of 0.40, the lowest in Kleinfelder's history. Kleinfelder is proud to have integrated the LPS® system into our culture, and we believe it sets our firm apart from our competitors by taking a more focused and proactive approach to safe work practices and empowering each employee to identify potential hazards and make safer choices. e. Relevant Project Experience Client: OCPW Fee: $1.5M Kleinfelder is currently providing construction inspection, Duration: 2015 - Ongoing geotechnical engineering, and materials testing and inspection Reference: services for OCPW under the management of Mr. Dany Hanna, PE, Vinh Tran, PE, Senior Engineer MS, MBA. 714.955.0210 Under on -call contract, Kleinfelder is providing materials testing and vinh.tran@ocpw.ocgov.com inspection services in support of the OCPW QA program for Relevance to this Contract: construction of new or rehabilitation of existing roadways, flood • Materials testing and control channels, parks, or other infrastructure projects. All testing is inspections performed in accordance with OCPW Standards and Procedures • Laboratory testing using CTM, ASTM, and/or AASHTO-AMRL testing. Kleinfelder • Public structure improvements complies with the County of Orange Standard Plans, Greenbook • Geotechnical engineering Specifications, Caltrans, ASTM, AASHTO-AMRL, and APWA review of contractor submittals Standards. In addition, Kleinfelder's material testers, inspectors, and Key Staff • Dany Hanna, PE, MS, MBA laboratories are certified with Caltrans, CCRL, AASHTO-AMRL • Mike Dorsch resource accreditation, and ASTM D3666. Kleinfelder also complies • James Stiady, PhD, PE, GE with all applicable requirements of the California Construction and • Rick Bell General Industry Safety Orders, the California Occupational Safety • Bryan Reese, ASP and Health Act (Cal -OSHA), County of Orange's Safety and Loss • Eddie Jabbour Prevention Program and all applicable laws and regulations. • Juan Le Roy Oso Parkway Bridge Replacement, Aliso Viejo. This project • Jeffrey Diaz consists of the removal, relocation and adjustment of existing • Cameron Massa improvements, excavation and grading, removal and relocation of • Ali Rehman existing utilities, construction of new storm drainage and storm water • Tom Rebosky pre-treatment and storage system, construction of curb, gutter and • Shawn McLaren pedestrian walkways and ramps, bridge construction, roadway paving • Sage Dempsey • Michael Magana and new overhead signage and traffic control devices. Under the • Dominic Montemayor leadership of Task Order Manager Rick Bell, Kleinfelder has • Christian Castanar performed concrete batch plant inspections, PCC aggregate sampling • Edmond Jabbour and testing, and onsite flexural beam fabrication and laboratory testing per Caltrans test methods. Additionally, HMA batch plant inspections occurred and Kleinfelder materials testers sampled the HMA, binder, and aggregates for testing in our Caltrans accredited laboratories. City Council Kleinfelder117p 96 4/1 tt2,@N— Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 CLIENT BENEFITS Ability to Meet Schedule. Kleinfelder utilized its large team of in- house materials testers with Caltrans certifications. This allowed the team to assist the County laboratory in load -leveling with minimal disruption to meet seasonal construction testing needs. Availability/Responsiveness. The depth of our team and local operations enabled us to identify the appropriate staff and Client: City of Long Beach Fee: $12M Kleinfelder has been providing on -call geotechnical, materials testing Duration: 1991-Ongoing and inspection services for the City of Long Beach since 1991. Under Reference: numerous contracts, Kleinfelder has performed work on over 500 Marc Wright, Construction Service ,asK orders for the City. The scope of work comprises the Officer, Bureau of Engineering, improvement for numerous city street projects (federally and locally Department of Public Works funded), airport runways and taxiways, public works facilities (fire 562.570.5160 stations & libraries) and parks. marc.wright@longbeach.gov Under the management of Mr. Dany Hanna, PE, MS, MBA Relevance to this Contract: Kleinfelder has been consistently providing quality and effective on -call • Special inspections materials testing services, which include observation and testing for • On -call services asphalt concrete, soils, base, slurry seal, full depth reclamation, cement • Field testing per Greenbook treated base, lime treated soil, PCC testing, and special inspection and Caltrans specifications services of reinforced concrete, structural masonry, structural steel • Review of project plans & welding and bolting, shotcrete, spray -applied fireproofing, pre -stressed specs and submittals (pre and post -tensioned) concrete, installation of adhesive and • Laboratory testing of mechanical anchor bolts and dowels, HMA, PCC batch plant construction materials inspections, and soil nail installation observation. • Related public improvements Key Staff In addition to materials testing and inspection services, Kleinfelder • Dany Hanna, PE, MS, MBA performed batch plant inspection and reviewed HMA and PCC • Mike Dorsch pavement mix designs. Kleinfelder has also performed on -call • Bryan Reese, ASP environmental services under this contract including asbestos and • Roger Khoudessian, PE lead -based paint surveys and abatement oversight. • Rick Bell CLIENT BENEFITS • Sony Pheng • Jeffrey Diaz Rapid, Local Response. Having a local laboratory resulted in cost • Michael Magana saving to the City by minimizing travel time and sample pick up and • Juan Le Roy drop off time and which indirectly yields to quick turn -around of test • Cameron Massa results, avoiding potential construction delays. • Danielle Grey Client: County of Los Angeles Kleinfelder has been providing on -call materials testing services for Department of Public Works the County of Los Angeles since 2000. Task orders have been Fee: $600,000 performed on numerous city streets, bridges, and public Duration: 2000 - Ongoing improvement projects all throughout the County. Reference: City Council 17 — 97 4/1 &2AaNOER Kleinfelder Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Greg Johnson, PG, CEG, Under the management of Mr. Dany Hanna, PE, MS, MBA, Laboratory Supervisor Kleinfelder has been consistently providing quality and effective on -call 626.458.7986 materials testing services to the County. Projects include AC gjohnson@dpw.lacounty.gov pavement grind and overlay, reconstruction of concrete curbs and Relevance to this Contract: gutters, sidewalks, median islands, curb ramps, driveway approaches, • Field investigations • Construction monitoring alley intersections, and other appurtenant work. Under the current • Laboratory testing contract, we have performed work on over 50 task orders. Kleinfelder • Evaluation services are performed in accordance with the County's Quality • Recommendations Assurance Plan (QAP) and Caltrans specifications. • Materials testing & inspection Martin Luther King, Jr. (MLK) Medical Center Campus East • Independent assurance testing Parrking Structure. Kleinfelder's Team included several County Key Staff certified special inspectors with past experience on post -tensioned • Dany Hanna, PE, MS, MBA parking structures in accordance with County and relevant • Mike Dorsch requirements/specifications. Kleinfelder also provided an Inspection • Bryan Reese, ASP Coordinator to fulfill and document the contractor's inspection • Roger Khoudessian, PE requests. We additionally provided multi -certified special inspectors • Rick Bell as -needed to observe placement of reinforcing steel, post -tensioned • Dominic Montemayor tendons, concrete, masonry block, masonry grout, anchor bolts, epoxy • Eric Kennedy • Kim Byrd dowels, and structural steel welding for this multi -story building. • Jason Eckerson Arcadia Mental Health Center Replacement. Kleinfelder provided • Robert Carman construction materials testing and special inspection services on • Mike Carman behalf of the County to assess conformance with the project • Jeffrey Diaz structural plans and specifications during construction. Our multi- • Cameron Massa certified, in-house technicians and inspectors provided staffing • Julian Calderon consistency and scheduling on this project, maintaning costs and • Michael Magana maximizing efficiencies. • Vartan Deirdeirian CLIENT BENEFITS Rapid local response of nearly two dozen local, certified materials testers and inspectors through our centralized dispatching system - minimizing costs associated with travel by utilizing staff who reside near the project sites. Client: Caltrans, District 8 Under the management of Mr. Dany Hanna, PE, MS, MBA, Fee: $3.3 Million Duration: 2017 - Ongoing Kleinfelder is currently providing construction materials sampling and Reference: testing and batch plant (asphalt concrete/PCC) inspection services to Godson Anyanwu, PE, Chief improve the State transportation system throughout Caltrans District Caltrans Southern Regional Lab 8. Our services are performed by materials engineering testers (SRL) holding the appropriate Caltrans, ACI and AASHTO certifications at 951.232.3834 numerous project sites and material supplier batch plants. Godson_Anyanwu@dot.ca.gov Task Order Manager Mr. Mike Dorsch performs project scheduling and Relevance to this Contract: field coordination, review and distribution of daily field reports, materials • Construction materials documentation and information, and prepares reports to Caltrans observation standards and requirements. Our materials testers work together under • Materials testing per CTMs our Lead Materials Tester Mr. Roger Khoudessian, PE. and Caltrans Construction Manual CLIENT BENEFITS • Concrete and HMA batch Kleinfelder's multi certified Consultant Materials Testers have plant inspection provided added value by being able to service multiple projects _17- City Council 17 — 98 4/19 220NDER N1w210924.001 Kleinfelder 112 �7 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 • Field sampling of fresh and scopes of work within the same shift resulting in a cost concrete, HMA, soil, aggregate avingF to Caltrans. • Field nuclear gauge Continuity and Depth of Expertise. Our team's existing knowledge compaction testing • Materials testing services in with Caltrans staff, equipment, and processes means we require no mobile laboratories training and have no learning curve. This results in high levels of • Special materials analysis and quality assurance. evaluation Local Response/Efficiency from Dispatch to Report Distribution. • Materials documentation and Kleinfelder was able to draw upon a team of nearly two dozen information materials staff with current Caltrans TL-0111 certifications. This large • Preparation of reports pool of materials engineering testers allows the team to assist the Key Staff Caltrans staff in load -leveling with minimal disruption to meet their • Dany Hanna, PE, MS, MBA construction testing needs. • Mike Dorsch • Bryan Reese, ASP Cost Savings. The Kleinfelder team utilized multiple laboratory • Roger Khoudessian, PE facilities for equipment storage and materials testing services to • Ali Rehman minimize travel time and provide quicker laboratory testing turn- • Dominic Montemayor around times. • Eddie Jabbour • Kennedy Eubany • Jeffrey Diaz • Julian Calderon • Michael Magana • Juan Le Roy Client: City of Ontario Kleinfelder is currently Fee: $200,000 to date performing as -needed Duration: 2014 - Ongoing geotechnical Reference: Tricia Espinoza, City Engineer a engineering and materials testing and 909.395.2000 tespinoza@ci.ontario.ca.us inspection services as Relevance to this Contract: an extension to the city • Preliminary geotechnical engineering _ "` investigations' .. r. department. Our J • Geotechnical _,r, ar ; 3:r . services have included s #.. task observations/testing and multiple orders report preparation requesting materials testing and inspection services during the • Materials testing and rehabilitation of multiple residential streets and main commuter routes inspection services per ASTM, with the city. ACI, and Caltrans test Typical task orders have included construction observation and field methods and laboratory testing of engineered fill soils and backfill, aggregate • Review of project plans, base rock, asphalt concrete and PCC utilized during utility and street specs, and submittals improvement projects. • Laboratory testing of construction materials CLIENT BENEFITS • Related public improvements Staff Expertise/Quality Work: Kleinfelder's local staff hold Key Staff certifications by the Asphalt Institute, AWS/CWI, NACE, ACI, ICC • Dany Hanna, PE, MS, MBA as well as Caltrar proficiency. These certifications along with our • Mike Dorsch local knowledge of the geology, material suppliers and sources • Bryan Reese, ASP allowed us to provide our client with a team possessing the most • Rick Bell • Sony Pheng recent and relevant knowledge during construction activities. _17- City Council 17 — 99 4/1 MOND— Kleinfelder 113 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 • Thomas Rebosky Ability to Meet Schedule: Kleinfelder utilized our team of local, • Jeffrey Diaz certified staff. to assist the city with minimal disruption to the traveling • Juan Le Roy public. • M Cameron assa • Shawn Mass Cost Savings/Local Office: Kleinfelder utilized our staff and laboratory • Michael Magana located in the City of Ontario to minimize costs associated with travel and increase laboratory testing and reporting time. Availability/Responsiveness: The depth of our team and local operation enabled us to identify the appropriate in-house staff and schedule for service within hours of receiving requests. f. References The following includes select examples of our project experience with references for three public entities for which Kleinfelder has performed similar work within the past five years. These projects are detailed in Section e. Relevant Project Experience. Orange County As -Needed Materials Testing & Public Works Inspection and Geotechnical (OCPW) Engineering Services City of Long Beach On -Call Materials Testing and Geotechnical Services County of Los County of Los Angeles Angeles As -Needed Materials Testing, Inspection, and Geotechnical Engineering Services for Various Street Improvement Projects Vinh Tran, PE, Senior Engineer 714.955.0210 vinh.tran@ocpw.ocgov.com Marc Wright, Construction Service Officer, Bureau of Engineering, Department of Public Works 562.570.5160 marc.wright@longbeach.gov Greg Johnson, PG, CEG, Laboratory Supervisor 626.458.7986 gjohnson@dpw.lacounty.gov City Council Kleinfelder 100 4/1 Z_L�VOER City Council 17 — 101 4/18/2023 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 SECTION 2. SCOPE OF SERVICES AND SCHEDULE Materials Testing and Special Inspection Services Kleinfelder offers materials testing and inspection services that can significantly reduce uncertainties during the construction process. Our engineers work closely with design professionals and other project team members throughout the project's duration, helping to balance the often -competing elements of time, budget, and quality. Kleinfelder plans to perform materials testing and inspection services to assist the City and on -site construction personnel, in maintaining awareness that workmanship is being performed to the project specifications and that construction materials utilized meet minimum project specifications. The depth of our local team and dispatch system enables us to identify the appropriate staff and schedule to respond quickly (within 4 hours or less) and provide the City with quick turn -around time. Our team is experienced with on -call project demands and works 24 hours a day, 365 days a year to meet project needs. Materials testing and inspection services will be performed by knowledgeable individuals familiar with local soil conditions and construction materials standards and attributes. These services are intended to complement and assist the City throughout construction -related activities and our staff will be responsible for: • Observing the work assigned for conformance with approved design drawings and specifications. • Registering deputy inspectors with the City's Planning and Building Agency prior to the start of inspection. • Furnishing typed field reports daily to the City, building official, owner's representative, construction manager, and other designated persons. • Submitting typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with Greenbook and CBC requirements within a week after the work is performed. • Bringing all discrepancies to the immediate attention of the contractor, and if uncorrected, to the attention of the construction manager and City representative. • Submitting a final signed report stating whether the work was to the best of our knowledge, in conformance with approved plans and specifications. Kleinfelder has in-house technicians and inspectors that have been certified by the following agencies: * County of Los Angeles * City of Los Angeles * Caltrans * American Welding Society (AWS) * DGS/DSA for Masonry and Shotcrete Inspection • International Code Council (ICC) * National Institute for the Certification of Engineering Technologies (NICET) * American Construction Inspectors Association (ACIA) * American Concrete Institute (ACI) Kleinfelder provides QA inspection and testing services during construction of numerous projects including public works projects, commercial structures, bridges, mines, roadways, and airport runways. Our supervisory staff under the direction of our Project Manager/Principal Agent will be involved in all aspects of our materials testing and inspection services as well as the safety of our field staff. Mr. Hanna will work with our Health & Safety Manager Mr. Bryan Reese to ensure that our inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space entry and have the proper fall protection and training. Our in-house team can provide the full scope of services listed for the materials testing and inspection of construction -related materials including: City Council 17 — 102 4/1L40N- Mw21o924.001 Kleinfelder 115 �- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 * Site grading * Foundation excavations * Backfill placement * Subgrade preparation * Pile driving * Drilled pier construction * Rock anchor placement * Precast concrete inspection * Welding inspection * Concrete paving * Reinforcement placement • Batch plant inspection • Concrete placement • Asphalt paving • Soil improvement • Load tests • Steel construction • Painting * Masonry construction * High strength bolting • Expansion bolting • Drainage systems • Field instrumentation • Underpinning • Source inspection • Fabrication shop inspection Listed below are the standard materials testing and inspection services which we expect to perform on this contract and have provided for similar on -call contracts: Soil and Aggregate Sampling and Testing. Our certified technicians will sample soil and aggregate using ASTM Standard Practice D75 for the appropriate laboratory testing, which may include sieve analysis, sand equivalent, cleanness value, R-value, maximum density, specific gravity, durability, soundness, and expansion potential. Bituminous Mixture Sampling and Testing. Our certified technicians will sample asphalt concrete mixtures in the field or at the batch plant using ASTM D979 for laboratory testing which may include maximum theoretical unit weight, asphalt extraction, stability, moisture and rutting susceptibility, and gradation analysis. Soil and Base Compaction Testing. Our certified technicians observe placement of soils and aggregate base material and conduct field testing using a nuclear gauge device or sand cone to evaluate the in -place density and moisture of the material and to calculate relative compaction. Results of soil and aggregate base compaction and density testing taken at the job site will be submitted to the City's designated representatives within 24 hours. Micro -surfacing and Slurry Seal. Our certified technicians observe the placement of slurry seal, scrub seal and micro -surfacing materials for resurfacing of the existing roadways. They check for oversize material, monitor mix temperature, proper mixing, and blending of the mix. Our inspectors can also collect samples of slurry seal for wet -track abrasion testing. Asphalt Compaction Testing. Our certified technicians observe placement and compaction of HMA material using nuclear density gauges in accordance with California Test Method 375. Results of asphalt compaction and density testing taken at the job site will be submitted to the City's designated representatives within 24 hours. Asphalt Batch Plant Inspection. Our certified technicians routinely provide batch plant inspection during paving operations to observe and document material quantities, mixing temperatures, binder type and temperatures. They collect samples of asphalt and aggregates and conduct moisture tests and grain size analysis. They also ticket the load for identification by the field inspector. Concrete Batch Plant Inspection. Our certified technicians perform observation and documentation of procedures used in concrete batching. At the batch plant, the inspector monitors and records weights of ingredients for concrete, including admixtures. They also monitor mixing of concrete, slump, addition of water, and adherence to the approved mix design. They will ticket the load for identification by the field inspector. Inspection of Reinforcing Steel at the Fabrication Plant. Our deputy inspectors identify and sample reinforcing steel at the fabrication plant and tag the steel for recognition upon arrival at the project site. We also collect samples of reinforcing steel which are transported to our facility for laboratory testing (bend and tensile) as required by the project plans and specifications. City Council 17 — 103 4/1 tt2,@N— Mw21o924.001 Kleinfelder 116 �-> Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Placement of Reinforcing Steel. Our deputy inspectors will verify the reinforcing steel placement prior to placement of concrete. Reinforcing steel is observed for size, spacing, type, grade, identification, placement, and configuration. Concrete Placement. Our deputy inspectors will observe placement of reinforced concrete and sample the concrete during placement. Our field services will include casting cylinders for compression testing, monitoring of slump, temperature, mixing time, mix design identification, and other field testing required by the plans/specifications. Welding of Structural Steel. Our deputy inspectors or an M = American Welding Society (AWS) Certified Welding Inspector (r..\A/I) nhcarva Xnialriinn nnarntinnc rli irinn ctri it ti iral ctAAl erection and connection at the project location. This is done on both a continuous and periodic basis as dictated by the approved drawings and applicable codes. Our services include the observation of welder certifications, material identification, joint fit -up, pre/post-weld heat treatment, and general compliance of structural steel construction to the project requirements and applicable codes. Installation & Tightening of High -Strength Bolts. Our deputy inspectors observe the installation and tightening of high strength bolts as dictated on the project plans. We perform sampling and tension/torque testing of high strength bolts in accordance with applicable codes and project documents. Non -Destructive Testing of Welds. Our deputy inspectors certified by ASNT in Ultrasonic Testing (UT), Magnetic Particle Testing (MT), Dye Penetrant Testing (DT), or Radiographic Testing (RT) procedures perform nondestructive testing as required by the project plans, specifications, and applicable codes. Structural Steel Fabrication Shop Inspection. Our deputy inspectors or AWS-CWI will observe welding operations during fabrication shop welding prior to shipment of structural members to the project site. This is done on both a continuous and periodic basis as dictated by the approved drawings and applicable codes. Our services include the observation of welder certifications, material identification, joint fit -up, pre/post-weld heat treatment, and general compliance of structural steel construction to the project requirements and applicable codes. Installation & Testing of Drilled -In -Anchors. Our deputy inspectors observe the installation of reinforcing steel/anchor bolts using either a chemical epoxy or mechanical anchor, as specified. Our field services will include verification of the size, depth, spacing, and cleanliness of holes to receive the reinforcing steel/anchors. We will also verify adherence with the manufacturer's specifications for the chemical epoxy/mechanical anchor and conduct proof testing of drilled -in -anchors using approved methods (tension/load/torque testing). Masonry Construction. Our deputy inspectors perform continuous inspection of the placement of concrete masonry units, mortar, reinforcing steel, concrete grout, and items embedded in masonry. We will also sample and test construction materials including pre -construction masonry prisms, grout, and mortar for compression testing, as required by the project specifications. Spray -Applied Fireproofing. Our deputy inspectors visually inspect the condition of surfaces of structural steel to receive fireproofing. The contractor's method of mixing and application and perform thickness testing, density testing, and adhesion/cohesion testing in accordance with the project specifications is verified and the samples are transported to our laboratory for appropriate testing. Post -Tensioned Concrete. Our deputy inspectors observe the placement of post -tensioning tendons, monitoring of tendon profile, and placement of reinforcing steel and concrete. We also measure and record elongation of the post -tensioning tendons during stressing operations. City Council 17 — 104 4/1 t2,@N— Mw21o924.001P Kleinfelder 117 �-- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Shotcrete. Our deputy inspectors will observe shotcrete placement and sample shotcrete materials for appropriate testing. They will observe cores of test panels looking for voids, sand lenses, rebound, or other evidence of inadequate application. Source Inspection. Our deputy inspectors will observe source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. Painting. Our deputy inspectors will visually observe painting/coatings and/or corrosion protection as required by the project specifications. This inspection may include non-destructive testing of the painting coating thickness and/or non-destructive testing which may include holiday testing to verify materials meet the project requirements. In addition to the standard materials testing and inspections listed above, we can provide other quality control services as requested by the City. The Kleinfelder Team has a team of registered engineers and professionals who can work with the City's staff to recommend test methods on defective work and advise the City of acceptance standards. Independent Assurance Sampling and Testing (IAST) Program Kleinfelder's KQMP is designed to be consistent with the requirements of ANSI/ISO/ASQ Q9001-2008, "Quality Management Systems - Requirements", Title 10 of the Code of Federal Regulations, Part 830, Subpart A — "Quality Assurance Requirements" (10CFR830, Subpart A) and implementation guidance provided Department of Energy Order 414.1 D, "Quality Assurance" (DOE O 414.1 D). Our KQMP is generally compliant with other quality requirement documents such as QC-1 (cited in Requests for Proposals by the Department of Defense) and meets Caltrans ISAT program. Our plan is typically invoked on Kleinfelder projects that require sampling/testing other than ANSI/ISO/ASQ Q9001-2008, or 1 OCFR830 Subpart A and Caltrans criteria, with no or minimal modification. Our KQMP consists of two parts which include a written overview of Kleinfelder's quality expectations and the specific endorsed Kleinfelder Quality Procedures (KQPs). This plan will be utilized to verify sampling and testing is performed correctly and to ensure that all equipment is properly calibrated and labelled. Additionally, the plan includes our processes to ensure that actions are immediately taken when test results are questionable or when discrepancies are found, and the corrective actions taken upon findings. Our KQMP also includes a continuous review and as needed modifications, to our processes to stay up to date with industry changes and best i 1 i practices that can benefit Kleinfelder and our clients. Laboratory Accreditations Kleinfelder maintains three southern California laboratories: Ontario, Long Beach, and San Diego. Kleinfelder's laboratories are fully equipped for testing construction materials. Kleinfelder has an in-house QA program to maintain a high level of accuracy and reproducibility in testing services performed by the firm. Experienced technicians perform the laboratory tests under the supervision of a registered professional engineer who will review all test results prior to distribution. Our laboratory will conduct acceptance testing of the materials on the first day when work is performed, and will continue to perform testing until the work is completed. All gauges, proving rings, scales, and other equipment used for testing are maintained and calibrated on a City Council 17 — 105 4/1 L40N- Mw21o92a.oa1 Kleinfelder 118 �- Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 regular basis by certified independent agencies in accordance with recognized national standards. Kleinfelder's own QA program is supplemented with regular inspection by governmental agencies. The most significant outside QA inspection of our firm is by the National Bureau of Standards through the Commercial Testing Laboratory Accreditation Program administered by AASHTO-AMRL. All of our laboratories participate in correlation testing programs including CCRL and AASHTO-AMRL proficiency testing programs, also administered by the National Bureau of Standards and the reference sample programs offered by Caltrans. Kleinfelder is one of the few commercial testing facilities in the state to participate in all of the programs, which are accepted as the most rigorous evaluation available in the field of materials testing. Kleinfelder's accredited laboratories are inspected and certified regularly by agencies that include: * City of Los Angeles * DGS DSA * CCRL * Caltrans * AASHTO-AMRL * USACE Kleinfelder laboratory facilities offer state-of-the-art capabilities in PCC, asphalt concrete, steel, masonry, and soils. Our facilities meet all ASTM E329 requirements for testing of concrete, soil, masonry, and bituminous materials. Our laboratory and field-testing capabilities include the use of specialized equipment not found with many firms. Another value-added service Kleinfelder offers is self-contained mobile laboratories to conduct a variety of soils, materials, and concrete testing on site. All mobile laboratories undergo appropriate reviews, inspections, and certifications prior to commencement of construction. The Kleinfelder team is committed to reporting laboratory test results to the City and its designated representatives in a timely fashion. Results of sand equivalent, cleanness value, and sieve analysis material sampled from the material source will be submitted to the Resident Engineer within 24 hours of sampling. Similarly, results for these tests for soil and aggregate material sampled from the job site will be submitted in accordance with the City's RFQ Section titled Reporting Test Results. The Kleinfelder Team staff's its laboratories around -the -clock and will meet the City's demands to report laboratory test results. Our DBE subcontractor TransMat, Inc. also maintains an accredited laboratory that will be available as needed and will adhere to the same laboratory reporting timelines. Please see Appendix B for copies of laboratory accreditations. City Council 17 — 106 4/19LiAMDER Mw21o924.001 Kleinfelder 119 � EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL City Council 17 — 107 4/18/2023 Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal EXHIBIT 10-1-12 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Dany Hanna, PE Signature Email: dhanna@kleinVider.com Title* Project Manager / Principal Agent Date of Certification (mm/dd/yyyy): 1/24/2023 Phone Number: 909.376.6128 Address: 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Building/Construction Inspection and Field Soils and Material Testing CityCouncil 17 — 108 4/18/2 e 7 of 9 ary 2020 Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT 10-1-12 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10.48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying:_ Name: Kreetha Mekchai Signature Email: transmatinc@gmail.com Title*: CEO/President Date of Certification (mm/dd/yyyy): 09/24/2020 Phone Number: 626-532-7705 Address: 8966 Benson Ave. Unit B, Montclair, CA 91763 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is oils and Material Testing/Laboratory under the or000sed contract: CityCouncil 17 — 109 4/18/2 e 7 of 9 ary 2020 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10.142 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. Project No. RFQ 20-111 Contract No. TBD ZPrime Consultant ❑ Subconsultant Participation Amount NTE $950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% 57.05% + 101.97% = 159.02% Fee = 10.00% 2.84922 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only Michael Dorsch $ 249.59 N/A N/A 10/1/2022 9/30/2023 $ 87.60 - Project Manager $ 257.09 N/A N/A 10/1/2023 9/30/2024 $ 90.23 3.00% $ 264.81 N/A N/A 10/1/2024 9/30/2025 $ 92.94 3.00% Not Applicable Exempt Non -Prevailing Wage Amber Parker $ 213.69 N/A N/A 10/1/2022 9/30/2023 $ 75.00 - Task Order Manager $ 220.10 N/A N/A 10/1/2023 9/30/2024 $ 77.25 3.00% $ 226.71 N/A N/A 10/1/2024 9/30/2025 $ 79.57 3.00% Not Applicable Exempt Non -Prevailing Wage Ammar Kartite $ 205.49 N/A N/A 10/1/2022 9/30/2023 $ 72.12 - Task Order Manager $ 211.64 N/A N/A 10/1/2023 9/30/2024 $ 74.28 3.00% $ 217.99 N/A N/A 10/1/2024 9/30/2025 $ 76.51 3.00% Not Applicable Exempt Non -Prevailing Wage Enrique Romero $ 106.67 N/A N/A 10/1/2022 9/30/2023 $ 37.44 - Task Order Manager $ 109.87 N/A N/A 10/1/2023 9/30/2024 $ 38.56 3.00% $ 113.17 N/A N/A 10/1/2024 9/30/2025 $ 39.72 3.00% Not Applicable Exempt Non -Prevailing Wage Jeff Diaz $ 171.81 N/A N/A 10/1/2022 9/30/2023 $ 6030 - Task Order Manager $ 176.97 N/A N/A 10/1/2023 9/30/2024 $ 62.11 3.00% $ 182.26 N/A N/A 10/1/2024 9/30/2025 $ 63.97 3.00% Not Applicable Exempt Non -Prevailing Wage Jennifer Estes $ 91.35 N/A N/A 10/1/2022 9/30/2023 $ 32.06 - Contract Administrator $ 94.08 N/A N/A 10/1/2023 9/30/2024 $ 33.02 3.00% $ 96.90 N/A N/A 10/1/2024 9/30/2025 $ 34.01 3.00% Not Applicable Exempt Non -Prevailing Wage Brian Kennedy $ 118.61 N/A N/A 10/1/2022 9/30/2023 $ 41.63 - Contract Administrator $ 122.17 N/A N/A 10/1/2023 9/30/2024 $ 42.88 3.00% $ 125.85 N/A N/A 10/1/2024 9/30/2025 $ 44.17 3.00% Not Applicable Exempt Non -Prevailing Wage Thomas Rebosky* $ 82.29 $ 123.43 $ 164.57 10/1/2022 9/30/2023 $ 28.88 - Technician/Inspector $ 84.76 $ 127.15 $ 169.53 10/1/2023 9/30/2024 $ 29.75 3.00% $ 87.30 $ 130.95 $ 174.60 10/1/2024 9/30/2025 $ 30.64 3.00% Not Applicable Non -Exempt Non -Prevailing Wage William Cruze* $ 89.75 $ 134.63 $ 179.50 10/1/2022 9/30/2023 $ 31.50 - Technician/Jnspector $ 92.46 $ 138.69 $ 184.91 10/1/2023 9/30/2024 $ 32.45 3.00% $ 95.22 $ 142.83 $ 190.44 10/1/2024 9/30/2025 $ 33.42 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Chris Barry* $ 83.77 $ 125.65 $ 167.53 10/1/2022 9/30/2023 $ 29.40 - Technician/Inspector $ 86.27 $ 129.41 $ 172.55 10/1/2023 9/30/2024 $ 30.28 3.00% $ 88.87 $ 133.30 $ 177.73 10/1/2024 9/30/2025 $ 31.19 3.00% Not Applicable Non -Exempt Non -Prevailing Wage David Magana* $ 71.23 $ 106.85 $ 142.46 10/1/2022 9/30/2023 $ 25.00 - Technician/Jnspector $ 73.37 $ 110.05 $ 146.73 10/1/2023 9/30/2024 $ 25.75 3.00% $ 75.56 $ 113.34 $ 151.12 10/1/2024 9/30/2025 $ 26.52 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Dietrich Unger* $ 94.02 $ 141.04 $ 188.05 10/1/2022 9/30/2023 $ 33.00 - Technician/Inspector $ 96.84 $ 145.27 $ 193.69 10/1/2023 9/30/2024 $ 33.99 3.00% $ 99.75 $ 149.63 $ 199.50 10/1/2024 9/30/2025 $ 35.01 3.00% Not Applicable Non -Exempt Non -Prevailing Wage City Council 17 -110 4/18/2023 Page 1 of 5 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10.142 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. Project No. RFQ 20-111 Contract No. TBD ZPrime Consultant ❑ Subconsultant Participation Amount NTE $950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% 57.05% + 101.97% = 159.02% Fee = 10.00% 2.84922 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only Domenic Montemayor* $ 84.19 $ 126.29 $ 168.39 10/1/2022 9/30/2023 $ 29.55 - Technician/Jnspector $ 86.73 $ 130.10 $ 173.46 10/1/2023 9/30/2024 $ 30.44 3.00% $ 89.32 $ 133.98 $ 178.65 10/1/2024 9/30/2025 $ 31.35 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Eric Kennedy* $ 126.85 $ 190.27 $ 253.69 10/1/2022 9/30/2023 $ 44.52 - Technician/Inspector $ 130.67 $ 196.00 $ 261.33 10/1/2023 9/30/2024 $ 45.86 3.00% $ 134.60 $ 201.90 $ 269.19 10/1/2024 9/30/2025 $ 47.24 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Jimmy Gomez* $ 113.97 $ 170.95 $ 227.94 10/1/2022 9/30/2023 $ 40.00 - Technician/Inspector $ 117.39 $ 176.08 $ 234.78 10/1/2023 9/30/2024 $ 41.20 3.00% $ 120.92 $ 181.38 $ 241.84 10/1/2024 9/30/2025 $ 42.44 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Marcus Molina* $ 101.15 $ 151.72 $ 202.29 10/1/2022 9/30/2023 $ 35.50 - Technician/Inspector $ 104.20 $ 156.29 $ 208.39 10/1/2023 9/30/2024 $ 36.57 3.00% $ 107.33 $ 161.00 $ 214.66 10/1/2024 9/30/2025 $ 37.67 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Mario Sanchez* $ 88.33 $ 132.49 $ 176.65 10/1/2022 9/30/2023 $ 31.00 - Technician/Jnspector $ 90.98 $ 136.46 $ 181.95 10/1/2023 9/30/2024 $ 31.93 3.00% $ 93.71 $ 140.57 $ 187.42 10/1/2024 9/30/2025 $ 32.89 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Michael Magana* $ 150.32 N/A N/A 10/1/2022 9/30/2023 $ 52.76 - Technician/Inspector $ 154.83 N/A N/A 10/1/2023 9/30/2024 $ 54.34 3.00% $ 159.47 N/A N/A 10/1/2024 9/30/2025 $ 55.97 3.00% Not Applicable Exempt Non -Prevailing Wage Mike Dillon* $ 74.08 $ 111.12 $ 148.16 10/1/2022 9/30/2023 $ 26.00 - Technician/Inspector $ 76.30 $ 114.45 $ 152.60 10/1/2023 9/30/2024 $ 26.78 3.00% $ 78.58 $ 117.87 $ 157.16 10/1/2024 9/30/2025 $ 27.58 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Sage Dempsey* $ 62.60 $ 93.90 $ 125.19 10/1/2022 9/30/2023 $ 21.97 - Technician/Inspector $ 64.48 $ 96.72 $ 128.96 10/1/2023 9/30/2024 $ 22.63 3.00% $ 66.42 $ 99.62 $ 132.83 10/1/2024 9/30/2025 $ 23.31 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Sarah Duarte* $ 80.86 $ 121.29 $ 161.72 10/1/2022 9/30/2023 $ 2838 - Technician/Jnspector $ 83.28 $ 124.92 $ 166.57 10/1/2023 9/30/2024 $ 29.23 3.00% $ 85.79 $ 128.69 $ 171.58 10/1/2024 9/30/2025 $ 30.11 3.00% Not Applicable Non -Exempt Non -Prevailing Wage ScottMorris* $ 109.95 $ 164.93 $ 219.90 10/1/2022 9/30/2023 $ 38.59 - Technician/Inspector $ 113.26 $ 169.88 $ 226.51 10/1/2023 9/30/2024 $ 39.75 3.00% $ 116.65 $ 174.97 $ 233.29 10/1/2024 9/30/2025 $ 40.94 3.00% Not Applicable Non -Exempt Non -Prevailing Wage City Council 17 -111 4/18/2023 Page 2 of 5 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10.142 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. Project No. RFQ 20-111 Contract No. TBD ZPrime Consultant ❑ Subconsultant Participation Amount NTE 950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% 57.05% + 101.97% = 159.02% Fee = 10.00% 2.84922 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only Shawn McLaren* $ 108.27 $ 162.41 $ 216.54 10/1/2022 9/30/2023 $ 38.00 - Technician/Jnspector $ 111.52 $ 167.28 $ 223.04 10/1/2023 9/30/2024 $ 39.14 3.00% $ 114.85 $ 172.28 $ 229.70 10/1/2024 9/30/2025 $ 40.31 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Steven Martinez* $ 108.27 $ 162.41 $ 216.54 10/1/2022 9/30/2023 $ 38.00 - Technician/Inspector $ 111.52 $ 167.28 $ 223.04 10/1/2023 9/30/2024 $ 39.14 3.00% $ 114.85 $ 172.28 $ 229.70 10/1/2024 9/30/2025 $ 40.31 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Chris Rice* $ 88.35 $ 132.53 $ 176.71 10/1/2022 9/30/2023 $ 31.01 - Technician/Inspector $ 91.00 $ 136.51 $ 182.01 10/1/2023 9/30/2024 $ 31.94 3.00% $ 93.74 $ 140.61 $ 187.48 10/1/2024 9/30/2025 $ 32.90 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Jacob Collins* $ 109.32 $ 163.99 $ 218.65 10/1/2022 9/30/2023 $ 38.37 - Technician/Inspector $ 112.60 $ 168.90 $ 225.20 10/1/2023 9/30/2024 $ 39.52 3.00% $ 115.99 $ 173.99 $ 231.98 10/1/2024 9/30/2025 $ 40.71 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Kim Byrd* $ 139.21 $ 208.82 $ 278.43 10/1/2022 9/30/2023 $ 48.86 - Technician/Inspector $ 143.40 $ 215.10 $ 286.80 10/1/2023 9/30/2024 $ 50.33 3.00% $ 147.70 $ 221.56 $ 295.41 10/1/2024 9/30/2025 $ 51.84 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Michael Carmen* $ 126.22 $ 189.33 $ 252.44 10/1/2022 9/30/2023 $ 44.30 - Technician/Inspector $ 130.01 $ 195.01 $ 260.02 10/1/2023 9/30/2024 $ 45.63 3.00% $ 133.91 $ 200.87 $ 267.83 10/1/2024 9/30/2025 $ 47.00 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Vartan Deirdeirian* $ 142.32 $ 213.48 $ 284.64 10/1/2022 9/30/2023 $ 49.95 - Technician/Jnspector $ 146.59 $ 219.89 $ 293.18 10/1/2023 9/30/2024 $ 51.45 3.00% $ 150.98 $ 226.47 $ 301.96 10/1/2024 9/30/2025 $ 52.99 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Julian Calderon* $ 81.20 $ 121.80 $ 162.41 10/1/2022 9/30/2023 $ 28.50 - Technician/Inspector $ 83.65 $ 125.48 $ 167.31 10/1/2023 9/30/2024 $ 29.36 3.00% $ 86.16 $ 129.24 $ 172.32 10/1/2024 9/30/2025 $ 30.24 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Cameron Massa* $ 78.35 $ 117.53 $ 156.71 10/1/2022 9/30/2023 $ 27.50 - Technician/Jnspector $ 80.72 $ 121.08 $ 161.44 10/1/2023 9/30/2024 $ 28.33 3.00% $ 83.14 $ 124.71 $ 166.28 10/1/2024 9/30/2025 $ 29.18 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Non -Prevailing Wage Technician/Inspector* $ 100.19 $ 150.29 $ 200.39 10/1/2022 9/30/2023 $ 35.17 - $ 103.20 $ 154.80 $ 206.40 10/1/2023 9/30/2024 $ 36.22 3.00% $ 106.30 $ 159.46 $ 212.61 10/1/2024 9/30/2025 $ 37.31 3.00% Not Applicable Non -Exempt City Council 17 -112 4/18/2023 Page 3 of 5 Local Assistance Procedures Manual EXHIBIT 10-1I2 Cost Proposal EXHIBIT 10.142 COST PROPOSAL SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. ❑K Prime Consultant ❑ Subconsultant Project No. RFQ 20-111 Contract No. TBD Participation Amount NTE 950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% 57.05% + 101.97% = 159.02% Fee = 10.00% 2.84922 BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate I increase for Classifications Only CRAFT• BUILDING/CONSTRUCTION INSPECTOR AND FIELD GENERAL PREVAILING WAGE SOILS AND MATERIAL TESTERS Hourly Billing Rates Effective date of hourly rate Engineering Technician (Field) Straight OT(I.5X) OT(2x) From To $ 173.86 $ 245.80 $ 317.74 10/1/2022 9/30/2023 Group 1 - Field Soils and Material Testers $ 179.08 $ 253.17 $ 327.27 10/1/2023 9/30/2024 $ 184.45 $ 260.77 $ 337.09 1 10/1/2024 9/30/2025 $ 178.93 $ 253.40 $ 327.88 10/1/2022 9/30/2023 Group 2 - Special Inspection / Batch Plant $ 184.30 $ 261.00 $ 337.72 10/1/2023 9/30/2024 $ 189.83 $ 268.83 $ 347.85 10/1/2024 9/30/2025 $ 184.63 $ 261.95 $ 339.28 10/1/2022 9/30/2023 Group 3 - Nondestructive Testing $ 190.17 $ 269.81 $ 349.46 10/1/2023 9/30/2024 $ 195.87 $ 277.90 $ 359.94 10/1/2024 9/30/2025 Hourly Billing Rates Effective date of hourly rate Engineering Technician (Field) -Special Shift Straight OT(I.5X) OT(2x) From To $ 175.28 $ 247.93 $ 320.59 10/1/2022 9/30/2023 Group 1 - Field Soils and Material Testers (Special Shift) $ 180.54 $ 255.37 $ 330.21 10/1/2023 9/30/2024 $ 185.95 $ 263.03 $ 340.11 10/1/2024 9/30/2025 $ 180.35 $ 255.54 $ 330.73 10/1/2022 9/30/2023 Group 2 (Special Shift) $ 185.76 $ 263.21 $ 340.65 10/1/2023 9/30/2024 $ 191.33 $ 271.10 $ 350.87 10/1/2024 9/30/2025 $ 186.05 $ 264.09 $ 342.13 10/1/2022 9/30/2023 Group 3 (Special Shift) $ 191.63 $ 272.01 $ 352.39 10/1/2023 9/30/2024 $ 197.38 $ 280.17 $ 362.97 10/1/2024 9/30/2025 NOTES: *Subject to Prevailing Wage - Billing rate = actual hourly rate * (1 + ICR) * (1 + Fee). -Prevailing Wage DIR Detemtination: SC-23-63-2-2020-2D - 3%annual escalation City Council 17 -113 4/18/2023 Page 4 of 5 w H U H z O � U F Q Q z o�ZO U ¢z Ca,00 Q' as W d � W z z ¢W two WU O oz O U a UO 0 U P-� a M 0 z 0 A O F U H U 9z 1 WW o� oa w w U w � Cd O � O A b bn o �o U •O Q U O � H W P•, C% �1 (6 ci LP) Q o m o Ln C cn C a o °C U City Council 17 —114 4/18/2023 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10-H2 COST PROPOSAL Page 1 o£3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant TransMat, Inc. Project No. TBD Contract No. TBD ❑ Prime Consultant �X Subconsultant Participation Amount=Iin $950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% + SHR 110.00 % BILLING INFORMATION Fee - 10.00 % CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only Kreetha Mechai* $ 143.22 $ 214.83 $ 286.44 10/1/2022 9/30/2023 $ 62.00 - Material Tester $ 147.52 $ 221.27 $ 295.03 10/1/2023 9/30/2024 $ 63.86 3.00% Material Field & Laboratory Testing $ 151.95 $ 227.93 $ 303.90 10/1/2024 9/30/2025 $ 65.78 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Manuel Uy* $ 138.60 $ 207.90 $ 277.20 10/1/2022 9/30/2023 $ 60.00 - Material Tester $ 142.76 $ 214.14 $ 285.52 10/1/2023 9/30/2024 $ 61.80 3.00% Material Field & Laboratory Testing $ 147.03 $ 220.55 $ 294.06 10/1/2024 9/30/2025 $ 63.65 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Ian Snyder* $ 138.60 $ 207.90 $ 277.20 10/1/2022 9/30/2023 $ 60.00 - Material Tester $ 142.76 $ 214.14 $ 285.52 10/1/2023 9/30/2024 $ 61.80 3.00% Material Field & Laboratory Testing $ 147.03 $ 220.55 $ 294.06 10/1/2024 9/30/2025 $ 63.65 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Jesus Ruben Roque* $ 124.74 $ 187.11 $ 249.48 10/1/2022 9/30/2023 $ 54.00 - Material Tester $ 128.48 $ 192.72 $ 256.96 10/1/2023 9/30/2024 $ 55.62 3.00% Material Field & Laboratory Testing $ 132.34 $ 198.51 $ 264.68 10/1/2024 9/30/2025 $ 57.29 3.00% Not Applicable Non -Exempt Non -Prevailing Wage David Valenzuela* $ 124.74 $ 187.11 $ 249.48 10/1/2022 9/30/2023 $ 54.00 - Material Tester $ 128.48 $ 192.72 $ 256.96 10/1/2023 9/30/2024 $ 55.62 3.00% Material Field & Laboratory Testing $ 132.34 $ 198.51 $ 264.68 10/1/2024 9/30/2025 $ 57.29 3.00% Not Applicable Non -Exempt Non -Prevailing Wage Non -Prevailing Wage Technician/Inspector* $ 133.98 $ 200.97 $ 267.96 10/1/2022 9/30/2023 $ 58.00 - $ 138.00 $ 207.00 $ 276.00 10/1/2023 9/30/2024 $ 59.74 3.00% $ 142.13 $ 213.20 $ 284.27 10/1/2024 9/30/2025 $ 61.53 3.00% Not Applicable Non -Exempt City Council 17 -115 4/18/2023 City of Santa Ana RFQ 20-111 1of3 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10-112 COST PROPOSAL Page 1 o£3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant TransMat, Inc. D Prime Consultant �X Subconsultant Project No. TBD Contract No. TBD Participation Amount=lin $950,000.00 ❑ 2nd Tier Subconsultant Date 1/27/2023 FRINGE BENEFIT % + GENERAL & ADMINISTRATIVE % = COMBINED ICR% + SHR 110.00 % Fee 10.00 % BILLING INFORMATION CALCULATION INFORMATION Name/Job Title/Classification Hourly Billing Rates Effective date of hourly rate Actual or Avg % or $ Hourly Range - Straight OT(I.5x) OT(2x) From To Hourly Rate increase for Classifications Only GENERAL PREVAILING WAGE CRAFT: BUILDING/CONSTRUCTION INSPECTOR AND FIELD Hourly Billing Rates Effective date of hourly rate Engineering Technician (Field) Straight OT(1.5x) OT(2x) From To $ 146.63 $ 204.95 $ 263.28 10/1/2022 9/30/2023 Group 1 - Field Soils and Material Testers $ 151.03 $ 211.10 $ 271.18 10/1/2023 9/30/2024 $ 155.56 $ 217.43 $ 279.31 10/1/2024 9/30/2025 $ 150.74 $ 211.12 $ 271.50 10/1/2022 9/30/2023 Group 2 - Special Inspection / Batch Plant $ 155.26 $ 217.45 $ 279.65 10/1/2023 9/30/2024 $ 159.92 $ 223.98 $ 288.03 10/1/2024 9/30/2025 $ 155.36 $ 218.05 $ 280.74 10/1/2022 9/30/2023 Group 3 - Nondestructive Testing $ 160.02 $ 224.59 $ 289.16 10/1/2023 9/30/2024 $ 164.82 $ 231.33 $ 297.84 10/1/2024 9/30/2025 Engineering Technician (Field) - Special Shift a11 Straight OT(I.5X) OT(2x) From To $ 147.78 $ 206.69 $ 265.59 10/1/2022 9/30/2023 Group 1 - Field Soils and Material Testers (Special Shift) $ 152.21 $ 212.89 $ 273.56 10/1/2023 9/30/2024 $ 156.78 $ 219.28 $ 281.76 10/1/2024 9/30/2025 $ 151.89 $ 212.85 $ 273.81 10/1/2022 9/30/2023 Group 2 (Special Shift) $ 156.45 $ 219.24 $ 282.02 10/1/2023 9/30/2024 $ 161.14 $ 225.81 $ 290.49 10/1/2024 9/30/2025 $ 156.51 $ 219.78 $ 283.05 10/1/2022 9/30/2023 Group 3 (Special Shift) $ 161.21 $ 226.37 $ 291.54 10/1/2023 9/30/2024 $ 166.04 $ 233.16 $ 300.29 10/1/2024 9/30/2025 NOTES: *Subject to Prevailing Wage - Billing rate - actual hourly rate * (1 + ICR) * (1 + Fee). Prevailing Wage DIR Determination: SC-23-63-2-2020-21) 3 % annual escalation City Council 17 -116 4/18/2023 City of Santa Ana RFQ 20-111 2of3 Local Assistance Procedures Manual EXHIBIT 10-112 Cost Proposal EXHIBIT 10-112 COST PROPOSAL Page 3 of 3 SPECIFIC RATE OF COMPENSATION (USE FOR ON -CALL OR AS -NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Consultant Kleinfelder, Inc. Project No. TBD Contract No. N/A �X Prime Consultant ❑ Subconsultant Date 1/27/2023 SCHEDULE OF OTHER DIRECT COST ITEMS Description of Item Quantity Unit Unit Cost Total Vehicle Mileage Costs Mile per IRS rate Equipment Rental and Supplies EA at cost Per Diem EA at cost Laboratory Test Rates - per attached Subconsultants/Vendors EA at cost City of Santa Ana City Council 17 —117 4/18/202 Q "-111 Page 3 of 3 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 10% 3. Project Description: As -Needed Materials Testing and Special Inspection Services 4. Project Location: Various locations throughout the City of Santa Ana 5. Consultant's Name: Kleinfelder, Inc. 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: NTE$950,000 8. Total Dollar Amount for ALL Subconsultants: $950,000.00 9. Total Number of ALL Subconsultants: 1 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Field and laboratory testing inspection DBE CUCP #45222 TransMat, Inc. - 243 W Chestnut Ave., Monrovia, CA 91016-3315 g50,000.0 Kreetha Mekchai - 909.293.9186 Local Agency to Complete this Section $950,000 20. Local Agency Contract nli imhor• 14. TOTAL CLAIMED DBE PARTICIPATION 10% 21. Federal -Aid Project Number: 22. Contract Execution natP Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. 1 /30/2023 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Dany Hanna, PE 909.736.6128 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Principal Agent 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original — Local Agency 2. Copy — Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. City Council 17 —118 Page 1 of 2 4/18/202guly 23, 2015 EXHIBIT 3 AGREEMENT WITH RMA GROUP TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGREEMENT is made and entered into this 18th day of April, 2023 by and between RMA Group, 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 September 2, 2020 the City issued a Request for Proposal ("RFP") No. 20-111, by which it sought qualified consultants to provide on -call material testing and special inspection services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the city. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 20-111. 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 During the term of this Agreement, Consultant shall perform all tasks, services, and obligations described in the scope of work section included within RFP No. 20-111, including providing all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the "Scope of Services", which was included in RFP 20-111 and is attached hereto and fully incorporated herein by this reference as Exhibit A, and as more specifically set forth in Consultant's proposal (excluding fee and cost proposal and resumes), which is attached hereto and fully incorporated herein by this reference as Exhibit B. 2. ALLOWABLE COSTS AND PAYMENTS 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 Consultant's Fee and Cost Proposal, which is attached hereto and fully incorporated herein by this reference as Exhibit C. Consultant is one of three (3) separate consultants selected to provide services on an on -call basis under RFP 20-111. The total compensation for services provided by all consultants selected under RFP 21-105 City Council Page17 —119 4/18/2023 shall not exceed the shared aggregate amount of $950,000.00 during the term of this Agreement, including any extension periods as set forth in Section 4, below. b. Consultant's Fee and Cost Proposal is attached hereto and fully incorporated herein as Exhibit C. The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fees. These rates are not adjustable for the performance period set forth in this Agreement. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the fee and cost proposal and identified in the fee and cost proposal, and in the executed Task Order. Specific projects will be assigned to Consultant through issuance of Task Orders. After a project to be performed under this Agreement is identified by City, City will prepare a draft Task Order less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City Project Coordinator. The draft Task Order will be delivered to Consultant for review. Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized Task Order shall be signed by both City and Consultant. d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant's Cost Proposal. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. f. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from City before exceeding such estimate. g. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. h. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City. No payment will be made prior to approval or for any work performed prior to approval of this Agreement. i. A Task Order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project, and work shall not commence until a Task Order for that project has been executed by City. City Council 17 — 120 4/18/2023 j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City of itemized invoices in triplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number, project title, and Task Order number. Credits due to City that include any equipment purchased under the Equipment Purchase provision of this Agreement must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address: City of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92702. k. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this Agreement. The total amount payable by City for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. in. If the Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. n. Task Orders may not be used to amend this Agreement and may not exceed the scope of work under this Agreement. o. The total amount payable by City for all Task Orders resulting from this Agreement shall not exceed an aggregate amount of $950,000.00. It is understood and agreed that there is no guarantee, either expressed or implied, that this dollar amount will be authorized under this Agreement through Task Orders. P. Consultant shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for the City's Project Manager to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. q. Consultant's Project Manager shall meet with City's Project Manager, as needed, to discuss progress on the project(s). r. This Agreement is valid and enforceable only if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by City Council 1 17 — 121 4/18/2023 Congress, the State Legislature, or the City that may affect the provisions, terms or funding of this Agreement in any manner. 3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part 31, Contract Cost Principals and Procedures, shall be used to determine the allowability of individual terms of cost. et seq., shall be used to determine the cost allowability of individual items. b. Consultant agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. 4. PERFORMANCE PERIOD a. This Agreement shall go into effect on April 18, 2023, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City. This Agreement shall end on July 5, 2024, unless terminated earlier in accordance with Section 21, 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. b. Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this Agreement, the terms of the Agreement shall be extended by amendment. 5. STATE PREVAILING WAGE RATES a. If applicable, Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this City Council 17 — 122 4/18/2023 Section, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations, Consultant is responsible for paying the appropriate rate, including escalations that take place during the term of the Agreement. d. When prevailing rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City. 6. 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. 7. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all 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. City Council 17 — 123 4/18/2023 8. MINIMUM INSURANCE REQUIREMENTS a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 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 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 property damage. (iii) Workers' Compensation insurance 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. (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity 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 Entity. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The Entity, 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 both CG 20 10, CG 20 26, CG 20 33, City Council 17 — 124 4/18/2023 or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. (iv) Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity 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 Entity has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity 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 Entity. (vi) 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 Entity. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. 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" coverage for a minimum of five (5) years after completion of contract work. OF City Council 17 — 125 4/18/2023 (viii) Verification of Coverage. Consultant shall furnish the Entity 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Entity is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 9. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 17 — 126 4/18/2023 10. 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. 11. RETENTION OF RECORDS/AUDIT For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of this Agreement, pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested. 12. AUDIT REVIEW PROCEDURES a. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by mutual agreement shall be reviewed by the City. b. Not later than 30 days after issuance of the final audit report, Consultant may request a review by the City of unresolved audit issues. The request for review will be submitted in writing, submitted to the project manager of RFP. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. 13. 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 City Council 17 — 127 4/18/2023 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. 14. CONFLICT OF INTEREST a. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project that will follow. b. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. C. Consultant agrees to complete any statements of economic interest if required by either City ordinance or State law. 15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 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: Jennifer L. Hall City Clerk 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 17 — 128 4/18/2023 Nabil Saba Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-5635 To Consultant: Slawek Dymerski, PE, GE Vice President/Principle-in-Charge RMA Group, Inc. 1210 E. 223rd Street, Suite 319 Carson, CA 900745 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. 17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any party, which are not embodied herein. 18. SUBCONTRACTING a, Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation City Council 17 — 129 4/18/2023 to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to the Consultant. b. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by City, except that which is expressly identified in the approved Cost Proposal. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. d. All subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants. Any substitution of subconsultant(s) must be approved in writing by City prior to the start of work by the subconsultant(s). 19. EQUIPMENT PURCHASE a. Prior authorization in writing by City shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following condition: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, based on a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. City Council 17 — 130 4/18/2023 20. 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. 21. TERMINATION a. City reserves the right to terminate this Agreement upon thirty (30) calendar days written notice to Consultant with the reasons for termination stated in the notice. Upon termination, City shall be entitled to all work including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by the City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 22. 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. 23. 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. 24. STATEMENT OF COMPLIANCE a. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 11102. City Council 'l7 — 131 4/18/2023 b. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, gender, gender identity, gender expression, sexual orientation, military or veteran status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. d. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. e. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT'S Regulations, including employment practices when the Agreement covers a program whose goal is employment. f. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national origin. In administering the City components of the Disadvantaged Business Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will City Council 17 — 132 4/18/2023 not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement, Consultant shall carryout applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy, which the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payment if applicable; 2) Assessing sanctions; 3) Liquidating damages; and/or 4) Disqualifying consultant from future proposing as non -responsible. h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform work with their own forces or obtain materials from other sources without authorization from City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid. Consultant shall notify City's designated representative of any changes to its anticipated DBE participation before starting the affected work. Consultant shall notify City of any notices of decertification or certification regarding a subconsultant's DBE status. j. Consultant shall provide all required DBE forms to the City as required pursuant to applicable law. k. All certifications required for the Bid are attached hereto as part of Exhibit B to the Agreement. 1. In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by Consultant of the Consultant's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or City Council 17 — 133 4/18/2023 national origin. M. Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Consultant has made to obtain the information. n. In the event of Consultant's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. Cancellation, termination or suspension of the Agreement, in whole or in part. o. Consultant shall include the provisions of paragraphs a. through p. in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States. P. During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "Consultant") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to the following Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits City Council 17 — 134 4/18/2023 discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq). 25. DEBARMENT AND SUSPENSION CERTIFICATION a. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, 4 OF City Council 17 — 135 4/18/2023 debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. b. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 26. 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. [SIGNATURES ON FOLLOWING PAGE] City Council 17 — 136 4/18/2023 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Ir 1� Y �.Yllil Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B �— Y: ndon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director, Public Works Agency KRISTINE RIDGE City Manager RMA GROUP, INC. By:A_�►n�t�� Title:��r�.� Page 19 City Council 17 — 137 4/18/2023 EXHIBIT A SCOPE OF SERVICES City Council 17 — 138 4/18/2023 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO.20-111 INTRODUCTIONBACKGROUND Under the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The total value of construction is estimated to exceed $100 million. In order to maintain high quality of construction, the City intends to retain testing and inspection firms to provide quality assurance services for those projects. The selected firms are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting firms for the required services. The selected consultant is expected to enter into an agreement with the City to provide services on an as -needed basis. Prime consultant mark-ups for sub -consultant work will not be allowed. All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City. The selected consultants must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. The City desires to enter into Agreements with multiple top-ranking firms for an initial three (3)- year term, with a City option to exercise one (1), two (2)-year extension period. The annual amount to be expended under the Agreement will vary at the City's discretion and will be dependent on available funding. City of Santa Ana RFP 20-111 City Council age 17 — 139 4/18/2023 A. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: ♦ Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications. Submit daily field reports to the City and a final report after work is completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents. Submit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning and Building Agency prior to start inspection. ♦ Perform tests on various construction materials as required by the City. Available tests may include the following: o Mix Designs o Concrete o Concrete Blocks o Brick Masonry o Masonry Prisms o Mortar and Grout o Fireproofing o Soils and Aggregates o Asphalt Concrete o Reinforcing Steel o Environmental ♦ Inspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and fall protection. ♦ Recommend testing method on defective work and advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. ♦ Provide other quality control services as requested by the City. ♦ Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Book" and "CBC" requirements and to other concerned parties within a week after the work is performed. City of Santa Ana RFP 20-111 City Council age - 7 — 140 4/18/2023 ♦ Submit a final report to the City within five working days upon completion of each project. B. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Federal or State grants, the selected consulting firm must comply with requirements of Caltrans' construction manual and the following: Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. They can be certified by Caltrans' District Materials Engineer, by the National Institute Certification of Engineering Technologies, or by other authority acceptable by the Construction Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate must be on file in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. ♦ The testing laboratory must be under the supervision of a registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel under his/her supervision. ♦ The selected firm must maintain the laboratory testing equipment in accordance with recognized national standards. ♦ The selected firm must have an independent assurance testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: ♦ AASHTO Materials Reference Laboratory (ARML) ♦ Cement and Concrete Reference Laboratory (CCRL) ♦ Caltrans' Reference Samples Program (RSP) Acceptance Testing and Sampling ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. City of Santa Ana RFP 20-111 City Council age - 7 — 141 4/18/2023 Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Engineer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggregate samples are taken at the job site, results of these tests should be submitted within 72 hours. ♦ Results of compaction and density tests taken at the job site should be submitted within 24 hours. ♦ When samples of soils and asphalt concrete are taken at the job site, R-value and result of asphalt extraction test should be submitted within 96 hours. Independent Assurance Sampling and Testing The selected firm shall establish and maintain an Independent Sampling and Testing (ISAT) program: ♦ To verify that the project sampling and testing are performed correctly by the testers and samplers. ♦ To ensure the equipment is properly calibrated. ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Engineer with a report indicating actions to be taken by the selected testing firm when discrepancies are found between ISAT and acceptance tests (AT). C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the contractor regarding work schedule and notify the consultant 24 hours in advance for the required inspections and tests. D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10-11: Sample Cost Proposal City of Santa Ana RFP 20-111 City Council age 17 — 142 4/18/2023 • LAPM Exhibit 10-01: Consultant Proposal DBE Commitment • LAPM Exhibit 10-02: Consultant Contract DBE Commitment • LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms: https:Hdot. ca. gov/-/media/dot-media/programs/local- assistance/documents/lapm/ch 1 O.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: This agreement may be funded with state and/or federal grant funds administered by Caltrans. Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I — Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBE goal. CONSULTANT AUDIT AND REVIEW PROCESS: Prior to contract award and dependent on contract award amount, the selected Consultant shall be subject to an audit or review by Caltrans' Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub -consultants in the Appendix of this RFP. To independently download any of the Caltrans Exhibits required per this RFP, visit: http s: //dot. ca. gov/pro grams/local-assistance/forms/local-assistance-procedures-manual-forms City of Santa Ana RFP 20-111 City Council age - — 143 4/18/2023 EXHIBIT B CONSULTANT'S PROPOSAL (exclusive of fee proposal and resumes) City Council 17 — 144 4/18/2023 e �. r now. Rai -,1. -- -L�iy t� IRMA Group EveryProject Matters I www.rmacompanies.com September 30, 2020 1210 E. 22 i y oun�il 17 — 145 4/18/20 -1600-P RMA Group Every Yrojcrl M attars I www. rmacompanres. cam Mr. Sean Thomas September 30, 2020 City of Santa Ana RMA Group No: 20-1600-P Public Works Agency M-36 20 Civic Center Plaza I Ross Annex Santa Ana, CA 92701 SUBJECT: RFP NO. 20-111 1 MATERIALS TESTING AND SPECIAL INSPECTION SERVICES Dear Mr. Thomas: We're pleased to present our firm's qualifications to you for this RFP to highlight our extensive experience with On -Call contracts as well as our ability to perform services that conform with local agency quality assurance programs and funding agency requirements. Whilethere are a numberofconsultantswho are capable of performing these services, RMA Group has an unmatched combination of experienced personnel, resources, and proprietary project controls which sets us apart from our competition and uniquely positions us to assist you in successfully delivering your projects. RMA Group has extensive experience in pavement, roadway improvement, and municipal projects having provided on -call services for cities and agencies throughout the state, encompassing not only materials testing and special inspection, but also geotechnical engineering expertise. Our ability to cross-reference our knowledge on either discipline allows RMA Group the flexibility to expeditiously perform in a time and budget -effective manner. EXECUTIVE SUMMARY Our proposal will illustrate: • Our full -service laboratory's proximity to the City's service area and our staff's knowledge of local conditions and familiarity with permitting processes; • Our extensive experience executing services for on -call projects for multiple agencies and districts while maintaining our highest standards in maintaining quality control over processes and procedures; • Our firm's project approach to RMA Group's proven experience working with Task Orders and our availability to respond promptly to requests; and • Our project management tools that enable us to ensure our deliverables are prepared in accordance to the project specifications while controlling budgets and schedules. THE RMA GROUP DIFFERENCE RMA Group has provided a wide range of on -call services to numerous public agencies throughout California. Our clientele includes water districts, cities, counties, schools, transportation authorities, and various state agencies including Caltrans. We understand the issues that are critical to our clients and have developed proactive solutions and tools that enable us to respond quickly to requests for geotechnical services and allow us to perform the services efficiently and accurately. THE RMA GROUP TEAM I will serve as Principal -In -Charge and will be supported by Mr. Raymond Roblero who will act as our Project Manager. Based out of our Carson office, Ray is knowledgeable about project specifications, materials testing and inspection requirements, financial and safety concerns, and general project approach for projects of the type listed in the scope of work. Our full -service team will be able to provide your staff with seamless execution of your task order needs with comprehensive test results. We are confident that our project profiles / statement of qualifications will prove our commitment to superior quality of service. As the Vice President of RMA Group, I am empowered to contractually obligate, clarify information, and negotiate the contract on behalf of our firm. We have reviewed the Contract Agreement Statement and have no concerns regarding the existing provisions contained in the document. We look forward to partnering with you to achieve success on your projects and we thank you for your consideration. Sincerely, Slawek Dymerski, PE, GE Vice PresideRt V r(�pipgiwaI 77 dd / Clt�/27n n 6 STREET, CARSON, CA 90745 T: 310.684.4174 F133P.861.1117 I www.rmacomparfiOMRI023 FIRM AND TEAM EXPERIENCE INTRODUCTION RMA Group has provided geotechnical engineering, materials testing, and construction inspection services throughout Southern California since 1962. The firm has always had a strong focus on public works construction materials testing and geotechnical engineering and has participated in the design and construction of much of the infrastructure that supports growing local communities. There are three reasons in particular that the RMA Group team is the best choice for your projects: Experienced, Proactive Staff Extensive Experience on On -Call Contracts Extensive City and County Experience in Southern California A Project Manager with Experience for Processes, Task Management, and Budget Control Full -service capabilities and resources Laboratory Located less than 35 Minutes of City of Santa Ana locations. Fully Accredited and Certified to Perform Testing Required for the Contract Budget awareness Budget and Schedule Management with the use of RMA Group's own Proprietary Software that Ensures Real -Time Accounting of Project Activity Today, RMA Group has grown to become the leader in California for construction materials testing. RMA Group's local resources ensure that your projects will receive accurate, timely test results in Hours not Days: We have the current capacity to dispatch more than 160 inspectors and technicians every day throughout Southern California RMA Group owns more Nuclear Gauges than any other laboratory in California with 85 gauges available locally. We dispatch more trained soils and concrete technicians each day than any other company in Southern California. The RMA Group team is experienced in all phases of planning, design, and construction of street pavement, traffic signals,underground utilities, buildings, bridges and park facility improvements, and other related projects. Our field and laboratory resources, our knowledge and experience, and our proactive culture make RMA Group the best team for your projects. Our staff consists of registered geotechnical engineers and engineering geologists that provide our firm with comprehensive design capabilities. RMA Group's geotechnical and geologic design services include preliminary geotechnical investigations, foundation studies, fault investigations, liquefaction analysis, Phase I Environmental Site Assessments, and geotechnical and geologic review of grading and foundation plans. Our inspectors and technicians are highly qualified to perform all the services anticipated to be part of this contract. They are experienced, cross -trained, and hold multiple certifications (including NICET, ICBO, ACI, Caltrans, OSHPD, and DSA) to inspect the diverse elements of construction projects simultaneously. This allows us to provide inspection services for projects in a highly efficient manner reducing the overall cost of inspection and testing programs. Our local resources will provide the City of Santa Ana with experienced and highly qualified engineers, geologists, ICC special inspectors, public works inspectors, and soils and materials testing technicians for public works inspection. The key individuals proposed for this project have more than 25 years average experience on various major construction projects and bring a combination of skills and knowledge that will be an asset to the contract's projects. We anticipate that some projects might require outside services. In managing team subconsulants, RMA Group's Project Manager oversees the respective firm's activities that have been contracted and verifies that quality, scheduling and budgets are maintained per the project parameters. No test results, reports, or other deliverable are received by the client before it is vetted by the RMA Group Project Manager. Much like the manner in which RMA Group maintains its corporate culture of project control, quality, and efficiency, so do our subconsultants integrate their services to be a reflection of the team's processes and procedures. RFP'I'4. 9gypF&TERIALS TESTING & SPECIAL INSPECTIONISERVIW ,�. K. 18/2023 Page 1 CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 RMA Group I Ev ery Projerf Matters I www. rmorampnnies.rom FIRM AND TEAM EXPERIENCE LABORATORY CAPABILITIES RMA Group maintains the most comprehensive state of the art laboratory resources available in California. We own and operate full -service construction materials testing facilities located in Rancho Cucamonga, San Jose, Rancho Cordova, Concord, and San Diego. Services for this contract will be delivered from our office and laboratory in Carson with back-up services provided from our office and laboratory location in Carson, CA. Our laboratory facilities are fully equipped to perform Portland cement concrete, masonry, hot mix asphalt, soils, aggregates, structural steel, reinforcing steel, spray fire -resistive materials, and geotechnical engineering application testing for any project which allows us to control the scheduling and priority of all testing and to never rely on an unrelated third party to deliver test results. Our laboratories have sample receiving areas and are equipped with moist curing rooms, fume hoods, compressed air, deionized water, and other general utilities required for certified facilities. Our moist curing rooms are walk-in storage units with controlled temperature and relative humidity. Our asphalt laboratories are at the cutting edge of the latest technologies performing mix design tests utilizing the Gyratory compactor and rut testing of asphalt mixes utilizing the Hamburg wheel tracking device. Our universal tension / compression machines run from 60k pounds to 600k pounds and are fully instrumented and equipped to test up to a number 18 reinforcing steel bars. Our laboratories are ISO 17025 accredited and approved to test mechanical couplers and welded splices and hoops for columns used in contruction. In addition to our permanent and satellite laboratory facilities, RMA Goup owns a fleet of fully self-sufficient and customizable mobile laboratories. These mobile labs are available to be mobilized to a jobsite in hours and arrive at the project site Caltrans-certified and ready to perform testing within minutes. They are fully -self sufficient with internal power and water and are capable of being moved to various locations throughout the duration of a project to maximize their efficiency. All of our laboratories comply with the requirements for laboratory facilities detailed in ASTM E-329 and are inspected biannually by the Division of the State Architect (DSA), Cement and Concrete Reference Laboratory (CCRL) and the American Association of State Highway and Transportation Officials Materials Reference Laboratory (AMRL) of the National Bureau of Standards. RMA Group continually participates in the reference sample programs offered by the CCRL, the AMRL, and Caltrans. Our testing laboratories are fully certified and we are recognized as a soils and physical materials testing agency by the following agencies: Division of the State Architect: LEA 17, 147, 205, 232,302 AASHTO Materials Reference Laboratory CCRL Cement and Concrete Reference Labora- tory » California Department of Transportation » Federal Aviation Administration » United States Army Corps of Engineers » OSHPD OPAA-0015-16 (Sacramento -area lab) RM�Its Council Group Every Projerl Matters I www- rmorompames.ram RFP NO: 20-111 I ATE S TESTING & SPECIAL INS ORthS PvICES CITY OF SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 I Page 2 FIRM AND TEAM EXPERIENCE QUALIFIED STAFF We have seasoned veterans with more than 20 years of experience who are versatile, cross -trained, and hold multiple certifications to inspect the diverse elements of construction projects simultaneously. This allows us to provide inspection services for projects in a highly efficient manner reducing the overall cost of inspection and testing programs. RMA Group constantly invests in educating our inspectors and technicians to be fully certified in many of the different phases of construction. This provides a continuity of personnel during all phases of construction that enables them to have a broadened range of project understanding. Our special inspection services include, but are not limited to, the following. • Reinforced Concrete and Reinforcing Steel • Post -Tensioned Concrete • Foundation Inspection • Structural Masonry • Wood and Timber Construction • Seismic Retrofit Inspections • Soil Compaction • Asphaltic Concrete • Shotcrete • Structural Steel, Welding Inspection and Testing • Shop Fabrication QC Audits (Source) • Fireproofing and Coatings • High Strength Bolting • Roofing Inspection • Torque and Pull Testing • Floor Flatness Testing • Floor Level Survey • Glu-Laminated Inspections • Shear Wall Nailing and Bolting Inspections • Non -Destructive Testing (NDT) We will assign a team of senior -level individuals with direct relevant experience in materials testing and inspection services that understands the unique nature new construction and modernization projects. Their experience grounds them with an understanding of the complex and often time -sensitive nature of project directives. Each member will have specific areas of responsibility to manage and carry out all aspects of this contract. RMA Group staff are available immediately for providing all services needed for this contract. 04 JE ----------------- PR -CHARGE PROJECT • ROBLERO KEN DOWELL, PG, CEG, QSP PRINCIPAL GEOLOGIST JACOB PEREYRA STAFF GEOLOGIST JENNIFER MOORE JERRYLEYBA FRANK GONZALES TROY RAY BRENT CARROLL LOUIS RILEY AMBER ELLINGSON MICHAEL COUTURE CARL BACHLER, PE LAB MANAGER MARTA LANDAVERDE LAB SUPERVISOR CALIFORNIA TESTING & INSPECTION RFP'P W. ggypFIIIIATERIALS TESTING & SPECIAL INSPECTION RVI Page 3 CITY OF SANTA ANA 20-1600-P I SEPTEMBER 30, 2020 8/2023 RMA Group Ere r r N r o i, ,! Mute rS I w ww_ rm orampanies. Com FIRM AND TEAM EXPERIENCE ASSIGNMENT OF KEY STAFF The strength of our team lies in our people. Our proposed team for this contract consists of our most experienced and capable staff. The key individuals proposed for this project have worked for a decade or more on various municipal capital improvement projects and bring a combination of skills and knowledge that will be an asset to this project. Materials testing and special inspection for the City of Santa Ana will require a team that can consistently provide accurate, reliable, and timely services. This will require a consultant who thoroughly understands the project and their role in the overall construction management team. Through our past work with on -call projects of a variety of sizes, magnitudes, and scopes/work orders as with the City's proposed contract, we recognize that your Construction Management team and staff have carefully planned budgets in order to maximize your construction dollars. Each of our proposed inspectors are capable of exercising considerable independent judgment, evaluating a wide range of engineering data, and supervising all work activities involved in field and laboratory testing in order to provide a complete and thorough project close-out for the City. MR. SLAWEK DYMERSKI, PE, GE provides corporate leadership as the Principal -in -Charge to ensure that RMA Group's pledge to service, professionalism, and technical expertise is delivered consistently throughout a project. Slawek is available to your staff to help identify project needs, allocate additional resources, and provide any assistance necessary to ensure successful completion of the City of Santa Ana's projects. MR. RAY ROBLERO will be your dedicated Project ManagerforRMAGroup'sservices and yoursinglepoint of contact for the City's team. Ray will be responsible for coordinating all required manpower, laboratory tests and analyses, and project documentation. As Project Manager, he will be responsible for budgets, schedules, and deliverables and will track the project deliverables and ensure schedule adherence as well as quality in all aspects of RMA Group's work on these projects. MR. KEN DOWELL, PG, CEG will support the team for any geologic or seismic issues that arise during the term of the contract and will execute the field sampling and logging of borings during geotechnical explorations for the project. He will collect site -specific subsurface soil and groundwater information. He will provide field consultation during construction on an as needed basis to address soil conditions that may impact construction. MR. CARL BACHLER, PE, will serve as Laboratory Manager for the project and will oversee all laboratory testing activities. Carl has priorand ongoing experience working with materials testing for geotechnical as well as other municipal and transportation projects. His familiarity with related code requirements for testing of construction materials allows him to know exactly what to look out for during materials testing in the laboratory. Carl will communicate directly with other team members on the contract's projects, promptly informing them of test results or any potential problems encountered with the construction materials. SPECIAL INSPECTORS & FIELD TECHNICIANS Our field staff have been with RMA Group for varying years ranging from two years to more than a decade. They will provide field observation, sampling, documentation, and testing of all soil, concrete, sphalt, and other tests requested by the City, as needed, per each task order. Our staff will also include geotechnical technicians for all soil applications and geotechnical investigations. Our lead inspectors are handpicked for specific projects based on their experience and certifications and how well those match up to the requirements and construction elements on each project. � �iUCouncll RFP NO: 20-111 11114ATEAWS TESTING & SPECIAL INSN81`1'6F WVICES Uro EvcryProject Matters Iwww.rmor� enres.ram CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page 4 UNDERSTANDING OF NEED UNDERSTANDING & SCOPE OF WORK Our proposed scope of work will consist of providing on -call materials testing and inspection services on an as -needed basis. We understand that the testing and inspection services will be required to support various construction projects for street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The scopes of work necessary to successfully complete these construction projects are further detailed herein. RMA Group has developed a highly successfully project approach and strategy working on a variety of on -call projects by using our effective and detailed management system. The design of this system will ensure open and timely communication between the City and its representatives and RMA Group staff. It will expedite the timely response for service requests, RFIs, and change notices and will manage the prompt reporting of all field and laboratory results. Above all, it will deliver a strict cost management practice to complete this project within the City of Santa Ana's budgets. PRE -CONSTRUCTION ACTIVITIES Prior to the project commencing, our Project Manager, Ray Roblero, will review the approved project documents. During this review, he will formulate a quality control approach for staffing inspectors and material testing. Once completed, this plan will be discussed at the pre -construction jobsite meeting with representatives from the City, City's Construction Management Team, and the contractor. Our Project Manager, inspector, and any other necessary key personnel will attend this meeting. It is understood that site inspectors do not have the authority to authorize project document changes. Any proposed changes will be coordinated with the lead inspector or Project Manager. They will communicate the proposed changes to the City's representative. Our staff assigned to this project will have valid identification, insurance, required certifications, transportation to project site, and mobile phone for communication. SERVICES DURING CONSTRUCTION Our firm will provide inspection and material testing services during construction throughout the duration of the project. The tasks are outlined below in subtasks A— D. Subtask A: Our assigned personnel will attend jobsite meetings and coordinate inspections and material testing as requested by City representative. When requested, our Project Manager or lead inspector can assist the City in reviewing the contractor's invoices to verify completed work progress at the end of each month. This will include monitoring and providing supporting documentation for extra work completed by personnel / equipment in support of a change order. On -call inspections services and material testing activities will be completed to ensure the project is constructed in compliance with the project documents and standards, including any project change orders. During this process, inspectors will review and inspect the Contractor's work. Observation of survey layouts, line, elevation, and gradewill be included, as requested. Our lead inspectors will monitor for corrective actions by contractor to fix work non -compliant work. During and nearing completion of construction, our inspector will prepare and inspect punch -lists for any corrective actions necessary to ensure all red - lined drawings / plans were incorporated during the construction of the project. Subtask B: The assigned personal (e.g. Project Manager, Field Operations Manager, and Inspectors) will complete daily field inspection reports on electronic forms approved by the City. These reports will be distributed to the project or uploaded into a file share service as -needed. The daily inspection report will document observations and identify work completed by contractor. The lead inspector will complete a monthly progress report of pictures documenting the project's progress. All reports and photos will be uploaded to the City's preferred documentation system. Subtask C: Our Fields Operation Manager, Lead Inspector, and Dispatchers are equipped with mobile phones and can be contacted for emergency situation. Prior to project beginning, these numbers will be provided to the City representative and contractor. As a standard project start up procedure, the lead inspectorwill assistthe City with verifying the contractor has up to date health standards and safety program in place, including a COVID-19 safety plan. During the course of this project, if a safety issue is observed, the Lead Inspector will document the observation and notify the Contractor. The Lead Inspector will assist the City in reviewing the Contractor's regulatory RFP'r W. ggypFIIIIATERIALS TESTING & SPECIAL INSPECTION'SERVI�Ai r,Nkl 8/2023 Page 5 CITY OF SANTA ANA 20-1600-P I SEPTEMBER 30, 2020 RMA Group F: C:] PrvieclMatters Iwww.rmorampanies.= UNDERSTANDING OF NEED permits and mitigation measures are in compliance with project documents. Subtask D: Along with special inspections, the project will require material testing. Inspectors will ensure accurate samples are taken in accordance with project documents. The material samples will be transported to our certified laboratory and assigned a project specific bar code for tracking and controlling purposes. According to the RFP, material testing is required for concrete, masonry, asphalt, soils, base materials, reinforcing steel, fireproofing, environmental and non-destructive testing on paint coatings (on - site and fabrication shop). Once material testing is completed, the test results will be provided to the City representative and contractor. RMA GROUP'S SUGGESTIONS TO ENHANCE THE CITY'S OBJECTIVES RMA Group's inspectors and staff are cross -trained and hold multiple certifications. This allows our staff to dispatch an inspector who is experienced, multi - disciplined, and capable of performing multiple tasks. As a result, we are able to reduce the overall inspection hours resulting in cost and time savings for the City. Additionally, our inspection staff is highly experienced in projects with similar scopes. They utilize their experience to not only verify code compliance but also to assist in anticipating forth coming issues, so that they can be handled in a proactive fashion. PROCESS AND APPROACH Our process utilizes an effective and detailed management organization and state-of-the-art project controls to ensure open and timely communication between the City of Santa Ana, its representatives, RMA Group, and our staff. Our approach will expedite the timely response for service requests and will manage the prompt reporting of all deliverables while delivering a strict budget management practice to complete the City's project with a high level of cost-effectiveness. Our staff will be readily available to accommodate last- minute requests for testing and inspection services in the field and / or our laboratory. With our laboratory capabilities and large staff of engineers, RMA Group has the proven ability to rapidly respond to the City's requests, complete the requested materials testing and inspection services, and furnish complete reports within strict timetables. We are and will remain available to commence work on your project within 12-hours of notification by authorized City personnel and in an emergency situation can accommodate a request within two to four hours. Additionally, we will maintain an emergency contact list so City personnel will always know who to call in emergency situations. Our depth of knowledgeable personnel together with our dedication to the City's project, make us the ideal candidate for providing the as -needed testing and inspection services. Our professional staff will actively coordinate our services with the City's representatives and / or Inspector regarding scheduling requests, testing turnaround times, results, and interpretations of results. The results of all tests will be reported in the appropriate procedure for the City and will be properly documented and filed in accordance with best industry practice. RMA Group will provide services inclusive of all elements necessary for a turn -key program. PROJECT COORDINATION Mr. Ray Roblero, our Project Manager, will be involved during the project start up. Information obtained from the City, during the initial notification call and our subsequent communication with the City's Inspector will be used to properly staff the project and keep track of the anticipated budget utilization. During and immediately following the initial notification, we will gather information with regards to: Anticipated scheduling and staffing requirements. Key construction elements schedules and critical deadlines. Roles, responsibilities and contact information of project team members. Unique requirements or aspects of the project. Any modifications to the Operational Procedures contained in the Request for Proposals. The information taken from the initial notification call will be used to develop final schedules for deliverables that clearly reflect all of the project requirements and the City's ��VQ�iUCoouncll RFP NO: 20-111 111'I/IATE15WS TESTING & SPECIAL INSF6M6FX&CES EvLry Project Mattte(rsIIwww.rmor� enies.ram CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page 6 UNDERSTANDING OF NEED expectations. Our Project Manager and staff will also be available to attend other meetings during the course of work, as needed. Proactive communication approach will be used when coordinating with City's consultants: architect, engineer, construction management firm and general contractor. The following sections contain a general outline; based on the information we currently have, of how our key staff members would complete our services under this contract. MATERIALS TESTING & INSPECTION SERVICES Materials testing and inspection is processed through groundwork that is laid out before your project ever begins. When RMA Group receives the notification from the City to proceed with a project, we will immediately put into play the strategy and an approach that was previously discussed in this section. Our team will review project plans, specifications, estimates, and relevant codes and standards to familiarize ourselves with the project demands. IMPLEMENTING STAFF After the City has reviewed and approved our cost estimate proposal, we will set the contract up in our project management software as a new project. The City will communicate inspection and testing requests directly to our project managerand project coordinator. The RMA Group team will review the request and decide which City -approved inspector or technician is best suited for the work and for the project, and whose personality will be most likely to fit in with other project team members. RMA Group employs more than 160 certified technicians and inspectors locally and more than 200 overall who hold licenses and certifications to perform inspection and materials testing. We have many inspectors licensed to successfully support the City's project. In the event that the City is even remotely unsatisfied with the performance or behavior of an RMA Group team member in the office, field, or laboratory, that team member will be immediately be removed from further work on City's project and we will have a discussion with the City on who will be best suited to replace the individual and how we can identify the specific problem and implement practices to avoid similar problems in the future. Although this happens with extreme rareness, we are prepared to deal with such events to maintain the highest level of client satisfaction. With the large size of our staff, there will be no delay in finding replacements for any personnel who are removed from your City project. Our electronic documentation system combined with your Project Wise Construction Management system and close oversight by the project manager and field director will assure continuity of ongoing work product quality and project schedules. RMA Group constantly invests in educating our inspectors and technicians to become and remain fully certified in many of the different phases of construction. This provides a continuity of personnel during all phases of construction that enables them to have a broadened range of project understanding. RMA Group is fully capable of providing all of the specific services listed in the Request for Proposal. BUDGET CONTROL In the event that personnel are scheduled for work that was not included in the original proposal, our proprietary software will send an automatic email notice to the Project Manager and key team members. This instant notification allows for rapid communication between RMA Group and the City to guarantee that any work outside the original scope will be agreed upon before it happens. It is a proactive approach to project management that allows us to discuss and resolve extra work or change order issues before they become a problem. RMA Group field personnel will arrive on -site with their daily report, certifications, equipment and safety gear, and instructions from the project team. Field personnel work will vary drastically depending on the type of project and which elements are being inspected or tested, but they will always fill out their daily report after the work is complete and have it signed by an authorized representative on -site. This allows any discrepancies in time worked or issues encountered on site to be resolved on the project site, same day, rather than having to debate over them in the office weeks or months afterward. Daily reports will be distributed, where applicable, to on -site supervisors or representatives, to a field file, and to the RMA Group office. RMA Group office personnel scan the daily report, which has a unique report identification number and a barcode, into our proprietary software where it can be instantaneously RFP'P W. ggypFIIIIATERIALS TESTING & SPECIAL INSPECTION RVI ,,Nkl 8/2023 Page 7 CITY OF SANTA ANA 20-1600-P I SEPTEMBER 30, 2020 RMA Group F: C!] PrvieclMatters Iwww.rmorampanies.= UNDERSTANDING OF NEED recalled by any team members, any time. When conducting inspection, our inspector will show up on site, inspect the work, complete his daily report and have it signed, and leave. When conducting materials testing, our technician will do the same except that he will perform field tests using calibrated testing equipment for which he or she is certified. SAMPLING AND TESTING OF MATERIALS Field testing technicians will also typically need to perform sampling, whether it be bags of soil, cylinders of concrete, or anything else the specifications and codes require. Sampling frequencies and sample quantities will be in accordance with relevant specifications, but RMA Group can always sample additional material at the request of the City. Construction material sampling will be performed on the project site or at the separate production facility, where applicable, in accordance with project specifications, codes, and standardized test methods. RMA Group takes great care in sampling, transporting, and storing samples before they are tested, as even slight disturbances to a sample can ultimately cause variations in test results. Some materials, such as soil, can be transported to our laboratory immediately after sampling. Other materials, such as concrete, must remain on site to allow for required field curing before they can be handled and transported. Upon test completion, the raw laboratory test result sheet will be reviewed by laboratory supervisors and logged out of our LIMS system. Once logged out, it can be recalled instantaneously in LIMS by RMA Group project team members at any time. Logged out tests will also be automatically entered into our project management software to appear on the next invoice to the City. The project manager is notified when test results are complete, and our professional staff delivers a formal report of the results to the project manager for review. Once approved by the project manager, laboratory test reports are submitted to the City. testing will consist of materials testing of asphaltic concrete used in the construction of private roadway and parking area improvements. These services will include monitoring the temperature and rolling procedure and the determination of the in place density testing of asphalt concrete using the nuclear gauge (ASTM D2950). Laboratory testing will be performed to determine the laboratory test maximum density of the asphaltic concrete in accordance with ASTM D2041. A written report summarizing the results of all tests performed will be prepared upon completion of the work. Fireproofing Inspections will be performed by an ICC certified inspector during the application of sprayed fire resistant materials. The certified inspector will perform periodic inspections to verify that the substrate to receive fire resistant coatings has been properly prepared and is at the correct temperature. He will monitor the thickness of the application to verify the minimum thickness is achieved and will make periodic inspections to verify the condition of the finished application. Our inspector will obtain field samples of the fire resistant materials and return them to the laboratory for density determination in accordance with ASTM E605. Written reports of all tests presenting applicable information would be prepared at the completion of testing. Masonry inspections will be performed by an ICC certified special inspector during the placement of the masonry work, reinforcing steel placement, and grout placements. He will perform periodic inspection of the masonry work for fit up, jointing and the general details of the work being constructed. He will provide periodic inspection to verify the proper size and placement of reinforcing steel and embedded anchors. Our inspector will provide continuous inspection during the placement of grout and mortar to verify proper application techniques. Our inspector will sample fresh grout and mortar to obtain samples for strength testing. Reinforcing steel inspections will be performed CONSTRUCTION SPECIAL INSPECTIONS to give assurance that the supplier is exercising All special inspectors dispatched to City of Santa satisfactory control over production, fabrication and Ana projects will be properly certified and will have a placing of reinforcing to ensure compliance with the minimum of five years of experience working in the City project specifications, applicable codes and industry of Santa Ana and surrounding areas. All inspectors standards. We will provide an ICC certified special and technicians dispatched by RMA Group are full- inspector to perform inspection of the concrete form time employees that have been properly trained on work and reinforcing steel placement. The field our quality control procedures. inspector will perform inspections of the formwork for shape, location and dimensions of the concrete �= Asphalt inspection and compaction member being formed. The field inspector will also �iltYCoouncll RFP NO: 20-111 l�l RT-E1WS TESTING & SPECIAL INSF6M6FX&CES EvLry Project Mattte(rsIIwww.rmor� enres.ram CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page 8 UNDERSTANDING OF NEED provide inspection to verify the proper size and RMA Group staff will be able to very quickly reproduce placement of reinforcing steel and embedded anchors. any relevant reports or laboratory test results using LIMS, reducing delays that otherwise might result We will also verify steel mill test reports, sample material (if required), and inspect the fabrication. Written progress reports will be provided. Reinforced concrete inspections will be performed continuously during the placement of concrete to verify that the class of concrete ordered is being delivered and conforms to the specifications, drawing and/or code requirements. Slump tests, entrained air, temperature, unit weight (when required) and concrete sampling will be performed during all concrete placements. The samples will be delivered to our local laboratory, cured in a controlled environment and tested for compression strength. Structural steel and welding inspections are performed to assure that proper quality control is exercised at the shop and field. The certified welding inspector will perform inspections before, during, and after welding. We will provide an inspector that has been certified by County of Las Angeles for welding. The observation would consist of inspection of all welds made in the shop and / or field for compliance of the approved plans and job specifications. The inspector shall make a systematic record of all welds, including a list of defective welds and a manner of correction of defects. The inspector will check the material, equipment, details of construction and procedures, as well as the welds. Our inspectorwill perform inspection during fit up and fabrication of structural steel to verify the materials utilized are properly marked and traceable. The inspector will collect mill certifications for the materials and inspect joint details to verify conformance at each connection. Non Destructive testing of the completed welds will be performed as required. The inspector may use Ultrasonic(UT), Magnetic Particle(MT) or Dye Penetrant(PT) as appropriate to inspect completed welds and assure the adequacy of the welding PROJECT CLOSE-OUT Upon project completion, the City may need closeout documents or testing professional staff will be able to recall all daily inspection reports and all laboratory test results using our LIMS software. This allows for easy access to information and inspection summaries. Our testing and inspection summaries for the entire project can be put together efficiently. If there are any outstanding issues as the project comes to a close, from having to track down physical files. QUALITY ASSURANCE AND QUALITY CONTROL Quality is an intrinsic part of RMA Group's operations. It is the first topic on every management agenda, and it permeates the daily activities of every employee. Our internal Quality Control program reflects our specific commitment to go beyond mere compliance with basic requirements. The program is a major piece of RMA Group's mission: to provide quality laboratory testing services meeting a broad range of our clients' needs. The objective of RMA Group's Quality Control Program is to ensure that the test data we provide meet our clients' quality objectives. In most cases, the aspects of quality that concern our clients most are the accuracy, precision, and completeness of our test results. We maintain control of our test results through the use of technical oversight by registered civil engineers, internal audits of project documentation, our continual participation in reference sample programs and through training and proficiency evaluations for all of our technical staff. All of the field and laboratory tests performed for projects will be performed under the responsible charge of a registered civil engineer who will provide technical oversight of RMA Group's field and laboratory activities. Technical oversight includes reviewing test data and reports for precision, accuracy and completion and monitoring the procedures and equipment utilized to perform testing to verify conformance with relevant specifications. Laboratory staff is directed to immediately report unusual observations or findings to the engineer in responsible charge of the laboratory. This allows the engineer to evaluate the test procedure and results and make a determination regarding the validity of any unusual findings. RFP'IlV. ggypFIATERIALS TESTING & SPECIAL INSPECTIONISERVi� .r+ 18/2023 Page 9 CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 XRMA Group Ev ery Projerf Matters I www. rmorampanies.rom RELEVANT PROJECT EXPERIENCE FOX STREET TANK PROJECT I PERRIS, CA Owner: Eastern Municipal Water District (EMWD) Contact: Fermin Balvaneda 1951.928.3777 Project Status: 2016 - 2019 Construction Cost: $3.5 Million Part of RMA Group's on -call contract with EMWD, we provided grading observation and testing, special inspection of reinforced concrete construction, and other lab testing as needed for this 1MG tank installation and valve/pipeline connection project. NEW WATER QUALITY LABORATORY I CHINO, CA Owner: Inland Empire Utilities Agency Contact: Jerry Burke 1909.993.1548 Project Status: 2016 - 2018 Construction Cost: $17.8 Million RMA Group observed and approved the preparation of existing ground, observed placement, processing and compaction of fills, performed field compaction tests of the processed existing ground and fills, laboratory testing on soils, and prepared a comprehensive geotechnical report for this project. PITCHESS DETENTION FACILITY RENOVATIONS/ IMPROVEMENTS I LOS ANGELES, CA Owner: County of Los Angeles Contact: Greg Johnson 1626.458.1741 Project Status: 2019 - 2020 Construction Cost: $15.5 Million RMA Group provided soils inspection and testing for excavation and backfill and special inspections and testing for reinforced concrete, masonry, steel fabrication, and anchor installation for this jail renovation project. PHILLIPS RANCH ROAD / SR60 IMPROVEMENTS I POMONA, CA Owner: City of Pomona Contact: Matt Pilar 1909.620.2261 Project Status: 2019 - 2020 Construction Cost (total project): $107 Million RMA Group provided soils compaction testing forthe backfill ofsubgrade soils for the replacement concrete ramps, curbs, gutters, and sidewalks within the Caltrans right-of-way, part of an overall SR60 improvement project. CAMERON AVENUE PAVEMENT REHAB I WEST COVINA, CA Owner: City of West Covina Contact: Miguel Hernandez 1 626.939.8400 Project Status: 2018 Construction Cost: $950,000 RMA Group provided construction inspection and testing for quality control of the pavement rehabilitation conducted installing rubberized asphalt concrete, repairing damaged curbs, gutters, and sidewalks, adjusting ramps, and all appurtenant work. �,aIGroup E' veg Project Mattel's I www. rmorompanies.cam RFP NO: 20-111 11114ATEA§S TESTING & SPECIAL INSN81`1'6F WVICES CITY OF SANTA ANA 20-1600-P SEPTEMBER 30, 2020 I Page 10 W V Z W_�/ cc W Va W H V W O `a r Z LU W J W c C C C C w fn w p w ,+L' C Z rya -O v J � Y'L° c m °' a 8 O E m v o m m a 0 p = a00i m m a w +�' c o C p0pp w O. 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All involved in a construction process would prefer to follow a set schedule of work; however, anybody who has been involved in a construction process knows that rarely does work progresses in strict accordance to the schedule. Therefore, we fully expect that urgent or last minute requests from the City will occur and are prepared to accommodate them. All of our staff, from the Principal -in -Charge through our Dispatcher and the field staff, are fully dedicated to accommodating such requests to eliminate any negative potential impacts to the project schedule or cost. Additionally, our employees are provided company vehicles so travel is never an issue. Even out of state inspections may be performed easily by our staff or one of our associates located at the out-of-state locations. REFERENCES COUNTY OF SAN BERNARDINO 825 East Third Street, Room 117 San Bernardino, CA 92415 Medhat Matta I Pavement Management Engineer 909.387.2060 RMA Group was chosen to provide on -all geotechnical engineering services to the County of San Bernardino. 2016 - Ongoing COUNTY OF LOS ANGELES 900 South Fremont Avenue, 8th Floor Alhambra, CA 91803 Greg Johnson I Project Manager 626.458.1741 RMA Group has been providing on -call services to the County of Los Angeles since 2011. Services include geotechnical engineering, materials testing, and special inspections. 2011 - Ongoing CITY OF LONG BEACH 333 S. Beaudry Avenue Los Angeles, CA 90017 Marc Wright I Construction Service Officer 562.570.5791 RMA Group is providing on -call services to the City of Long Beach. Services include materials testing, and special inspections. 2016 - Ongoing RESPONSIVENESS We will provide certified personnel to perform the inspection, testing, oversight, and reporting as required. In order to provide timely responses to testing requests RMA requests a 48 hours of notice prior to inspections/testing. RMA Group is fully prepared to provide resources within 24 hours notice. We understand sometimes circumstances arise that may not allow for advanced notice and RMA will always strive to provide as quick of a response as possible to all project requests to limit any delays in progress. RMA Group will provide onsite testing and laboratory testing services in conformance with the City's QAP, Caltrans standards, and other oversight agency standards to ensure that schedules and frequencies are met for data results and distribution to your City's construction team. RFP'P W. ggypFIIIIATERIALS TESTING & SPECIAL INSPECTION RVI ,,Nkl 8/2023 Page 13 CITY OF SANTA ANA 20-1600-P I SEPTEMBER 30, 2020 RMA Group Ererr Nr vi, ,! Matters www. rmocompanies.= EXHIBIT C CONSULTANT'S FEE & COSTS PROPOSAL City Council 17 — 160 4/18/2023 �a � o i � e rr�11 V Y FU U O O � U x w E� t~ N c 01 01 11 N A 2 Y C4 'C 0 U 0 w 0 e e a 4 O N O N N N o iL iL CL CL LL � U Z r�OO O Z O Z O Z r�O Z o ti u° 0 0 0 0 0 z z z z z� O U 0 vVi vVi vVi rVi, rVi, 9 Q' m0 V1 O 00 00 O O Vl L O sO.i y3 Q .4 N O N O N O N O N O N O N O N O N O N O O O ° � cn N m N N cn N N m N N m N N pN 0 O O O O w W W o 0 0 0 0 h N N Cn OT N 00 ti O N N 69 69 b9 69 � 64 rq 6N9 69 69 b9 69 x o cn r M a l� fJ Q 00 CA 69 69 69 69 69 O O .O O w A un N ci a pW" W PWr U Pw O. z A con CA Ua ` i Council R;WX roup EveryProjectMatters www.rmacompanies.com RFP NO: 7-111 ATERIALS TESTING & SPECIAL INSPECTION Page 2 SERVICES CITY OF SANTA ANA 120-1600-P JANUARY 30, 2023 o Cd U U U U U U U U U a a E a a a ac', a z z z z z z z z xw o 0 o O O o o O O O O o o O O o o O O O O O O O O O O o o O O o o O O O O o� U o •� 00 00 00 �0 �c �c �c �0 �0 0 0 0 00 00 00 .• -It -� -� -� 00 00 00 b`O�q n v'i r MMM OOO 7 0., M r N �c O Vl O� M -� � 01 MU 7 M 7 7 7 Vl 7 7 � V'l wl W1 L 69 69 69 69 b4 64 69 &5 69 6s 6e 69 69 69 69 6q 64 69 Qs 69 69 69 69 69 69 69 69 O � U M 7 h M 7 M M M M N M N M M 7 N N N N N N N N N N N N N N N N N N N N N N N N N N O N N N N O O O N N N N N O (=> O N N N N O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N O o (2100010001 Oo o, 00010001 0001 Oo 01 OO o, }•' O M M N M M N M M N M M N M M N M M N M M N M M N M M N "O "O IC �c �c �c �c"O �O O �0 �0 �c O O O �c �c �c"O O O O 'O �0 O O O �0 �0 �c O O O w 0 U N N N O O O N N N O O O N N N O O O N N N O O O N N N O O O O N N N O O N N N O O O N N N O O O N N N O O O y N N N N N N N N N N N N N N N O N N N N N N N N N N N CFi F. M O O M O O M O O M O O MOO � 0 0 M O O M O O M O O wk, W o 0 0 0 0 0 ,�rr-�r� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O 00 O N O r O oo v) N 0 7 O `0 N N -,I- N w 7 N N V'1 r l� -y 7 00 -y 00 \0 00 00 7 00 01 N 00 - i 7 r� l0 01 M W) l� -�11 l0 r N 1�0 DO M `0 00 1�0 -11, r 01 Vn 00 O 11 O 00 Ic O --i M O r — M r- r- 1!11 01 M kn N� N N N N N N N N N '••+ — -•� -•+ N -•� N N — N N -� N N U o 69 Is 6A fA 64 69 69 6A 69 64 64 6s 69 69 64 69 6969 69 69 69 69 69 69 6q 6F3 69 V'l l� N 00 M O1 Vl r M O N 00 00 N w N 01 V1 '0 1.0 N M 01 . cc 7 M M o, M .••� M N M V1 l0 V1 l0 00 00 00 M N --i l� O M N 00 01 N Vl DD N_ M N F� l� O O DD 01 O o0 O fV b4 64 5~q o M T 69 64 69 69 69 69 69 69 69 69 69 69 6A 69 69 69 69 69 69 69 69 69 69 69 --� h O, � 01 M V1 l� -•+ V'� N O� V1 M O 7 O, M 01 _ M C!1 ' N a0 00 N V'l 0� 0\ � Vl N 41 00 7 M N M N O D1 V'1 00 r- 00� 001 I07M CnN O --� 0000 \0�O N_O O_ r0 SO 69 69 69 69 69 6s 6A 69 r;; 69 69 6R 69 r;; 6s 69 69 69 U 69 69 65 69 69 69 69 69 69 U U * N M •' iE 9F 9E 9! iF •C 7C F O O O ,O •O •O •O •O •O C7 � L7 O ti P-� P, P•, P, P-� Pr U C C C U U U U U U N N N O z � U U U U U U -- N M �R,M, Council 4QQ roup RFP NO: -111 CIA TERIALS TESTING & SPEL INSPECTION Page 3 EveryProjectMatters www.rmacompanies.com SERVICES CITY OF SANTA ANA 120-1600-P JANUARY 30, 2023 g El ¢ H 0 H N �[� U 0 U u W O Ca LWL L� � � F 0 U H o � A � � 0 z � W O U � � P64 � H a co � Q A � W U W � OF O O � CO CN O N H N C) E-� U O z � � p N � a W Q � � �R+M�IGiCouncil roup RFP NO: 7-111 ATERIALS TESTING & SPECIAL INSPECTION Page 4 EveryProjectMatters www.rmacompanies.com SERVICES CITY OF SANTA ANA 120-1600-P JANUARY 30, 2023 g II U II U O O N N O � O � U M O � N Q II U II U O O O � O � Z d w U CIO ` A U u � L •L II C Pr � A � � d a O � � � F•" C � u W rn O u Ho wv d d U v� E� CC Phi W O z z d a O Council �R,M�IGi/'OLIp RFP NO: -111 ATERIALS TESTING & SPECIAL INSPECTION Page 5 EveryProjectMatters www.rmacompanies.com SERVICES CITY OF SANTA ANA 120-1600-P JANUARY 30, 2023 g Local Assistance Procedures Manual EXHIBIT 10-1-12 Cost Proposal EXHIBIT 10-I-I2 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112 - Letting of Contracts 10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 11..23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. rime Consultant or Subconsultant Cert Name: Slawek Dymerski Signature : �-^�/ "i Title*: Vice President Date of Certification (mm/dd/yyyy): 01/30/2023 Email: sdymerski@rmacompanies.com Phone Number: 909.989.7151 Address: 1210 E. 223rd Street, Suite 319, Carson, CA 90745 * An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Materials Testing and Inspection Services Page 7of9 January 2023 I Council &-roup EvcryProjectMatters www.rmccompanies.com RFP NO: -111 41 UATERIALS TESTING & SPECfAL INSPECTION SERVICES CITY OF SANTA ANA 20-1600-P JANUARY 30, 2023 Page 6 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 10% 3. Project Description: Materials Testing and Inspection Services (MTIS) 4. Project Location: City of Santa Ana (Citywide) 5. Consultant's Name: RMA Group 6. Prime Certified DBE: ❑ 7. Total Contract Award Amount: NTE $950,00( 8. Total Dollar Amount for ALL Subconsultants: $950, 000.00 9. Total Number of ALL Subconsultants: 10. Description of Work, Service, or Materials 11. DBE Certification 12. DBE Contact Information 13. DBE Dollar Supplied Number Amount Additional MTIS Services 37594 California Testing & Inspection 950,000 Fabiola, PE - 213-748-4900 Local Agency to Complete this Section $ 950,000.1 20. Local Agency Contract Hiimhcr- 14. TOTAL CLAIMED DBE PARTICIPATION 21. Federal -Aid Project Number: 10 22. Contract Execution natP Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE is required. n 01 /27/2023 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Slawek Dymerski, PE, GE 909-989-1751 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Vice President 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original -Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. City Council 17 - 166 Page 1 of 2 4/18/202guly 23, 2015 EXHIBIT 4 FIRST AMENDMENT TO AGREEMENT WITH AESCO TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into April 18, 2023, by and between AESCO, 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"). RVCITAIN A. The parties entered into Agreement No. A-2021-01 ("Agreement") dated July 6, 2021, to retain qualified consultants to provide on -call materials testing and special inspection services for the City's Public Works Agency. B. Consultant is one of three Consultants which were awarded Agreements with the City for the services defined in the Agreement. Each Consultant was retained to share an aggregate compensation pool, under the terms of this Agreement, which is current and in -effect through July 5, 2024, with available options to extend the Agreement. C. The parties now wish to amend the Agreement to increase the aggregate compensation of the Agreement to accommodate additional upcoming projects for which the Consultant can provide quality assurance and testing services for these projects. The Parties therefore agree: 1. Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be expended under the term of the Agreement, including any extension periods, by $1,000,000. The total non -to -exceed amount for to the aggregate amount available to all the retained consultants shall be $2,000,000. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page to follow] Page 1 of 2 City Council 17 — 167 4/18/2023 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Jennifer Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Br n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager AESCO, INC. By: Adam Chamaa, Vice President Title: Page 2 of 2 City Council 17 — 168 4/18/2023 EXHIBIT 5 FIRST AMENDMENT TO AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into April 18, 2023, by and between Kleinfelder, 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"). RFC1TAT,C A. The parties entered into Agreement No. A-2021-02 ("Agreement") dated July 6, 2021, to retain qualified consultants to provide on -call materials testing and special inspection services for the City's Public Works Agency. B. Consultant is one of three Consultants which were awarded Agreements with the City for the services defined in the Agreement. Each Consultant was retained to share an aggregate compensation pool, under the terms of this Agreement, which is current and in -effect through July 5, 2024, with available options to extend the Agreement. C. The parties now wish to amend the Agreement to increase the aggregate compensation of the Agreement to accommodate additional upcoming projects for which the Consultant can provide quality assurance and testing services for these projects. The Parties therefore agree: 1. Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be expended under the term of the Agreement, including any extension periods, by $1,000,000. The total non -to -exceed amount for to the aggregate amount available to all the retained consultants shall be $2,000,000. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page to follow] Page 1 of 2 City Council 17 — 169 4/18/2023 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Jennifer Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Br n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager KLEINFELDER, INC. By:Dany Hanna Title: Vice President Page 2 of 2 City Council 17 — 170 4/18/2023 EXHIBIT 6 FIRST AMENDMENT TO AGREEMENT WITH RMA GROUP, INC. TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into April 18, 2023, by and between RMA Group, 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. The parties entered into Agreement No. A-2021-03 ("Agreement") dated July 6, 2021, to retain qualified consultants to provide on -call materials testing and special inspection services for the City's Public Works Agency. B. Consultant is one of three Consultants which were awarded Agreements with the City for the services defined in the Agreement. Each Consultant was retained to share an aggregate compensation pool, under the terms of this Agreement, which is current and in -effect through July 5, 2024, with available options to extend the Agreement. C. The parties now wish to amend the Agreement to increase the aggregate compensation of the Agreement to accommodate additional upcoming projects for which the Consultant can provide quality assurance and testing services for these projects. The Parties therefore agree: 1. Section 2(a), Compensation, is hereby amended to increase the total aggregate total to be expended under the term of the Agreement, including any extension periods, by $1,000,000. The total non -to -exceed amount for to the aggregate amount available to all the retained consultants shall be $2,000,000. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page to follow] Page 1 of 2 City Council 17 — 171 4/18/2023 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Jennifer Hall City Cleric APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Brkrdon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager RMA GROUP, INC. By: s r(,t,-� t- Title: � j i t t� e-5 12A r x\k Page 2 of 2 City Council 17 — 172 4/18/2023 Parks, Recreation, and Community Services _ www.santa-ana.org/parks Item # 18 r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Amendment to Agreement with Elite Special Events, Inc. to Provide Event Equipment and Services at Various City Events AGENDA TITLE Approve First Amendment to Agreement with Elite Special Events, Inc. to Increase the Not -to -Exceed Amount by $20,000 per Year through June 30, 2023, for a Total Agreement Amount of $38,050, to Provide Event Equipment and Services at Various City Events (General Fund). RECOMMENDED ACTION Authorize the City Manager to execute the first amendment to the agreement with Elite Special Events to provide event equipment and services for various City events, to increase the amount by $20,000, for a total not -to -exceed amount of $38,050, through June 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 4, 2022, the City entered into an agreement with Elite Special Events to provide equipment and services for various events, for a total amount of $31,950 for the period through December 31, 2022. On January 12, 2023, the City of Santa Ana entered into a new agreement with Elite Special Events to provide equipment and services for various City events for a total agreement amount of $18,050. The City is looking to increase the added value for a variety of events, including the Egg-cellent Adventure, seven movie events at the park, and Juneteenth. Due to the superior work that Elite Special Events has provided in the past, staff would like to increase the agreement amount by $20,000, for a new total agreement amount of $38,050, for the period through June 30, 2023 and to accommodate the additional events that the Parks, Recreation and Community Services Agency will undertake. FISCAL IMPACT Funds are budgeted and available in the following accounts for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description City Council 18-1 4/18/2023 Amendment to Agreement with Elite Special Events, Inc. to Provide Event Equipment and Services at Various City Events April 18, 2023 Page 2 FY 22-23 01113230- General PRCSA-Recreation and $18,050 62300 Fund Community Services - Contractual Services Professional FY 22-23 01113017- General PRCSA-Youth Services $20,000 62300 Fund Contractual Services Measure X Professional EXHIBIT(S) 1. First Amendment to Agreement Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 18 — 2 4/18/2023 FIRST AMENDMENT TO &GREEWNT WITH ELITE„5PEQAL EVENTS, INC.. TO PROVIDE EQUIPMENT D TA FIN SERVICES FOR QUT`DQQR PARK -EVENTS THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 18, 2023, by and between Elite Special Events, 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")_ A. The parties entered into Agreement No. N-2023-010 ("Agreement") dated January 12, 2023, to retain a qualified contractor to provide equipment and staffing services for various City events, including the City's Kids Night Out events and other events as directed by the City. B. The Agreement is in full force and effect through June 30, 2023, C. The parties now wish to amend the Agreement to increase the compensation under the Agreement to provide additional programming. The Parties therefore agree: 1. Section 2.a., Compensation, is hereby amended to increase the total amount to be expended under the term of the Agreement by $20,000. The total not -to -exceed amount of the Agreement shall be $38,050. 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. Jennifer Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALEIO, City Attorney B-mndon Salvatierra Deputy City Attorney Kristine Ridge City Manager CONSULTANT f� f Ted 11olcomb Owner [signatures continued on nextpage] Page Iof2 City Council 18 — 3 4/18/2023 RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks, Recreation and Community Services Agency Page 2of2 City Council 18 — 4 4/18/2023 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Approval of a Historic Property Preservation Agreement AGENDA TITLE Historic Property Preservation Agreement RECOMMENDED ACTION Authorize the City Manager or designee to execute the attached Mills Act Agreement with the below -referenced property owners for the identified structure(s), subject to non - substantive changes approved by the City Manager and City Attorney. Historic Property Property Owner(s) Preservation Address/House Vote by HRC A reement No. Brian and Krystle 2023-01 2311 N. Benton Way 8:1:0:0 (Murashie Newquist dissented) DISCUSSION On March 2, 2023, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreement with the identified property owners for historic structure(s) in the City, subject to non - substantive changes approved by the City Manager and City Attorney: Historic Preservation Agreement Number No. 2023-01. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract), which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. The following Categorical Exemption will be filed for this project: • ER No. 2023-10 (2311 N. Benton Way) City Council 19 — 1 4/18/2023 Approval of Historic Property Preservation Agreement April 18, 2023 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $939.29 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2023-1 2311 N. Benton Way $939.29 1-2 Total for all Properties: $939.29 EXHIBIT(S) 1. Mills Act Agreement — 2311 N. Benton Way 2. HRC Staff Report — 2311 N. Benton Way Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 19 — 2 4/18/2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Brian Newquist and Krystle L. Newquist, husband and wife as Community Property with Right of Survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 2311 North Benton Way, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2311 North Benton Way, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council Exhibitl ? — 3 4/18/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on April 19, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 19 — 4 4/18/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the City Council 19 — 5 4/18/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2311 North Benton Way, Assessor Parcel Number, 002-133-26, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. City Council 19 — 6 4/18/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Brian and Krystle L. Newquist 2311 North Benton Way Santa Ana, CA 92706 40. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with City Council 19 — 7 4/18/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 19 — 8 4/18/2023 ATTEST: Clerk of the Council OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: %Yl! JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: BRIAN NEWQUIST By: KRYSTLE L. NEWQUIST RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 19 — 9 4/18/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 128 OF TRACT NO. 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 AND 34 OF MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-133-26 City Council 19 — 10 4/18/2023 EXECUTIVE SUMMARY Exhibit B Turk House 2311 North Benton Way Santa Ana, CA 92706 NAME Turk House REF. NO. ADDRESS 2311 North Benton Way CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1960 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mid -Century Modern Editor of Arts and Architecture magazine, John Entenza, and his influential sponsorship of the Case Study Program, greatly influenced the development of Mid -Century Modern architectural style. The Case Study Program, which included a series of residential designs (not all of which were constructed) was published between 1945-1966. The program emphasized modern design techniques and affordable construction methods that were easily replicated as a means to influence affordable housing production. Key design elements of the Case Study Program include stripped ornamentation, exposed structural components including wide beams as part of a post -and -beam structural system; flat or nearly flat roofs integrating generous overhangs; concrete flooring, and open floor plans. A strong emphasis on indoor -outdoor living was conveyed through the heavy utilization of glazed walls and interior and exterior courtyards. Mid -Century Modern style is an umbrella term that incapsulates a broad range of post -World War II modernist themes that were applied to a variety of property types including single -and -multi family residences, commercial buildings and centers, as well as large-scale educational, institutional, and indsustrial uses. The Mid -Century Modern style's period of significance is 1945-1975. Character -defining features of the Mid -Century Modern style include use of wood or steel post and beam exposed construction, bountiful glazing, and an emphasis on indoor -outdoor living. In form and massing, the style is expressed through simple geometric volumes and horizontal massing, usually asymmetrical. The style includes little to no ornamentaiton. Roof shapes are often flat or have low -pitch gables, both with wide overhanging eaves. Additionally, highly -pitched A -frame roofs are a reflection of the style. Fenestration is typically flush -mounted metal framed windows that span floor -to -ceiling. Siding can include stucco, concrete block, brick, and wood. SUMMARY/CONCLUSION: The Turk House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Mid -Century Modern style residential building. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Mid -Century Modern style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. City Council 19 —11 4/18/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial_ NRHP Status Reviewer Page 1 of 5 Resource name(s) or number (assigned by recorder) Turk House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 2311 North Benton Way City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-133-26 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a modestly sized parcel in Floral Park, the Turk House is a one-story, single-family Mid -Century Modern Style residence with an attached garage and rear pool (Figure 1). The building features an L-shaped plan that emphasizes privacy with the garage in the projecting, front (west) leg of the 1" and a partially enclosed courtyard and living space towards the rear. Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, cross -gabled roof with broad, overhanging eaves and exposed rafters terminated by a continuous fascia that wraps around the building's roofline (Figure 2). The exterior of the house is clad primarily in a combination of stucco, whitewashed brick, and concrete block. The primary (west) fagade contains two wings: the front -facing gabled space of the attached garage and the side - gabled volume that houses the primary living space. A concrete block brise soleil and whitewashed brick privacy wall and geometrically patterned wrought iron gate conceals most of the side -gable wing (Figure 3). The main entrance, which is located behind the privacy wall, is composed of a wrought iron door with obscured glass and single side lite and is raised above a shallow concrete step. The door's abstract geometric pattern echoes that of the wrought iron gate (Figure 4). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence; HP46. Walls/gates/fences; HP39. Other (swimming pool) *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (West and South) elevations, view east, January 2023 *P6. Date Constructed/Age and Sources: ■historic 19601 City of Santa Ana Building Permits W. Owner and Address: Brian M. and Krystle L. Newquist 2311 North Benton Way Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: March 2, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information City Council 19 — 12 4/18/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: Turk House 131. Historic Name: Turk House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Mid -Century Modern House *136. Construction History: (Construction date, alterations, and date of alterations): February 8, 1960. Permit to construct a residence and attached garage. $21,000. February 5, 1960. Permit to construct a swimming pool. $2,700. *137. Moved? ■No ❑Yes ❑Unknown Date: Original locatio *138. Related Features: Swimming Pool. B9a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1960 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Turk House is architecturally significant as a highly intact example of a Mid -Century Modern style house in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. While it is not confirmed if the property was constructed by Roy Roscoe Russell (senior) or his son Roy Rodney Russell Qunior), it is highly likely that Roy Rodney Russell Qunior) is attributed to the construction of this property. According to City building records, it was built in 1960 for approximately $21,000. By circa 1962, the house was sold to A. Turk, who owned the property until 1981. From 1982-1983, city directories list R. O. Robinson as the building occupant. A 1984 city directory was not available for reference. Between 1985 - 1987 there is no tenant or owner identified in city directories. From circa 1989 - 1993, Jon and Susan Everett are identified as property owners. City directories do not include the building owner or tenant information for much of the mid -to -late 1990s. By 1999-2000, Gregg Davila is the known owner. The last available city directory, published in 2008, does not include the building owner. No additional information was uncovered regarding the past owners and tenants. (See Continuation Sheet 3 of 5.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 5.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: March 2, 2023 (This space reserved for official comments.) Sketch Map Turk House 2311 North Benton Way e� t O ax]ar2� R9 r20 127 7i5 � r9r f3I �°61- 00 °Q°°� IP9 rp8 L 9 U2 S � Q ir� 23 rry raa ro g7oN O6 aZ 9 WA City Council 19 — 13 4/18/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: Turk House *Recorded by Andrea Dumovich Heywood *Date March 2, 20230 Continuation ❑ Update DPR 523B (1/95) *Required information *P3a. Description (continued): Window fenestration on the primary (west) fagade includes two obscured -glass trapezoidal transoms below the front gable roof, and two sets of narrow, wood -frame, tripartite windows with a central fixed window flanked by casements, both set within the interior courtyard on either side of the main entrance (Figure 5). Remaining window fenestration throughout the building includes aluminum -frame fixed, casement, and jalousie windows along the south and north side fagades. A single wood -frame, multi-lite pedestrian door is located on the south (side) fagade and a wood -frame window with jalousie glass louvers over a paired obscured glass window is located on the north (side) fagade, along with two aluminum -clad sliding windows. Rear fenestration includes an aluminum -frame sliding kitchen window that projects outwards from the fagade, along with two expansive sets of aluminum -frame sliding doors and a fixed window (Figure 6). Additional architectural features include a central brick chimney, a whitewashed brick planter at the primary fagade below the front -facing gable, concrete block and concrete brise soleil pool equipment screen in the rear yard, a narrow whitewashed brick wall that encloses the north side yard, and long beams extending past the gable's end on both north and south (side) facades (Figure 7). The property is landscaped with palm trees, birds of paradise, and other Mid -Century Modern themed vegetation. *1310. Significance (continued): The Turk House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War //, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father's firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War lI years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Turk House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a Mid -Century Modern style home in Santa Ana. Located in Floral Park, the house cost $21,000 to build in 1960. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Mid - Century Modern style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Mid -Century Modern style exhibited by the house include its low-pitched cross -gable roof with broad overhanging eaves; extended beams below the gables; exposed rafters; continuous fascia that warps around the building's roofline; stucco, whitewashed brick, and concrete block exteriors; privacy wall incorporating a brise soleil and wrought iron gate at the primary fagade; main entrance made of wrought iron and obscured glass designed in a geometric pattern that echoes the entrance gate; two obscured -glass trapizoidal transoms below the front gable roof, narrow, wood -frame triparte windows with a central fixed window flanked by casements; aluminum -frame fixed, casement, sliding, and jalousie glass louver windows; obscured glass windows; alumium- frame sliding door with a fixed window; attached garage; central brick chimney; whitewashed brick planter; swimming pool; concrete block and brise soleil pool equipment screen in rear yard; and tropical landscaping. *B12. References (continued): Almendral, Dylan M. "The Home of Dynasties: Historic Home Profile." My Blog. 12 January 2020. Available: https://www.dylanmalmendral.com/blog/the-home-of-dynasties. Accessed: 1 February 2023. Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry. corn Operations Inc, 2000. DPR 523LCIty Council 19 — 14 4/18/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: Turk House *Recorded by Andrea Dumovich Heywood *Date March 2, 20230 Continuation ❑ Update Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Orange County Register and Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1990. Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier- Historical Publishers, 1963. DPR 523LCIty Council 19 — 15 4/18/2023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: Turk House *Recorded by Andrea Dumovich Heywood *Date March 2, 20230 Continuation ❑ Update Additional Figures: N Figure 2. Exposed rafter and continous fascia detail, facing Figure 3. Concrete block brise soled and whitewashed northeast. brick privacy wall, with geometrically patterned wrought iron gate, facing east. I Figure 4. Wrought iron door with obscured glass and single f. Figure 5. Two obscured -glass trapizoidal transoms, sidelite, facing east facing east. A f Figure 6. Aluminum -frame sliding door and a fixed window, ; facing west. Figure 7. Long beam extending past the gable's end on the south (side) fagade, facing west. DPR 523LCIt)! Council 19 — 16 4/18/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 19 — 17 4/18/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 19 — 18 4/18/2023 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report March 2, 2023 Topic: HRCA No. 2023-2, HRC 2023-1, HPPA No. 2023-1 —Turk House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2023-2 and Historic Register Categorization No. 2023-1 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Brian and Krystle L. Newquist, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Brian and Krystle L. Newquist are requesting approval to designate an existing Mid - Century Modern style residence located at 2311 North Benton Way to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property is worthy of local designation as "Key" status because it has a distinctive architectural style and quality reflective of the Mid -Century Modern style in Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Benton Way in the Floral Park neighborhood. The site contains a 1,781-square-foot, Mid -Century Modern style residence and attached garage on a 7,560-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, I \GJVUI 1 11 1 IIJJIVI I ' ouncil Exhibit 2 19 — 19 4/18/2023 HRCA No. 2023-2, HRC 2023-1, HPPA No. 2023-1 —Turk House March 2, 2023 Page 2 designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 63 years old and is a good example of period architecture. No known code violations exist on record for this property. The Turk House is architecturally significant as a representative example of a highly intact Mid -Century Modern style home in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. While it is not confirmed if the property was constructed by Roy Roscoe Russell (senior) or his son Roy Rodney Russell (junior), it is highly likely that Roy Rodney Russell (junior) is attributed to the construction of this property. According to City building records, it was built in 1960 for approximately $21,000. By circa 1962, the house was sold to A. Turk, who owned the property until 1981. From 1982-1983, city directories list R. O. Robinson as the building occupant. A 1984 city directory was not available for reference. Between 1985 - 1987 there is no tenant or owner identified in city directories. From circa 1989 - 1993, Jon and Susan Everett are identified as property owners. City directories do not include the building owner or tenant information for much of the mid -to -late 1990s. By 1999-2000, Gregg Davila is the known owner. The last available city directory, published in 2008, does not include the building owner. No additional information was uncovered regarding the past owners and tenants. Located on a modestly sized parcel in Floral Park, the Turk House is a one-story, single- family Mid -Century Modern Style residence with an attached garage and rear pool. The building features an L-shaped plan that emphasizes privacy with the garage in the projecting, front (west) leg of the "L" and a partially enclosed courtyard and living space towards the rear. Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, cross -gabled roof with broad, overhanging eaves and exposed rafters terminated by a continuous fascia that wraps around the building's roofline. The exterior of the house is clad primarily in a combination of stucco, whitewashed brick, and concrete block. The primary (west) fagade contains two wings: the front -facing gabled space of the attached garage and the side -gabled volume that houses the primary living space. A concrete block brise soleil and whitewashed brick privacy wall and geometrically patterned wrought iron gate conceals most of the side - gable wing. The main entrance, which is located behind the privacy wall, is composed of a wrought iron door with obscured glass and single side lite and is raised above a shallow concrete step. The door's abstract geometric pattern echoes that of the wrought iron gate. Window fenestration on the primary (west) fagade includes two obscured -glass Historic Resources Commission 22 March 9 9n92 City Council 19 — 20 4/18/2023 HRCA No. 2023-2, HRC 2023-1, HPPA No. 2023-1 —Turk House March 2, 2023 Page 3 trapezoidal transoms below the front gable roof, and two sets of narrow, wood -frame tripartite windows with a central fixed window flanked by casements, both set within the interior courtyard on either side of the main entrance. Remaining window fenestration throughout the building includes aluminum -frame fixed, casement, and jalousie windows along the south and north side fagades. A single wood -frame, multi-lite pedestrian door is located on the south (side) fagade and a wood -frame window with jalousie glass louvers over a paired obscured glass window is located on the north (side) fagade, along with two aluminum -clad sliding windows. Rear fenestration includes an aluminum -frame sliding kitchen window that projects outwards from the fagade, along with two expansive sets of aluminum -frame sliding doors and a fixed window. Additional architectural features include a central brick chimney, a whitewashed brick planter at the primary fagade below the front -facing gable, concrete block and concrete brise soleil pool equipment screen in the rear yard, a narrow whitewashed brick wall that encloses the north side yard, and long beams extending past the gable's end on both north and south (side) facades. The property is landscaped with palm trees, birds of paradise, and other Mid -Century Modern themed vegetation. Character -defining features of the Turk House include, but may not be limited to: low- pitched cross -gable roof with broad overhanging eaves; extended beams below the gables; exposed rafters; continuous fascia that warps around the building's roofline; stucco, whitewashed brick, and concrete block exteriors; privacy wall incorporating a brise soleil and wrought iron gate at the primary fagade; main entrance made of wrought iron and obscured glass designed in a geometric pattern that echoes the entrance gate; two obscured -glass trapezoidal transoms below the front gable roof; narrow, wood -frame tripartite windows with a central fixed window flanked by casements; aluminum -frame fixed, casement, sliding, and jalousie glass louver windows; obscured glass windows; aluminum -frame sliding door with a fixed window; attached garage; central brick chimney; whitewashed brick planter; swimming pool; concrete block and brise soleil pool equipment screen in rear yard; and tropical landscaping. The Turk House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a Mid -Century Modern style home in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Mid -Century Modern style. This category is reserved for structures exemplifying greater architectural significance than the "Contributive" category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of "Key" status due to the building's Mid -Century Modern style and quality craftsmanship which features horizontal massing; low -pitch gable roof with wide overhanging eaves; grouped, aluminum -frame casement windows; stucco siding; and an emphasis on indoor -outdoor living through the property's expansive glazing and an interior courtyard composed of a brise soleil privacy fence; among other original features. Mills Act Agreement City Council - 19 — 21 4/ig/2023 HRCA No. 2023-2, HRC 2023-1, HPPA No. 2023-1 —Turk House March 2, 2023 Page 4 Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Overall, future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include landscape maintenance so the front gable is fully visible from the public right-of-way, exterior painting, exterior stucco repair, new plumbing/electrical , pool replastering, window pane rehabilitation/replacement, improved landscaping in the front and rear yards, and general on -going maintenance. Staff will ensure that the proposed work will be done sensitively and will maintain the property's character defining features as part of the Mills Act Agreement for this property. As part of the mills act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. wtlu ounci 19-22 HRCA No. 2023-2, HRC 2023-1, HPPA No. 2023-1 —Turk House March 2, 2023 Page 5 In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-10 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $939.29 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency rR�pdbu lources Commission 2-519 — 23 3 023 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2023-2 TO PLACE THE PROPERTY LOCATED AT 2311 NORTH BENTON WAY, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2023-1 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On March 2, 2023, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2023-2) and categorization (Historic Resources Commission Categorization No. 2023-1) of the Turk House located at 2311 North Benton Way, Santa Ana. B. The Turk House has distinctive architectural features of the Mid -Century Modern style and was built in 1960. C. The Turk House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a Mid -Century Modern style home in Santa Ana. The house displays characteristics of the Mid -Century Modern style through its use of horizontal massing; low -pitch gable roof with wide overhanging eaves; grouped, aluminum -frame casement windows; stucco siding; and an emphasis on indoor -outdoor living through the property's expansive glazing and an interior courtyard composed of a brise soleil privacy fence; among other original features. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Mid -Century Modern style (Santa Ana Municipal Code, Section 30-2.2). This category is reserved for structures exemplifying greater architectural significance than the "Contributive" category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of "Key" status due to the building's Mid -Century Modern style and quality craftsmanship which features wide overhanging eaves; low -pitch roof; and grouped, aluminum -frame casement windows, among other original features. Character -defining features of the Turk House include, but may not be limited to: low-pitched cross -gable roof with broad overhanging eaves; extended beams below the gables; exposed rafters; continuous WM1.;te1:M(; RLQr,(4, rtQ1; n 2-6 March 2� 2023 City Council 19 — 24 Resolutioril*3 XXX Page 1 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 fascia that warps around the building's roofline; stucco, whitewashed brick, and concrete block exteriors; privacy wall incorporating a brise soleil and wrought iron gate at the primary fagade; main entrance made of wrought iron and obscured glass designed in a geometric pattern that echoes the entrance gate; two obscured -glass trapezoidal transoms below the front gable roof; narrow, wood -frame tripartite windows with a central fixed window flanked by casements; aluminum -frame fixed, casement, sliding, and jalousie glass louver windows; obscured glass windows; aluminum - frame sliding door with a fixed window; attached garage; central brick chimney; whitewashed brick planter; swimming pool; concrete block and brise soleil pool equipment screen in rear yard; and tropical landscaping. D. The legal owners of the property are Brian and Krystle L. Newquist. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2023-10 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2023-2 to place the Turk House located at 2311 North Benton Way, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2023-1 placing the Turk House located at 2311 North Benton Way, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. ouncil 19 — 25 Resolutio Page 2 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 2nd day of March, 2023. Tim Rush Chairperson 19 — 26 Resolutio Page 3 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: `IW Jo n M. Funk Chief Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on March 2, 2023. Date: Commission Secretary City of Santa Ana . eRources ommission - 19 _ 27 a� R�FeH � 3 Resolution �b'. �UZ,i=XXX Page 4 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-133-26 2311 North Benton Way REAL PROPERTY IN THE Brian and Krystle CITY OF SANTA ANA, L. Newquist COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 128 OF TRACT NO. 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 AND 34 OF MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2023-XXX Page 7377 City Council 2-10 19 — 28 ZI PH 3 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2023-2 and Historic Resources Commission Categorization No. 2023-1 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2311 North Benton Way, historically known as the Turk House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2023-XXX Page 6 o Mitt&& Aources Commission 2-11 19 _ 29 �ij%00�,32023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Brian Newquist and Krystle L. Newquist, husband and wife as Community Property with Right of Survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 2311 North Benton Way, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2311 North Benton Way, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 91Yt&Q4ARCAurces Commission 2-12 19 — 30 4/NTN20232023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on April 19, 2023, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. t1 tWdb&69urces Commission - - 1ZJ1331 MarcVl,& } 3 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the HWjS&R�ffrces Commission - - 19 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2311 North Benton Way, Assessor Parcel Number, 002-133-26, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. HiSq�cOP&U"Xces Commission - - 19 2W Ma%f4/�bM MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Brian and Krystle L. Newquist 2311 North Benton Way Santa Ana, CA 92706 40. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with f� t&M@Itrces Commission - - 19 _ A16 MarfA MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} IGibpGDRam lurces Commission 19 — 35 - W18102g023 ATTEST: Clerk of the Council OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Chief Assistant City Attorney MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: BRIAN NEWQUIST By: KRYSTLE L. NEWQUIST RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -� • r = • • • MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 128 OF TRACT NO. 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 AND 34 OF MISCELLANEOUS OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-133-26 tsyodsunNurces ommission - - 19 — 3�']9 jr6 23 EXECUTIVE SUMMARY Turk House 2311 North Benton Way Santa Ana, CA 92706 NAME Turk House REF. NO. ADDRESS 2311 North Benton Way CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1960 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mid -Century Modern Editor of Arts and Architecture magazine, John Entenza, and his influential sponsorship of the Case Study Program, greatly influenced the development of Mid -Century Modern architectural style. The Case Study Program, which included a series of residential designs (not all of which were constructed) was published between 1945-1966. The program emphasized modern design techniques and affordable construction methods that were easily replicated as a means to influence affordable housing production. Key design elements of the Case Study Program include stripped ornamentation, exposed structural components including wide beams as part of a post -and -beam structural system; flat or nearly flat roofs integrating generous overhangs; concrete flooring, and open floor plans. A strong emphasis on indoor -outdoor living was conveyed through the heavy utilization of glazed walls and interior and exterior courtyards. Mid -Century Modern style is an umbrella term that incapsulates a broad range of post -World War II modernist themes that were applied to a variety of property types including single -and -multi family residences, commercial buildings and centers, as well as large-scale educational, institutional, and indsustrial uses. The Mid -Century Modern style's period of significance is 1945-1975. Character -defining features of the Mid -Century Modern style include use of wood or steel post and beam exposed construction, bountiful glazing, and an emphasis on indoor -outdoor living. In form and massing, the style is expressed through simple geometric volumes and horizontal massing, usually asymmetrical. The style includes little to no ornamentaiton. Roof shapes are often flat or have low -pitch gables, both with wide overhanging eaves. Additionally, highly -pitched A -frame roofs are a reflection of the style. Fenestration is typically flush -mounted metal framed windows that span floor -to -ceiling. Siding can include stucco, concrete block, brick, and wood. SUMMARY/CONCLUSION: The Turk House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Mid -Century Modern style residential building. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Mid -Century Modern style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. Hi@jpjiE gprces Commission 19 — 38 March 2, 2W:$/2023 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Page 1 of 5 Resource name(s) or number (assigned by recorder) Turk House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 2311 North Benton Way City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-133-26 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a modestly sized parcel in Floral Park, the Turk House is a one-story, single-family Mid -Century Modern Style residence with an attached garage and rear pool (Figure 1). The building features an L-shaped plan that emphasizes privacy with the garage in the projecting, front (west) leg of the 1" and a partially enclosed courtyard and living space towards the rear. Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, cross -gabled roof with broad, overhanging eaves and exposed rafters terminated by a continuous fascia that wraps around the building's roofline (Figure 2). The exterior of the house is clad primarily in a combination of stucco, whitewashed brick, and concrete block. The primary (west) fagade contains two wings: the front -facing gabled space of the attached garage and the side - gabled volume that houses the primary living space. A concrete block brise soleil and whitewashed brick privacy wall and geometrically patterned wrought iron gate conceals most of the side -gable wing (Figure 3). The main entrance, which is located behind the privacy wall, is composed of a wrought iron door with obscured glass and single side lite and is raised above a shallow concrete step. The door's abstract geometric pattern echoes that of the wrought iron gate (Figure 4). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence; HP46. Walls/gates/fences; HP39. Other (swimming pool) *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (West and South) elevations, view east, January 2023 *P6. Date Constructed/Age and Sources: ■historic 19601 City of Santa Ana Building Permits W. Owner and Address: Brian M. and Krystle L. Newquist 2311 North Benton Way Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: March 2, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A7fMS7 ^Kequired information tel gu eA ources Commission 221 1 9 _ 39 W4B7b�S023 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: Turk House 131. Historic Name: Turk House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Mid -Century Modern House *136. Construction History: (Construction date, alterations, and date of alterations): February 8, 1960. Permit to construct a residence and attached garage. $21,000. February 5, 1960. Permit to construct a swimming pool. $2,700. *B7. Moved? ■No ❑Yes ❑Unknown *B8. Related Features: Swimming Pool. B9a. Architect: Unknown Original location: b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1960 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Turk House is architecturally significant as a highly intact example of a Mid -Century Modern style house in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. While it is not confirmed if the property was constructed by Roy Roscoe Russell (senior) or his son Roy Rodney Russell Qunior), it is highly likely that Roy Rodney Russell Qunior) is attributed to the construction of this property. According to City building records, it was built in 1960 for approximately $21,000. By circa 1962, the house was sold to A. Turk, who owned the property until 1981. From 1982-1983, city directories list R. O. Robinson as the building occupant. A 1984 city directory was not available for reference. Between 1985 - 1987 there is no tenant or owner identified in city directories. From circa 1989 - 1993, Jon and Susan Everett are identified as property owners. City directories do not include the building owner or tenant information for much of the mid -to -late 1990s. By 1999-2000, Gregg Davila is the known owner. The last available city directory, published in 2008, does not include the building owner. No additional information was uncovered regarding the past owners and tenants. (See Continuation Sheet 3 of 5.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 5.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: March 2, 2023 (This space reserved for official comments.) Sketch Map Turk House 2311 North Benton Way L! ^'' ••,• fir '"" Sio — 129 r-J na i6 � !S2 en e'a �f mu 22 21 n 25 MY 21 QJ f28 WAY 131 OLR&Ijources Commission - 19 — 40 Mard4?1 903 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: Turk House *Recorded by Andrea Dumovich Heywood *Date March 2, 20230 Continuation ❑ Update DPR 523B (1/95) *Required information *133a. Description (continued): Window fenestration on the primary (west) fagade includes two obscured -glass trapezoidal transoms below the front gable roof, and two sets of narrow, wood -frame, tripartite windows with a central fixed window flanked by casements, both set within the interior courtyard on either side of the main entrance (Figure 5). Remaining window fenestration throughout the building includes aluminum -frame fixed, casement, and jalousie windows along the south and north side fagades. A single wood -frame, multi-lite pedestrian door is located on the south (side) fagade and a wood -frame window with jalousie glass louvers over a paired obscured glass window is located on the north (side) fagade, along with two aluminum -clad sliding windows. Rear fenestration includes an aluminum -frame sliding kitchen window that projects outwards from the fagade, along with two expansive sets of aluminum -frame sliding doors and a fixed window (Figure 6). Additional architectural features include a central brick chimney, a whitewashed brick planter at the primary fagade below the front -facing gable, concrete block and concrete brise soleil pool equipment screen in the rear yard, a narrow whitewashed brick wall that encloses the north side yard, and long beams extending past the gable's end on both north and south (side) facades (Figure 7). The property is landscaped with palm trees, birds of paradise, and other Mid -Century Modern themed vegetation. *1310. Significance (continued): The Turk House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father's firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Turk House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a Mid -Century Modern style home in Santa Ana. Located in Floral Park, the house cost $21,000 to build in 1960. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Mid - Century Modern style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Mid -Century Modern style exhibited by the house include its low-pitched cross -gable roof with broad overhanging eaves; extended beams below the gables; exposed rafters; continuous fascia that warps around the building's roofline; stucco, whitewashed brick, and concrete block exteriors; privacy wall incorporating a brise soleil and wrought iron gate at the primary fagade; main entrance made of wrought iron and obscured glass designed in a geometric pattern that echoes the entrance gate; two obscured -glass trapizoidal transoms below the front gable roof; narrow, wood -frame triparte windows with a central fixed window flanked by casements; aluminum -frame fixed, casement, sliding, and jalousie glass louver windows; obscured glass windows; alumium- frame sliding door with a fixed window; attached garage; central brick chimney; whitewashed brick planter, swimming pool; concrete block and brise soleil pool equipment screen in rear yard; and tropical landscaping. *1312. References (continued): Almendral, Dylan M. "The Home of Dynasties: Historic Home Profile." My Blog. 12 January 2020. Available: htt - - - Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. DPR 523LCb Historic Resources Commission 19 — 41 March 2, _Ia_-0-- I-II 2-23 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: Turk House 'Recorded by Andrea Dumovich Heywood *Date March 2, 20230 Continuation ❑ Update Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers. com (Orange County Register and Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1990. Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. DPR 523LCif§i!;®lire(Resources Commission 2_A — 42 March 2, 24/21/2023 >tate of California —The Resources Agency Primary # )EPARTMENT OF PARKS AND RECREATION HRI # "ONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: Turk House 'Recorded by Andrea Dumovich Heywood "Date March 2, 2023❑x Continuation ❑ Update Additional Figures: r311181I�� 81 Figure 2. Exposed rafter and continous fascia detail, facing Figure 3. Concrete block brise soleil and whitewashed northeast. brick privacy wall, with geometrically patterned wrought iron gate, facing east. ,o Figure 4. Wrought iron door with obscured glass and single Figure 5. Two obscured -glass trapizoidal transoms, sidelite, facin east. facing east. i Figure 6. Aluminum -frame sliding door and a fixed window, "y facing west. Figure 7. Long beam extending past the gable's end on the south (side) fagade, facing west. DPR 5231LCityjggW resources Commission 2-25 19 — 43 March 2, AM/2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with C0446aim ksources Commission 2126 44 March 2, J64§2023 MILLS ACT AGREEMENT 2311 North Benton Way Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. 91KOf�cLOlurces Commission 192=45 March 2, 24M/2023 ORANGE COUNTY REPORTER --SINCE 1921-- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 2311 N. Benton Way To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 02/17/2023 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $117.80 Total $117.80 Daily Journal Corporation Serving your legal advertising needs throughout California ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 OR# 3671357 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2311 North Benton Way Project Applicant: Brian and Krystle Newquist Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2023-02, Historic Register Categorization No. 2023- 01, and Historic Property Preservation Agreement No. 2023-01 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Key for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER- 2023-10 will be filed for this project. Meeting Details: This matter will be heard on Thursday, March 2, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to P BAe C o m m e n is (a) s a n t a -a n a. o rc (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 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 action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo al (714) 667- 2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai s6 (714) 565- 2627. 2/17/23 OR-3671357# ity ounce Commission Historic Resources 1292846 March 2, 2023 4/18/2023 ' 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 PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2311 North Benton Way Project Applicant: Brian and Krystle Newquist Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2023-02, Historic Register Categorization No. 2023-01, and Historic Property Preservation Agreement No. 2023-01 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Key for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2023-10 will be filed for this project. Meeting Details: This matter will be heard on Thursday, March 2, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a-).santa-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 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 action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood santa-ana.org or 714-647-5899. Note: If you challenge the decision on the above matter. you v be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence HistoriFA 2M� Commission Y2947 March 2, 42/a§2023 delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAP J Al 133fee[ �y 2311 North Benton Way 540-Foot Buffer Map F Publish: OC Date: Februar%l J3,gng,� Historic Resources Commission 9-:� n pgar�rhT%2023 �i (`niiriril I^Q itR 1942'I2 PLANNING AND BUILDING AGENCY Planning and Building Agency www.santa-ana.org/planning-and-building Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: California Automatic Processing Program (CaIAPP) Grant AGENDA TITLE Adopt a Resolution to Authorize the City Manager to Accept the California Automated Permit Processing Program Grant in the Amount of $100,000 and Execute the Grant Agreement with the State of California Energy Commission, and Approve an Appropriation Adjustment Recognizing Funds RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager to accept and execute the Grant Agreement (APP-22-045) with the State of California Energy Commission (CEC) to receive a $100,000 grant award under the California Automated Permit Processing (CaIAPP) Program. 2. Approve an appropriation adjustment recognizing the CaIAPP grant funds, in the amount of $100,000, to revenue account number and appropriate same to expenditure account numbers. (Requires five affirmative votes) DISCUSSION CaIAPP is a grant program managed by the CEC to assist local governments in California with implementing an online automated solar permitting platform to streamline the solar permitting process. The program was authorized with the passage of Senate Bill 129 (Skinner, 2021). In 2022, the implementation of such a system became mandatory for all local jurisdictions with the passage of Senate Bill 379 (Wiener, 2022). Available funding varies from $40,000 to a maximum of $100,000 based on the population size of the local jurisdiction. Applicants whose population is greater than 200,000 are eligible for the maximum $100,000 award. Building staff submitted the grant application on November of 2022, and was notified by the CEC on January 2023, of a grant award in the maximum amount of $100,000. To receive the grant funding, it is necessary for the City Council to adopt a resolution authorizing actions by the City to accept, appropriate, and obligate the grant funds. Under the agreement, the City has until March 30, 2027, to submit all invoices and the grant terminates on May 31, 2027. The grant requires the implementation of an online automated solar permitting platform that automates project plan review, verifies code City Council 20-1 4/18/2023 California Automatic Processing Program Grant April 18, 2023 Page 2 compliance, and issues permits in real time for a solar energy system. A local jurisdiction has the option of implementing the SolarAPP+ software or propose a similar permitting tool to be developed by the City and separately vetted by CEC for compliance. SolarAPP+ is a web -based portal developed by the National Renewable Energy Laboratory, a national laboratory of the U.S. Department of Energy. The platform has been vetted, pre -approved, and deemed by CEC to fulfill all the requirements of the grant. The City reviewed the functionalities of the SolarAPP+ platform and found it to be compatible with the land management system the City is developing and opted to submit the grant application to implement the CEC preapproved SolarAPP+ platform in order to streamline the implementation process. ENVIRONMENTAL IMPACT Implementation of an online -automated solar permitting platform will streamline the local solar permitting process and will reduce reliance on non-renewable energy. This will not result in any significant effect on the environment. Accordingly, the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines as amended. FISCAL IMPACT Approval of the appropriation adjustment will recognize $100,000 in funds from the CEC to revenue account (13116002-52025) and appropriate same to expenditure accounts (nos. 13116500-various). Accounting Fund Accounting Unit, Fiscal Year Unit- Description Account Amount Account # Description FY 23-24 13116500- Miscellaneous CA Automated Permit $100,000.00 various Grants Program - Various TOTAL $100,000.00 All funds are scheduled for expenditure in Fiscal Year 2023-24; however, any remaining balances not expected at the end of the fiscal year will be carried forward into FY 202425 for expenditure. EXHIBIT(S) 1. Resolution 2. Grant Agreement and Exhibits Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 20 — 2 4/18/2023 Exhibit 1 RESOLUTION NO.2023-OXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE RECEIPT OF FUNDS FROM THE CALIFORNIA ENERGY COMMISSION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM WHEREAS, the State of California, Energy Commission ("Commission") has issued a Notice of Proposed Awards ("NOPA") dated June 1, 2022, forthe California Automated Permit Processing ("CaIAPP") Program; and WHEREAS, the City Council of the City Santa Ana ("City") submitted a grant application form for the CaIAPP program to recover the cost of establishing an eligible automated online solar permitting platform; and WHEREAS, pursuant to Senate Bill 129 (Skinner, Budget Act of 2021), the Commission is authorized to provide up to twenty million (20,000,000) dollars under the California Energy Commission to support a funding program for California cities and to establish online automated solar permitting of which Santa Ana is eligible for $100,000 in funding. NOW, THEREFORE, THE CITY COUNCIL OF SANTA ANA RESOLVES AS FOLLOWS: SECTION 1. In connection with the CaIAPP grant, if the application is approved by the Department, the City Manager or the Executive Director of Planning and Building Agency is authorized to enter into, execute, and deliver a State of California Agreement (Standard Agreement) forthe amount of$100,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the CaIAPP grant, appropriate the grant funds, and authorize the City's obligations related thereto, and all amendments thereto. SECTION 2. The City shall be subject to the terms and conditions as specified in the Grant Agreement, the CaIAPP Grants Program Guidelines, and any applicable CaIAPP guidelines published by the Commission. Funds are to be used for allowable expenditures as specifically identified in the Grant Agreement. The application is incorporated in full as part of the Grant Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Grant Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application, as approved by the Commission and in accordance with the NOPA, the CaIAPP Grants Program Guidelines, and the CaIAPP Program Application. Resolution No. 2023-XXX City Council 20 — 3 4/18 2 3 of 3 SECTION 3. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act and the CEQA Guidelines, this action is exempt from further review as there is no potential for any environmental impact. 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 , 2023 by the following vote: Valerie Amezcua APPROVED AS TO FORM: Mayor Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2023-XXX City Council 20 — 4 4/18 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: City Clerk City of Santa Ana Resolution No. 2023-XXX City Council 20 — 5 4/18 2 3 of 3 STATE OF CALIFORNIA GRANT AGREEMENT CEC-146 (Revised 3/2019) Exhibit 2 Alm CALIFORNIA ENERGY COMMISSION ;W RECIPIENT AGREEMENT NUMBER City of Santa Ana APP-22-045 ADDRESS AGREEMENT TERM 11/29/2022 to 05/31/2027 20 Civic Center Plaza, M-19 The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, Santa Ana, CA 92701 whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date. PROJECT DESCRIPTION The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement. Exhibit A — Application with Scope of Work Page(s): 4 Exhibit B — APP General Terms and Conditions Page(s): 5 Exhibit C — Contact List Page(s): 1 $ 100, 000 $0 $ 100, 000 The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein. CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE NAME Adrienne Winuk NAME TITLE Contracts, Grants, and Loans Office Manager TITLE CALIFORNIA ENERGY COMMISSION ADDRESS 715 P Street, MS 18, Sacramento, CA 95814 City Council 20 — 6 4/18/2023 ATTACHMENT 01 Grant Application Form — EXHIBIT A California Automated Permit Processing (CaIAPP) Program 1. APPLICANT INFORMATION (REQUIRED) Jurisdiction Name (please use full legal name as it would appear on the executed grant): City of Santa Ana Jurisdiction Type (select one): ❑X City ❑ County ❑ City and County Current Estimated Population State of California Department of Finance Demographic (https://dof.ca.gov/forecasting/Demographics/): ❑ Less than 50,000 ❑ From 100,000 to 200,000 ❑ From 501000 to 99,999 ❑X Greater than 200,000 Project Manager (serves as point of contact forall communications) Name Mark Smith Street Address 20 Civic Center Plaza, M-19 City and Zip Code Santa Ana, CA 92701 Phone Number (714) 647-5845 E-Mail Address msmith@santa-ana.org 2. FUNDING (REQUIRED) Assigned Maximum Grant Amount (select one) ❑ Group 1 ($40,000): Population less than 50,000 ❑ Group 2 ($60,000): Population from 50,000 to 99,999 ❑ Group 3 ($80,000): Population from 100,000 to 200,000 ❑— Group 4 ($100,000): Population greater than 200,000 November 2022 Paae 1 of 4 APP-22-045 City Council CaIAPP Attachmentlo — 7 City 0448Y26E3 3. A. A C. PROJECT INFORMATION (REQUIRED) Online, automated solar permitting platform to be adopted: ❑X SolarAPP+ ❑ Other. If selected, complete Section 4 ('Additional Information") Please select allowable budget item(s) anticipated to be used (Select at least one): ❑X Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform ❑X Ongoing third -party or consultant time associated directly with adoption and maintenance of the platform ❑X Ongoing staff training and education, specific to the platform ❑X Ongoing training events for local installers, specific to the platform X Essential hardware or equipment necessary to support adoption of the platform X❑ Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform Estimated Project Timeline* *Enter actual dates if activities already began Activity Begin Development/Pilot Full Adoption Staff Training Training for Local Installers Date (Month/Year) February 2023 August 2023 August 2023 September 2023 November 2022 Paae 2 of 4 APP-22-045 City Council CaIAPP Attachments — 8 City oOMy2623 4. ADDITIONAL INFORMATION (if applicable) NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval. Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based ❑ ❑ on user inputs (such as a contractor), thereby enabling or Yes No otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review Supports online, immediate fee payment once an application is ❑ Yes ❑ No complete, which may include auto -invoicing of permit fee costs Supports immediate generation of a permit job card following ❑ Yes ❑ No payment confirmation Blocks noncompliant applications from receiving a permit ❑Yes ❑ No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with ❑ Yes ❑ No current software and inspection platform already in use S. REPORTING (REQUIRED) Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy 0 Yes ❑ No storage system including relevant characteristics of those systems, such as system capacity. Please indicate your acceptance of these terms. November 2022 Paae 3 of 4 APP-22-045 City Council CaIAPP AttachmenQy — 9 City o4"12023 6. CERTIFICATION (REQUIRED) • I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation. • I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of Authorized Jason Kwak Representative: Title: Building Safety Manager / Building Official Phone Number: (714) 647-5866 E-mail Address: jkwak@santa-ana.org Date: 11-17-2022 Signature of Digitally signed by Jason Kwak Jason KwakSafetyDN DJason Kwak, of Santa Ana, Authorized l=jkwa rg,Building Division, email=jkwak@santa-ana.org, c=US Representative: Date:2022.11.17 08:53:01-08'00' NOTE: Do not overlap signature with surrounding border lines. November 2022 Paae 4 of 4 APP-22-045 City Council CaIAPP Attachment_0 — 10 City 0448Y262S, Exhibit B California Automated Permit Processing (CaIAPP) Program Terms and Conditions 1. Background and Authority for this Grant California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting. 2. Documents Incorporated by Reference and Priority Incorporated by reference into this agreement are the following documents: A. Grant Funding Opportunity (GFO) 21-402. B. Recipient's application to CaIAPP. As between the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict. 3. Budget, Invoices, and Payments a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement's budget; and (4) reasonable, actual, and allowable expenses under this Agreement. b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller's Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement. The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee's name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include: • Software not related to the adoption of a qualifying online, automated permitting platform. • Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. November 2022 Page 1 of 5 APP-22-045 City of Santa Ana City Council 20 —11 4/18/2023 • Typically excluded items such as food and beverages. • Advertising costs. • Fines and penalties. • Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable. • Unreasonable amounts or rates. 4. Certification By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CaIAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement. 5. Nondiscrimination Statement of Compliance During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave. The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement. The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement. 6. Drug -Free Workplace Certification By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) 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 as required by Government Code Section 8355(a). November 2022 Page 2 of 5 APP-22-045 City of Santa Ana City Council 20 — 12 4/18/2023 2) Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: • The dangers of drug abuse in the workplace; • The person's or organization's policy of maintaining a drug -free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project: • Will receive a copy of the company's drug -free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. 7. Americans With Disabilities Act By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA. 8. Accounting and Audit The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16. Access to Sites and Records. 9. Public Works The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing November 2022 Page 3 of 5 APP-22-045 City of Santa Ana City Council 20 — 13 4/18/2023 wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements. 10. Intellectual Property As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no -cost, non-exclusive, transferable, irrevocable, royalty -free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement. 11. Amendment No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC. 12. Governing Law This Agreement is governed by the laws of the State of California as to interpretation and performance. 13. Independent Capacity In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California. 14. Severability If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect. 15. Waiver No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law. 16. Access to Sites and Records The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit. November 2022 Page 4 of S APP-22-04S City of Santa Ana City Council 20 — 14 4/18/2023 17. Termination Without Cause The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations. 18. Third -Party Beneficiary The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third -party beneficiary to the agreement. 19. Survival of Terms The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination: • 8. Accounting and Audit • 9. Public Works • 10. Intellectual Property • 12. Governing Law • 14. Severability • 15. Waiver • 16. Access to Sites and Records • 18. Third -Party Beneficiary November 2022 Page 5 of 5 APP-22-045 City of Santa Ana City Council 20 — 15 4/18/2023 Exhibit C CONTACT LIST California Energy Commission Commission Agreement Manager: Adam Van Winkle California Energy Commission 716 P Street, MS-45 Sacramento, CA 95814 Phone: (916) 477-1799 e-mail: adam.vanwinkle )enerqY.ca.Qov Confidential Deliverables/Products California Energy Commission Contracts, Grants, and Loans Officer 715 P Street MS-18 Sacramento, CA 95814 Invoices, Progress Reports and Non - Confidential Deliverables to: California Energy Commission Accounting Officer 715 P Street MS-2 Sacramento, CA 95814 Email PDF of Payment Request invoice packet to: invoicesCalenergy.ca.gov Legal Notices: Tatyana Yakshina Grants Manager 715 P Street MS-18 Sacramento, CA 95814 Phone: (916) 827-9294 e-mail: tatyana.yakshina@energy.ca.gov Recipient Project Manager: Mark Smith City of Santa Ana — Planning and Building Agency 20 Civic Center Plaza Santa Ana, Ca, 92701 Phone: (714) 647-5845 e-mail: Msmith@santa-ana.org Administrator: Jason Kwak City of Santa Ana — Planning and Building Agency 20 Civic Center Plaza Santa Ana. CA 92701 Phone: (714) 647-5866 e-mail: Jkwak@Santa-Ana.org Accounting Officer: Chelsea Shafer City of Santa Ana — Planning and Building Agency 20 Civic Center Plaza Santa Ana, Ca, 92701 Phone: (714) 647-5113 e-mail: Cshafer@Santa-Ana.org Recipient Legal Notices: Clerk of the Council City of Santa Ana — Clerk of the Council 20 Civic Center Plaza Santa Ana, Ca, 92701 Phone: (714) 647-6520 e-mail: Cityclerk@Santa-Ana.org November 2022 Page 1 of 1 APP-22-045 City Council 20 — 16 4 na Planning and Building Agency www.santa-ana.org/planning-and-building Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Ordinance Amendment No. 2023-02: License Requirements of Contractors and Subcontractors AGENDA TITLE First Reading of an Ordinance to Amend Section 8-6 of the Santa Ana Municipal Code (SAMC) Pertaining to License Requirements of Contractors and Subcontractors to Include the Collection and Disclosure of Information Regarding Pending or Prior Enforcement Actions for any State or Federal Labor Violations RECOMMENDED ACTION Conduct a first reading of Ordinance Amendment No. 2023-02 — An ordinance of the City Council of the City of Santa Ana amending Section 8-6 of the Santa Ana Municipal Code (SAMC) pertaining to license requirements of contractors and subcontractors to include the collection and disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations. EXECUTIVE SUMMARY AND DISCUSSION At the regular meeting of March 7, 2023, the City Council discussed a goal of promoting transparency pertaining to fair labor and business practices by contractors in the construction industry. The City Council discussed and provided policy directions and directed staff to draft an ordinance to achieve the following objectives: 1. Require the disclosure of information regarding pending or prior enforcement actions for any state or federal labor violations in addition to information currently being required pertaining licensing and insurance information; and 2. Apply the new disclosure requirement only to projects involving 20 or more residential units or 20,000 or more square feet of commercial and industrial development. The existing Section 8-6 (License requirements of contractors and subcontractors) of the SAMC requires the applicant of a building permit to provide verification of workers' compensation insurance, state contractor license and license category, City business license, and federal tax identification number for contractors and subcontractors working on a construction project within the City. The draft ordinance amends these requirements to include the disclosure of any pending or final adverse determinations for state or federal labor code violations and any paid penalties to a government agency related to the provisions of the California Labor Code within the prior five-year period. The additional disclosures are applicable only to projects consisting of 20 or more residential units, or 20,000 or more square feet of commercial or industrial development. City Council 21 — 1 4/18/2023 Ordinance Amendment No. 2023-02: License Requirements of Contractors and Subcontractors April 18, 2023 Page 2 As directed by the City Council, the draft ordinance establishes practical thresholds for when the information must be provided to not burden small projects and a reasonable applicable time period to promote and incentivize corrective labor practices and compliance with labor regulations. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines as amended, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. FISCAL IMPACT There is no direct fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance Submitted By: Minh Thai, Executive Director of Planning and Building Agency Kathryn Downs, Executive Director of Finance and Management Services Approved By: Kristine Ridge, City Manager City Council 21 — 2 4/18/2023 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 8-6 RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS WHEREAS, Section 8-6 of the Santa Ana Municipal Code provides that no person shall be issued a permit to perform work requiring a permit under the Code unless they are a licensed contractor or a representative thereof, among other things; and WHEREAS, Section 8-6 further provides that at the time of permit issuance, the permit applicant must submit a list of all subcontractors and furnish for each subcontractor verification of workers' compensation insurance, state contractor license and license category, city business license, and federal tax identification number; and WHEREAS, the City wishes to expand the scope of these disclosures to include for each subcontractor any pending or final determinations for state or federal labor code violations within the prior 5 years, and make the same disclosures applicable only to projects involving 20 or more residential dwelling units or 20,000 or more square feet of commercial or industrial development; and WHEREAS, these added disclosures are intended to recognize and promote the value of fair labor and business practices in these types of projects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Section 8-6 (License requirements of contractors and subcontractors) of Article I of Chapter 8 of the Santa Ana Municipal Code (Buildings and Structures) is hereby amended to read in its entirety as follows (new language underlined, deleted language in strikeout for tracking purposes only). Sec. 8-6. License requirements of contractors and subcontractors. (a) No person shall be issued a permit to perform work requiring a permit under this Code, unless they are: (1) A licensed contractor; (2) An employee, agent or authorized representative of a licensed contractor; (3) A representative of an electronically subscribed service acting on behalf of a licensed contractor; or Ordinance No. NS-XXX City Council 21 — 3 41181ZO of (4) The property owner performing their own work; (5) An employee of the owner, provided that the owner shows evidence of workers' compensation insurance required by state and city law, and their federal tax identification number. M A person applying for a permit under this code to perform work on a project consisting of 20 or more residential dwelling units or 20,000 or more square feet of commercial or industrial develoament shall submit the followina information at the time of permit issuance and prior to commencement of work: M a list of all subcontractors and provide verification of each subcontractor's workers' compensation insurance, state contractor license and license category, city business license and federal tax identification number. No person shall contract or subcontract construction work without a valid contractor's license pursuant to applicable provisions of the state business and professions code. a disclosure of any pending or final determinations pertaining to state or federal labor code violations and any penalties paid to a government agency related to the arovisions of the California Labor Code within the arior 5 vears for all subcontractors. (c) In the event that the applicant cannot provide a list of valid subcontractors and the information required above upon permit application, the applicant shall provide to the city, within a reasonable period of time after issuance of each permit but prior to commencement of any work pursuant to said permit, all information required by subsection (b). Failure to provide valid and current subcontractor listings prior to commencing work shall result in one or more of the following: LD Issuance of a Stop Work Order; and (42) Revocation of any permit issued by the city; and (23) The permit applicant paying a penalty for default to the city in an amount equal to the original permit fee for each violation in order to defray city costs of enforcement of this section prior to the issuance of any new permit. JdJ The information required by subsection (b) shall be required at the time when any new contractor or subcontractor is added to the permit. Le) Any work performed prior to satisfying the requirements of this section shall be deemed performed without the required permits. Section 3. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections Ordinance No. NS-XXX City Council 21 —4 4/1 8d0Y of 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This Ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney IN John M. Funk Chief Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2023. Valerie Amezcua Mayor Ordinance No. NS-XXX City Council 21 — 5 4/18/2OY of CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX City Council 21 — 6 4118dffl 0" Finance and Management Services www.santa-ana.org/finance Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Early Direction for Fiscal Year 2023-24 Budget Cycle AGENDA TITLE: Early Direction for Fiscal Year 2023-24 Budget Cycle RECOMMENDED ACTION Provide early budget direction to staff for the upcoming fiscal year. DISCUSSION The discussion for this agenda item is the City Council's opportunity to provide early budget direction for FY 2023-24. The staff presentation will include, at a minimum, the following topics: • An early look at General Fund revenue, which is not expected to significantly increase from FY 2022-23 • An early look at the "Baseline" General Fund budget, defined as the recurring status -quo with no service level enhancements • Efforts to gather public input • Measure X Oversight Committee recommendations • Cannabis Tax and Public Benefit Fund analysis • Updated 10-year outlook for the General Fund • The next steps in the budget process Staff is currently in the midst of preparing the draft budget for FY 2023-24. The Budget Calendar includes City Council budget workshops on the regular agendas of May 2 and May 16. If the City Council wishes to have a dedicated budget workshop outside of the regular meeting schedule, staff has identified May 11 as the potential date. FISCAL IMPACT There is no fiscal impact associated with the recommendation. Submitted By: Kathryn Downs, Executive Director Finance and Management Services Approved By: Kristine Ridge, City Manager City Council 22 — 1 4/18/2023 Early Direction for Fiscal Year 2022-23 Budget Cycle April 18, 2023 Page 2 Exhibit: 1. Early Direction for FY 2023-24 City Budget Presentation City Council 22 — 2 4/18/2023 0000 City Council Meeting April 18,2023 EjWLYBUDGET FY20212324 L 0 _W. , k UDGETCYCLE Anr May Budget Workshops 7 J City Council 22-4 4/18/2020age 2 of 18 IPURPOSE OFEARLYDIRECTION • Early budget information to Council • Council direction only - no action o Provides staff with insight to build the budget o Answer specific budget policy questions City Council 22 — 5 411812020age 3 Of 18 JU: AxexeIel ENGAGEMENT TOOLS • 13 Question Community Budget Priorities Survey • Budget Engagement Simulation Tool (Best) o Simulate: Respondents can adjust current General Fund spending o Prioritize: Respondents can select and rank defined projects and initiatives within a budget 5ANTA ANA • LET'"`'` ^2023-24 IM I community Budge< � Survey _e 5 Community Budget Forums in all Council Wards Three Community -wide events Virtual forums with Youth Planning Commission and KidWorks INITIAL PUBLIC INPUT To date we have received 796 responses from survey and simulation tools. Trending responses shown here. Invest in homeless - reduction programs • Inform homeless community members about available services • Address homelessness -related issues • Coordination with surrounding cities and County governments to address homelessness • More affordable housing • Clean-up homeless encampments Improve City parks • City should acquire vacant lots, properties to expand existing parks or create new parks and dog parks • Improvements to existing parks (cameras, playground/recreation equipment) • Regular playground maintenance • Cameras and better lighting at parks to enhance safety Invest in crime -reduction • • • • programs • More gang prevention programs • PAAL program expansion • Fund afterschool and educational programs for youth Street Maintenance / Traffic Improvements • More frequent street maintenance • Fill potholes • Alternatives to traffic calming • Repave alleys and city -owned parking lots • Sidewalks and pavement maintenance Library Investments • Additional libraries • After school programs for youth City Council 22 — 7 4/18/20 age 5 of 18 FAVOR ONE-TIME SPENDING FROM MEASURE X REVENUE CONSIDER PROGRAMS TO USE COMMUNITY -BASED PROFESSIONALS VS. SWORN OFFICERS TO RESPOND TO NOW VIOLENT POLICE CALLS EXPLORE ESTABLISHING A MEASURE X SUNSET STABILIZATION FUND PREPARE A LONG-TERM PLAN TO PREPARE FOR MEASURE X RATE REDUCTION SHIFT MEASURE X REVENUE TO FIXING STREETS INCREASE SALES TAX COMPLIANCE FOR MOBILE FOOD VENDORS THROUGH REGISTRATION AND EDUCATION EFFORTS City Council 22 — 8 411812020age 6 of 18 0 Sales Tax (40% of budget) • Used consultant's "Most Likely" Scenario • Higher interest rates have slowed car sales • Continued global supply chain challenges • Concerns about future recession Business License Tax Assume flat for now until more info available in May 11 _' 0 Property Tax (24% of budget) • Prop 13 growth of 2% max • Pe -assessed values for properties sold contributes to the growth above 2% • Sales activity has decreased • City receives an average of 18.45% of the 1% assessment Proposed fee increase of 4.1 % Based on the compensation increase for staff providing the services Cannabis Tax Assume reduction of $8M for now, until more info available in May All Other revenues may increase by 3.8% Some examples include charges for services & franchise fees 0 0 0 o FY 2023-24 BASELINE BUDGET y FY 2022-23 Adjusted Budget - Removed One-time Items +Full-time funding for items added in FY 2022-23 with partial funding +Employee compensation increases (Step Increases &Labor Agreements) - Adjustments for Debt Payments +Transfer to Pension Stabilization +Adjustments for Overhead Allocations +Fire &Ambulance contract increases =Baseline Budget for FY2023-24 Estimated Recurring of $397.3 million City Council 22 — 10 411812020age 8 of 18 City Council 22 —11 411812020age 9 of 18 Summary of the General Fund Balance Estimated Ending Balance attune 30, 2023, $101,495,809 adjusted for non -cash activities Less 18% Reserve $(71,967,831) Estimated Spendable Balance $29,527,978 Planned Additions to FY23-24 Budget: Third & Broadway Development Contractual $(13,000,000) Obligation Right-of-way maintenance to cover Gas Tax revenue reduction to preserve current $(700,000) service levels Potential Special Elections $(1,000,000) Climate Action Plan $(750,000) Downtown Santa Ana Parking Subsidy $(1,862,320) Estimated Available for One -Time Spending $12,215,658 City Council 22-12 411812Wge 10 of 18 Event Spending Should event funding be adjusted? City Council 22 — 13 411812Wge 11 of 18 UNFUNDED EMPLOYEE PENSION UAB/LITY COST- REDUCTIONPOLICY "It shall be the City's policy to consider an additional discretionary payment to reduce the unfunded pension liability during each annual budget process" Shall we add any discretionary payments from one-time money? COZOZOI01 City Council 22 — 14 411812Wge 12 of 18 UNFUNDED EMPLOYEE PENSION LABILITY COST - REDUCTION POLICY 70,000,000 60, 000, 000 50,000,000 40,000,000 30, 000, 000 20,000,000 t0,o00,000 New Obligations vs Planned Budget POB Debt Service OTotal UAL Payments- Discounted -Pension Debt Budget Baseline M It 10 n W o, o N In a 0 1 n 00 m o 4 N f+, a �n 10 rn 0 0 0 © 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 N N N N N N 1 1 N N N N N N I N N N N N N N I N I City Council 22 — 15 4/18/2(� ge 13 of 18 Cannabis Public Benefit Fund - Summary Expected 2/3 allocation of Cannabis Tax Less: PRCSA Youth Library Youth Planning & Building Code Enforcement Finance Enforcement City Attorney's Office Enforcement Police Enforcement Recurring Cannabis Tax Available $9,077,333 $3,209,410 $975,000 $1,190,520 $362,990 $553,080 $3,520,900 $(734,567) 11 Latest estimate of June 30, 2023 spendable fund balance Less: Midyear request for Newhope Library Renovation Third Quarter request for Main Library Renovation One -Time Cannabis Tax Available Staff is in process of fine-tuning this budget, but we need more data from tax remittances after the rate reductions became effective January 1, 2023 $3,306,876 $1,1501000 $1,710,414 $446,462 City Council 22-16 411812Wge 14 of 18 I YA4er New Rent Stabilization Program/Fee/Fund - FY 2023-24 budget will include a new fund for Rent Stabilization. To be funded with a new fee to cover staff costs of operating the program, including legal, housing and administration. Community Development will bring an item to Council by June. r Civic Center Modernization - City will receive $9 million from the state for Modernization of the Civic Center. This grant will be used for acquisition of the state building and related costs. Receipt of the funding enables us to fulfill Senator Umberg's request to provide $1.5 million of direct assistance to downtown businesses. 2111�1�'14weZ0j, •1 JI11111►I =11 ■M►d 1=&'T o&qv' Santa Ana may receive • Purchase Naloxone or a total of $11.4 million, similar with a large share • Medication -assisted and other opioid relatedtreatment being received over a period of 7 years and • Treatment for pregnant the reaming over 18 & postpartum women Years • Treatment for neonatal abstinence syndrome • Warm hand-off and recovery programs • Treatment for those To date, we have incarcerated received $1,128,302 • Prevention programs • Prevention programs • Syringe service programs • Data collection and analysis of effectiveness of abatement strategies rAn l� ri • Continue gathering public input • Complete internal process and develop recommendations Next Steps E • Council womr sessions during regular meetings on May 2 and May 16 • Optional dedicated workshop on May 11 • Draft budget and CIP presentations F � City Council 22 — 19 411812Wge 17 of 18 0000 Q ESTIONS? ............ ............ ............ City Manager's Office www.santa-ana.org/city-managers-office Item # 23 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Resolution Declaring the Termination of Local Emergency Regarding the COVID- 19 Pandemic AGENDA TITLE Resolution Declaring the Termination of Local Emergency Regarding the COVID-19 Pandemic RECOMMENDED ACTION Adopt a resolution declaring the termination of the proclamation of local emergency relating to COVID-19. DISCUSSION On March 17, 2020, the City Council adopted a resolution proclaiming a local emergency in response to the COVID-19 pandemic pursuant to Santa Ana Municipal Code Section 2-646. The City's proclamation of a local emergency assisted in a cross - jurisdictional response, as well as supported recovery measures, both of which coordinated public services to respond to the emergency and mitigated the adverse effects of the pandemic on residents. In addition to ordering the closure of City facilities, such as City Hall, park amenities, community centers, and more, the City Council authorized the City Manager, as the Director of Emergency Services, to enact orders and regulations necessary to protect the health and welfare of the community. Under the leadership of the City Council and as a response to the pandemic, the Director of Emergency Services issued several executive orders to implement policies, such as an eviction moratorium for residential and commercial tenants, temporarily postponing administrative hearings and deadlines, stopping all water service disconnections, and expanding outdoor dining for businesses. Twice, the City Council took action to allocate federal funds for COVID-19 response and recovery initiatives. First, on August 4, 2020, the City Council allocated $28.6 million in federal money for the Santa Ana Cares program, a massive effort to provide financial and health assistance to community members adversely affected by the pandemic. By December 31, 2020, the City had distributed the following: • $4,689,415 in business grants to 440 Santa Ana businesses City Council 23 — 1 4/18/2023 Resolution Declaring the Termination of Local Emergency Regarding the COVID-19 Pandemic April 18, 2023 Page 2 • $2,985,239 in housing assistance grants for landlords and tenants • $928,500 in utility assistance grants to 1,857 Santa Ana households • $480,000 in artist grants to Santa Ana -based artists and art organizations • $220,500 in childcare grants to 221 families • $122,580 in isolation assistance for 81 Santa Ana households with a COVID-19 diagnosis • Over 35,000 COVID-19 tests for at -risk populations • Over 300,000 face masks and other supplies at 121 Santa Ana neighborhoods and parks Second, on July 20, 2021, the City Council allocated the first of a total of $128 million of federal American Rescue Plan Act ("ARPA") funding to continue to respond to and recover from the pandemic. Referred to as Revive Santa Ana, these funds have supported a series of COVID-19 recovery initiatives, including food distributions, direct financial assistance to residents, improvements to our public infrastructure including new park restrooms, a variety of youth programs, and more. Revive Santa Ana is broken down into five expenditure categories: City Fiscal Health, Public Health and Safety, Critical Infrastructure, Recovery from the Pandemic, and Direct Assistance Programs. Specifically, the following amounts were allocated to each expenditure category: • City Fiscal Health: $16,250,000 • Public Health and Safety: $32,062,600 • Critical Infrastructure: $53,550,000 • Recovery from the Pandemic: $8,750,000 • Direct Assistance Programs: $17,687,400 Revive Santa Ana is on -going; progress updates are available on the City's website: www.santa-ana.org/departments/revive. Since the beginning of the pandemic, the City of Santa Ana has experienced 93,307 total cases of COVID-19, with 1,172 deaths attributed by COVID-19. At the state level, Governor Gavin Newsom ended the State's COVID-19 State of Emergency on February 28, 2023. At the federal level based on current COVID-19 trends, the U.S. Department of Health and Human Services (HHS) is planning for the federal Public Health Emergency for COVID-19, declared under Section 319 of the Public Health Service (PHS) Act, to expire at the end of the day on May 11, 2023. As the spread of COVID-19 has decreased locally, statewide, and nationwide, and considering that the resources required to successfully respond to pandemic are now readily available, staff has determined that there is no longer a need to continue the declaration of local emergency. Accordingly, staff recommends that the City Council adopt a resolution terminating the local emergency, effective April 18, 2023. City Council 23 — 2 4/18/2023 Resolution Declaring the Termination of Local Emergency Regarding the COVID-19 Pandemic April 18, 2023 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 23 — 3 4/18/2023 RESOLUTION 2023-XXX A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING THE TERMINATION OF THE PROCLAMATION OF A LOCAL EMERGENCY REGARDING THE CORONAVIRUS (COVID-19) PANDEMIC WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public health emergency for COVID-19 beginning on January 27, 2020; and WHEREAS, the World Health Organization declared the Coronavirus (COVID-19) outbreak a public health emergency of international concern on January 30, 2020, and a pandemic on March 11, 2020; and WHEREAS, on February 26, 2020, the County of Orange declared a local emergency and a local health emergency to prepare for COVID-19 in the event of a COVID-19 outbreak in Orange County; and WHEREAS, on March 4, 2020, Governor Newsom declared a state of emergency related to COVID-19; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency in response to COVID-19; and WHEREAS, a local emergency, as defined by section 2-643 of the Santa Ana Municipal Code and by California Emergency Services Act Section 8558(c), may be proclaimed upon conditions of disaster or extreme peril, existing or imminently likely, so as to threaten lives and property, and by reason of its magnitude is or is likely to be beyond the control of the available services, personnel, equipment and facilities of the city; and WHEREAS, on March 17, 2020, the Santa Ana City Council adopted a resolution (Resolution No. 2020-016) proclaiming a local emergency due to the conditions or threatened conditions of COVID-19 in the City of Santa Ana, which constitutes an extreme peril of health and safety of persons within the territorial limits of the City and specified that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council; and WHEREAS, during the local emergency, the City Manager, acting as the Director of Emergency Services, was delegated the authority to, among other responsibilities, promulgate ordinances, orders or regulations necessary to provide for the protection of life and property; and WHEREAS, during the local emergency, the City Manager, acting as the Director of Emergency Services issued various orders associated with the local emergency declaration; and WHEREAS, the City of Santa Ana's Finance and Management Services Agency submitted to the City Council at regularly scheduled meetings of the City Council quarterly reports of contracts executed by the City Manager; these quarterly reports included contracts entered Resolution No. 2023-XXX Page 1 ity Council 23 — 4 4/18/2023 into by the City Manager, acting as the Director of Emergency Services, as delegated in the local emergency proclamation; and WHEREAS, on May 21, 2021, the California Department of Public Health announced that the State of California will move beyond the Blueprint for a Safer Economy, whereby all sectors listed in the current Blueprint Activities and Business Tiers Chart may return to usual operations, with limited exceptions for mega events that include 5,000 or more attendees for indoor events and 10,000 or more attendees for outdoor events; and WHEREAS, on June 15, 2021, the California Department of Public Health issued an order terminating the Stay -at -Home Order, replacing the Blueprint for a Safer Economy, and reopening the economy; and WHEREAS, on February 28, 2023, Governor Gavin Newsom issued a proclamation terminating the State of California's emergency declaration; and WHEREAS, President Biden has announced that the federal government will lift the national emergency and public health declarations on May 11, 2023; and WHEREAS, pursuant to Section 2-646 of the Santa Ana Municipal Code, the City Council shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant; and WHEREAS, upon termination of the local emergency, any such rules, regulations, orders and directives or suspensions thereof prepared under the proclamation of local emergency shall terminate and have no further force or effect; and WHEREAS, the City Manager, acting as the Director of Emergency Services, recommends that the proclamation of local emergency be terminated due to the fact the circumstances necessitating the declaration of the local emergency no longer exist; and WHEREAS, pursuant to Government Code section 8630, the City Council has reviewed the need for continuing the local emergency and has determined that conditions no longer support continuing the local emergency. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana hereby finds, determines, and declares as follows: Section 1. The above recitals are true and correct and incorporate herein. Section 2. Pursuant to Santa Ana Municipal Code Section 2-646, the City Council declares the termination of the proclamation of local emergency relating to COVID-19. Section 3. The Santa Ana City Council hereby repeals Resolution No. 2020-016. Resolution No. 2023-XXX Page 2of3 City Council 23 — 5 4/18/2023 Section 4. Any such rules, regulations, orders and directives or suspensions thereof prepared under the proclamation of local emergency shall terminate and have no further force or effect. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of April, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: fo"nn�_ N.Q"" Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023. Date: Jennifer L. Hall City Clerk Resolution No. 2023-XXX City of Santa Ana Page 3 of 3 City Council 23 — 6 4/18/2023 City Manager's Office www.santa-ana.org/city-managers-office Item # 24 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Resolution Opposing Assembly Bill 742 AGENDA TITLE Resolution Declaring Opposition to Assembly Bill 742 (Jackson) RECOMMENDED ACTION Adopt a resolution declaring opposition to California Assembly Bill 742. DISCUSSION Introduction On April 11, 2023, Mayor Amezcua requested that staff add the following agenda item to the April 18, 2023 City Council meeting: A Resolution of the City Council of the City of Santa Ana Opposing California Assembly Bill 742 (Jackson). Assembly Bill 742 involves a policy matter that is not specifically addressed within the City's legislative priorities. However, the City Council may wish to consider taking a position on this bill as it would prohibit the use of an unleashed police canine by law enforcement to apprehend a person and any use of a police canine for crowd control. Staff from the City Manager's Office prepared the attached resolution (Exhibit 1) for consideration by the City Council. Summary of Assembly Bill 742 Assembly Bill 742 ("AB 742") would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill. Background and Existing Law Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance of an individual. Existing law requires law enforcement agencies to maintain a policy on the use of force. Existing law also prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards. According to the author's fact sheet, the California City Council 24 — 1 4/18/2023 Resolution Opposing Assembly Bill 742 April 18, 2023 Page 2 Department of Justice Use of Force Data from 2021, injuries caused by police canines accounted for nearly 12 percent of cases that resulted in severe injury or death. The report also shows that 35 percent of those contacted by a canine were armed. The types of incidents with K-9 contact included "calls for service," crimes in progress, pre - planned activities such as serving a warrant, and vehicle/pedestrian stops Status of Legislation AB 742 was heard in the Assembly Public Safety Committee on March 21, 2023 and passed. The bill is currently being referred to the Assembly Appropriations Committee for their consideration. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 24 — 2 4/18/2023 RESOLUTION 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OPPOSING CALIFORNIA ASSEMBLY BILL 742 (JACKSON) WHEREAS, on February 13, 2023, California State Assemblymember Corey Jackson (D-Moreno Valley) introduced Assembly Bill 742 which, if adopted, would prohibit the use of police canines for apprehension and crowd control, as specified in the bill; and WHEREAS, the City of Santa Ana actively opposes Assembly Bill 742 and considers the proposed bill an uninformed and counter -productive attempt to eliminate a lawful, effective, and legitimate non -lethal force option throughout the State of California; and WHEREAS, the City of Santa Ana promotes an acute understanding of the importance of de-escalation techniques and advocates for effective de-escalation tools, including the use and presence of police canines in appropriate situations; and WHEREAS, the City of Santa Ana advocates for and promotes the use of controlled and necessary non -lethal force options versus lethal force options when appropriate; and WHEREAS, the City of Santa Ana understands the incredible value of police canines and the invaluable non -lethal force option police canines provide for police officers in dangerous situations; and WHEREAS, police canines provide an effective de-escalation tool and non -lethal force option for California law enforcement organizations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby opposes Assembly Bill 742 and considers the proposed legislation irresponsible, counter -productive, and unnecessary. Section 2. The City of Santa Ana urges the State Legislature of the State of California to oppose Assembly Bill 742. Section 3. The City Council hereby authorizes the Mayor to sign a letter opposing Assembly Bill 742, and further directs staff to send a copy of this resolution and the letter of opposition to Assemblymember Jackson and other interested parties. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. xx City Council 24 — 3 4/18QQQ 5 of 3 ADOPTED this day of April, 2023. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2023- to be the original Resolution adopted by the City Council of the City of Santa Ana on .2023. Date: City Clerk City of Santa Ana Res Pag,2tyf(5ouncil 24 — 4 4/18/2023