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HomeMy WebLinkAbout FULL PACKET_2009-10-05MINUTES OF THE CLOSED AND REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA SEPTEMBER 21, 2009 CLOSED SESSION MEETING CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM 60 Civic Center Plaza, 4t" Floor 5:40 PM ATTENDANCE COUNCILMEMBERS Present: CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO CLOSED SESSION CALENDAR ABSENT: MIGUEL PULIDO, Mayor MICHELE MARTINEZ, Councilmember SAL TINAJERO, Councilmember STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Jaime Abel Chan-Ramirez and Jose Alberto Cruz-Reyes v. City of Santa Ana, et al, OCSC Case No. 30-2009-00120174 ADJOURNMENT 5:52 P.M. CITY COUNCIL MINUTES 230 SEPTEMBER 21, 2009 10A-1 REGULAR CITY COUNCIL MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:55 P.M. ATTENDANCE COUNCILMEMBERS Present: CLAUDIA ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE VINCENT F. SARMIENTO ABSENT: MIGUEL PULIDO, Mayor MICHELE MARTINEZ, Councilmember SAL TINAJERO, Councilmember STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE COUNCILMEMBER BUSTAMANTE PUBLIC COMMENT ON AGENDA ITEMS • Ezequiel Gutierrez commented on Item 25C. Judy Edge expressed concern with street conditions in and around her neighborhood. City Manager Ream to confirm date of slurry seal on her street. CLOSED SESSION REPORT -None CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25E. MOTION: Bustamante VOTE: AYES: SECOND: Benavides Alvarez, Benavides, Bustamante, Sarmiento (4) CITY COUNCIL MINUTES 231 SEPTEMBER 21, 2009 10A-2 NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES MOTION: Approve Minutes. 10A CLOSED SESSION AND REGULAR MEETING OF SEPTEMBER 8, 2009 ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading 11A ORDINANCE -AMENDMENT APPLICATION NOS. 2008-03 AND 2008- 04 - 542 EAST CENTRAL AVENUE AND 2034 AND 2038 NORTH BUSH STREET -Planning and Building Agency Placed on first reading at the September 8, 2009 City Council meeting and approved by a vote of 7-0. Published titles in the Orange County Reporter on September 11, 2009. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2796 - An ordinance of the City Council of the City of Santa Ana rezoning the property located at 542 East Central Avenue from Community Commercial (C1) to Single Family Residence (R1) and the properties located at 2034 and 2038 North Bush Street from Professional-Height District II (P-HDII) to Two Family Residence (R2) (AA Nos. 2008-03 and 2008-04) BOARDS AND COMMISSIONS 13A APPOINTMENTS MOTION: Reappoint. CITY COUNCIL MINUTES 232 SEPTEMBER 21, 2009 10A-3 Reappoint Christopher M. Leo to the Planning Commission; Lisa Bist to the Community Redevelopment/Housing Commission, and Max Madrid to the Recreation & Parks Board, nominated by Mayor Pro Tem Alvarez as the Ward 5 representatives for full-terms expiring December 11, 2012. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT -None 19B EXCUSED ABSENCES MOTION: Excuse the absence of Mayor Pulido and Council members Martinez and Tinajero from the September 21, 2009 City Council meeting. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Bustamante Alvarez, Benavides, Bustamante, Sarmiento (4) None (0) None (0) Martinez, Tinajero, Pulido (3) BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ACCEPT COUNTY OF ORANGE, FAMILIES AND COMMUNITIES TOGETHER FUNDS -Parks, Recreation & Community Services Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-013 -Recognizing $33,651 in the County of Orange, Families and Communities Together program revenue account and appropriating same to the Families and Communities Together program expenditure account. AGREEMENTS CITY COUNCIL MINUTES 233 SEPTEMBER 21, 2009 10A-4 MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney. (Items 25A through 25E) 25A AGMT NO. 2009-160 - WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PART-TIME CIVIL SERVICE EMPLOYEES -With Service Employees International Union Local 721 (SEIU) -Personnel Services Agency 25B AGMT -INSTALLATION OF A CELLULAR EQUIPMENT BUILDING AND SPORTS LIGHTING MONOPOLE CELL TOWER AT ROSITA PARK - Parks, Recreation, and Community Services Agency Continued from the July 6, 2009 City Council Meeting by a vote of 6-0. (Sarmiento absent) Continued from the September 8, 2009 City Council Meeting by a vote of 7-0. MOTION: Continue the matter to the October 5, 2009 City Council Meeting per staff recommendation. 25C AGMT NO. 2009-161 -COOPERATIVE AGREEMENT TO DEVELOP THE SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) MASTER SITE PLAN AND TO CONDUCT THE SANTA ANA BOULEVARD GRADE SEPARATION STUDY -With Orange County Transportation Authority (OCTA) -Public Works Agency 25D AGMT NO. 2009-162 -CABLE TV CONSULTING SERVICES -With Communications Support Group for cone-year period in an amount not to exceed $85,870 -Parks, Recreation & Community Services Agency 25E AGMT NO. 2009-163 -LANDSCAPE MAINTENANCE SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK -With Vista Del Verde Landscape, Inc. dba Bevill Landscape Management in the amount of $112,720 for cone-year term -Parks, Recreation & Community Services Agency BUSINESS CALENDAR RESOLUTIONS 55A APPROPRIATION ADJUSTMENT AND RESOLUTION TO EXECUTE AGREEMENT WITH COUNTY OF ORANGE FOR GREEN JOB CORPS GRANT -Community Development Agency CITY COUNCIL MINUTES 234 SEPTEMBER 21, 2009 10A-5 MOTION: WSA NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero, Pulido (3) 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10-011 -Recognizing $84,410 in American Recovery & Reinvestment Act youth funds awarded to the City of Santa Ana W/O/R/K Center by County of Orange for the California Green Job Corps. Project. 2. Adopt a resolution. RESOLUTION NO. 2009-051 - A resolution of the City Council of the City of Santa Ana authorizing the City Manager to execute all necessary documents for the Workforce Investment Act Green Job Corps Grant Project with the County of Orange, Orange County Workforce Investment Board MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Benavides, Bustamante, Sarmiento (4) None (0) None (0) Martinez, Tinajero, Pulido (3) WORK STUDY SESSION YOUTH AND FAMILY MASTER PLAN PHASE I -Parks, Recreation & Community Services Agency MOTION: Continue matter for 30 days. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Sarmiento, (4) CITY COUNCIL MINUTES 235 SEPTEMBER 21, 2009 10A-6 CITY MANAGER AND COUNCIL COMMENTS 90A CITY MANAGER'S COMMENTS -The City Manager deferred to Chief Paul Walters, who provided a debriefing of his recent visit to Washington D.C. to accept an award in recognition of the Police Department's support of employees in the military. 90B CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: Commented on several events which took place over the past weekend including the Fiestas Patrias, movie premiere, NAACP event, and parade; noted great diversity throughout the City. Mayor Pro Tem Alvarez: • Announced tonight's Council Meeting would adjourn in memory of Janice Lowry-Gothold, and William Timoti and provided details on their contributions to the City of Santa Ana. ADJOURNMENT - 6:19 P.M. to the next regular meeting of the City Council is scheduled for Monday, October 5, 2009 at 5:30 p.m. for the Closed Session Meeting, immediately followed to the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourned in Memory of Janice Lowry-Gothold William Timoti Maria D. Huizar Clerk of the Council CITY COUNCIL MINUTES 236 SEPTEMBER 21, 2009 10A-7 10A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS ~~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 ~~~ ~~p ? 4 PPS 2~ 1 C~ ~,'i~ ,~~;, (~j :L MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: September 23, 2009 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2009 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION EXPIRATION DATES Chronological Files Staff Memoranda and Correspondence October 1. 2007 and prior Correspondence/ Chronological Files Councilmember Self-explanatory October 1, 2007 and prior Council Requests Mayor Inquiries processed for Mayor October 1, 2007 and prior Wards 1 through 6 Inquiries processed for Councilmembers October 1, 2007 and prior Correspondence General Correspondence Self-explanatory October 1, 2007 and prior Staff Inquiries processed for Staff October 1, 2007 and prior M thl on y Status Reports City Manager Self-explanatory October 1, 2007 and prior P ll R ayro ecords Council/Staff Self-explanatory October 1. 2007 and prior Travel Folders Council/Staff Self-explanatory October 1, 2007 and prior APPROVE CONSENT: r ~ ,~ '~~ David N. Ream Date L oseph W. Fletc r Date City Manager City Attorney -------------------------- RECORDS DESTROYED: AUDITED BY: Volume Weight Mark Lawrence in Cubic Feet in Pounds Date Assistant to the City Manager 19C-3 19C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: APPROPRIATION ADJUSTMENT AND ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT-RECOVERY PROGRAM FUNDS ~/- .~ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing American Recovery and Reinvestment Act Community Development Block Grant-Recovery funds (CDBG- R) in the amount of $1,852,245 awarded to the City of Santa Ana. DISCUSSION The American Recovery and Reinvestment Act of 2009 (Recovery Act) appropriated $1 billion for communities to carry-out the Community Development Block Grant-Recovery program. Under the terms of the funding distribution formula established by the U. S. Department of Housing and Urban Development (HUD), Santa Ana has been allocated $1,852,245. At the City Council meeting on June 1, 2009, the City Council approved the application package describing how the CDBG-R funds will be used. The CDBG-R funds will be allocated for neighborhood street improvement projects within low-moderate income areas and the administration of the grant. On August 25, 2009, HUD signed the City's CDBG-R agreement thereby approving the City's application and allowing the City to allocate the funds and initiate the eligible projects. FISCAL IMPACT The appropriation adjustment will recognize $1,852,245 in the CDBG-R Federal Aid Program revenue account (no. 13518002-52000) and appropriate same to the CDBG-R expenditure accounts (nos. 13518787-various). Funds will be utilized for eligible CDBG-R activities and for City administration charges. 20A-1 AA & Allocation of CDBG-R Funds October 5, 2009 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: n Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN/NTE/FH/kg Francisco Gutierrez r~~- Executive Director ~"°6 Finance & Management Services Agency 20A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 5, 2009 TITLE: CONTRACT RENEWAL FOR INMATE CLOTHING AND SHOES (SPEC. NO. 06-090) _ ~~--~'~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Bob Barker, for the purchase of inmate clothing and shoes for a one-year period in an amount not to exceed $28,015; and an additional $6,000 for an annual blanket contract for a total annual amount not to exceed $34,015. DISCUSSION The City of Santa Ana maintains a 512-bed holding facility, which houses inmates during the arraignment and hearing process. Board of Corrections guidelines mandate that all inmates must be supplied with clean outer garments and footwear. Inmates may use their own undergarments, or purchase them through the commissary. Colored undergarments are provided to inmates who do not have their own undergarments and are unable to purchase them through the commissary. The contract is designed to facilitate daily operations by providing undergarments and shoes on an as needed basis at a significant cost savings based on quantity pricing. On August 21, 2006, the City Council awarded a contract to Bob Barker, formerly Leslee Scott, Inc., for a two-year period, with provision for three one-year renewals. In addition to providing clothing and shoes, Bob Barker also provides laundry bags, linens and miscellaneous supplies for the holding facility. The contract renewal, when combined with anticipated purchases during the current fiscal year, exceeds the $25,000 aggregate limit. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the second renewal option of the contract. 22A-1 Contract Renewal for Inmate Clothing and Shoes October 5, 2009 Page 2 FISCAL IMPACT Funds are available in the Police Detention Services account (no. 01114475- 63001) . APPROVED AS TO FUNDS AND ACCOUNTS: `\\ ~' Pau M. Walters Francisco Gutierrez Chief of Police Executive Director Finance & Mgmt. Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: CONTRACT RENEWAL FOR PAINT AND SUPPLIES (SPEC. NO. 06-125) /~~/~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Vista Paint Corporation for paint and supplies for a one-year period in an annual amount not to exceed $70,000. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides an assortment of interior and exterior paints and supplies such as brushes, rollers, and masking tape to departments throughout the City. The Public Works Agency (PWA) and Parks, Recreation and Community Services (PRCSA) utilize the majority of the paint and supplies purchased. The PWA requires industrial and traffic paints for graffiti abatement, fire hydrants, curbs, crosswalks, and lane markings; the PRCSA requires supplies to maintain various recreation centers and park restrooms. The contract for paint and supplies is designed to provide quality products at significant savings based on quantity pricing. On October 2, 2006, the City Council awarded a contract to Vista Paint Corporation for a one-year period with provision for four, one-year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the third renewal of the contract. Annual amounts are based upon past usage and staff's projection for the next year. 22B-1 Contract Renewal For Paint And Supplies October 5, 2009 Page 2 FISCAL IMPACT Funds are available in the various departmental Operating Miscellaneous Office Expense accounts (no. 63001). \lA \~, \ mil" 1~ 1 ~1 ~ n Francisco Gutierrez Executive Director Finance & Management Services Agency FG/WO/06-125.R3.2: 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: CONTRACT AWARD FOR FIRE PUMPERS (SPEC. NO. 09-048) .z v~~~ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Emergency Vehicle Group, Inc., an Anaheim dealer for Crimson Fire, under the Cooperative Purchase Provision for the purchase of two fire pumpers in the amount not to exceed $900,000. DISCUSSION The Fire Department has adopted a comprehensive and systematic replacement program for Fire Department emergency response vehicles. The program is designed to replace outdated equipment in accordance with National Fire Protection Association (NFPA) Standard 1500. The standard recommends a limit of 15 years for frontline service units, with a reserve status of five years. The standards are part of the requirements for maintaining a recognized Class 1 Fire Department. Due to age, two 1988 pumper trucks meet the schedule for replacement. The delivery time with Emergency Vehicle Groups, Inc. is 11-months. Additionally, the Finance & Management Services Agency's Fleet Division reviews the acquisition in accordance with the City's Hybrid and Alternative Fuel Vehicle Acquisition Policy. Currently, hybrid trucks are not manufactured in the fire pumper category. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. A contract for a Crimson Fire pumper through a local dealer was awarded as a result of open, competitive bidding and meets the City's requirements and qualifies for a contract to Emergency Vehicle Group, Inc. 22C-1 Contract Award for October 5, 2009 Page 2 FISCAL IMPACT Fire Pumpers Funds are available in the Community Development Block Grant (CDBG) account (no. 13518783 66400)and activity (no. 087604). APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~ ~d Marc Martin Fire Chief MEM/KM/09-048 Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 5, 2009 TITLE: CONTRACT AWARD FOR SELF-CONTAINED BREATHING APPARATUS (SPEC. NO. 09-049) ,~ <t :% CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s` Reading ^ Ordinance on 2rd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Allstar Fire Equipment, Inc contained breathing apparatus in the amount of $15,000 for an annual blanket contract, for a exceed $35,000. . for the purchase of self- $20,000; and an additional total annual amount not to DISCUSSION Self-Contained Breathing Apparatus (SCBA) provides fire suppression personnel with proper protection and the ability to operate effectively during emergency situations. Each SCBA unit provides approximately 30 minutes of oxygen to fire personnel during an emergency occurrence. The recommended action allows the Fire Department to purchase an additional 26 SCBA units, increasing their current inventory of 300 units to 326. The added units will supply the Fire Department adequately, having the necessary inventory on hand in the event of an emergency. Allstar Fire Equipment, Inc. provides miscellaneous supplies for the Fire Department. The purchase of self-contained breathing apparatus, when combined with anticipated purchases during the current fiscal year, exceed the $25,000 aggregate limit. In order to facilitate continued purchase of supplies, staff recommends an increase to the aggregate limit. 22D-1 Contract Award for Breathing Apparatus October 5, 2009 Page 2 FISCAL IMPACT Self-Contained Funds in the amount of $20,000 are available in the Fire Department's 2008 Metropolitan Medical Response System Grant account (no. 14615364-63001) and funds in the amount of $15,000 are available in the Fire Department Maintenance Section's account for miscellaneous parts and accessories (no. 01115360-63001). APPROVED AS TO FUNDS AND ACCOUNTS: G'~ Marc E. Martin Fire Chief FIRE/EG/09-049 Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: CONTRACT A1iPARD FOR RESIDENTIAL STREET REPAIR PHASE 9 (PROJECT NO. 1b-6706-C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Elite Bobcat Service, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $2,607,090, for construction of Residential Street Repair Phase 9. 2. Approve a Funding Analysis with a total estimated construction cost of $3,127,300. DISCUSSION This project is part of the City's $100 million investment to rebuild neighborhood streets throughout the city. Segments of local streets south of McFadden and west of Bristol Street have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age and heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross gutters, and wheelchair ramps are also in various states of disrepair and require replacement. The project provides for recycling of existing asphalt pavement with the cold-in-place process and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage and appearance of the neighborhood. The Notice Inviting Bids was advertised on August 19 and 21, 2009, and bids were opened on September 9, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23A-1 Contract Award For Residential Street Repair Phase 9 October 5, 2009 Page 2 Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 8 Bids received: 6 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Elite Bobcat Service, Inc. Corona $2,607,090.00 2. Sequel Contractors, Inc. Santa Fe Springs $2,611,475.00 3. Excel Paving Company Long Beach $2,639,556.00 4. Hardy & Harper, Inc. Santa Ana $2,656,000.00 5. R. J. Noble Company Orange $2,691,307.50 6. All American Asphalt Corona $2,777,258.00 A total of six bids were received and all were responsive. The lowest bid was submitted by Elite Bobcat Service, Inc., for $2,607,090, which is below the Engineer's estimate of $3,000,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2009-148 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $3,127,300 for the project (Exhibit 2). Funds are available in the Public Works Account for Residential Street Repair (accounting unit 05817661-66220). APPROVED AS TO FUNDS AND ACCOUNTS: ~r-(~41CQ~ \1~r a, ~~ George A varez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 23A-2 _ ~J r z o ~ ~ ~jsT = U 9 ~ ¢ ~. ~O,F F,fl ~ GAB f9 PL Q ~'y ST ~ `sT I CUBBON ST ~ Z ~ MONTA VIST A Q ~ ~ ~ ~ J ~ Ul (n F- Z ~ 3 O N Z p Z O ~ 3 ~ o ¢ z ° BROOK ST m J ° .. ° ti MCFADDEN AV ~~ MCFADDEN ~ •^ w > ~ LINGAN LN N a p ~ ADRIN WY ~ N O Z a 2 3 ~ ~ > 3 ~ R SSELL A Q ~ O¢ 0 G 3 N J ° U DnF1L L O ~ H 2 Z A ~ ~N ¢ N c°~ a Z ~ m c~ o T ~ W ~ ~v ~ ~ -1 ylt~-fit > MILSMIRE RV o p p ~ W W L H AV o LA VERNE AV £ ~ LA V NE LA VERNE AV 2 ~ N Q ° ~ ELDER AV a '' ~ w ° A ELDER AV Q W y ~ a a BORCHARD AV ~ BORCHARD AV v=i f a HOOD AV BORCHARD AV a HOOD A Hoop Av ED I NGER AV o oa NTENNI ~ STANFORD ST ~ N 3 °z o cn ,~ POMONA ST a ~ ~ ° z CALIFORNIA ST ~ w Q' ti ~ ° ~ ^ U L v OCCIDENTAL ST z w ~ z OCCIDENTAL ST Y SAINT ANDREW PL c~ o nr---~ ~ ,--~ ,~ J LEGEND ~~ STREET IMPROVEMENTS SANTA ANA C I TY COUNC I L Title P. I,I ~ ^ AGENDA VVu DATE: ~~~ ~a~5 ~R~r OCT 5, 2009 ~-- u ~ V Q O 0 C SA (NT51 CVLII~IT ~ RESIDENTIAL STREET REPAIR -PHASE 9 ROJECT No. 10-6706-C EDINGER AV ~ ~ I ° cn z f- ~ w t- ~ N O ~ r- 3r ~µ ORANC\ O ~ L O < ~ ~ ~ FUNDING ANALYSIS PROJECT NO. 10-6706-C RESIDENTIAL STREET REPAIR - PHASE 9 Construction Contract $2,607,090 Contract Administration $63,601 Inspection and Testing $109,900 Survey Staking $86 000 Contingencies 260,709 $ , TOTAL ESTIMATED CONSTRUCTION COSTS $3,127,300 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR - PHASE 6 {PROJECT N0.09-1754-C) ,.% "' ~. ~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $3,027,105 for construction of Residential Street Repair - Phase 6. 2. Approve a Funding Analysis with a total estimated construction cost of $3,783,800. DISCUSSION This project is part of the City's $100 million investment to rebuild neighborhood streets throughout the city. Segments of local streets north of McFadden Avenue and west of Flower Street have been identified as high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross gutters, and wheelchair ramps are also in various states of disrepair and require replacement. This project provides for recycling of existing asphalt pavement with the cold-in-place process, construction of asphalt concrete, and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the neighborhoods. The Notice Inviting Bids was advertised on August 7 and 10, 2009, and bids were opened on August 27, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23B-1 Contract Award For Residential Street Repair - Phase 6 October 5, 2009 Page 2 Santa Ana Contractors receiving notices: 13 Contractors requesting bidding documents: 9 Bids received: 4 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY 1. Excel Paving Company Long Beach 2. Hardy and Harper, Inc. Santa Ana 3. R. J. Noble Company Orange 4. All American Asphalt Corona BID AMOUNT $3,027,105 $3,116,000 $3,183,866 $3,465,126 A total of four bids were received and all were responsive. The lowest bid was submitted by Excel Paving Company for $3,027,105, which is below the Engineer's estimate of $3,400,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2009-11 will be filed for the project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance to the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $3,783,800 for the project (Exhibit 2). Funds are available in the Public Works Account for Project Restore Fund (accounting unit 05817661- 66220) . AS TO FUNDS AND ACCOUNTS: c George Alva Acting Executive Director Public Works Agency ~Fr ncisco Gut'errez E ecutive Director. Finance & Mgmt. Services Agency 23B-2 LEGEND: ~~ PROPOSED IMPROVEMENTS -~1 a~ ~- ,. _, a ---- ,~ :' 1 '~ ~P a ~~~ I~ j D i i 6~ ~i ~~I ILA II I ~I,~P~ jr ~ i it Iii. ~-~~~~~ 1~~ II I~~~ =~ i ~~' i ~~~ -~~~ -,~ ~~-~ ~~, ~,~~~ SANTA a N a TITLE CONTRACT AWARD FOR CfTY COUNCIL RESIDENTIAL STREET REPAIR -PHASE VI P W A AGENDA DATE: OCTOBER 5. 2009 (PROJECT NO. 09-1754-C) PUBLIC WORKS AGENCY 23B-3 FUNDING ANALYSIS PROJECT NO. 09-1754-C RESIDENTIAL STREET REPAIR - PHASE 6 Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $3,027,105 $78,985 $235,000 $140,000 $302,710 53,783,800 23B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR - PHASES 7 AND 8 (PROJECT NOS.09-1755-C AND 09- 1759-C) .~ ~- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMQER 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices for the base bid in the estimated amount of $3,216,841 for construction of Residential Street Repair - Phases 7 and 8. 2. Approve a Funding Analysis with a total estimated construction cost of $4,021,000. DISCUSSION This project is part of the City's $100 million investment to rebuild neighborhood streets throughout the city. Segments of local streets north of MacArthur Boulevard and east of Bristol Street have been identified as high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs, gutters, sidewalks, cross gutters, and wheelchair ramps are also in various states of disrepair and require replacement. This project provides for recycling of existing asphalt pavement with the cold-in-place recycling process, construction of asphalt concrete, and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the neighborhoods. The Notice Inviting Bids was advertised on August 14 and 17, 2009, and bids were opened on September 3, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23C-1 Contract Award For Residential Street Repair - Phases 7 and 8 October 5, 2009 Page 2 Santa .Ana Contractors receiving notices: 14 Contractors requesting bidding documents: 11 Bids received: 6 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. All American Asphalt Corona $3,216,841 2. Excel Paving Company Long Beach $3,462,092 3. Sequel Contractors Santa Fe Springs $3,469,390 4. Hardy and Harper, Inc. Santa Ana $3,476,000 5. R. J. Noble Company Orange $3,656,726 6. EBS, Inc. Corona $3,852,780 A total of six bids were received and all were responsive. The lowest bid was submitted by All American Asphalt for $3,216,841, which is below the Engineer's estimate of $4,050,000. TsNVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2009-10 and 2009-12 will be filed for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $4,021,000 for the project (Exhibit 2). Funds are available in the Public Works Account for Project Restore Fund (accounting unit 05817661- 66220) . APPROVED AS TO FUNDS AND ACCOUNTS: George Al rez Francisco 1 ~ ~ ~ . J Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 23C-2 LEGEND - PROPOSED IMPROVEMENT ~101~ 8 EXHIBIT 1 SANTA ANA I'I C~ COI~VGL. CONTRACT AWARD FOR P~ AGENDA DATE ~ STREET ~~ OCTO~q ~ 2009 PHA8E3 7 AND 8 P~,~ ~5 ~~Y (PRO,~ECT N108. os-n~-c AND os-n9s-c~ 23C-3 FUNDING ANALYSIS PROJECT NOS. 09-1755-C AND 09-1759-C LOCAL STREET PAVEMENT REHABILITATION PHASES 7 AND 8 Construction Contract $3,216,841 Contract Administration $92,475 Inspection and Testing $240,000 Survey Staking $150,000 Contingencies $321,684 TOTAL ESTIMATED CONSTRUCTION COSTS $4,021,000 Exhibit 2 23C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: AGREEMENT AWARD FOR GRAFFITI REMOVAL SERVICES '~~ - ~% ~ ~~C~Cz.-~ CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to the Clerk of the Council Protective Coatings, Inc, in services for a nine-month renewals. DISCUSSION prepare and to execute the amount of period with a CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER authorize the City Manger and an agreement with Graffiti $524,997 for graffiti removal provision for four one-year The Public Works Agency's Maintenance Division is responsible for citywide graffiti abatement including the City's parks. Graffiti abatement is performed by a combination of City and contract services 365 days a year. Graffiti is typically removed within 24 hours or less, based on requests received from City staff and residents through the City's graffiti hot-line telephone number. The contractor provides enhanced services to the graffiti removal program by providing color matching and upper-level removal services seven days a week including holidays. A Request for Proposals was advertised on August 12 & 14, 2009, and proposals were solicited. A summary of the proposals requested and received is as follows: 11 Requests for Proposals mailed 0 Requests for Proposals mailed to Santa Ana vendors 2 Proposals received 0 Proposals received from Santa Ana vendors On August 26, 2009, two proposals were received. The proposals were evaluated by a City team comprised of representatives from the Public Works Agency, Police Department, and Community Development Agency using 25B-1 Agreement Award for Graffiti Removal October 5, 2009 Page 2 the following criteria: organizational credentials, experience, work plan and pricing. The maximum obtainable score is 750. The ratings for the two respondents are as follows: FIRM LOCATION PRICE PER MONTH RATING Graffiti Protective Coatings, Inc. Los Angeles, CA $58,333 709 Urban Graffiti Enterprises Inc. Azusa, CA $42,500 507 The proposal from Graffiti Protective Coatings, Inc. (GPC) received the highest overall rating, is responsive to the specifications, and meets the City's requirements. The GPC proposal included an extensive work plan and demonstrated the organizational credentials and staff experience necessary for removing graffiti. They are currently providing these services and have consistently demonstrated the ability to provide a high standard of services. Staff performed reference checks on both proposals and was informed by several cities that Urban Graffiti Enterprises Inc. did not perform to their standards, therefore requiring them to not renew their contract. Staff recommends an agreement with GPC for the amount of $524,997 for the nine-month period of October 1, 2009 through June 30, 2010. Graffiti contract services have been an integral part of the citywide graffiti abatement program. The combination of contract and City employees will continue to provide the excellent service that the community has come to know and expect. Without this contract award staffing levels will be insufficient to continue to provide our current level of service. FISCAL IMPACT Funds for the first nine months are available in the fiscal year 2009/2010 Environmental Sanitation Fund (no. 06817642 62300). APPROVED AS TO FUNDS AND ACCOUNTS: George- lvarez Acting xecutive Director Public orks Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 25B-2 GRAFFITI REMOVAL SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 21 S` day of September, 2009 by and between Graffiti Protective Coatings, Inc., a California corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of graffiti removal. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide graffiti removal services, with a staff of five (5) weekday Graffiti Removal Persons and one (1) weekend Graffiti Removal Person, under the direction of City staff, as set forth in Exhibit A, attached hereto and incorporated to this Agreement by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, $58,333 per month, as set forth in Contractor's Fee Schedule, attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $524,997, during the initial nine-month term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2010, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. The contract may be extended on the written agreement of the parties, for up to four (4) additional one-year terms. Any such extension shall be subject to the same terms and conditions contained in this Agreement. Increases may be negotiated and adjusted prior to the commencement of any extended term, to be effective during such extended term. In the event sufficient budgeted funds are not available for a new 25B-3 fiscal period, the City shall notify the provider of such occurrence and contract shall terminate on the last day of current fiscal period without penalty or expense to the City. 4. 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 similaz taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standazd separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 2 25B-4 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; 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. 7. 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. 8. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be property given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Public Works Agency -Maintenance Services City of Santa Ana 220 S. Daisy Avenue 25B-5 Santa Ana, California 92703 telefacsimile (714) 647-3345 Attn: Will Hayes and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Graffiti Protective Coatings, Inc. Carla Lenhoff 419 N. Larchmont Blvd., #264 Los Angeles, California 90004 telefacsimile (323) 464-4472 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Contractors retained by City. 11. TERMINATION This Agreement may be terminated by the City upon sixty (60) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all 4 25B-6 services performed by Contractor through the ternnation date, however, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Contractor shall have no other claim against City by reason of such termination. 12. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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. 14. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code §4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seg. 15. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// /// 25B-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: CONTRACTOR GEORGE ALVAREZ Acting Executive Director of the Public Works Agency (NAME) (Title) Tax ID# 6 25B-8 EXHIBIT A SCOPE OF SERVICES I. CONTRACTOR'S RESPONSIBILITIES - A. Work Assignments 1. Contractor will provide graffiti removal services for all streets, sidewalks, private and public property, parks, bike trials, flood channels, civic center and right-of--ways, located within city limits. 2. The Contractor shall contact the Project Manager and/or his/her designee each weekday, at a mutually agreed upon time, to discuss the Contractor's schedule for the day, pending work orders, areas to be maintained and areas to be inspected for approval. Weekend work orders will be assigned on Friday. 3. The Contractor shall receive work orders from the Project Manager and/or his/her designee via electronic mail or facsimile, or written as agreed upon by the Project Manager and/or his/her designee and the Contractor. 4. Upon receipt of a work order, the Contractor shall inspect the location and determine the method of removal according to the PWA Graffiti Removal Standards, attached hereto as Attachment 1, which will maintain the integrity of the surface. 5. The Contractor shall provide services within twenty-four (24) hours of receiving work orders. In the event that a site cannot be abated within twenty-four (24) hours due to inclement weather, size of the site or any other reason, the Contractor shall notify the Project Manager and/or his/her designee with the status of the site prior to the end of the twenty-four (24) hour timeline. 6. Work maybe assigned as a targeted graffiti route with graffiti removal. As directed by the Project Manager and/or his/her designee, the Contractor shall be assigned to schedule visits to specified sites, neighborhoods or corridors. The Contractor maybe required to work with a site, neighborhood or comdor liaison in addition to the Project Manager and/or his/her designee. 7. The Contractor shall meet with the Project Manager and/or his/her designee one time per week at a mutually agreed upon time to discuss program status and issues. 8. The Project Manager and/or his/her designee or the Police Department may designate sites as needing an emergency response. An emergency work order will be issued immediately. Emergency response sites will have first priority and may require abatement on the same day. 9. The Contractor shall deliver completed work orders to the Project Manager and/or his/her designee via electronic mail, facsimile, mail or in person on, or prior to, the first working day of the week following assignment of the work order. Accommodations for special projects maybe made. 10. Work on private property shall not be performed without the Consent form signed by the owner or authorized by the Project Manager and/or his/ her designee. The Contractor shall obtain the signature of the property owner on the consent form prior to beginning work. Original consent forms shall be returned to the Project Manager and/or his/her designee on a weekly basis and are property of the City. The City will maintain a database of Consent Forms. B. Description of Work 1. The method of removal shall not leave shadows or ghosts and shall not follow the pattern of the graffiti such that letters or shapes remain apparent on the surface after markings have been removed. 2. Unless otherwise approved by the Project Manager and/or his/her designee, graffiti shall be removed so that virtually no trace of the pre-existing graffiti remains. 3. The Contractor shall protect the surfaces adjacent to the area to be abated. 7 25B-9 4. The Contractor shall abate the entire surface in the event that the graffiti covers a significant area of the surface. The Project Manager and/or his/her designee shall determine whether or not an entire surface will be abated on a case by case basis. 5. In the event that the Contractor arrives on site to find the graffiti has been abated, the Contractor shall notify the Froject Manager and/or his/her designee and submit photos of the location within 24 hours. 6. The Contractor shall ensure protection of the work area at all times including, but not limited to: a. Barricading the area of work at distances so as not to allow persons who are not involved with the abatement into the area. b. Barricading area work performed within the public right-of--way. c. Using warning signs and sidewalk and street cones to inform the public of work being conducted as stipulated in watch handbook. d. Immediately correcting damage to the work site. e. Leaving work in undamaged condition. f. Providing signs to protect the finishes and the public. 7. The Contractor shall remove all equipment and materials from each site and leave the site broom clean at the completion of each removal location. S. The Contractor shall dispose of all materials containers and excess materials in accordance with all applicable laws, regulations, ordinances, codes and any other legislative or statuary requirements. Material rinse residue shall be collected and disposed of appropriately. C. Photographic Documentation of Work 1. Photographs shall document the size, type of surface, hotline or no hotline, private or public property, paint or water blast of the area of graffiti to be abated. Photographs shall also document the address of the location of the graffiti. Equipment to take photographs will be provided by the City. D. Personnel 1. Contractor shall designate one specific individual to oversee and inspect work performed by Contractor's personnel assigned to this contract. The representative shall be immediately available during work activities to receive communications from the Project Manager and/or his/her designee. Such representative shall have a cell phone to in order to be contacted by the Project Manager and/or his/her designated staff. 2. Contractor shall make the designated representative available to accompany the City representative to inspect sites and/or work upon twenty-four (24) hours notice. 3. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive or disorderly employee, whether supervisory or non-supervisory. 4. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 5. Any person assigned to this contract found to be in possession of and/ or under the influence of intoxicants or narcotics shall be removed from assignment to this contract. This person maybe subject to arrest and criminal prosecution. 6. Personnel employed by the Contractor shall be screened and are not to perform services under the contract without prior approval from the Contract Representative. All employees performing services must undergo a criminal background investigation prior to service under this contract. 8 25B-10 E. Equipment 1. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification on the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, supplies and equipment necessary to perform services. F. Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. G. Use of Products 1. The Contractor shall be in possession of a copy of the MSDS for each product used in the performance of work at all times. 2. Contractor shall ensure that all employees have immediate access to the Material Safety Data Sheet's (MSDS) for each product used in the performance of this contract. 3. All products used by the Contractor shall be manufactured products specifically intended for purpose for which they are being used. Contractor shall not devise any products of his/ her own making for use under this contract. The use of all products shall be in strict conformance with the manufacturer's specifications. 4. Contractor shall be in compliance with all provisions of the Federal Hazard Communication Act. H. Protection of the Public and Damages to existing Structures 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/ or repair changes resulting from the Contractor's actions and responsibility of the Contractor. 2. The Contractor shall not permit placing or use of equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate warning devices according to the watch handbook. 3. The Contractor shall avoid damage to existing structures. In the event that structure is damaged in the course of the work, the Contractor shall be solely responsible for its repair or replacement. I. Invoices 1. All invoices for work performed under this contract shall be submitted electronically in an Exce12003 format approved by the Project Manager and/or his/her designee. 2. The Invoice shall include the following: a. Contract number b. Contractor's invoice number c. Abatement site address d. Work order number e. Beginning and ending dates for services 9 25B-11 f. Square footage removed for each method of removal g. Total square footage removed h. Unit cost, subtotals and total for invoice II. SPECIFICATIONS- Painting 1. The Contractor shall professionally match existing paint using an approved paint palette. 2. The Contractor shall not paint previously unpainted surfaces and finishes such as slump stone, split face masonry, stone, brick or concrete block unless painting is specifically requested by the property owner or Project Manager and/or his/her designee. These specific requests shall be noted on the work order for the site. III. SPECIFICATIONS- Media Blasting and Chemical Removal 1. All chemical graffiti removal products shall be biodegradable and environmentally safe. 2. The Contractor shall perform all abrasive removal techniques so that the abatement azea is blended into the adjacent surface. 3. Should one location require more than one removal technique and the total square footage of the abatement does not exceed one hundred fifty (150) feet, the City shall not be charged the minimum charge for both techniques. The Contractor may charge the average of the minimum charges for the techniques used. IV. WORHING HOURS Working hours shall be no earlier than 6:00 a.m. to no later than 5:00 p.m. weekdays. On Saturdays, Sundays and holidays, the Contractor shall respond to all graffiti telephone hotline requests received by 12 noon. Contractor shall respond to graffiti removal request received between 12 noon on Saturday and 12 noon on Sundays by 5:00 p.m. that same Sunday. If the Contractor cannot respond to a request made after 12 noon on a Sunday or holiday, Contractor will inform City on the following workday and abatement responsibility will be assigned by City. V. Work by the City Staff Because of Nonconformance to Contract Should the Contractor fail to correct deficiencies or public nuisances that have been created because of his operation, the City will proceed to take corrective measures and this project will be considered as an emergency. Such work will be done on a staff account basis with an additional callout charge of $75 for each callout. It should be noted that there is a minimum of a two-hour charge for labor on any callout. Contractor shall provide experienced and knowledgeable professional staff. Contractor's Project Manager and staff shall be responsive and maintain excellent working relationships with city residents, property owners, government officials and City staff. The Contractor shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Contractor will be required to carry a State of California Painting Contractor's License and a City of Santa Ana Business License and shall be knowledgeable and very familiar with federal, state and local regulations. Contractor services will include but not limited to attendance at City Commission, City Council and neighborhood meetings as determined by staff. Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such subcontractor. The City reserves the right to reject, replace and approve any and all subcontractors. 10 25B-12 EXHIBIT B FEE 8CHEDULE Fee must be inclusive of aU posts, including but not krni0ed to. Bred nerd indirect poets Oor labor, overhead, materiels, printing. travel and mileage, etc. 1 t_adr -Paint and Wabr blast Combo • GraflNi Removal Person 40 hours aweek -Monday through Friday Approramately 2,500 to 3.000 strops per month Appro~dmately 50.000 ~ 60,000 eq. R renaved per morNfr s l ~o per rrl0rnfl X 9 motrilts a~ 5 A, aoa 1 Each -Paint and Water blast Combo - Gratitd Removal Parser 8 hours slay -Saturday, Sunday and Holidays Approadnwlely 1,200 to 1,400 stops per month Approximately 24,000 to 28,000 sq. ft. removed per month sQ, 3 3 3 pet month x 9 months = $ 74 ~ 4Y7 TOTAI. AMOUNT OF PROPOSAL s: J~y~Y17 City neaerves the right to increase the number of graffiti r~emo~val people at no additional inrx+eaee in the unit bid price. ~s 11 25B-13 25B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE AMENDMENT TO AGREEMENT FOR TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES ~ti s~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the consultant agreement with PDS Technical Services for temporary engineering and technical support services in the amount of $150,000 for a total agreement amount not to exceed $450,000 subject to non-substantive changes approved by the City Manager and City Attorney. DlscUSSION In November 2008 the City Council approved an amendment to the agreement with PDS Technical Services for temporary engineering services. These services will augment services provided by City staff and are required to complete the design of the City's Capital Improvement projects due to funding deadlines. PDS has been providing temporary staffing for several key positions in the Public Works Agency. Staff recommends approval of an additional $150,000 to assist staff with the completion of projects funded in the Capital Improvement Program. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25C-1 Amendment to Agreement For Temporary Engineering and Technical Support Services October 5, 2009 Page 2 FISCAL IMPACT The proposed amendment will have a limit of $150,000 for a total amount of $450,000. Funds to pay for the Design Engineering services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ (~j George Alv rez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25C-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on October 5, 2009, by and between PDS Technical Services, 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 that certain Agreement A-2005-266, dated November 7, 2005, (hereinafter "said Agreement") by which Consultant has provided on-call technical and engineering labor services. B. In accordance with the terms and conditions of said Agreement, the parties wish to continue providing services pursuant to said Agreement and to provide additional compensation to pay for the services provided. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: Section 2, COMPENSATION, shall be amended to provide an additional $150,000 for additional services to be provided at the rates and charges set forth in Exhibit A to said Agreement. The total amount to be expended pursuant to said Agreement shall not to exceed $450,000.00. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney PDS TECHNICAL SERVICES DJ ENGLERT Branch Manager 25C-3 25C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES ~' i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1" Reading ^ Ordinance on 2r~ Reading ^ Implementing Resolution ^ Set Public, HE=arinc~ F;~r CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with the Municipal Water District of Orange County, subject to non-substantive changes approved by the City Manager and City Attorney to provide water-related educational services to Santa Ana schools for a one-year term with the option to extend for a second one- year term in an amount not to exceed $30,000 per year. DISCUSSION The City has been offering a water education program to Santa Ana schools since 1996. This program has been developed and made available to grades kindergarten through high school through a contract with the Municipal Water District of Orange County. The program consists of visits to the schools to give presentations, complete with visual aids and handouts. The program has been recognized for excellence, well received by the schools in Santa Ana, and is a recognized component on the list of best management practices for insuring acceptable levels of water conservation. In order to continue to provide this excellent program to all schools, staff recommends that $30,000 per year be approved for a two-year period for funding of this program, ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25D-1 Agreement to Provide Educational Services to Santa Ana Schools On Water-Related Issues October 5, 2009 Page 2 FISCAL IMPACT Funds for the present fiscal year in the amount of $30,000 are available in the Water Quality and Measurement Fund (account no. 6017644-62140). Funds for the second year of the program will be budgeted in the 2010-2011 proposed budget. APPROVED AS TO FUNDS AND ACCOUNTS: George Alv ez Acting Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25D-2 AGREEMENT TO PROVIDE EDUCATIONAL SERVICES TO SANTA ANA SCHOOLS ON WATER-RELATED ISSUES THIS AGREEMENT, made and entered into this day of 2009, by and between the CITY OF SANTA ANA, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, hereinafter referred to as "MWDOC". WHEREAS, the CITY desires to obtain, and MWDOC desires to provide, educational services to Santa Ana schools on subjects related to water, NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. SERVICES TO BE PROVIDED BY MWDOC A. MWDOC shall give notification of its offer of water education services to all schools serving grades one (1) through five (5), both public and private, within the city limits of Santa Ana, at least one time per year. B. Educational services offered by MWDOC shall include, but shall not be limited to teacher training, classroom and assembly presentations, science fair exhibits, films and slide shows, student workbooks, and teachers' guides. C. Educational programs provided by MWDOC shall include, but shall not be limited to, the current and future supply situation for the region and for the Santa Ana area, water distribution and treatment within Orange County and Santa Ana, water conservation, new technologies and information supplied by the CITY about its water utility. D. MWDOC shall supply trained education specialists through Discovery Science Center to plan, organize, and conduct water education programs. E. MWDOC shall supply classroom materials, e.g., workbooks, slides, and films. F. MWDOC shall provide the CITY with monthly reports specifying which schools were visited, what activities were done, and the number of students participating in the program. 25D-3 2. SERVICES TO BE PROVIDED BY THE CITY A. The CITY may provide supplemental information from its water utility for distribution to teachers and students. B. The CITY may provide tours of Santa Ana water utility facilities in coordination with MWDOC's program on request. 3. COMPENSATION TO MWDOC A. The CITY agrees to pay, and MWDOC agrees to accept as total compensation for services and materials rendered pursuant to this Agreement, the rate of $4.10 per student participating in the educational services program in the 2009-10 school year. This charge is subject to change for subsequent school years. A revised per-student charge for the 2010-11 school year shall be provided to the CITY at least ninety (90) days before the end of the term specified in this Agreement. B. Full and complete payment for all services provided in accordance with this Agreement shall not exceed $30,000 per year. C. MWDOC shall invoice the CITY semi-annually in January and June, and the CITY will pay the full amount due on an undisputed invoice within thirty (30) days of receipt of the invoice. 4. TERM A. This Agreement shall become effective on July 1, 2009 and shall continue for a period of one year. The parties may mutually agree, in writing, to renew this agreement for an additional one-year term. B. The CITY or MWDOC may terminate this Agreement upon giving thirty (30) days written notice, as provided in Section 9 of this Agreement, to the other party. C. In the event of termination, the CITY shall pay MWDOC for all services performed in accordance with this Agreement up to and including the date of termination. D. In the event of termination, MWDOC agrees to deliver to the CITY all reports called for in Section 1 (F) of this Agreement within thirty (30) days. 25D-4 5. INSURANCE -INDEPENDENT CONTRACTOR A. The performance of MWDOC's services hereunder shall be in the capacity of an independent contractor and not as an officer, agent, or employee of the CITY. B. Any and all of MWDOC's personnel shall be employees, agent, or subcontractors of MWDOC and not employees of the CITY, nor shall the employees, agents, or subcontractors of the CITY be deemed employees or agents of MWDOC. C. Neither the CITY nor MWDOC shall have authority, express or implied, to perform any act or make any promises, representation, or commitment which would be binding upon the other. D. MWDOC shall provide Workers' Compensation insurance for its employees as required by California statutes. E. MWDOC shall provide the CITY, upon request, certificates of insurance for Workers' Compensation and general liability covering its performance pursuant to this Agreement. F. MWDOC shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital statute, nationality, origin, ancestry, physical handicap, or medical condition. 6. INDEMNITY Each of the parties agrees to indemnify, defend, and hold harmless the other party, its officers, agents, employees, representatives, and volunteers from damage to property and for injury to or death of any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with the provision of MWDOC's services under this Agreement, resulting from the willful or negligent acts or omissions of the indemnifying party's officers, agents, employees, representatives andlor volunteers. 7. ENTIRE AGREEMENT This writing constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto. 8. COMPLIANCE WITH LAWS All services performed by MWDOC pursuant to this Agreement shall comply with all Federal, State and local laws and regulations, including those of the CITY OF SANTA ANA. 25D-5 9. NOTICE All notices pursuant to this Agreement shall be given in writing by personal delivery or sent by U.S. mail, postage prepaid, and addressed to the parties as follows: Executive Director -Public Works Agency City of Santa Ana 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Mr. Kevin P. Hunt, General Manager Municipal Water District of Orange County 18700 Ward Street Fountain Valley, CA 92708 Notices personally delivered shall be deemed communicated on delivery. Mail notices shall be deemed communicated 48 hours after deposit in the U.S. mail, postage prepaid and addressed to the indicated above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date hereinafter respectfully set forth. CITY OF SANTA ANA, a Municipal Corporation of the State of California MUNICIPAL WATER DISTRICT OF ORANGE COUNTY David N. Ream City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kevin P. Hunt General Manager APPROVED AS TO FORM: Dan Payne Legal Counsel RECOMMENDED FOR APPROVAL: George Alvarez, Acting Executive Director Public Works Agency 25D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: October 5, 2009 TITLE: AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF SANTA ANA FOR THE INSTALLATION OF MISCELLANEOUS FACILITIES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2" d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached two-year reimbursement agreement with the Irvine Ranch Water District for the installation of miscellaneous facilities of less than $100,000 per Project. DISCUSSION The City periodically undertakes street improvement projects, a number of which involve concurrent construction, modification or relocation of water, sewer and/or reclaimed water facilities owned, operated, and maintained by the Irvine Ranch Water District (IRWD). Rather than having IRWD to carry out a separate design, construction, modification or relocation of their facilities within the limits of City project, it would be more efficient for the City to carry out the design and contract of the necessary work. Staff recommends the approval of a master reimbursement agreement with IRWD. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed agreement will have a limit of $100,000 per project. Funds to pay for the Design and construction services will be charged and reimbursed by IRWD. .s'~ ~~Z~' o`'~' George Alv rez Acting Executive Director Public Works Agency 25E-1 25E-2 TWO-YEAR REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF SANTA ANA FOR THE INSTALLATION OF MISCELLANEOUS FACILITIES (2009, 2010) This Agreement is made and entered as of this day of , 2009, by and between IRVINE RANCH WATER DISTRICT, a California Water District formed and existing pursuant to California Water District Law, hereinafter referred to as "IRWD," and the CITY OF SANTA ANA, a municipal corporation, hereinafter referred to as "CITY." WITNESSETH WHEREAS, City periodically undertakes street improvement projects, a number of which involve concurrent construction, modification or relocation of water, sewer and/or reclaimed water facilities of IRWD in the vicinity of the respective projects; and WHEREAS, the parties have determined that for certain projects, to be mutually designated by CITY and IRWD staff (each, a "Project" and collectively, the "Projects"), it would be more efficient for CITY, rather than IRWD, to carry out the design, construction, modification or relocation of the affected water, sewer and/or reclaimed water facilities of IRWD ("IRWD FACILITIES") due to the particular alignment and construction scheduling of IRWD FACILITIES; and WHEREAS, the parties desire to enter into a master reimbursement agreement covering all Projects initiated during the term of such master agreement that involve an estimated IRWD FACILITIES construction cost of less than $100,000 per Project; and WHEREAS, IRWD is amenable to the construction of IRWD FACILITIES by CITY at CITY's cost, which cost is to be reimbursed to CITY by IRWD as provided herein; and WHEREAS, all IRWD FACILITIES shall be the property of IRWD in accordance with the terms and conditions hereinafter set forth; Revised 12/22/04 25E13 NOW, THEREFORE, the parties hereto, in consideration of the mutual promises and covenants hereinafter set forth, DO AGREE AS FOLLOWS: A. SELECTION OF PROJECTS SECTION 1. CITY and IRWD shall, by consultation between their respective staffs on an as-needed basis, review all proposed CITY street improvement projects to identify each project which involves the design, construction, modification and/or relocation of IRWD FACILITIES having an estimated construction cost of under $100,000 and which the staffs concur would be more efficiently accomplished by the CITY than IRWD. The parties agree to identify all such projects in good faith, but the identification of any project shall be subject to mutual approval. IRWD shall prepare the cost estimates for this purpose. For each project so identified and the related IRWD FACILITIES, an Addendum in the form of Exhibit "A", attached hereto and incorporated herein by this reference, shall be executed by authorized representatives of CITY and IRWD, and, upon execution, shall be deemed incorporated in this Agreement. Each project for which an Addendum is executed shall be deemed a "Project" as used herein. SECTION 2. A Project may be identified at any time so long as the related Addendum is executed prior to the expiration of the term of this Agreement. SECTION 3. A Project and the related IRWD FACILITIES shall continue to be governed by the terms of this Agreement notwithstanding that actual total costs of items set forth in Section 11 exceed $100,000 for the Project. SECTION 4. Any CITY street improvement project which involves the construction, modification and/or relocation of the IRWD FACILITIES with an estimated construction cost over $100,000 and for which the parties desire to have the IRWD FACILITIES constructed on a reimbursement basis shall be governed by a separate agreement. SECTION 5. This Agreement shall not alter any other obligations which may exist between the parties relating to the allocation of costs for particular IRWD FACILITIES, such as easement rights. Costs which are the obligation of CITY or any party other than IRWD shall not be considered within the estimates of costs for purposes of identifying Projects under Section 1. Revised 12/22/04 25E?4 B. CONSTRUCTION AND REIMBURSEMENT SECTION 6. The provisions of Part B shall apply separately to each individual Project included within this Agreement. SECTION 7. CITY agrees to initiate and pursue to completion with its construction of the Project, the construction of the IRWD FACILITIES as shown on plans and specifications incorporated by reference in the Addendum for the subject Project, and IRWD agrees to cooperate with CITY with respect to the construction and schedules for completion of IRWD FACILITIES. SECTION 8. CITY agrees that IRWD FACILITIES shall be completed pursuant to IRWD-approved plans and specifications (the "Plans and Specifications") which shall be supplied by IRWD. SECTION 9. The parties agree that the construction of IRWD FACILITIES shall be included in CITY's proposed Project plans, and that IRWD FACILITIES shall be bid as an alternate bid item that can be deleted and will not be considered in the base bid and contract award. Upon opening of bids by CITY, CITY will submit a copy of the original bid proposals received for the IRWD FACILITIES to IRWD for review and approval. CITY agrees that the alternate bid prices received shall be subject to the approval of IRWD prior to proceeding with the construction of the IRWD alternate bid item work for the proposed project, and further agrees that in the event IRWD does not approve the prices proposed for such alternate bid item(s), the Addendum may be terminated by either party. IRWD shall have a period of fifteen (15) calendar days for review of the alternate bid prices presented in the low bidder's proposal for the IRWD FACILITIES, and for approval or rejection of the alternate bid prices. The total estimated construction cost for IRWD FACILITIES is as set forth in the Addendum provided, however, that the amount to be reimbursed by IRWD shall be based on the actual construction costs (as set forth in Section 11). Upon transmitting the Notice to Proceed to the Contractor, CITY shall provide IRWD with one (1) original copy of the fully executed contract documents and one (1) copy of each of the bid forms. SECTION 10. CITY shall promptly furnish IRWD with copies of any proposed change orders to Project contract(s) within five (5) working days of being notified of changed conditions to the contract. Change orders shall be subject to IRWD approval if and to the extent any of the IRWD FACILITIES are affected thereby. IRWD shall have a maximum often (10) working days to review and respond to any such change order. Revised 12/22/04 25E35 CITY agrees that if any revision during design or construction is requested by CITY to the Plans and Specifications and not approved by IRWD as a change order, and would increase the cost thereof, such increased costs shall be borne by CITY, and shall not be reimbursed by IRWD, except for such revision(s) and cost(s) as are determined necessary to construct the IRWD FACILITIES in accordance with the Plans and Specifications and could not reasonably have been foreseen at the time bids were received. The cost of any revisions requested by IRWD shall be reimbursed by IRWD as provided herein. SECTION 11. Within thirty (30) days following receipt from CITY of each invoice for the portion of a design or construction progress payment attributable to IRWD FACILITIES, together with supporting documentation, IRWD shall deposit with CITY the amount of such invoice. CITY shall maintain separate accounts for all amounts expended by CITY in relation to the IRWD FACILITIES. IRWD agrees to accept the IRWD FACILITIES when the Project, which includes the IRWD FACILITIES, has been completed, including any change orders approved by IRWD as provided in Section 10 hereof and accepted by CITY. Within sixty (60) days of CITY's final acceptance of the Project, a final accounting (the "Final Accounting") of the actual costs of all items associated with surveying, compaction testing, permits, construction, administration, accounting, reproductions, and legal costs attributable to the IRWD FACILITIES ("Costs") shall be made by CITY and submitted to IRWD, accompanied by receipts and other supporting documentation. IRWD agrees to pay to CITY, within thirty (30) days of receipt of the Final Accounting, the total amount of the Costs, less the amount previously paid by IRWD pursuant to progress payment invoices. If the amount previously paid by IRWD pursuant to progress payment invoices exceeds the Costs as determined in the Final Accounting, CITY shall refund the difference to IRWD within thirty (30) days following preparation of the Final Accounting. SECTION 12. IRWD shall have sole and absolute discretion as to all aspects of design and construction of the IRWD FACILITIES, and IRWD shall be entitled to inspect the construction of IRWD FACILITIES as it deems necessary to assure compliance with the Plans and Specifications, including shop drawing review and/or material inspection thereof. IRWD will promptly notify CITY of any portion of the work on IRWD FACILITIES which appears not to conform to the Plans and Specifications. The determination of IRWD as to conformity of IRWD FACILITIES with the Plans and Specifications shall be made in IRWD's sole and absolute discretion. IRWD agrees not to unreasonably withhold its approval as to such conformity. CITY shall require its contractor to construct the IRWD FACILITIES so that the IRWD FACILITIES conform to the Plans and Specifications. CITY agrees to assume full Revised 12/22/04 -4- 25E-6 responsibility for certifying or obtaining certification of the compaction of backfill material over the IRWD FACILITIES. SECTION 13. At the time of completion and acceptance of the IRWD FACILITIES, CITY agrees to furnish IRWD with "as-built" drawings and one (1) copy each of the compaction reports, certificate and cut sheets, as requested by IRWD. SECTION 14. It is mutually agreed between the parties hereto that notwithstanding the fact that CITY shall accomplish the design or construction of the IRWD FACILITIES subject to reimbursement, IRWD FACILITIES to be completed hereunder, rights-of--way, and other privileges, shall at all times be subject to the applicable rates, rules and regulations of IRWD, as modified or amended from time to time. CITY hereby disclaims any interest in IRWD FACILITIES and by acceptance of the Project which includes the IRWD FACILITIES, transfers and assigns to IRWD any and all right, title, and interest it may have in the IRWD FACILITIES. IRWD shall own, operate and maintain the IRWD FACILITIES following acceptance thereof. SECTION 15. CITY agrees to cause its contractor for the IRWD FACILITIES to guarantee the IRWD FACILITIES against defects in workmanship and materials for a period of one (1) year from the date of acceptance by IRWD. It is further agreed that CITY shall assume the responsibility for causing the IRWD FACILITIES to be brought or restored to full compliance with the requirements of the Plans and Specifications, including any test requirements, for any portion of the IRWD FACILITIES which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. This guarantee is in addition to any and all other warranties, expressed or implied, from CITY contractors or material manufacturers with respect to the IRWD FACILITIES. The guarantee and obligations under this section shall in no way be relieved by IRWD inspection and/or approval of the IRWD FACILITIES. This section sets forth the entire agreement of CITY with respect to guarantees and warranties of the IRWD FACILITIES, but this section shall in no way limit any expressed or implied warranties of other persons with respect to the IRWD FACILITIES. SECTION 16. CITY shall indemnify, defend and hold IRWD, its officers, agents and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of the IRWD FACILITIES and prior to acceptance by IRWD, as a result of any work or action performed by CITY or on behalf of CITY, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately Revised 12/22/04 25E 57 caused in whole or in part by any negligence or willful misconduct of IRWD, its officers, agents or employees or by any act or omission for which IRWD, its officers, agents or employees are liable without fault. IRWD shall indemnify, defend and hold CITY, its officers, agents, and employees, harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen either (i) as a result of any act performed by IRWD, its officers, agents, or employees, with respect to the construction of the IRWD FACILITIES, or (ii) following IRWD acceptance of the IRWD FACILITIES, with respect to maintenance and operation of the IRWD FACILITIES, save and except to the extent such death, injury, loss, damage or expense is determined by a court of competent jurisdiction to have been proximately caused in whole or in part by any negligence or willful misconduct of CITY, its officers, agents or employees, or by any act or omission for which CITY, its officers, agents or employees are liable without fault. SECTION 17. CITY shall cause its contractors for the construction of IRWD FACILITIES to obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement and to include IRWD as an additional insured on all insurance policies that CITY requires its contractors to provide. As evidence of such insurance coverage, CITY shall, prior to commencement of construction of the IRWD FACILITIES, provide IRWD with certificates of insurance and insurance endorsements in forms that are acceptable to IRWD. SECTION 18. Either party shall have the right, upon written notice to the other which shall become effective five (5) days after receipt pursuant to Section 19, to terminate any Addendum and thereby delete the respective Project from this Agreement at any time, subject to the provisions of this section. If at the request or direction of a party other than CITY, including IRWD, the IRWD FACILITIES construction is not accomplished or completed, IRWD shall remain obligated for the actual amount of any Costs incurred by CITY for the items set forth in Section 11 above to the date of termination or incurred after the date of termination for work necessary to close or leave the IRWD FACILITIES-related work in a safe condition. C. MISCELLANEOUS SECTION 19. Any notice or other written instrument required or permitted by this Agreement to be given to either party shall be deemed received when personally served or twenty-four (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: Revised 12/22/04 25E68 IRWD: Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92618-3102 Attn: General Manager CITY: City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Attn: Director of Public Works SECTION 20. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of CITY and IRWD. This Agreement constitutes the entire Agreement between CITY and IRWD and supersedes all prior understandings and Agreements between the parties with respect to the subject hereof. This Agreement may be modified only in writing, signed by both parties hereto. SECTION 21. In the event of any declaratory or other legal or equitable action instituted between CITY and IRWD in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys' fees. SECTION 22. Any approval required to be given by either party pursuant to this Agreement, shall be deemed given if no response to the party's request for such approval is received by the requesting party within fifteen (15) days following the request for such approval. SECTION 23. The term of this Agreement shall expire December 31, 2010. SECTION 24. The provisions of Parts B and C of this Agreement shall survive the expiration of the term hereof with respect to any Project, until the completion of construction and reimbursement of the Costs of the related IRWD FACILITIES. The provisions of Sections 15 and 16 shall survive the expiration or termination of this Agreement or any Addendum. SECTION 25. The persons executing this Agreement on behalf of each party warrant that he/she is duly authorized to execute and deliver this Agreement on behalf of the respective party for whom he/she signs, and that by so executing this Agreement, each party is bound by the provisions of this Agreement. Revised 12/22/04 25E-~ SECTION 26. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. SECTION 27. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Revised 12/22/04 25E-~0 IN WITNESS WHEREOF, the parties to the Agreement have executed this Agreement on the date hereinabove written. IRVINE RANCH WATER DISTRICT By General Manager Dated ATTEST: By Dated Secretary/Assistant Secretary APPROVED AS TO FORM: By Legal Counsel, Irvine Ranch Water District Dated CITY OF SANTA ANA By David N. Ream, City Manager Dated ATTEST: By Maria D. Huizar, Clerk of the Council APPROVED AS TO FORM: By Dated City Attorney Revised 12/22/04 25E-11 EXHIBIT A [Form of Addendum] ADDENDUM NO. 2008-2009- TO TWO-YEAR REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF IRVINE FOR THE INSTALLATION OF MISCELLANEOUS FACILITIES (2009, 2010) By execution of this Addendum, the parties agree that the following Project has been identified pursuant to Section 1 of the agreement dated , 2008, entitled "TWO- YEAR REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF SANTA ANA FOR THE INSTALLATION OF MISCELLANEOUS FACILITIES (2009, 2010)" (the "Agreement") and that such Project and the below-specified IRWD FACILITIES shall be covered by the Agreement. Project: (depicted on Exhibit "1" attached and incorporated in this Addendum) IRWD FACILITIES (type, diameter, approximate linear feet, PR Nos., etc.): (depicted on the plans and specifications incorporated by reference in this Addendum) Estimated cost of IRWD FACILITIES: $ IN WITNESS WHEREOF, the parties to the Agreement have executed this Addendum. IRVINE RANCH WATER DISTRICT gy Dated General Manager CITY OF SANTA ANA By Dated Project Manager Revised 12/22/04 25E='~`~ REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: FIRST AMENDMENT TO AGREEMENT WITH JOHNSON FRANK AND ASSOCIATES FOR ON-CALL AERIAL MAPPING AND SURVEYING SERVICES ~ ~ ___.~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"`' Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a first amendment to the agreement with Johnson-Frank and Associates to prepare aerial mapping and surveying services in the amount of $200,000 for a total agreement not to exceed $500,000. DISCUSSION On May 5, 2008, the City Council awarded a contract to Johnson-Frank and Associates for digital mapping by photogrammetric methods as well as surveying services. The City received grants from federal and State agencies for the arterial and residential street improvements for fiscal year 08/09. As part of the street improvements, aerial mapping and survey is required to identify existing topography and general drainage patterns. The final aerial map serves as a base to the start of engineering design. As the City moves forward with new projects funded in the Capital Improvement Program for fiscal year 09/10, the consultant agreement for digital mapping and surveying services must be amended to maintain continuity and efficiency, and to meet the project schedule. Staff recommends approval of an additional $200,000 in order to complete the projects funded in the Capital Improvement Program. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F-1 First Amendment To Agreement With Johnson and Frank For Survey Services October 5, 2009 Page 2 FISCAL IMPACT The proposed contract will have a limit of $200,000 for a total amount of $500,000. Funds to pay for the aerial mapping and surveying services will be charged to the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~ ~~ George Alvarez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25F-2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on October 5, 2009, by and between Johnson-Frank and Associates, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS A. The parties entered into Consultant Agreement A-2008-086, dated May 5, 2008, (hereinafter "said Agreement") by which Consultant has provided aerial mapping and digital surveying services. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase compensation to pay for additional mapping and surveying services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000 for a total not to exceed amount of $500,000.00. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager JOHNSON FRANK AND ASSOCIATES, INC. ALAN D. FRANK, PLS Vice President 25F-3 25F-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: AMENDMENT TO AGREEMENT WITH TELVENT FARRADYNE INC. TO PROVIDE ON-CALL SERVICES AND TRANSPORTATIOtQ INFORMPaTiDN SYSTEM FOR TH8 CITY'S TRAFFIC SIGNAL SYSTEM RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Telvent Farradyne, Inc. in an amount not to exceed $173,940 subject to non-substantive changes approved by the City Manager and City Attorney to provide annual system maintenance and on- call support services, and development of Transportation Information System software for the City's traffic signal system. DISCUSSION In August 2003, The City Council awarded an agreement with Telvent Farradyne, Inc. to implement a new traffic signal system called Management Information System for Traffic (MIST). MIST is a centralized traffic signal system that conforms to national standards, works with the latest traffic signal controllers, and allows the City to interface with adjacent agencies to provide traffic signal coordination across jurisdictions. MIST was implemented initially for all downtown traffic signals in 2006 and expanded to cover all traffic signals in the city in 2009. The agreement with Telvent Farradyne is necessary to provide annual system maintenance and on-call technical support services. In addition, the City received measure M funding from OCTA to replace the City's outdated Integrated Traveler Information System that has been in operation since 1999 and is no longer supported by the manufacturer. The new Transportation Information System (TIS) is an up-to-date web-based system where the public can view real-time traffic condition data as well as video images. As the original developer for the City's MIST traffic signal system, Telvent Farradyne Inc. is the only consultant that can provide a seamless integration of the two systems, and they have successfully developed and implemented similar systems for other agencies. 25G-1 CITY MANAGER Amendment to Agreement With Telvent Farradyne October 5, 2009 Page 2 The agreement for maintenance and on-call services is not to exceed an amount of $68,000 per year, will be effective through September 30, 2012, and may be extended up to two one-year extensions of the contract by mutual agreement. The agreement for TIS development is for $105,940 and will be effective through September 30, 2010. ENVIRONMTNTAL IMPACT There is no environmental impact associated with the maintenance and on- call services contract. For the TIS contract, the recommended action is exempt from further review. Categorical Exemption ER No. 2008-158 was filed for in accordance with the California Environmental Quality Act FISCAL IMPACT Funds are available in the Public Works Agency Accounts for traffic signal maintenance, Measure M Street Construction Fund and Gas Tax (Accounts 02917620 6230, 03217660 66220 and 05917660 66220). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ George Aiva ez Francisco Gutierrez Acting Executive Director Executive Director Public Works Agency Finance & Management Services Agency 25G-2 AGREEMENT FOR SYSTEM MAINTENANCE AND SOFTWARE DEVELOPMENT SERVICES THIS AGREEMENT, made and entered into this 5th day of October, 2009 by and between Telvent Farradyne, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporarion organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of software maintenance and development services for the Management Information System for Transportation (MIST) traffic signal system developed by Consultant. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform annual routine system maintenance and on-call system services on an as needed basis, as set forth in Exhibit A, attached hereto and incorporated by reference. Consultant shall provide development and implementation services necessary for the Transportation Information System Project 09-5025-M, as set forth in Exhibit B, attached hereto and incorporated by reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as maybe otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 25G-3 3. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services: • For Routine Maintenance, $8,000 per year. • For On-Call Services, the rates and charges identified in Exhibit A, which shall not exceed $60,000, per fiscal year. • For development and implementation of the Transportation Information System, $105,940.00, as set forth in Exhibit B. The total sum to be expended under this Agreement shall not exceed $173,940.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2012, unless terminated earlier in accordance with Section 14, below. However, if the City Council fails to approve an annual budget with aline-item expense for said maintenance and on-call services, the agreement shall expire on June 30 of the then current year. The maintenance and on-call services maybe extended for up to two additional one-year periods, at the option of the City. 2 25G-4 Services required to develop and implement the Transportation Information System Project 09-5025-M, shall be completed by September 3D, 201D, unless the Project is terminated earlier in accordance with Section 14, below. 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. 25G-5 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDENINIFICATION Consultant agrees to 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 health, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant 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 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. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other 4 25G-6 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. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other comnx;nication pursuant t4 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 facsimile 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 facsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: Mr. Farhad Pooran Telvent Farradyne, Inc. 3206 Tower Oaks Blvd Rockville, Maryland 20852 25G-7 facsimile (301) 815-1884 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 facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oraiiy or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. 6 25G-8 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, perforinaxice, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Urange 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. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// 7 25G-9 /!/ IN WTI'NESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney TELVENT FARRADYNE, INC. FARHADPOORAN Vice President, Technical Director Tax ID # 25G-10 EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE ROUTINE MAINTENANCE AND ON-CALL SERVICES 25G-11 1390 Pittard Driver, mite 200 Rocks-ills, vtaryland 2!?850. l'SA 1'e l: + 1 301 354 1376 Fay:+i ;Ol i4 j~6? September 9, 2009 Mr. Vnh Nguyen City of Santa Ana FUblic Works Agency, 4th Roor 20 Civic Center Plaza Santa Ana, California 92701 TEIVENT RE Santa Ana Advanced Traffic Management System (ATMs') Rroposal for Annual System Support Dear M r. Nguyen: Telvent Farradyne Inc. (TR) is pleased to submit this proposal for providing system and software support for the City's ATM S platform. The ATMS platform controls and monitors traffic signals within the City of Santa Ana. The central component of this system is the Management Information 9~rstem for Transportation (M ISn software, developed by TR. The City is pursuing deployment of a Transportation Information stem m~ integratetf with M IST platform. TIS will provide traveler information via the dty's public web. The proposed scope of services indudes the following components 1. Annual 9~rstem fbutine Maintenance 2. Annual C+n-call System Support The following sections descxibe scope of services covered under this proposal. Annual System Routine Maintenance Under this task TFI will provide maintenance support for the M1ST~ software for the duration desired by the city. During the effective period of the Maintenance Support, TFI wi71 provide the following services: 1. Telephone, email, and Internet support, responding to CIIDV'f identified problems and application use related queries. This support will be during normal TFI business hours FAT. This service will be extended to three designated personnel of the CIIQ~I'f. 2. Support in the correction of software errors where such errors prevent the operation of the application or have a significant impact on the application's use. 3. Significant application enhancements, developed by TFI for the specific modules of MlS'I'~' that have been licensed by CIIFNT, in the execution of it's business, that have 25G-12 ~-~taAnaA71NSAnnua~5j~atem St~vport applicability and sgnificant benefit to CtiE~ll's use of application. These tioensed modules include: base MIS'I®, signal control, device navigator for DMS and CCTV, and Strategy (OPAC) 4. Significant application enhancements, developed by TFI for the OPAC algorithm The Cl~lTresponsibilities are as follows: a. Keeping employees trained in the M1S'I® system usage. if additional training is required, this maybe supplied at prevailing TFl Time and Materials rates. b. Timely notification of errors encountered. These notifications should be in writing and maybe posted by mail, fax or FinaiL Notification should include the time and date of error, the machine that exhibited the error, a full description of the error encountered, the name and direct phone number for the person that experienced the error, and the state of the system and environment at the time of the error. c. Upgrading to the latest available release of MiS'I® within one year of the date that it is made available. d. Allow access to the MbS`I® system by TFI for support by providing remote access. Keep all computers associated with M1S'I~', acting as a Server or Operator ]nterface free of any software that was not delivered with the MLSS'I® system or subsequent releases. Note: 1) Anti-virus and traffic modeling software packages such as Syncrho maybe installed on M1ST~ machines. 2) It is recommended that the CII)~~1T inform TFI of any other software packages that may need to be installed on MIST' machines. This will expedite troubleshooting process if any problems arise as a result of the subject software installation. f. Not allow MIST' software to be modified in any way by anyone other than TFI or other TFI approved entities, as defined by CIIENI's executed MLST license Agreement. Fee Schedule TA will provide the above support services to the City of Santa Ana for an annual fee of eight thousand dollars ($8,000), based on a Maintenance Agreement for a period of three (3) years. This does not include labor and all travel, accommodation and per diem expenses incurred for any site visits to the Customer's site. Such costs will be covered under Annual On-call System Support. All of the dollar amounts are to be paid to TFI in US dollars. B~7lings will be made annually for the following 12 months of support, starting upon acceptance of this agreement and notice to proceed from the CL1F1~'T. The payments are due within 30 days of invoice. Total number of hours of Support available under this Maintenance Support (excepting the required hours defined in paragraph five (5) above) shall be limited to 60 man-hours per :~ ` J 25G-13 ~-itaAnaA7JNSAnnual S~fem Stfppat annum. 1n the event that more hours of Support are required, they will be charged to the Annual On-call System SLpport task. Annual On-call System Support Under this task, TFI will provide necessary support that is not part of the routine maintenance described above. This will be on an as needed basis for the following but not limited to: 1. Provide necessary mod'rfication of the system software/hardware to maintain or improve the system #unctions. The oust of building, testing, and supplying the customized application update required for enhancements will be included in this task. 2. Fl'ovide support for database management, maintenance, enhancement, and population. Provide support for administrative tasks, including tape backups, user account management, and daily operations if desired by the ClJ~1T. 3. Ftovide software engineering support to modify the MIST code to incorporate changes identified by the C119~IT. These changes shall not include substantial alterations to the M IST software. 4. R~ovide support in design of system for expansion or implementation of new technology. This shall include misting and advising CLIBVT' employees with the design and spedfications of traffic signal equipment and communications networks in order to properly integrate with MIST system. 5. R~ovide system/communication hardware or software replacement as necessary. 6. Fl-ovide support in grant application for system and related communication upgrade. Fee Schedule The total cost of this Annual On-call System Support task shall not exceed $60,000. All services shall be billed on a monthly basis. TFTs invoice shall be paid thirty (30) days after the receipt for contract services that have been satisfactonly completed. The City's representative must verify all work completed. The following table provides labor rates for the time & material tasks. These are based on the estimated labor rates for the Year 2009. A 5% escalation rate will be added to each year after. Y ~ 3 25G-14 S~-itaAnaA71NSAnnua~System Category hhurlylite Sr. Engineer $160 .t. Engineer $105 Sr. Programmer $160 Jr. Programmer $105 Sr. 6igineer Mgr $200 Should you have any questions or require any further information, please contact meat (301) 354-1376 at your convenience. Very truly yours, Farhad Fboran, PhD, P.E voe Resident, Technical Director Telvent Farradyne Inc. ,m # 4 25G-15 EXHIBIT B SCOPE OF SERVICES TRANSPORTATION INFORMATION SERVICES PROPOSAL 10 25G-16 1390 Ficcard Drive, mite 200 Rockville. Maryland 20&50, USA Cel: + 1 301 354 1376 fay:: +t 30I 354 556^ September 9, 2009 Mr. Vinh Nguyen City of Santa Ana R~blic Works Agency, 4th Roor 20 Civic Center Rata Santa Ana, California 92701 TELVENT RE Santa Ana ATM S R~oposal for Transportation Information System Dear M r. Nguyen: As per our 7/7/2009 project review meeting in Santa Ana, this letter provides cost proposal #or additional enhanc3ements to the Cites existing AAIS'l~' system. These additional items indude deployment of a Transportation Information System (11S) to provide real-time traffic data to the public via website as well as dty's b osks. The following pages indude scope of work and oast estimate for this effort. Should you have any questions or require any further information, please contact me at (301) 354-1376 at your convenience. Very truly yours, Farhad Fboran, PhD, P.E Vice Resident, Technical Director Telvent Farradyne Inc. 25G-17 ~itaAnaAd~tne~ TiaffiFC 5lfgna~ Control Sj~e-n Scope of Work TFI will deploy an advanced Transportation Information System ('IIS) including a public website similar to Town of Cory's WINK website (see httn: ~~~~ink.tow~~~ofcaiv.ork;/trafYic map.a~~ ). This site will provide link congestion monitoring, incident & construction information, CCTV images and DMS messages (subject to availability of data). The link data will be provided through MIST detector data module using MIST Data Interface (DI). A screenshot of an example website is shown below. t c=c =?E ':~ SE=.I_E =~EoT= :• T-= TI'.'E ' .i r..^ t v 2 ~ P I.1,: __1~ ~O + Low25 i -.~ r ...,~ ~. ~ Fes) ..L~~I ~~y~t y3e. 5 .. 0~ _.~u~_GV. Grove u `^ ~ ®4 _ ~ i .,~ ~ 70 1 ~ N .~~ ~ ~r Gen!ee • ~NM'1d`~~ ~ xerawN+^ ~I D O ;~J ~n VAln.lr . a... V* 1 L~?~ K V.n (,Virtu 0 • ~.°' t ~ c ,h ' ~ S a~.1ne~~~ i ,' . ~r lar m•~ 1' f I 1 ] ,++", ~ f Y`t . ` _ x a~sy~µ / ui~ .~~ ~ ~ •h' sr K , ~, ~. . r..~r Llw bB Tek ~, =r ~:..1} T __~, T'y __T_e_ _v_~= _._CGT _ii AI_~rt_ ~ Fex.lLa.k The ATIS also will include an operator interface to allow incident data entry as well as control and monitoring of the information available to the public. The following screenshot presents an example of the operator interface screen. 2 25G-18 ~-ttaAnaAd~vtne Timfflc Signa~ Contra/ Syafem ?„va!', of ~.3r. ]TI. Svr_n,, r ---- ® [lased Incideels RaR~ Highway NlOkiray Iitclilset - yl ais Etiaik 3006110713110200000 !~ 7renss Reported by: State: County City: Responding: ,,~: Tcwn Ot Cary NC fisab Mphwsy Incident Type: Facility/Route: Article: From: 7rarrit abnormal Ined 1-4D approaching Exit 15 Direction: Detail: To: uMaer H~/iiwaY eastbound center lane ':~! TrafalY Duration: OD NH:MM No. d Leiter: Lane Descriptbn: Blotto: Total !arias: nary t~ 04 00:00 2 I [0 2 lanes blocked 5 Other trdormetbn: 1 mile delay Local Evert Ora Transit a Carttad lido Name: Phone: User Name: carouser Osp CdL• Paper. Fsx: User Phone: X Prhnary LMks: Associated Links: Loc.a weatlwr CotMRbns: Pavement CondRbns: x RECENT ALARMS Near tlry leob 11!39/2006 Town O(Cary ([7.Mr) ~„ate. 09:07:46 abnormal load pM on 1-40 ttnter ~ Town Oi Cery abnorma l load on I-40 center Zane eastbound approaching Exrt 15 2 1 to 2 lanes blocked 1 mile delay ~~-., !one eastbound approaching t L Exrt 15 2 1 to Z afsa lanes blotketl 1 Actiwis Court: First: last: '~ mile deWY Uruiuoc. A tion ~ ~ ~ !leer Adion ~ 1 11/07/2006 01:19:02 PM 11/07!2006 01:19:02 PM 1 U19l2006 Town Of Cary 08:07:46 accident on 1- Event Action Liq: PM 240 right exit ~pn Date and Tkne Action Type Mtlon Description ramp eastbountl M 11/07/2006 01:19:02 vtt NEW abnormei toed Reported by: Town Oi Cary Exit 3• US 74A 1 exit ramp l!- My Org ~~.': Odiar Orgs . ~ AN ~.,.` Fherad In :!~ All Sort bY: '~'~ Date Time ~ Organization ~ ` tncideru TYDe Interfacing with the Cites Kiosks The TIS platform will provide traveler information to the City's kiosks TA will develop an application that can run a web session on a Windows machine that will prevent users from being able to suit the Internet. Instead, the web lesson will only be able to access whatever web site the administrator's point the application to. A sea-et keystroke combination will allow an administrator to minimize the application and access other applications and utilities installed on the device. Project Tasks The scope of work includes the following tasks: 1. Provide system requirements and acceptance test plans 2. Design City of Santa Ana's public website 3. Integrate, configure and test SmartNEI=MIST system 4. Install TLS and Public Web servers at the City's TMC 5. Conduct on-site training 6. Conduct System Acceptance Test 1 ~ ,..?` .."" 3 25G-19 ~-~tgAnaAd~vtire Tiaff~c Sjgna~ Contra/ stem High Level Requirements -Public Website and Operator Interface The public webste shall be available via http access usng standard html content. 2. The public webste interface shall be compatible with all versons of the Microsoft Intemet 6q~lorer Internet browser higher than release 7.0. 3. The webste shall present data usng a map bad<ground covering the desred dty map. 4. ~ubjed to data availability, web server and network performance limitations, the public webste shall provide link occupancy data using oolorization of instrumented roadway segments The data may be updated at a frequency of 2 minutes or higher subject to the latency of the communication network. Typical refresh rates for link congestion monitoring and CCTV images are within 5 minutes. 5. Travel cha-acteristicslnformation colors will use ~ least 4 different colors, with gray indicating no data available, green representing free traffic flow, amber representing intermediate travel conditions and red indicating slow traffic flow. 6. The pubiicwebsite shall display DMSmessage contents 7. The public webste shall provide static (video snapshot) images from available CCTV cameras in the system. These images will be shared with 9nartNEf via a shared ftp folder. When viewed, these images will be updated at the shared folder update rate for each camera. 8. The public webste shall provide traffic inddent data. The TMC software will publish active confirmed inddents to the public webste. When inddents are updated or terminated in the TMC software, the same actions will be published to the TMC webste. 9. The regional map display shall indude a chedcbox control for each of the CCTV, DMS,, alive inddent, link congestion, and railroad preemption lags which shall be used to turn on and off the display of each layer individually. 10.The public webste shall contain hot links (URLs) to other regional websites desired by the City of 5'anta Ana. 11. The public webste shall provide traveler in#ormation to the desgn~ed kiosks within the aty. The web lesson running in kiosks will only be able to access the TJSweb site. ,~~ 4 25G-20 3~-itaMaAd~vtn~e Tiz~ft~c ~gner ContRal Sysfem 12.The Pt~btic Web map interface snail contain didcable icons usng relevant images to represent active incdents, planned or active construction, planned or active speaal events cameras, dynamic message sgns, and tra#fic links. 13. Selecting and didcing on event, construction or inddent icons will display a text box with detailed information. 14. Selecting and didcing on a camera icon will display the most recently available still frame camera image. While open, the camera image will automatically refresh at regular intervals 15. Selecting and didcing on a DMS icon will display the current message on the sgn. 16. The AT1S Oi shall provide a maiu-driven, graphical interface to set up and populate AT1S parameters and database tables 17.The regional map display shall show an inddent icon for all active inddents located at the coordinates speafied by the AT1S operator when manually entering incidents 18.The AT)S OI shall provide capability for adding icons to the regional map display representing CCTV and DMSunits 49. The AT1S OI shall provide rJapabifity to display the actual location of a CCTV or DMS unit as an icon on the regional map. 5 25G-21 ~aAnaAdavtn~e Tigff~c Sgifa~ Contrt~l Stem Project Cost Table 1 below provides estimated cost for this effort. Table 1 -Santa Ana Fhase N Software Fnhanoement & Integration Cost Task ID Task Desa-iption Total Cost A7J5& Relic Ylki6 1 FLblic Web Design induding: region map, icons, menu items, UFas to other rtes $ 30,000 2 Congestion map (link redraw) &Database $ 3,920 3 Develop Web lesson application for kiosks $ 10,220 2 Integration, Configuration and 190 9001 Testing (9rartNEr & MIST DI $ 11,200 3 On-site Installation & Warrant 9u ort $ 11,200 4 Trainin & Documentation $ 5,600 5 Travel & ODC $ 3,200 6 Hardware 8~ COTS er Table 2 below Mess one server $ 30,600 7 t;oensn Fee $30,000 $ 0 Total R ojed coat a , 05,sao s 25G-22 S~-ttaAnaAdbptire Tigffirc 9gna/ Contnal System Tile 2 - Haudware 8~ COTS Riang Deecri ion Unit Rios TotalOoat ATAS& fLb/ic Weib $ 36,200 ATIJR.~blic Web Servers-Dell FbwerEd e 3 $5,200 $ 15,600 AT1SApplication/DBserver (Microsoft 9QL Server 2003/2005) 1 Apache Web Server 1 Webiogic (itS) Web Server 1 AT1S Operator Interface -Dell Reason 1 $2,600 $ 2,600 coa a1 a o00 Bea Webl is Server Advent e, Verson 10.1. 1 $12,000 $ 12,000 Microsoft SQL Server 2005 .lava 1.4.2 1 $ 6,000 $ 6,000 25G-23 25G-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: AGREEMENT AMENDMENT WITH MERCHANTS LANDSCAPE FOR MAINTENANCE OF THE STADIUM AND CIVIC CENTER ~?~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Merchants Landscape Services to provide landscape maintenance services at the Stadium and Civic Center in an amount not to exceed $352,255, for a total agreement amount of $828,329. DISCUSSION On May 18, 2009, the City Council approved a one-year agreement amendment with Merchant's Landscape to continue with the park landscape maintenance. The amendment did not include the Civic Center or the Stadium. Staff is proposing to amend the existing agreement with Merchant's to include the maintenance of the Civic Center and the Stadium. The current base agreement is in the amount of $453,403, and includes a five percent contingency for a total amount not to exceed $476,074. This agreement amendment will add nine months of service for the Stadium and the Civic Center and add a contingency for unanticipated and emergency work. This amendment will increase the agreement total by $352,255 to an amount not to exceed $828,329. FISCAL IMPACT Funds are available in the FY 2009-10 Park Services Other Contractual Services account (no. 01113250-62300) and the Civic Center Maintenance Other Contractual Services account (no. 07413250-62300). Gerardo Moue , ~" Executive Di ector Parks, Rec. and Com. APP OVED AS T FUNDS AND ACCOUNT: ~F ancisco u Terre xecutive Director Finance and Mgt. Svcs. Agency Svcs. 25H-1 AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into as of October 5, 2009, between MERCHANTS LANDSCAPE SERVICES, INC., a California corporation (hereinafter "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 (hereinafter "City"). RECITALS: A. The parties entered into Agreement A-2009-053 dated May 18, 2009, (the "Agreement") by which Contractor provides certain park and landscape maintenance services at various locations in the City of Santa Ana. B. The parties wish to amend the Scope of Services and Compensation as set forth in the Agreement to add the Santa Ana Stadium and Santa Ana Civic Center to the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, including the Santa Ana Stadium and Civic Center and El Salvador Park, as set forth in City's Request for Proposa109-006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated Apri16, 2009, attached hereto as Exhibit B. Said maintenance includes the basebalUsoftball diamond maintenance, which Contractor has subcontracted to Major League Softball." 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $722,594, plus a contingency for unanticipated expenses in the $105,735, for a total amount not to exceed $828,329.00, during the term of this Agreement." 25H-2 3. Exhibit A -SPECIFICATION FOR ROUTINE MAINTENANCE, shall be amended as follows: a. Section C. ROUTINE MAINTENCE, subsection 16, Special Maintenance, shall be amended to read, in full, as follows: "1. ~ecial Maintenance a) Annual City Employee Picnic at Birch Park -Once per year in August or September the City holds their Employee Picnic at this park. On the day of the picnic the Contractor shall provide one (1) Leadworker and two (2) employees to help maintain the park during the course of the event. The event generally starts at 10:00 am and ends at 2:00 pm. Maintenance duties during the event shall include, but not be limited to, trash and litter pick-up, emptying trash receptacles, cleaning up spills, washing down areas, brooming off areas, etc. b) Downtown Civic Center Grounds and Landscape -The Downtown Civic Center Authority Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product Monday through Friday. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. 25H-3 (4) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. (5) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or Toppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All trees below 15' shall be pruned monthly using hand shears and Toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) Replace all 52 state flags in the Plaza of the Flags in January in July of each year. Flags to be provided by City. d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue and is recognized as one of the best amateur athletic sporting facilities in the county. Because of the number of people that visit the Stadium each year the classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, sidewalks, parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. (2) All site amenities, including but not limited to, signage, player benches, hand railing, goal posts, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product daily seven (7) days per week (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be 25H-4 responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or loppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (5) All trees below 15' shall be pruned monthly using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All grandstand bleachers shall be inspected daily and if necessary wiped clean so they are free of dirt, stains, markings, etc." 4. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: JOSEPH W. FLETCHER GERARDO MOUET City Attorney Executive Director Parks, Recreation and Community Services Agency [Signatures Continued on Next Page] 25H-5 MERCHANTS LANDSCAPE SERVICES, INC. MARK BROWER President Tax ID# 25H-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: TENTATIVE PARCEL MAP NO. 2009-02 (COUNTY MAP NO. 2009-109) TO SUBDIVIDE AN EXISTING INDUSTRIAL PROPERTY INTO THREE SEPARATE PARCELS AT 1720, 1740, 1760 AND 1800 EAST WILSHIRE AVENUE - THE REALTY ASSOCIATES FUND VII k CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2009-02 (County Map No. 2009-109) as conditioned. ZONING ADMINISTRATOR ACTION On September 16, 2009, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2009-02 (County Map No. 2009-109) as conditioned to subdivide an existing industrial property into three separate parcels at 1720, 1740, 1760 and 1800 East Wilshire in the Light Industrial (M-1) zoning district (Exhibit A) At the request of staff, the Zoning Administrator removed condition number two as the applicant has already submitted revised plans that comply with the Public Works corrections. Additionally, the Zoning Administrator added a condition that at such time when the parking lot is resurfaced the parking stalls shall be restriped to meet current City standards (i.e. double-striped). FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning & Building Agency MF:rb mf\reports\tpm09-02 1720 E Wilshire Ave.cc 32A-1 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: SEPTEMBER 16, 2009 TITLE: PUBLIC HEARING - FILED BY THE REALTY ASSSOCIATES FUND VII FOR TENTATIVE PARCEL MAP NO. 2009-02 (COUNTY MAP NO. 2009-109) TO SUBDIVIDE AN EXISTING INDUSTRIAL PROPERTY INTO THREE SEPARATE PARCELS AT 1720, 1740, 1760 AND 1800 EAST WILSHIRE AVENUE Prepared by Matt Foulkes PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO GLLQ~t/l Planning Manager RECOMMENDED ACTION Adopt a resolution approving Tentative Parcel Map No. 2009-02 as conditioned. DISCUSSION Request of Applicant The Realty Associates Fund VII is requesting approval of Tentative Parcel Map No. 2009-02 (County Map No. 2009-109) to subdivide an existing industrial property into three separate parcels at 1720, 1740, 1760 and 1800 East Wilshire Avenue. Property Description The subject property is located within the Light Industrial (M-1) zoning district and has a General Plan land use designation of Industrial (IND). Surrounding land uses include industrial to the north, south and west, with the Santa Ana Automall to the east (Exhibits 1 and 2). The subject development is a 4.42 acre parcel of land located on the south side of Wilshire Avenue between Lyon and Ritchey Streets. The property is developed with four industrial buildings ranging in size from 18,056 square feet to 26,762 square feet. Building records indicate that the buildings were constructed in 1988. The site is accessed from four driveways; three are located on Wilshire Avenue while the fourth is on Ritchey Street. There are 243 parking spaces provided on site which can be accessed from all driveways. Loading docks and trash enclosures have EXHIBIT A 32A-2 Tentative Parcel Map No. 2009-02 September 16, 2009 Page 2 been provided for each building and are located at the rear of the development. Mature landscaping exists along both the Wilshire Avenue and Ritchey Street setbacks with additional landscaping within the parking area and around each building. Project Description A tentative parcel map is requested by The Realty Associates Fund VII in order to subdivide an existing developed industrial property into three separate parcels. This subdivision will allow these properties to be sold individually rather than leased separately. The project site is currently developed with four industrial buildings: two free standing two-story buildings on either end of the development (1720 and 1800 East Wilshire Avenue), and two, two-story buildings which share a common wall in the center of the property (1740 and 1760 East Wilshire Avenue). The buildings are currently tenanted with a range of industrial businesses from warehousing to manufacturing. Although parking is shared, the site may be accessed from any of the four driveways and sufficient parking is provided on each proposed parcel to accommodate the various industrial uses present within its respective building (Exhibit 3). Analysis of the Issues A tentative parcel map is necessary to subdivide the property into three separate parcels for individual sale. Government Code 66411 grants Cities the ability to regulate and control the design and improvement of subdivisions within its boundaries subject to conformance with the Subdivision Map Act. In order to evaluate the appropriateness of this subdivision request, the Subdivision Map Act has identified several findings that must be made in order to approve the request for land division. These findings include determining whether the proposed subdivision meets the applicable zoning standards, General Plan policies and determining the environmental and public health impacts. Using the above-mentioned findings as evaluation criteria for the appropriateness of the project, staff has determined that the proposed project meets all provisions of the zoning code, including landscaping, setbacks, parking, lot size and frontage. The subdivision request is also in compliance with the goals and policies of the General Plan and Industrial land use designation. The approval of this subdivision will enhance the economic viability of the site by allowing individual ownership of the buildings in the development. This directly supports Policy 2.3 of the Economic Element of the General Plan which encourages 32A-3 Tentative Parcel Map No. 2009-02 September 16, 2009 Page 3 the development of mutually beneficial and supportive business clusters within the community. Additionally, this project's location within an existing industrial area supports General Plan Land Use Element Policy 5.4 which supports projects which are in areas that are consistent with the specified land use. Covenants, Conditions and Restrictions (CC&Rs) are required for the project to ensure the site continues to function as an integrated development. These CC&Rs must be approved by the City prior to the recordation of the final map. The proposed subdivision is in compliance with the City's development standards and supports the policies of the General Plan. As a result, staff recommends approval of Tentative Tract Map No. 2009-02 (County Map No. 2009-109) as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15301. This Class 1 exemption allows for the subdivision of existing industrial buildings where no physical changes occur. Environmental Review No. 2009-72 will be filed for this project. Matt Foulkes, LEED AP Assistant Planner I c Vince Fregoso, AI Principal Planner MF: jm mf\reports\tpm09-02 1"720 E Wilshire Ave.pc 32A-4 -- At r ~ ~. p; 'S R1 `; i I Al r ~~ ~ Glfy of 7vafrn W i,. W 1 ~ 1 , !N7 ~"' ~ At ~' C5 ~n uo .~ ~ ' , G ~ ~ fIA t 4 Mt ~, - -~,- 1 ; ~ ~t t ~, ,... so M- ~ 1~ Site ~, ~ ~ ~ ,~ - - s sa-sc ^ '[ e~ t J ~y ~, ~-eo so~o ~~ •ee __~ .~_ wewr ~_.. _ t 6N ~~ "j f~tl A J 1a7 Al General Agriculture C-SM South Main Street Commercial District PD Planned Development -B Parking Modification -F Floor Area Ratio PRD Planned Residential Development Cl Community Commercial GC Government Center Rl Single-Family Residence C2 General Commercial M1 Light Industrial R2 Two-Family Residence C3 Central Business M2 Heavy Industrial R3 Multi-Family Residence C3-A Central Business -Artist's Village MO Military Operations R4 Suburban Apartment C4 Planning Shopping Center O Open Space RE Residential Estate C5 Arterial Commercial -OZ Overlay Zone SD Specific Development P Professional SP Specific Plan CR Commercial Residential PCD Planned Community Development p~N ORANC f ~ O ~~~ ~~ ~ P M 2009-02 ~° ~. Realty Associates Fund VII 1720 1740 1760 1800 East Wilshire Avenue - =SOOFEET 1' = 1000 FEET ' ' ' PLANNING AND BUILDING AGENCY VICINITY MAP EXHIBIT I 32A-5 ~. ~. ~_ ~Y. ac INDUSTRIAL ~~.~ ~ ~~~. N O ~. Z ``~,,~x~ ~. ~_ ~~~~~. -,. ~. ., ~.,- ,--. `~.. AUTO MALL PROJECT SITE. RIAL Q oc N INDUSTRIA ~ INDUSTRIAL AUTO MALL z .~. _ ' ~-. _ INDUSTRIAL -~. r~.~ ~N ORA~y .6F ~/~ 'C~ Sal G °~~ ... ~~° ~~~ PM 2009-02 `~~`~ ~° Realty Associates Fund VII 1720, 1740, 1760, 1800 East Wilshire Avenue PLANNING AND BUILDING AGENCY LAND USE MAP EXHIBIT 2 32A-6 o~_ j ccc ° crC ~ ~~ : - .,fir _ 5 ~ w ~ - 4~ 5 ~ s 2u ~.a ~ a p ~C~ ~~. 3 ~~ ~ r a s ~ - z a - ~ ~er ~ _~a 3~ - - _ - ~ ~.,, ~- - _ _ _ o ._-~ ~ ., ... z r_ ., a ~_ o ~ m m d ~ d~ ' m m~~ a. o ~ m m a o ~~ ll ~ ~;~ -_ m , E - ` _ m -, -___ _ a.,.,-~ 133Y15 A3H~7M ... ,... - _.. z >. __.~rn =_ _.__ F :.. ,i ~ r:. y~ m ~; /`TjtRlfr ' _ ~~ e - jt .3 ^I - ei t ~= ~ ~ II §. ^1 ~ o -~ ; ~ - _ z . ~. ss~ R .. n~_ ~, ~ ~ e _ ., ., o ~ ~ _ s a ~ ^~ _ .~ I o _ - ~. ~ _ £ .... ., r o Tit __ .. ~ 5 r I( - z .. - u o ~~ III -. z ~ a a „~ ,m~m of . ~,A~ E 0 t n~ ~ ~ ~ ~ ~ ~ t• ~ ~ ~" ~ r ~ _ ~ .,. _ t _, ~ ~ .~ I mil ~ ~,~~ ~ ~ ~z ~ ~ _ ~~ I~ i ~ a ~~ ~ ~~a ~ ~ i ~ Y~=, _, 3 a _ z .- "' '~ '~ +z - ~ ~~ w -__ ~~ -_ 333 ]~aG '~"' - ~i ~ F3 - `~y J _as flll y ~ I ~g ~gl ~a z ~ ~ ~ ~ - o ~ ~~ ~s ~ - .- - `~ ~o , < < t ~ ai~~ £~ xbsa i Z e N p W~ _7 b ~ , s ~e ~ m .. z 4 _ ` - ~~ 3W ~ _' nC .~ _.__ T 5- ,.~ _ ._~ + ,~ - _. ~ J ' ~ I. ~ 3 'k 4 ~]$ bk:9/10/09 RESOLUTION NO.2009-12 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP NO. 2009-02 (COUNTY PARCEL MAP NO. 2009-109) TO ALLOW THREE NON-RESIDENTIAL PARCELS AT 1720, 1740, 1760 AND 1800 EAST WILSHIRE AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of a is requesting approval of Tentative Parcel Map No. 2009-02 (County Map No 2009-109) to allow the conversion of one existing industrial property into three non-residential parcels at 1720, 1740, 1760 and 1800 East Wilshire Avenue. B. Tentative Parcel Map No. 2009-02 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 16, 2009. C. Santa Ana Municipal Code Section 34-126 authorizes the Zoning Administrator to approve a tentative parcel map after making findings. 1. The proposed project, as conditioned, and its design and improvements are consistent with the Industrial land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision is consistent with the Industrial land use designation and all other elements of the General Plan. Policy 5.4 of the Land Use Element supports land uses which are consistent with the land use plan of the Land Use Element. This project is not located within any specific plan area of the City. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to all provisions of the zoning code, including landscaping, setbacks, parking, lot size and street frontage. No variances are required for this project. Existing infrastructure in the Resolution No. 2009-12 Page 1 of 5 32A-8 area is adequate to service the project. Covenants, Conditions and Restrictions (CC&Rs) are required for the project and must be approved by the City prior to City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site is physically suitable for the industrial buildings that currently exist on the site. The existing buildings result in floor area ratios (FAR) of .35 for 1720, .43 for 1740 and 1760 and .31 for 1800 East Wilshire respectively. Each of these floor area ratios is below the .45 maximum (FAR) for the Industrial (IND) General Plan land use designation. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project site is located in an urbanized area, with no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision's location within an existing industrial area with existing buildings will not result in any detrimental effects upon the general public. The project will incorporate sewer, water and other necessary infrastructure improvements as conditioned in Development Project Review No. 2009-24. 6. The design or improvements of the proposed project will not cause conflict with easements acquired by the public at large for access through or use of property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since public access will be provided from both Wilshire Avenue and Ritchey Street. Both Wilshire Avenue and Ritchey Street have been constructed according to City specifications. Resolution No. 2009-12 Page 2 of 5 32A-9 D. This accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15301. This Class 1 exemption allows for the subdivision of existing industrial buildings where no physical changes occur. Environmental Review No. 2009-72 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby, approves Tentative Parcel Map No. 2009-02. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated September 16, 2009, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 16th day of September, 2009. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Resolution No. 2009-12 Page 3 of 5 32A-10 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk for the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2009-12 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 16, 2009. Date: Clerk for the Zoning Administrator City of Santa Ana Resolution No. 2009-12 Page 4 of 5 32A-11 Conditions for Approval for Tentative Parcel Map No. 2009-02 Tentative Parcel Map No. 2009-02 (County Parcel Map No. 2009-109) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rig or to exercising the rights conferred by this tentative parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division Conditions, Covenants and Restrictions (CC&Rs) are required prior to final map approval establishing an Owners' Association which shall be responsible for addressing operational standards, common area maintenance, drainage, architecture, parking and circulation. The CC&Rs shall be recorded with the final map. Ageflsy: (Deleted by the Zoning Administrator September 16, 2009) 3. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 4. The tentative parcel map, final map and all improvements required to be made or installed by the sub-divider shall be in accordance with the requirements, design standards and specifications of the City of Santa Ana and the requirements of the State Subdivision Map Act. 5. At such time when the parkins lot is resurfaced the parkins stalls shall be restriped to meet current City standards (i.e. double-striped). (Added by the Zoning Administrator September 16, 2009) Resolution No. 2009-12 Page 5 of 5 32A-12 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2"d Floor, Santa Ana, California 92701. I served the foreggoing document described as: Resolution No. 2009-12 (Tentative Parcel Map No. 2009-021 in this action by placing a rue copy ereo encTdin sea a enve opes a reseed as follows: Brenda Wright Walden's Associates 2552 White Road, Suite B Irvine, CA 92614 Matt McKinlay 5100 Birch Street, Suite 100 Newport Beach, CA 92660 Scott Amling The Realty Associates Fund 1301 Dove Street, Suite 380 Newport Beach, CA 92660 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 6, 2009 at Santa Ana, California. JOCELYN MAGALONA 32A-13 32A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 5, 2009 TITLE: PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2009-05 TO AMEND ALLOWED USES WITHIN THE BROADWAY CORRIDOR DISTRICT OF THE MIDTOWN SPECIFIC PLAN (SP-3) ;,~! CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Continue the matter to October 19 meeting per staff's request. PLANNING COMMISSION ACTION On August 24, 2009, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2009- 05 by a vote of 7:0 to amend the allowed uses within the Midtown Specific Plan, Broadway Corridor District, to allow museums, libraries, galleries, theaters and cinema, except those that require a conditional use permit. The Planning Commission made no changes to the recommended action. FISCAL IMPACT There is no fiscal impact associated with this action. ~L L J M. Trevino Executive Director Planning & Building Agency BA:rb ba\reports2009\zoa09-5\zoa09-OSmidtowncc 75A-1 75A-2