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HomeMy WebLinkAbout FULL PACKET_2014-12-16MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 2, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:21 P.M. ATTENDANCE COUNCILMEMBERS Present: SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES (5:25 p.m.) MICHELE MARTINEZ ROMAN A. REYNA COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:22 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Donald Sipple, et al., v. City of Alhambra, et al., Los Angeles Superior Court Case No. BC462270. Yolanda Pena vs City of Santa Ana; Case Nos. ADJ8099232 and ADJ8109301. CITY COUNCIL MINUTES 1 DECEMBER 2, 2014 1 0A -1 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: - One Case 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Employee Organizations City Manager, David Cavazos Executive Management (EM) 4. PUBLIC EMPLOYEE - PERFORMANCE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:45 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 DECEMBER 2, 2014 1 0A -2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:52 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (6:04 p.m.) SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: VINCENT F. SARMIENTO STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCILMEMBER AMEZCUA JERRY HILL, POLICE CHAPLAIN CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Alexis Rocha and April Vega for their recent victory at the World Ringside Tournament. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Matt Ferrera and Stephen Donovan for establishing Smiles for Soldiers, a nonprofit that provides dental care to veterans. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to Mrs. Angelica Cardoza, Saddleback High School teacher, for her dedication to working with disabled students. CITY COUNCIL MINUTES 3 DECEMBER 2, 2014 1 0A -3 CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM TINAJERO AND COUNCILMEMBER REYNA to the Midget Red and Pee Wee Red Cheer Teams for being selected to participate in the Pop Warner National Cheer Championships. 1. Midget Red Team: Head Coach: Pam Lollis- Louis, Assistant Coach: Jazmyn Louis, Assistant Coach: Cassandra Ramirez, Team Parent: Maggie Valera, Student Demonstrator: Jordyn Louis; Players: Elyciana Brown, Yvette Lobato, Jessica Martinez, Gabriella Perez, Priscilla Perez, Maria Ponce, Arianna Rios, Liliana Rios, Alexandra Rivas, Natalie Rodriguez, Janae Varela, Alexis Vergara, 2. Pee Wee Red Team: Head Coach Patty Madrid, Assistant Coach: Celeste Martinez, Assistant Coach: Selina Prawl, Student Demonstrator: Alicia Quintero, Student Demonstrator: Marissa Vasquez, Association Cheer: Pam Lollis- Louis; Players: Jaime Buenaventura, Breanna Cazales, Gracie Contreras, Iverlynn Fuiava, Sirena Galaviz, Arianna Garcia, Amira Gomez, Divony Lopez, Trinity Lopez, Alexis Madrid, Kayla Manu, Kaylah Marquez, Natalia Mendoza, Natalie Morales, Briana Roa, Valerie Shubin, Esveidy Soto, EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Rock Garcia, Parking Meter Technician II, Finance & Management Services Agency Francisco J. Orellana, Senior Engineer, Public Works Agency 30 YEARS OF SERVICE Angela Christensen, Secretary to the City Manager, City Manager's Office 35 YEARS OF SERVICE Roger A. Jones, Senior Librarian; Parks, Recreation & Community Services CLOSED SESSION REPORT — See Agenda Item 19A for Closed Session Report. PUBLIC COMMENTS • Frank Mirjanangir, spoke on Agenda Item 20B, section C regarding LED lighting contract; concerned with bidding process. • Michael Klibaikin, commented on Agenda Item 20D regarding charging stations. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 31A as recommended by staff with the following modifications: CITY COUNCIL MINUTES 4 DECEMBER 2, 2014 1 0A -4 • Mayor Pulido, abstained on Agenda Items 22A and 22B due to potential campaign contribution; • Councilmember Martinez, pulled Agenda Items 22B, 23A, and 25C for separation action and abstained on Agenda Item 25E due to potential conflict of interest; and • Councilmember Reyna, pulled agenda Item 20A for separate action. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento(1) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF NOVEMBER 18, 2014 - (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. 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. SECOND READING ORDINANCE: ORDINANCE REPEALING ARTICLE III OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE REGARDING BICYCLE LICENSING AND REGISTRATION - {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office Placed on first reading at the November 18, 2014 City Council meeting and approved by a vote of 6 -0 ( Tinajero absent). Published in the Orange County Reporter on November 21, 2014. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2873 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING ARTICLE III OF CHAPTER 10 ENTITLED REGARDING BICYCLE LICENSING AND REGISTRATION REQUIREMENTS CITY COUNCIL MINUTES 5 DECEMBER 2, 2014 1 0A -5 11B. SECOND READING ORDINANCE: ZONING ORDINANCE AMENDMENT NO. 2014 -02 TO ADOPT AN ADAPTIVE REUSE ORDINANCE — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office Placed on first reading at the November 18, 2014 City Council meeting and approved by a vote of 6 -0 (Tinajero absent). Published in the Orange County Reporter on November 21, 2014. MOTION; Place ordinance on second reading and adopt. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW THE ADAPTIVE REUSE OF ELIGIBLE BUILDINGS IN PROJECT INCENTIVE AREAS BOARDS / COMMISSIONS / COMMITTEES 13A. MINUTES FROM THE FEBRUARY 27, 2014 AND SEPTEMBER 25, 2014 CODE OF CONDUCT AND ETHICS CITY COUNCIL COMMITTEE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file Minutes. 13B. MINUTES FROM THE SEPTEMBER 4, 2014 DEVELOPMENT AND TRANSPORTATION CITY COUNCIL COMMITTEE {STRATEGIC PLAN NO. 5, 11 - Planning and Building Agency MOTION: Receive and file Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlement agreement: AGMT NO. 2014 -301 - CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Yolanda Pena vs City of Santa Ana; Case Nos. ADJ8099232 and ADJ8109301; in the amount of $27,500. CITY COUNCIL MINUTES 6 DECEMBER 2, 2014 1 0A -6 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmember Sarmiento from said meeting. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Martinez, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Sarmiento (2) 19C. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office, Community Development Agency and Finance & Management Services MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 19D. REQUEST FOR PROPOSALS FOR FEDERAL EMERGENCY SOLUTIONS GRANT FUNDED HOMELESS EMERGENCY ASSISTANCE {STRATEGIC PLAN NO. 5} - Community Development Agency MOTION: Authorize the Community Development Agency to release a Request for Proposals to tax - exempt non - profit corporations that provide services for homeless and at -risk of homelessness that are eligible under the federal Emergency Solutions Grant (ESG) program. 19E. APPROVE SANTA ANA GRADE SEPARATION PROJECT REPORT EQUIVALENT (PRE) AND RECEIVE AND FILE ENVIRONMENTAL CLEARANCE {STRATEGIC PLAN NO. 5,4,6 AND 6,1} - Public Works Agency MOTION: CITY COUNCIL MINUTES 7 DECEMBER 2, 2014 1 0A -7 1. Approve the Santa Ana Grade Separation Project Report Equivalent (PRE). 2. Receive and file the Notice of Exemption (NOE) for this project dated June 23, 2014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS MOTION: Approve appropriation adjustments. (Requires five affirmative votes) 1. APPROPRIATION ADJUSTMENT NO. 2015 -101- Recognizing anticipated city event revenue from fiscal year 2014 -2015 in the amount of $375,000 in the Parks, Recreation and Community Services City Events revenue account and appropriate funds to the Parks, Recreation and Community Services Agency expenditure accounts 2. APPROPRIATION ADJUSTMENT NO. 2015 -101- Recognizing revenue from fiscal year 2014 -2015 in the amount of $104,890 in the Civic Center Maintenance Charges revenue account and appropriate funds to the Civic Center expenditure accounts; 3. APPROPRIATION ADJUSTMENT NO. 2015 -101- Approve an appropriation adjustment recognizing anticipated revenue from fiscal year 2014 -2015 in the amount of $5,952 in the Parks, Recreation and Community Service - OCTA- Transport revenue account and appropriate funds to the Parks, Recreation and Community Services Agency - OCTA -VNCOC Senior Mobility Program expenditure account. MOTION: Reyna SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento(1) CITY COUNCIL MINUTES 8 DECEMBER 2, 2014 1 0A -8 20B. APPROPRIATION ADJUSTMENT AND AGREEMENTS TO INSTALL LED POST TOP STREETLIGHTS AND LED PARKING STRUCTURE LIGHTS USING SOUTHERN CALIFORNIA EDISON ON -BILL FINANCING PROGRAM FUNDING {STRATEGIC PLAN NO. 5, 2) - Public Works Agency MOTION: 1. Direct 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: a) AGMT NO. 2014 -302 - Powerlux Corporation to provide LED Double - Fixture Type Post Top Streetlights for an amount not to exceed $160,290. b) AGMT NO. 2014 -303 - South Coast Lighting to provide LED Single - Fixture Type Post Top Streetlights for an amount not to exceed $120,800. c) AGMT NO. 2014 -304 - Amiran Construction to provide and install LED parking structure lights for an amount not to exceed $84,680. d) AGMT NO. 2014 -305 - Southern California Edison to provide no -cost funding through On -Bill Financing for the LED streetlights. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -100- Recognizing $418,664 in funding from Southern California Edison into the Energy Conservation revenue account and appropriating the same amount to the Energy Conservation expenditure account for the installation of LED light fixtures. 20C. APPROPRIATION ADJUSTMENT AND AGREEMENT WITH STATE WATER RESOURCES CONTROL BOARD AND REVISION OF THE FISCAL YEAR 2014 -2015 CAPITAL IMPROVEMENT PROGRAM FOR PROPOSITION 40 STORM WATER GRANT FUNDING {STRATEGIC PLAN NO. 5, 21 - Public Works Agency MOTION: 1. AGMT NO. 2014 -306 - Authorize the City Manager and the Clerk of the Council to execute an agreement with the California State Water Resources Control Board, subject to non - substantive changes by the CITY COUNCIL MINUTES 9 DECEMBER 2, 2014 1 0A -9 City Manager and City Attorney, for Proposition 40 Storm Water Grant Program. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -098 - Recognizing Proposition 40 State Grant Funds in the amount of $288,898 into the States Grants — Direct revenue account and appropriating the same amount to the Public Works Water Quality & Control expenditure account for the Morrison Park Low Impact Development Improvements Project. 3. Approve a revision of the Fiscal Year 2014 -2015 Capital Improvement Program to add the Morrison Park Low Impact Improvements Project. 20D. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2014 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) CLEAN TRANSPORTATION FUNDS FOR ELECTRIC VEHICLE CHARGING STATIONS {STRATEGIC PLAN NO. 5, 21 - Finance & Management Services Matter continued from the November 18, 2014 City Council meeting by a vote of 6 -0 (Tinajero absent). MOTION: 1. AGMT NO. 2014 -307 - Authorize the City Manager and the Clerk of the Council to execute an agreement, Contract No. ML14012, with South Coast Air Quality Management District (AQMD) to install six Electric Vehicle charging stations, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -092 - Recognizing 2014 South Coast Air Quality Management District Clean Transportation grant funding in the amount of $34,000 in the MSRC Reimbursement revenue account and appropriate same to expenditure account. 20E. APPROPRIATION ADJUSTMENT AND AGREEMENT ACCEPTING 2014 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) CLEAN TRANSPORTATION FUNDS FOR PROPANE CONVERSION (STRATEGIC PLAN NO. 5, 2) - Finance & Management Services Matter continued from the November 18, 2014 City Council meeting by a vote of 6 -0 (Tinajero absent). CITY COUNCIL MINUTES 10 DECEMBER 2, 2014 1 0A -10 MOTION: 1. AGMT NO. 2014 -307 - Authorize the City Manager and the Clerk of the Council to execute an agreement, Contract No. ML14012, with South Coast Air Quality Management District (AQMD) to convert seven new heavy -duty trucks to propane fuel usage, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -097- Recognizing 2014 South Coast Air Quality Management District Clean Transportation grant funding in the amount of $210,000 in the MSRC Reimbursement revenue account and appropriate same to expenditure account. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14 -072 - ASPHALT STREET MAINTENANCE {STRATEGIC PLAN NO. 6, 1 C) (Public Works Agency) - Finance & Management Services 22B. MOTION: Award a contract to Hardy & Harper, Inc. for a one year period in an annual amount not to exceed $610,000, with provision for three one - year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and the City Attorney. *Mayor Pulido abstained due to potential conflict of interest. MOTION: Award a contract to All American Asphalt repair for a one year period in an annual amount not to exceed $450,000, with provision for three one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and the City Attorney. MOTION: Martinez SECOND: Reyna VOTE: AYES: NOES: ABSTAIN: ABSENT: *Mayor Pulido abstain Amezcua, Benavides, Martinez, Reyna, Tinajero (5) None (0) None (0) Pulido, Sarmiento (2) ad due to potential conflict of interest. CITY COUNCIL MINUTES 11 DECEMBER 2, 2014 1 0A -11 PROJECTS /CHANGE ORDERS MOTION; 1. Award a contract to Paulus Engineering, Inc., the lowest responsible bidder, for the construction of the 17th Street Water Main Improvements, Bristol Street to Broadway, in accordance with the base bid in the amount of $1,593,540 and a contingency of $239,301 for a total amount not to exceed $1,832,571. 2. Approve the Cost Analysis for a total estimated project delivery cost of $2,071,602. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: AGREEMENTS SECOND: Tinajero Amezcua, Martinez, Pulido, Reyna, Tinajero (5) None (0) None (0) Benavides, Sarmiento (2) 25A. HISTORIC PROPERTY PRESERVATION AGREEMENTS {STRATEGIC PLAN NOS. 5, 2 AND 5, 3) - Planning and Building Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Mills Act agreements with the below- referenced property owners for the identified structures, subject to non - substantive changes approved by the City Manager and City Attorney. 1. AGMT NO. 2014 -308 — Jeffrey W. Smith & Nancy A. Smith, HPPA #2014- 04, 2442 North Heliotrope Drive (Neiman House) Recommended Approval Date/ Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained) 2. AGMT NO. 2014 -309 — Gary L. Burkharsmeier & Paulette J. Burkharsmeier, HPPA #2014 -05, 2306 North Spurgeon Street (Kennedy House), Recommended Approval Date / Vote by HRC: 11/20114, 8:0 CITY COUNCIL MINUTES 12 DECEMBER 2, 2014 1 0A -12 3. AGMT NO. 2014 -310 — Gary E. Humphreys & Julie Humphreys, HPPA #2014 -06, 2112 North Ross Street (Bemis House), Recommended Approval Date / Vote by HRC: 11/20/14, 8:0 4. AGMT NO. 2014 -311 — David Butts & Ellen Friedlander, HPPA #2014 -07, 1908 North Flower Street (Dr. D. Waynick House), Recommended Approval Date / Vote by HRC: 11/6/14,8:0 5. AGMT NO. 2014 -312 — Henry L. Jenkins & Sally Ann Salisbury, HPPA # 2014 -10, 2223 North Flower Street (Gardner House) Recommended Approval Date / Vote by HRC: 11/6/14, 8:0 6. AGMT NO. 2014 -313 — Ruth Lyons, HPPA #2014 -13, 2340 North Park Blvd. (Mellenthin House), Recommended Approval Date/ Vote by HRC: 11/6/14, 8:0 7. AGMT NO. 2014 -314 — Joseph Chally & Katherine Chally, HPPA #2014- 15, 2416 North Riverside Drive (Mansur House), Recommended Approval Date / Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained) 8. AGMT NO. 2014 -315 — Craig Hoffman & Elizabeth Hoffman, HPPA #2014 - 16, 2415 North Bonnie Brae (Judge Allen House), Recommended Approval Date/ Vote by HRC: 11/6/1,8:0 9. AGMT NO. 2014 -316 — Edward A. Murashie & Linda J. Grant, HPPA# 2014 -17, 2139 North Flower Street (Dr. H.B. Nall - Belisle House), Recommended Approval Date / Vote by HRC: 11/20/14, 8:0 10. AGMT NO. 2014 -317 — Lynda A. Yana, HPPA# 2014 -18, 2438 North Heliotrope Drive (Marksity House), Recommended Approval Date/ Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained 11. AGMT NO. 2014 -318 — Janet Tidgewell on behalf of the Tidgewell Family Trust, HPPA# 2014 -19, 501 West Nineteenth Street (Lacy- Murray House), Recommended Approval Date/ Vote by HRC: 11/20/14,7:0:1 (Mill abstained) 12. AGMT NO. 2014 -319 — Mark Lunetto & Kathleen Lunetto, HPPA# 2014 -20, 1812 North Ross Street (Sumner House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 13. AGMT NO. 2014 -320 — Laura A. Pickrell, HPPA# 2014 -21, 2425 North Heliotrope Drive (Walker- Sackerson House), 11/20/14,7:0:1 (McLoughlin abstained) 14. AGMT NO. 2014 -321 — Micah Stork & Kerri Stork, HPPA# 2014 -22, 2388 North Heliotrope Drive (Harwood House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 15. AGMT NO. 2014 -322 — Linda Nelessen, HPPA #2014 -23, 2428 North Riverside Drive (Butler House), Recommended Approval Date/ Vote by HRC: 11/20/14,7:0:1 (McLoughlin abstained) 16. AGMT NO. 2014 -323 — Debra McEwen, HPPA# 2014 -24, 201 East Washington Avenue (Keech -Klatt House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 17. AGMT NO. 2014 -324 — Chan Q. Kieu & Quynk Kieu, HPPA# 2014 -25, 2221 North Heliotrope Drive (Maharajah House) , Recommended Approval Date / Vote by HRC: 11/20/14,8:0 CITY COUNCIL MINUTES 13 DECEMBER 2, 2014 1 0A -13 18. AGMT NO. 2014 -325 — Bryan Schmitz & Kathryn Schmitz, HPPA# 2014- 26, 524 West Nineteenth Street (Dixon House) , Recommended Approval Date / Vote by HRC: 11/20/14,8:0 19. AGMT NO. 2014 -326 — Craig Glaspell & Leigh Donovan, HPPA# 2014 -27, 2104 North Santiago Street (Tidball House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 20. AGMT NO. 2014 -327 — Ronald Lee Scott, HPPA# 2014 -28, 2372 North Riverside Drive (E.C. Rogers House), Recommended Approval Date/ Vote by HRC: 11/6/14,8:0 21. AGMT NO. 2014 -328 — Jeffrey A. Katz, HPPA# 2014 -29, 1919 North Heliotrope Drive (MacMullen House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 22. AGMT NO. 2014 -329 — Michael Viljak & Miya Suzuki, HPPA# 2014 -30, 532 North Eastside Avenue (Richardson- Prentice House), Recommended Approval Date / Vote by HRC: 11/20/14, 7:0:1 (Hitterdale abstained) 23. AGMT NO. 2014 -330 — Dean Guzman & Aldo Gonzalez, HPPA# 2014 -31, 2445 North Riverside Drive (Dunton House), Recommended Approval Date/ Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained) 24. AGMT NO. 2014 -331 — Cynthia Ann Robbins, HPPA# 2014 -32, 2446 North Heliotrope Drive (Symmes House), Recommended Approval Date/ Vote by HRC: 11/6/14,8:0 25. AGMT NO. 2014 -332 — Charles Jude Dzama & Angela Dawn Dzama, HPPA# 2014 -33, 2511 North Park Blvd. (Horace C. Head House), Recommended Approval Date / Vote by HRC: 11/6/14,8:0 26. AGMT NO. 2014 -333 — Mark A. Mittmann, HPPA# 2014 -34, 2385 North Riverside Drive (M. Heninger House), Recommended Approval Date/ Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained) 27. AGMT NO. 2014 -334 — Joseph Albert Walsh & Ann L. Walsh, HPPA# 2014 -35, 2405 North Heliotrope Drive (Clem House), Recommended Approval Date / Vote by HRC: 11/6/14,8:0 28. AGMT NO. 2014 -335 — Kenneth C. Jones & Helen Luetto Jones, HPPA# 2014 -37, 2300 North Park Blvd. (Steele House), Recommended Approval Date / Vote by HRC: 11/20/14,8:0 29. AGMT NO. 2014 -336 — Richard C. Payne & Mirian S. Payne, HPPA# 2014- 38, 340 West Nineteenth Street (Tate House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 30. AGMT NO. 2014 -337 — Norichika Okada & Heather Lenz, HPPA# 2014 -39, 934 West Sharon Road (Cohrt- Fowler House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 31. AGMT NO. 2014 -338 — Craig Emmons Kalthoff & Franklyn Russell Patti, HPPA# 2014 -41, 2510 North Park Blvd. (McKamy House), Recommended Approval Date / Vote by HRC: 11/20/14,8:0 32. AGMT NO. 2014 -339 — Scott McDowell & Vanessa McDowell, HPPA# 2014 -42, 2618 North Louise Street (Dutcher House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 33. AGMT NO. 2014 -340 — Michael J. Weatherly, HPPA# 2014 -44, 2029 North Flower Street (Dr. M. McMurray House), Recommended Approval Date/ Vote by HRC: 11/6/14,8:0 CITY COUNCIL MINUTES 14 DECEMBER 2, 2014 1 OA -14 34. AGMT NO. 2014 -341 — Dennis Koldewey & Ellen Koldewey, HPPA# 2014- 45, 2125 North Heliotrope Street (Dye House), Recommended Approval Date/ Vote by HRC: 11/6/14,8:0 35. AGMT NO. 2014 -342 — Robert Aubuchon & Ann L. Feng, HPPA# 2014 -47, 2207 North Flower Street (Ranney House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 36. AGMT NO. 2014 -343 — George J. Honer & Sherri L. Honer, HPPA# 2014- 49, 2410 North Park Blvd. (Nisson House), Recommended Approval Date/ Vote by HRC: 11/6/14, 8:0 37. AGMT NO. 2014 -344 — Stefan Wolff & Darlene Glenn, HPPA# 2014 -50, 2133 North Greenleaf Street (Stein House), Recommended Approval Date/ Vote by HRC: 11/20/14,8:0 38. AGMT NO. 2014 -345 — David P. Ko & Jeanette L. Ko, HPPA# 2014 -51, 1812 North Heliotrope Street (Bryte House), Recommended Approval Date / Vote by HRC: 11/20/14,8:0 39. AGMT NO. 2014 -346 — Alex L. Hart & Mason K. Nakamura, HPPA# 2014- 52, 2215 North Victoria Drive (Kimes House), Recommended Approval Date / Vote by HRC: 11/20/14,8:0 40. AGMT NO. 2014 -347 — Eric R. Carlson & John E. Baird, HPPA# 2014 -54, 2441 North Riverside Drive (Henderson House), Recommended Approval Date / Vote by HRC: 11/20/14, 7:0:1 (McLoughlin abstained) 25B. AGMT NO. 2014 -348 — AMENDMENT - RENTAL AND INSTALLATION OF EQUIPMENT - {STRATEGIC PLAN NO. 5, 5C) - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Al Part, increasing the compensation by $2,939.06 for the Sunday On Main Open Streets event (SOMOS) , total compensation not to exceed $51,970.06, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with WKE, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, for a two -year period expiring December 2, 2016, with the provision for one one -year extension exercisable by the City Manager, for a total agreement amount not to exceed $600,000. MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Martinez, Pulido, Reyna, Tinajero (5) CITY COUNCIL MINUTES 15 DECEMBER 2, 2014 1 0A -15 NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Sarmiento (2) 25D. AGMT NO. 2014 -350 - MEMORANDUM OF UNDERSTANDING (C -4 -1772) FOR THE 17TH STREET GRADE SEPARATION {STRATEGIC PLAN NO. 6, 1, G) - Public Works Agency MOTION: Authorize the City Manager to execute the Memorandum of Understanding between the Orange County Transportation Authority and the City of Santa Ana defining the roles and responsibilities for preparation of a Project Report Equivalent and Environmental Document for the 17th Street Grade Separation at the Los Angeles -San Diego -San Luis Obispo Rail Corridor. 25E. AGMT NO. 2014 -351 - RIGHT OF ENTRY AND LICENSE TO CONSTRUCT AND MAINTAIN IMPROVEMENTS IN THE ALLEY NORTH OF SECOND STREET BETWEEN BROADWAY AND SYCAMORE STREET {STRATEGIC PLAN NO. 3,4,A} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Right of Entry and License Agreement with Corbiz, LLC,. subject to nonsubstantive changes approved by the City Manager and City Attorney. *Councilmember Martinez abstained due to potential conflict of interest. CONDITIONAL USE PERM ITIVARIANCES 31A. CONDITIONAL USE PERMIT NO. 2014 -33 FOR A TYPE 47 ALCOHOL BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014 -34 TO ALLOW AFTER -HOURS OPERATION UNTIL 2:00 A.M., CONDITIONAL USE PERMIT NO. 2014 -35 TO ALLOW A BANQUET USE, AND CONDITIONAL USE PERMIT NO. 2014 -42 TO ALLOW AN INDOOR COMMERCIAL RECREATION USE FOR THE COPPER DOOR AT 225'/2 NORTH BROADWAY — ALVIN OH, APPLICANT {STRATEGIC PLAN NOS. 3, 2 AND 3, 4) — Planning and Building Agency Planning Commission approved recommended action on November 24, 2014, by a vote of 5 -0 (Alderete and Yrarrazaval absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -33, Conditional use Permit No. 2014 -34 as conditioned, CITY COUNCIL MINUTES 16 DECEMBER 2, 2014 1OA -16 Conditional Use Permit No. 2014 -35 as conditioned, and Conditional Use Permit No. 2014 -42 as conditioned. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR RESOLUTIONS 55A. FRENCH COURT PERMIT PARKING DISTRICT {STRATEGIC PLAN NO. 5, 4) - Public Works Agency The following speakers spoke in support of the permit. • Ellen Diamond, spoke in support of the proposed permit parking district. • Diane Ashbough, echoed support for the permit parking district. MOTION: Adopt a resolution. RESOLUTION NO. 2014 -081 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND SUPERCEDING RESOLUTIONS NO. 93 -090, NO. 94 -012, AND RESOLUTION 2000 -037 REGARDING THE FRENCH COURT PERMIT PARKING DISTRICT MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Martinez, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Sarmiento (2) 55B. ADOPTION OF A RESOLUTION DESIGNATING OCTOBER 26 OF EACH YEAR AS REPUBLIC OF VIETNAM DAY— City Manager's Office Staff directed to prepare resolution in support of Republic of Vietnam Day as discussed on Agenda Item 85A on November 18, 2014 City Council Meeting. The proposed resolution designates the date of October 26 of each year as the Republic of Vietnam Day to honor the Republic of Vietnam and recognize the enormous sacrifices and contributions of its army, people, elected and governmental officials as well as the American soldiers, the Vietnam War Veterans, and the allied armies and their families. CITY COUNCIL MINUTES 17 DECEMBER 2, 2014 1 0A -17 The following speaker spoke in support of resolution: Ilya Tseylin. MOTION: Adopt resolution. RESOLUTION NO. 2014 -082 - RESOLUTION ESTABLISHING OCTOBER 26TH OF EACH YEAR, AS THE REPUBLIC OF VIETNAM DAY TO HONOR AND COMMEMORATE THE CONTRIBUTIONS AND SACRIFICES OF ELECTED AND GOVERNMENTAL OFFICIALS FROM THE REPUBLIC OF VIETNAM, AND THOSE COMMUNITY MEMBERS FROM THE REPUBLIC OF VIETNAM AS WELL AS AMERICAN SOLDIERS, VIETNAM WAR VETERANS, ALLIED ARMIES, AND THEIR FAMILIES MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Martinez, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Sarmiento (2) REPORTS 65A. BUDGET CALENDAR FOR FISCAL YEAR 2015 -2016 (STRATEGIC PLAN NO. 4, 1) - Finance & Management Services MOTION: Approve the Budget Calendar for fiscal year 2015 -2016. MOTION: Martinez SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) 65B. AUTHORIZE STAFF TO PREPARE DOCUMENTS FOR PROPOSED WATER AND SEWER RATE ADJUSTMENTS {STRATEGIC PLAN NO. 6, 1, H) - Public Works Agency CITY COUNCIL MINUTES 18 DECEMBER 2, 2014 1 0A -18 MOTION: Authorize and direct staff to prepare all required documents necessary to proceed with notification of proposed water and sewer rate adjustments in compliance with Proposition 218 requirements, including, but not limited to, all of the following: a) Prepare and mail proposed rate adjustment notices to all Santa Ana property owners in compliance with Proposition 218 requirements; b) Schedule a public hearing at a future Council meeting; c) Prepare all other documents required to proceed with water and sewer rate adjustments. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) *Mayor Pulido and Councilmember Martinez abstained on Agenda Item 75A due to potential conflict of interest. PUBLIC HEARINGS 75A. PUBLIC HEARING — 2015 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT (STRATEGIC PLAN NO. 3, 4F) - Community Development Agency Legal Notice published in the Orange County Register November 7, 2014. Due to a lack of quorum and eligible members to consider the item, City Manager directed matter to be continued to the December 2, 2014 City Council meeting. Legal Notice re- published in the Orange County Reporter November 21, 2014. No written protest received. MOTION: 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2015 for the Downtown Santa Ana Business Improvement District. CITY COUNCIL MINUTES 19 DECEMBER 2, 2014 1 0A -19 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. If the Council determines that no valid majority protest was lodged, adopt a resolution confirming the Assessment Report and levying the assessment for 2015. RESOLUTION NO. 2014 -083 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR CALENDAR YEAR 2015 MOTION: Amezcua VOTE: AYES: NOES: ABSTAINED AND NOT PRESENT: ABSENT: WORK STUDY SESSION SECOND: Benavides Amezcua, Benavides, Reyna, Tinajero (4) None (0) Martinez, Pulido (2) Sarmiento (1) WS -A. MOBILE VENDING TRUCKS - Planning and Building Agency Presentation by Alvaro Nunez, Community Preservation Coordinator: Types of Vending Vehicles • Catering Vehicles • Sells hot and prepared foods. • Currently 105 catering vehicles with active business licenses. Types of Vending Vehicles • Produce Vehicles • Sells vegetables, fruit, candy, milk, etc. • Currently 120 produce vehicles with active business licenses. Mobile Vending Positives • Provides access to food and other convenience items in dense neighborhoods • Easily accessible to those without transportation • Sometimes extend credit for purchases • Can act as "eyes on the street' due to their continual presence CITY COUNCIL MINUTES 20 DECEMBER 2, 2014 1 OA -20 Legislative History • 1994 — City adopted ordinance to regulate mobile vending • 1997 — Court injunction to cease enforcement of the regulations • 2004/05 — City adopted new regulations • 2006 — Ordinance challenged in both State and Federal Court • State Superior Court issued injunction to cease enforcement of: • Hours of operation • Requirement to move every 90 minutes • Revocation of City permits • Federal District Court issued a Temporary Restraining Order prohibiting enforcement of all aspects of the ordinance. Common Concerns: Neighborhood Quality of Life • Concentration of vending vehicles on neighborhood streets • Loud noise Damage to parkways Overnight parking in residential zones • Vehicles not returning to commissaries • Vendors taking up limited parking spaces • Late night operation Common Concerns: Neighborhood Quality of Life Common Concerns: Public Health • Don't provide enough healthy food choices • Sales of single cigarettes, fireworks, toy weapons • Trash and litter accumulation • Public urination • Failure to comply with Orange County Health standards Common Concerns: Public Safety • Parking too close to intersections and driveways — blocks visibility at crosswalks and sidewalks • Mid -block pedestrian crossings to reach trucks • Tables and chairs blocking sidewalks or set up in the road • Can become targets for graffiti and gang identification Existing Enforcement Tools Can Address: • Obstruction on parkways /sidewalks • Illegal or unsafe parking • Trash • Public urination • County health standards • Business license • Graffiti • Noise CITY COUNCIL MINUTES 21 DECEMBER 2, 2014 1 OA -21 Council discussion ensued. Unanimous consent to provide options, quantify consequences and address food providers and healthy choices; staff to consider moratorium on new mobile vending trucks to allow City Council to evaluate options. Staff to prepare memo to City Council on current policy. Matter will be brought back in February 2015 for further discussion. RECESSED THE CITY COUNCIL MEETING AT 7:51 P.M. AND CONVENE THE HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 7:52 P.M. WITH SAME MEMBERS PRESENT COMMENTS PUBLIC COMMENTS • Michael Klubnikin, concerned with court system process. • Connie Hamilton, reported that January 27, 2015 the County will have a Special Election to vote on 1St District Supervisor, filing period ends December 27t" 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Noted that City Council has responsibility to set good policy; • Thanked the community for participating in the Complete Streets workshops; • Reported on upcoming City event — Fiesta Navidad to be held on Saturday, December 13th; • Acknowledged Parks and Recreation staff on grand opening of outdoor exercise park; • Congratulated Karen Haluza on upcoming promotion as Community Development Director with the City of Fullerton; • Proposed moratorium new mobile vending truck license; and • Reported attendance at annual NALEO Conference in Washington DC, not City funded. Councilmember Amezcua: • Commented on President Obama's new initiative on My Brother's Keeper; • Spoke of illegal fireworks; draft ordinance to mitigate illegal fireworks for the coming year; and • Commented service of Karen Haluza and wished her well. Councilmember Reyna: CITY COUNCIL MINUTES 22 DECEMBER 2, 2014 1 OA -22 • Encouraged all to conserve water; • Recognition of veteran's important; City holding monthly flag raising ceremony at the Main Library; • Attended My Brother's Keeper meeting - well attended; • Appreciate hard work and institutional knowledge that Karen Haluza takes with her; wished her well in her new endeavor; • Look forward to attending boxing match of April Rocha in the near future; • Support our law enforcement agency; need to provide tools for success such as body cameras; and • Asked all to shop in Santa Ana. Councilmember Benavides: • Encouraged staff review design components — lighting and architecture of Agenda Item 25C; • Attended My Brother's Keeper meeting, met with White House staff recently to discuss resources to support young men of color; • Thanked City management for Christmas decorations and festive environment along 4th Street; • Invited all to Council Installation on December 9th; • Thanked Karen Haluza for dedication and service to the community; and • Wished all Happy Holidays and Merry Christmas. Mayor Pro Tern Tinajero: • Appreciate the hard work of Karen Haluza; extended well wishes in her new role with the City of Fullerton; • Reported that he attended New American Leaders Project (NALP), Power and Policy Conference in Washington DC along with Councilmember Amezcua; • Directed staff to memorialize capital improvement projects and recognize officials that made that possible; and • Congratulated all recipients of certificates especially Pop Warner Cheerleaders and wished them good luck in upcoming competition. Mayor Pulido: • Recognized all employees service award recipients and acknowledged service of Karen Haluza; and • Commended Mayor Pro Tern Tinajero for being inducted into the International Teacher's Hall of Fame. ADJOURNED- 8:18 p.m. - The next regular meeting of the City Council is scheduled for Tuesday, December 16, 2014 at 5:00 p.m, for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. CITY COUNCIL MINUTES 23 DECEMBER 2, 2014 1 OA -23 Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Solar Permit Fee Waiver • Proactive Rental Enforcement Program Renewal • Water and Sewer Rate Update CITY COUNCIL MINUTES 24 DECEMBER 2, 2014 1 OA -24 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 9, 2014 CALLED TO ORDER ATTENDANCE PRESENTATION OF THE COLORS INVOCATION PLEDGE OF ALLEGIANCE PUBLIC COMMENT - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:16 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council HONOR GUARD, SANTA ANA POLICE DEPARTMENT BOB BARNETT. POLICE CHAPLAIN ISABEL PULIDO, ANAIS & AEDAN BENAVIDES, BROOKE MARTINEZ, AND GRACE & VINCENT TINAJERO CITY COUNCIL MINUTES 1 DECEMBER 9, 2014 1OB -1 REGULAR BUSINESS ITEM 55A RESOLUTION DECLARING THE NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION RESULTS: CITY MEASURES AND THE ELECTION OF CERTAIN OFFICERS Measure AA considered and approved by the voters at said election, adopts: ORDINANCE NO. NS -2860 - AN ORDINANCE OF THE PEOPLE OF SANTA ANA MODERNIZING THE TELECOMMUNICATIONS UTILITY USERS TAX AND REDUCING THE UTILITY USERS TAX RATE FOR TELECOMMUNICATIONS, ELECTRICITY, GAS AND WATER FROM 6 %TO5'/2% Measure BB considered and approved by the voters at said election, adopts: ORDINANCE NO. NS -2864 - AN ORDINANCE OF THE PEOPLE OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE MUNICIPAL CODE TO DELETE AND REPLACE ARTICLE XIII, TO DELETE SECTION 41 -121, DELETE SUBSECTION (B) OF SECTION 41 -144, AND AMEND ARTICLE XII OF CHAPTER 21 BY ADDING SECTIONS 21 -126, 21 -127, 21 -128, 21 -129 AND 21 -130 TO REGULATE THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES Measure CC considered by the voters was unsuccessful. Voter proposed initiative had competing measure that prevailed. Ordinance No. NS -2868 is hereby rejected. MOTION: Adopt a resolution. RESOLUTION NO. 2014 -084 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2014 MOTION: Benavides VOTE: AYES NOES: ABSTAIN ABSENT: SECOND: Martinez Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) CITY COUNCIL MINUTES 2 DECEMBER 9, 2014 10 B -2 OATHS OF OFFICE ADMINISTERED TO: NAME Miguel Pulido Michele Martinez David Benavides Sal Tinajero CALLED TO ORDER ATTENDANCE TITLE Mayor Councilmember, Ward 2 Councilmember, Ward 4 Councilmember, Ward 6 - 2014 -2016 CITY COUNCIL - REGULAR BUSINESS ITEM BY Frank Barbaro Hasan Ikhrata Eduardo Benavides, Jr. Jennifer Tinajero COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:56 P.M. COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council 60A ELECTION OF MAYOR PRO TEM The Mayor called for nominations. CITY COUNCIL MINUTES 3 DECEMBER 9, 2014 10 B -3 Councilmember Benavides nominated Michele Martinez, Councilmember Amezcua nominated Sal Tinajero and Councilmember Martinez nominated Vincent Sarmiento. Councilmember Tinajero seconded nomination of Vincent Sarmiento. By acclamation of the full City Council, Councilmember Vincent Sarmiento was elected Mayor Pro Tem. CLOSING REMARKS Councilmember Martinez • Congratulated all on reelection and Vincent Sarmiento on Mayor Pro Tem election; Councilmember Benavides for nomination as Mayor Pro Tem; and voters for electing her for another 4 years; • Thanked family for support; will be going back to school to receive her Master's Degree; look forward to representing City on regional boards; will step down from council committees except for Finance, Economic Development & Technology Committee; • Thanked staff; and • Will be appointing new commissioners and asked residents to apply. Mayor Pro Tem Sarmiento • Congratulated colleagues on re- election; thanked Sal Tinajero for leadership as Mayer Pro Tem; and • City doing well and look forward to next 4 years. Councilmember Tinajero • Congratulated Vincent Sarmiento on Mayor Pro Tem election; • Important to strategize and lead; • Proud of City Council's effort in solving financial issues; sponsor gay pride parade and Competing measure to better regulate and legalize medical marijuana; • Leadership of Councilmember Reyna key in promoting youth programs; • City has surplus that will be used for infrastructure improvements, community programs and employee salaries; and • Noted that City has best tasting water in United States. Councilmember Amezcua • Congratulated all on re- election and Mayor Pro Tem Sarmiento on election; • Thanked Councilmember Martinez for her service on various council committees — balance of Council need to serve on committees; • City financially stable; and • Congratulated Angi Christensen, her secretary, on her retirement at the end of the month. CITY COUNCIL MINUTES 4 DECEMBER 9, 2014 10 B -4 Councilmember Reyna • Congratulated all on successful re- election campaigns; • Reflected on past two years since elected to the City Council; working collectively has turned the City in the right direction; and • Wished all success. Councilmember Benavides • Extended congratulations to all re- elected - enjoy working with the team; community leaders, business owners and staff working together, best days ahead; • City moving in positive direction; • Shared bible passage that provides strength and hope; look forward to next 4 years and working with faith based community; • Need to invest in challenging neighborhoods; neighborhood initiatives and commitment to better deal with homeless community; • Need to brand our City coupled with economic development; and • Encourage all to shop in Santa Ana. Mayor Pulido • Congratulated all on re- election; voters unanimously re- elected all incumbents; • City needs quality development and cutting edge technology; • Artist village and downtown exciting place to work, live and play; • Vision for potential projects at Willowick and construction of One Broadway Plaza; and • Committed to City and working together and reach new greatness. ADJOURNED- 7:19 p.m. - The next regular meeting of the City Council is scheduled for Monday, December 16, 2014 at 5:00 for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California.. Installation Reception at Bowers Museum, 2002 N. Main Street Santa Ana, CA Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 5 DECEMBER 9, 2014 1 OB -5 IU REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR NOVEMBER 2014 (STRATEGIC PLAN NO. 5, 1) !��Rz � CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for November 2014. DISCUSSION The November 2014 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Attachments: Strategic Plan Monthly Report - November 2014 19C -1 19C -2 City of Santa Ana Strategic Plan Summary - November 2014 This summary overview provides the current status of strategies within each goal. Additional details are included in the Monthly report. 19C -3 SUMMARY Goal #1 Community Safety 14 20 N 12 n 16 y 5 m 00 v ^ 6 m 0 9 3 0 Z2 ■ 0 0 0 ° Z 5 1 2 0 6 0 4 4 a 0 -24% 25 -49% 50 -74% 75 -100% v 3 m Goal #3 Economic Development 2 1 10 9 ■ 8 w 0 -24% 25 -49% 50 -74% 75 -100% 6 a 6 Goal #6 Community Facilities & n Infrastructure 6 4 `o y 4 zd 2 1 0 0 2 1 6 Z 0 -24% 25 -49% 50 -74% 75 -100% 0 -24% 25 -49% 50 -74% 75 -100% Goal #5 Community Health, Livability, Percentage Completed Color Key: Engagement & Sustainability 0 0 - 24% Necessary steps to accomplish the 20 strategy are in early development. ®25 17 15 O 50 - 74% Strategy is currently being implemented. m O 75 - 100% Significant progress has been made 10 towards the completion of the strategy or strategy H has been fully implemented. 6 6 5 4 4 z . 0 0 -24% 25 -49% 50 -74% 75 -100% Goal #7 Team Santa Ana 6 5 5 5 5 v m a 4 A o c 2 z 0 0 -24% 25-49% 50-74% 75 0b', 19C -3 SUMMARY Goal #2 Youth, Education, Recreation 14 12 N 12 n 10 v m 8 ^ 6 0 4 3 0 Z2 ■ 0 0 0 0 -24% 25 -49% 50 -74% 75 -100% Goal #4 City Financial Stability 6 4 4 a 4 v 3 m 0 2 1 z ■ 0 0 -24% 25 -49% 50 -74% 75 -100% Goal #6 Community Facilities & Infrastructure 6 5 y 4 a 4 M N `6 2 1 6 Z 0 ■0 0 -24% 25 -49% 50 -74% 75 -100% Percentage Completed Color Key: 0 0 - 24% Necessary steps to accomplish the strategy are in early development. ®25 - 49% Work efforts are underway to begin implementation of the strategy. 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N U � T L C O r N 19C -25 o 'o 'o 'o w 0 0 o o O o m o m O 0 0 0 0 ei°i 0 a E v II n LL LL °ry LL LL LL LL ry LL E � v " E ° 0 0 0 ' mot - �d o „ .a > A o z ma= - > O O u L N 3 w n 0. O e4 y° w C 9 °O d m p 0 v a E 3 q c A i m cs E a E n 'q o � m >o n o u E b o n c° c E c o cm o m EF b m EF wo - c c ° °°. �o : '° `o i osb, "-' i.Ei Oc ° n qa • -° E °-' o•" Er = Ea o E v v o m v o c ° z u 6 r =\°� 3 m °b C o V y E > s a `° o � a a v oa o a b v i n - « uw A E `o o o o o o x b E e v �n _o' iq Zim v vG d y o o b a n - m n c$ R c v v o - °m v b o b> E b E S o_ o >i '°a o z 3 u A3 W Ea yea v d° co a� n c y' `° b y >° si p1 c u o N 6 n a s > `° n i 6 I o f 00 0 sE o a O a `o u 3 19C -25 k / 7 ) \ I § � 2 19C-26 rH :E kL,5 V t < E \. \ \ \ \ \ \ \\ }\. \ \ ! ;(!] \j / #§\! j/\ \\\ } / \ / \\()$ {)\b )\ \\ \ \e \. \ \ \ \ \/ \\ \\\ \/ }\ \\ \ \ \\ \� \ / 2 / \\ \\ bc \p tg 100 .. 19C-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 20'14 TITLE: APPROPRIATION ADJUSTMENT FOR CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS LAW ENFORCEMENT FUNDING (STRATEGIC PLAN NO. 1, 3B) (� CITY MANAG R RECOMMENDED ACTION VNRR• 0 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $642,464 in Board of State and Community Corrections Local Assistance law enforcement funds from the California Board of State and Community Corrections in the Police Block Grants revenue account and appropriate same to the grant expenditure account. DISCUSSION Legislation associated with the California 2011 Budget Act established the Board of State and Community Corrections (BSCC) as an independent entity, effective July 1, 2012. The BSCC assumed the previous functions of the Corrections Standards Authority, as well as other public safety programs previously administered by the California Emergency Management Agency. As part of the 2013 State Budget Act, $27.5 million for Local Assistance was appropriated for city police departments, with the allocation formula to be developed by the BSCC in consultation with the Department of Finance. The 2014 allocation is $40 million, a 45 percent increase. The California Police Chiefs Association (CPCA), on behalf of local law enforcement agencies, presented to the BSCC an allocation formula based upon the regional needs in each county. In its proposal, the CPCA proposed that the funds could be used regionally and in cooperation with other agencies, and with a focus on serious, violent crimes and habitually non - compliant offenders. The Santa Ana Police Department will use its appropriation to support these efforts. Orange County agencies were allocated a total of $2.39 million, with the Santa Ana Police Department receiving $642,464. 20A -1 Appropriation Adjustment for BSCC Funds December 16, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). FISCAL IMPACT The appropriation adjustment will recognize $642,464 in Local Assistance law enforcement funds from the California Board of State and Community Corrections in the revenue account (no. 12814002 52027) and appropriate same to expenditure account (no. 12814413 - various). ('J4� Carlos Rojas Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez j T Executive Director Finance & Mgmt. Services Agency 20A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: EXTEND PARTNERSHIP FUNDING AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON AND SOUTHERN CALIFORNIA GAS COMPANY (STRATEGIC PLAN NO. 5, 2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute amendments to partnership agreements with Southern California Edison and Southern California Gas Company, subject to nonsubstantive changes approved by the City Manager and City Attorney, to extend the term through June 30, 2016, and to increase the funding allocation by $70,000 and $28,000, respectively. 2. Approve an appropriation adjustment recognizing $70,000 and $28,000 in funding from Southern California Edison and Southern California Gas Company, respectively, and appropriating the same amount to the Public Works Administrative Services Contract Services - Professional account for fulfillment of the partnerships. DISCUSSION The California Public Utilities Commission (CPUC) authorized Southern California Edison (SCE) and Southern California Gas Company (SCG), in partnership with cities, to deliver energy efficiency programs to utility customers in their respective service areas. The City was awarded a partnership with SCE for 2010 -2012, which was extended to December 31, 2014, and a partnership with SCG for 2013 -2014. The focus of both partnerships is to jointly deliver energy efficiency information, training, and materials that benefit Santa Ana customers. The partnerships also optimize the City's opportunities for achieving short- and long -term energy savings and reduced utility bills, and assists City residents and businesses in understanding, managing, and reducing energy use and costs. Both partnership agreements end December 31, 2014. The CPUC recently authorized SCE and SCG to extend the Santa Ana partnership agreements to June 30, 2016. This will enable the continuation of energy efficiency programming through the partnerships. In addition, SCE has increased its reimbursement allocation by an additional $70,000, and SCG has increased its funding allocation by an additional $28,000 for this extension period. 20B -1 Extend Partnership Funding Agreements with Southern California Edison and Southern California Gas Company December 16, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with extending the agreements. However, continued implementation of energy efficiency programs and strategies will enhance the environment by improving air quality, reducing pollution, and conserving natural resources. FISCAL IMPACT The CPUC has approved the not -to- exceed allocations of $70,000 (SCE) and $28,000 (SCG) for the extension period. SCE and SCG will reimburse program expenditures incurred by the City for partnership projects. Funding is available in the Public Works Administrative Services Contract Services- Professional account (10117601- 62300). Reimbursement funds will be deposited in the Public Works Administrative Services Revenue Expense Reimbursement account (10117002- 57006). J, �_� Executive Director Public Works Agency FM /CLK APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Second Amendment to SCE Partnership Agreement 2. First Amendment to SCG Partnership Agreement 20B -2 SECOND AMENDMENT THIS SECOND AMENDMENT ( "SECOND AMENDMENT ") TO THE AGREEMENT TO JOINTLY DELIVER THE 2010 -2012 ENERGY LEADER PARTNERSHIP PROGRAM dated January 1, 2010 (the "Agreement ") is effective as of January 1, 2015 (the "Second Amendment Effective Date ") by and between SOUTHERN CALIFORNIA EDISON COMPANY ( "SCE ") AND THE CITY OF SANTA ANA. Terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. SCE may be referred to individually herein as the "Utility ". SCE and The City of Santa Ana may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the Parties previously executed the Agreement effective January 1, 2010 and subsequently amended the Agreement to extend its term through December 31, 2014 in accordance with the applicable decisions of the California Public Utilities Commission ( "Commission "); WHEREAS, on November 14, 2013, the Utility submitted its application ( "2015 Application ") for the implementation of energy efficiency programs to be delivered to California utility customers for the years 2015, which included the a continuation of The City of Santa Ana Partnership Program through 2015( "2015 Program "); WHEREAS, on October 24, 2014, the Commission issued its Decision D. 14 -10 -046. approving the continuation of the Energy Efficiency Partnership Programs, which includes the 2015 Program, and the Parties desire to extend the Agreement through 2015 under the terms and conditions set forth in the Agreement, except as otherwise provided in this Second Amendment; and WHEREAS, the Parties desire to further amend the Agreement as necessary to provide an authorized budget for the 2015 Program and to update the Agreement as required to reflect the extended 2015 Program cycle. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. To the extent applicable, any reference in the Agreement, as amended, to the "2010 -2012 Program" shall also hereby include the 2015 Program, SCE CONFIDENTIAL PTO 1 of 6 2. Section 1 I of the Agreement is hereby deleted in its entirety and replaced with the following: 11. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES Unless this Agreement is terminated pursuant to Section 25 below, or unless otherwise agreed to by the Parties or so ordered by the Comrnission, the Parties shall complete all Program Administrative activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2016, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2015, 3. Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following: 12. FINAL INVOICES The City must submit final invoices to the Utility no later than March 31, 2016. 4. Section 25.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 25.1 Term. This Agreement shall be effective as of the Effective Date. Subject to Section 37, the Agreement shall continue in effect until June 30, 2016 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 below. 5. Section 26 of the Agreement is hereby deleted in its entirety and replaced with the following: 26. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: The City: SCE: Public Works Agency Southern California Edison Company City of Santa Ana Irfan Parekh, Program Manager 20 Civic Center Plaza 1515 Walnut Grove Avenue Santa Ana, CA 92701 Rosemead, CA 91770 Notices shall be deemed received (a) if personally or hand - delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m. PST (or PDT, as applicable), or otherwise on the Business Day following personal delivery; (b) if mailcd, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next -day delivery. 6. This Second Amendment maybe executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. SCE CONFIDENTIAL 2 of 6 7. Exhibit B (ENERGY LEADER PARTNERSHIP PROGRAM 2010 -12 GOALS & PARTNER BUDGET) of the Agreement are hereby deleted in their entirety and replaced with the version of Exhibit B -1 (ENERGY LEADER PARTNERSHIP PROGRAM 2015 GOALS & PARTNER BUDGET FOR The City of Santa Ana attached to this Second Amendment, which attached versions are incorporated herein by reference and made a part of the Agreement. 8. General. From and after the Second Amendment Effective Date, any reference to the Agreement contained in any notice, request, certificate or other instrument, document or agreement shall be deemed to mean the Agreement, as amended by any prior amendments to the Agreement, and this Second Amendment. In the event of any conflict between the Agreement, as amended, and this Second Amendment, this Second Amendment shall prevail. All remaining provisions of the Agreement shall remain unchanged and in full force and effect. Each party is fully responsible for ensuring that the person signing this Second/Third Amendment on that party's behalf has the requisite legal authority to do so. SCE CONFIDENTIAL (SIGNATURES FOLLOW ON NEXT PAGE] rl- 3 of 6 IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed by their duly authorized representatives as of the Second Amendment Effective Date. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CAARRVALHO City 'to By: Jose ndovalf Chief ssistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency SCE: SOUTHERN CALIFORNIA EDISON COMPANY By: Name Printed: Kevin Payne Title: Senior Vice President, Customer Service Date: SCE CONFIDENTIAL rI- CITY OF SANTA ANA DAVID CAVAZOS City Manager :n, ri EXHIBIT B -1 ENERGY LEADER PARTNERSHIP PROGRAM 2015 GOALS & PARTNER BUDGET FOR SANTA ANA Program Cycle Partner Budget and Goals: 2015 Energy Savings Goal Maximum Partner Maximum Partner Maximum Partner 138 Budget Budget Budget Direct Implementation 20131 2014' 2015 Total: $210,818 $210,819 $422,339 Incentive: $110,818 $110,819 $322,339 Non - Incentive: (Marketing & Outreach, Technical Assistance, Direct Implementation and $100,000 $100,000 $100,000 Strategic Plan) 2015 Energy Savings Goal kWh kW 900,000 138 Budget Category 2015' Administrative $- Marketing & Outreach $70,000 Technical Assistance $30,000 Direct Implementation $_ Incentive $332,339 Strategic Plan $_ Total Partner Budget $422,339 2013 and 2014 Budget figures represent the total Authorized Budget, not the available remaining budget. The 2015 Budget was approved by the CPUC to be the third year of the 2013 -2014 Program. Unspent funds from 2013- 2014 may be carried over for use in 2015, in addition to the 2015 Budget. ' Budget category breakdowns are estimates of amounts that will be spent in each category. Actual Partner expenses maybe different, to the extent permitted by program rules and applicable CPUC decisions SCE CONFIDENTIAL 20B -7 5of6 ri- FIRST AMENDMENT THIS FIRST AMENDMENT TO THE AGREEMENT TO DELIVER THE 2013 -2014 ENERGY PARTNERSHIP PROGRAM dated January 1, 2013 (the "Agreement ") is effective as of January 1, 2015 by and between SOUTHERN CALIFORNIA GAS COMPANY ( "SCG ") AND THE CITY OF SANTA ANA. Terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. SCG may be referred to individually herein as the "Utility" or collectively as the "Utilities ". The Utilities and The City of Santa Ana may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, the Parties previously executed the Agreement effective January 1, 2013 in accordance with the applicable decisions of the California Public Utilities Commission ( "Commission "); WHEREAS, on November 14, 2013, the Utility submitted its application ( "2015 Application ") for the implementation of energy efficiency programs to be delivered to California utility customers for the years 2015, which included a continuation of the Santa Ana Energy Efficiency Partnership Program through 2015 ( "2015 Program "); WHEREAS, on October 16, 2014, the Commission issued its Decision 14 -10 -046 approving the continuation of the Energy Efficiency Partnership Programs, which includes the 2015 Program, and the Parties desire to extend the Agreement through the year 2015 under the terms and conditions set forth in the Agreement, except as otherwise provided in this First Amendment; and WHEREAS, the Parties desire to further amend the Agreement as necessary to provide an authorized budget for the 2015 Program and to update the Agreement as required to reflect the extended 2015 Program cycle. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. To the extent applicable, any reference in the Agreement, as amended, to the "2013 -2014 Program" shall also hereby include the 2015 Program. SOCALGAS CONFIDENTIAL rl- • 1 of 5 2. Section 11 of the Agreement is hereby deleted in its entirety and replaced with the following: 11. END DATE FOR PROGRAM AND ADMINISTRATIVE ACTIVITIES Unless this Agreement is terminated pursuant to Section 25 below, or unless otherwise agreed to by the Parties or so ordered by the Commission, the Parties shall complete all Program Administrative activities (as defined in the PIP) and all reporting requirements by no later than March 31, 2016, and all Direct Implementation and Marketing & Outreach activities by no later than December 31, 2015. 3. Section 12 of the Agreement is hereby deleted in its entirety and replaced with the following: 12. FINAL INVOICES The City must submit final invoices to the Utility no later than March 31, 2016. 4. Section 25.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 25.1 Term. This Agreement shall be effective as of the Effective Date. Subject to Section 37, the Agreement shall continue in effect until June 30, 2016 unless otherwise terminated in accordance with the provisions of Section 25.2 or 30 below. 5. Section 26 of the Agreement is hereby deleted in its entirety and replaced with the following: 26. WRITTEN NOTICES Any written notice, demand or request required or authorized in connection with this Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally recognized overnight courier, or first class mail, postage prepaid, to the address specified below, or to another address specified in writing by a Party as follows: The City: City of Santa Ana Director of Public Works 20 Civic Center Plaza, M -21 City of Santa, CA 92701 Tel: (714) 647 -5654 Fax: (714) 647-5622 SCG: Southern California Gas Company Paulo Morais, Energy Programs Supervisor 555 W. Fifth Street, GT28A4 Los Angeles, CA 90013 Tel: (213) 244 -3246 Fax: (213) 244-8252 Email: PMorais @semprautilities.com Notices shall be deemed received (a) if personally or hand - delivered, upon the date of delivery to the address of the person to receive such notice if delivered before 5:00 p.m. PST (or PDT, as applicable), or otherwise on the Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission, followed by telephone notification of transmission by the noticing Party; or (d) if by overnight courier, on the Business Day following delivery to the overnight courier within the time limits set by that courier for next -day delivery. SOCALGAS CONFIDENTIAL 2 of 5 20B -10 6. This First Amendment maybe executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to be one and the same instrument. Exhibit B (Southern California Gas Company GOALS & CITY OF SANTA ANA ENERGY PARTNERSHIP BUDGET) of the Agreement are hereby deleted in their entirety and replaced with the version of Exhibit B Southern California Gas Company 2015 GOALS & PARTNER BUDGET FOR The City of Santa Ana attached to this Second Amendment, which attached versions are incorporated herein by reference and made a part of the Agreement. General. From and after the First Amendment Effective Date, any reference to the Agreement contained in any notice, request, certificate or other instrument, document or agreement shall be deemed to mean the Agreement, as amended by any prior amendments to the Agreement, and this First Amendment. In the event of any conflict between the Agreement, as amended, and this First Amendment, this First Amendment shall prevail. All remaining provisions of the Agreement shall remain unchanged and in full force and effect. Each party is fully responsible for ensuring that the person signing this First Amendment on that party's behalf has the requisite legal authority to do so. SOCALGAS CONFIDENTIAL [SIGNATURES FOLLOW ON NEXT PAGE] 20B -11 3of5 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their duty authorized representatives as of the First Amendment Effective Date. THE CITY: ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jose doval Chic ssistant City A ey- RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency SOCALGAS: SOUTHERN CALIFORNIA GAS COMPANY By: Name Printed: Frank Spasaro Title: Energy Efficiency Partnerships Manager Date: SOCALGAS CONFIDENTIAL CITY OF SANTA ANA DAVID CAVAZOS City Manager 20B -12 4of5 EXHIBIT B CITY OF SANTA ANA and SOUTHERN CALIFORNIA GAS COMPANY PARTNERSHIP 2013 -2015 GOALS & PROGRAM BUDGET Natural Gas Savings Target: Other non - resource goals are contained in the SCG PIP in Exhibit B -2 2013 -15 SCG Santa Ana Partnership 2013 -2015 Partnership Total Non - Incentive Budget 2013 2014 2015 3 -year Total SCG 9,000 Therms 10,000 Therms 9,500 Therms 28,500 Therms Other non - resource goals are contained in the SCG PIP in Exhibit B -2 2013 -15 SCG Santa Ana Partnership 2013 -2015 Partnership Total Non - Incentive Budget $223,228 2014 2015 SCG Authorized Budget $0,000 $0,000 $0,000 Marketing &Outreach Total Utility Authorized Budget $139,228 $8,000 Direct Implementation $20,000 $20,000 Partner Authorized Budget $84,000 2013 -15 Total Non - incentive Program Budget $223,228 Projected Allocations for Santa Ana Partnership Authorized Budget $84,000 (1) 2015 Budget was approved by the CPUC to be the third year of the 2013 -2014 Program. Unspent funding from 2013 -2014 may be used with the 2015 approved budget. SOCALGAS CONFIDENTIAL 20B -13 5of5 2013 2014 2015 Administration $0,000 $0,000 $0,000 Marketing &Outreach $8,000 $8,000 $8,000 Direct Implementation $20,000 $20,000 $20,000 (1) 2015 Budget was approved by the CPUC to be the third year of the 2013 -2014 Program. Unspent funding from 2013 -2014 may be used with the 2015 approved budget. SOCALGAS CONFIDENTIAL 20B -13 5of5 20B -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: CONTRACTS AMENDMENT FOR DESKTOP COMPUTERS, LAPTOPS, MOBILE DEVICES & RELATED EQUIPMENT (SPEC. NO.14 -033) (STRATEGIC PLAN NO. 1,2A; 2,3131 CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contracts for the purchase of desktop computers, laptops, mobile devices and related equipment terminating August 4, 2015 in the amount of $320,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Direct Manufacturer: Dell Computer Corp. DISCUSSION Value -Added Resellers: CDW Government, LLC CherryStonelT, Inc. Insight Investments Vology On August 5, 2014, Council approved a one -year contract for computers, laptops, mobile devices and related equipment to initiate the deployment of the City -wide PC plan. Under this contract the Information Services Division (ISD) has begun replacing desktop computers in areas identified throughout the organization where upgrading technology will increase efficiencies and enhance daily operations of staff. Given the limited resources allocated for replacement, the Santa Ana Police Department has developed a replacement schedule that accelerates the replacement of their equipment to ensure staff has equipment that optimizes productivity and increases efficiencies within the department. Moreover, the Department of Justice's, Criminal Justice Information Systems (CJIS) has mandated that law enforcement agencies follow strict guidelines in protecting, transmitting and storing Criminal Justice Information (CJI). A large portion of the Police Department's machines are over five years old and run on an operating system that does not support the security patches as required by CJIS. This plan addresses that concern by increasing the replacement schedule the first year to ensure the machines that run the software are in compliance with the federal statute. The initial increase in cost will be offset in the following years. Once in place, the 22A -1 Contracts Amendment for Desktop Computers Laptops, Mobile Devices and related equipment December 16, 2014 Page 2 computer purchase plan will allow the Police Department to consistently replace one -fifth of its inventory every year, ensuring consistency in its IT environment as the Police Department becomes more and more reliant on technology. As such, the Police Department has identified additional funding to purchase computers, monitors and laptops, ensuring equipment needs meet the growing and changing demands of the current environment and the upcoming software integration system. In addition, the Parks, Recreation and Community Services Agency have identified a need for 16 desktops and 10 laptops and 13 mobile devices for public use. A large percentage of Santa Ana households do not have computer or internet access at home. Santa Ana is one of the youngest median age large cities in the nation, it is vital to have internet access readily available to as much of our community of youth as possible. The Santa Ana Public Library currently has the capacity to offer only a small number of computers for public use. In alignment with the Strategic Plan, the purchase of these PC's will allow for public computer access to promote the e- library services. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Strategy 2a. (purchase and implement a new integrated software system for the Police Department to improve productivity and increase efficiencies and transparency, Goal #2 Youth, Education, Recreation, Strategy 3d. (leverage the Roosevelt/Walker Prop 84 funding to ensure the new community center also serves as a Library with a focus on electronic media such as eBooks, internet, and remote check -out services from the Main Library). FISCAL IMPACT Funds are available in the Police Criminal Activities — D.O.J. account ($225,000 in 02614450- 63001), Finance Management Services- Computer PC /Hardware Replacement account ($50,000 in 10910 °48 -6320) d in the Rec. Comm. Services account ($45,000 in 01113230 - 63001). Carlos Rojas, Chief of Police Gerardo Mouet, Executive Director Police Department Parks Recreation & Community Services APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency EG S� 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: CONTRACT AWARD FOR COMMUNITY EDUCATIONAL MATERIALS AND EMPLOYEE SERVICE AWARDS (SPEC. NO. 14 -070) (STRATEGIC PLAN NO. 7,2) f:L z CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Is'Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to McVicker and Associates for educational and promotional materials, employee years of service awards, and silk screening and embroidery for a one -year period in the annual amount not to exceed $55,000, with provisions for two one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION City departments and agencies purchase a variety of educational and promotional materials, employee service awards, as well as silk screened and embroidered garments to operate City programs and activities. For example, the Public Works Agency (PWA) Water Resources Division is in the process of implementing a comprehensive water program and will require educational materials to educate the community about California's Drought State of Emergency and promote water conservation. Personnel Services purchases service awards to present to employees in recognition of their years of service to the City, and the Police Department purchases a variety of garments requiring custom silk screening and embroidery, as well as promotional items to promote recruitment. The City contracts with a number of vendors to provide citywide educational and promotional materials as well as employee service awards, and silk screening and embroidery. Quotes are solicited for each order and the vendor with the lowest quote is awarded the job. McVicker and Associates is routinely the lowest responsive vendor and therefore will exceed the $25,000 annual aggregate limit. Staff recommends approval of additional funds to allow for continued purchases of these supplies. 22B -1 Contract Award for Community Educational Materials and Service Awards December 16, 2014 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 Team Santa Ana, Objective #2 (establish communication plans to engage and inform employees and the community about City activities). FISCAL IMPACT Funds available in the various departmental Operating Materials & Supplies account (63001). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency - SH /sp J 22B -2 • A=" 0 a • CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: CONTRACT AWARD FOR GLOCK FIREARMS (SPEC. NO. 14 -086) {STRATEGIC PLAN NO.1, 5} CITY MANAGER CLERK OF COUNCIL USE ONLY: :-•:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Proforce Law Enforcement for the purchase of 215 Glock firearms in the amount of $24,500; and an additional $10,000 for an annual blanket order contract for a total amount not to exceed $34,500, subject to non - substantive changes approved by the City Manager and City Attorney. The Santa Ana Police Department issues officers equipment to assist them in their primary responsibility of protecting the community. This equipment includes Glock- manufactured firearms as standard issue side arms. Glock firearms allow for standardization in training and ammunition magazine interchangeability between officers. In the past, firearms have been replaced on an as- needed basis. However, a five -year equipment replacement plan has been developed to ensure compliance with industry standards and meet manufacturer replacement recommendations. This purchase of 215 duty firearms will address the department's immediate need and the 140 remaining replacements will be completed in subsequent years. Additionally, Proforce Law Enforcement provides taser batteries and ammunition magazines for the Police Department. The purchase of the Glock firearms, when combined with anticipated purchases during the current fiscal year, exceeds the $25,000 aggregate limit. In order to facilitate continued purchases of these supplies, $10,000 to set up a blanket order contract. STRATEGIC PLAN ALIGNMENT staff recommends approval of an additional Approval of this item supports the City's efforts to meet Goal # 1 Community Safety; Objective # 5 (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). 22C -1 Contract Award for Glock Firearms December 16, 2014 Page 2 FISCAL IMPACT Funds are available in the Police Department Criminal Activities - D.O.J. account (no. 02614450- 63001). Carlos Rojas Chief of Police Police Department EG /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco GutierrezoY- Executive Director Finance and Management Services Agency 220-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 18, 2014 TITLE: OUTDOOR ADVERTISING CONCESSION AGREEMENT WITH ALL VISION LLC (STRATEGIC PLAN NOS. 4,3; 6, 1; 3,4) CITY MANA ER CLERK OF COUNCIL USE ONLY: 022a *AM#_W ❑ As Recommended ❑ As Amended ❑ Ordinance on 10 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO n4LZlo , oe,(3111° FILE NUMBER g��rrr1� RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute a concession agreement with All Vision LLC ("All Vision ") for a period of five years, subject to non - substantive changes approved by the City Manager and City Attorney. Any services provided by All Vision LLC will be paid through a percentage of revenues from any funding advertising sales. BACKGROUND In November 2013, the Development and Transportation Council Committee recommended that staff begin exploring new opportunities for outdoor advertising, especially in the field of digital technology through electronic message displays (digital billboards). Since then, the City Council approved Zoning Ordinance Amendment No. 2013 -02 to allow the creation of regional planned sign programs and the use of electronic message displays for select commercial centers and attractions citywide. On May 30, 2014, the City released a request for proposals (RFP) seeking a qualified firm to provide outdoor advertising management services. The services detailed in the RFP were as follows: • Assist the City in developing an outdoor advertising ordinance. • Evaluate and analyze advertising opportunities on behalf of the City based on development feasibility and revenue potential. • Assist in developing a master plan for outdoor advertising that maximizes the City's ability to generate revenue through the pre- identification of the best situated billboard locations. • Assist in developing a long -term strategy for the design, construction, maintenance, operation and use of outdoor advertising assets. • Fully implement, manage, and facilitate the proposed plan(s) and development processes upon approval from the City. • Meet with all applicable local stakeholders and regulatory agencies. • Negotiate, enter into and manage agreements with sales organizations, where applicable, to sell advertising on behalf of the City. 25A -1 Agreement with All Vision November 18, 2014 Page 2 Assist in developing a plan for outdoor advertising on bus shelters in order to develop a revenue source that can be used to expand the number of bus shelters, provide for the ongoing maintenance of the bus shelters, and fund the design and construction of unique bus shelters that can be used as public realm improvements and placemaking tools. Ensure that the program results in no additional cost for the City. After receiving two proposals, staff carefully evaluated the responses and selected All Vision as the firm that is most able to respond to and address the City's criteria and long -term needs. All Vision staff has the requisite specialized skills and expertise in the area of program management and implementation, off -site advertising on digital billboards and bus shelters particularly with respect to long -term management post- construction and the firm's demonstrated ability to generate revenue for a variety of agencies. It is recommended that the All Vision outdoor advertising management services contract be approved to provide a means to supplement the Planning and Building Agency's efforts to identify additional opportunities for outdoor advertising and revenue generation for the City without incurring additional costs. DISCUSSION The proposed agreement would allow the City to work with All Vision to analyze the feasibility of new outdoor advertising opportunities citywide. All Vision would propose an Outdoor Advertising Strategic Plan that would include current competitive market analyses and site evaluations for potential digital billboard signage, components of a future billboard overlay zone and ordinance, analysis of transit shelter furniture with advertising, and formulating means for the City to use advertising revenues to fund expansion of existing transit shelter furniture citywide. Outdoor Advertising Strategic Plan The first component of the agreement would result in All Vision developing an Outdoor Advertising Strategic Plan to analyze development of new outdoor advertising locations citywide. To prepare the Strategic Plan, All Vision will work with City staff to identify existing outdoor advertising structures in Santa Ana along city streets and freeways, analyze City -owned properties suitable for potential digital billboard development, and develop a plan for construction of new outdoor advertising structures through digital billboards and /or transit shelter furniture. The Strategic Plan will contain multiple components, including: an analysis of sign development opportunities based on development feasibility and revenue potential; evaluation of current and potential value of signs located on City property best situated for revenue generation; current market research and competitive analyses; analysis of a potential new overlay zone and ordinance for private development of digital billboards; analysis and recommendations for the strategic placement of new transit shelter furniture with advertising components that incorporate unique designs for placemaking and community- oriented design; and evaluation of bundling opportunities for development of different types of outdoor advertising. These components will 25A -2 Agreement with All Vision November 18, 2014 Page 3 assist the City with identifying City -awned or private sites suitable for the development of new digital billboards, as well as identifying locations for new transit shelter advertising installments whose revenues could be used to fund construction and maintenance of additional transit shelter locations. Once potential sites have been identified by the City and All Vision for new outdoor advertising opportunities, All Vision would work with the City to pursue specific sites for entitlement, construction, licensing, and ongoing operations and maintenance. In the proposed development model, All Vision would lead construction of a signage installation opportunity and then license the sales of advertising to an outdoor advertising sales company. All Vision would recover its costs over an initial five -year period, after which the City would own the advertising structures. During the five -year initial cost recovery period, the City will be guaranteed a minimum compensation; the amount will increase once All Vision recovers its initial costs at the end of the five -year cost recovery period. Digital Billboards All Vision will analyze potential sites for City -owned or private development of digital billboards. Should options be limited for development of structures on City property, All Vision will prepare, as part of its Outdoor Advertising Strategic Plan, a proposal for a billboard overlay zone and ordinance that would allow for private -party digital billboard development and /or conversion of static billboards to digital technology in viable areas, subject to an entitlement process and development standards. All Vision would also draft recommendations for a fee structure to capture revenue from new or converted billboards, which could be used to expand or enhance transit shelter furniture installations citywide. Transit Shelters Through its Outdoor Advertising Strategic Plan, All Vision will also analyze opportunities for expanded transit shelter advertising and furniture installations citywide. All Vision would identify a franchisee to work with the City to maintain current transit shelters and street furniture. A key component of the program would identify new bus shelters and street furniture placement opportunities using designs that will also serve as a "placemaking" tool that represent the diverse communities and neighborhoods in Santa Ana. The City's current agreement for bus shelters and street furniture maintenance will expire in June 2015. The agreement provides for providing, maintaining, and repairing bus shelters and street furniture in tandem with outdoor advertising. Under the proposed agreement, All Vision would identify a franchisee for a new long -term agreement that would continue to provide, maintain, and repair bus shelters and street furniture. The shelters and furniture would incorporate outdoor advertising, and the franchisee would pay the City a minimum amount per month per transit shelter. This fee structure will allow for additional revenues as the number of transit shelter installations increases over time. 25A -3 Agreement with All Vision November 18, 2014 Page 4 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 4 City Financial Stability, Objective No. 3 (achieve a structurally balanced budget with appropriate reserve levels); Goal No. 6 Community Facilities & Infrastructure, Objective No. 1 (establish and maintain a Community Investment Plan for all City assets); and Goal No. 3 Economic Development, Objective No. 4 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT All Vision's consulting services, including preparation of the Outdoor Advertising Strategic Plan and its associated components, come at no cost to the City. Should the City pursue the digital billboards and /or transit shelters components, All Vision would collect percentages of revenues from advertising licenses. Digital 8iilboards The agreement with All Vision for outdoor advertising management services comes at no additional cost to the City. Based on preliminary staff analysis of the All Vision proposal, the licensing of current bus shelters, and the development of several new signage installation opportunities citywide would generate potential revenues to the City. As proposed, the development model guarantees a minimum $200,000 annually per two-sided digital billboard or 60% of revenues from advertising licenses on digital billboards after the five -year cost recovery period ends. During the five -year cost recovery period, All Vision guarantees the City a minimum $100,000 annually per two -sided digital billboard. Transit Shelters In addition, the Outdoor Advertising Strategic Plan would assist the City in identifying a franchisee that would guarantee a minimum amount and revenue allocation program for transit shelters citywide. If the City adopts All Vision's proposed Strategic Plan's transit shelter advertising components, All Vision would collect 30% of any revenues from advertising in excess of $95 per year for the first five years of the program's implementation. Combined, the digital billboards and bus shelters revenue could exceed one million dollars annually, depending on the ultimate build -out of bus shelters and signage installations throughout Santa Ana. Revenues received from these two components will be deposited into Outdoor Advertising revenue account (01116002- 50055). APPROVED AS TO FUNDS AND ACCOUNTS: vv .O Karen Haluza Interim Executive Director Planning and Building Agency AP:rb M ;Reports \SteB Reports for CCNIlvision RFCA 111814 Exhibit: 1. Agreement T 1\h mz -- Francisco Gutierrez Executive Director Finance & Management Services Agency i 25A -4 OUTDOOR ADVERTISING SERVICES AGREEMENT This Outdoor Advertising Services Agreement (this "Agreement "), made and entered into this day of . 2014, by and between All Vision, LLC, a Delaware limited liability company ( "All Vision "), and the City of Santa Ana, a charter city and municipal corporation of the State of California "City"). Recitals A. All Vision is engaged in the business of advising property owners regarding the use of their property for the installation and operation of commercial outdoor advertising signs and administering those signs and agreements related to the use of those signs on behalf of property owners. B. The City owns or has the right to use land that may be suitable for the installation of advertising signs and desires to engage All Vision as its exclusive advisor regarding the possible development of locations on City property for the City. C. The City further wishes to engage All Vision to assist In the possible development of a Digital Billboard Ordinance that may include an overlay zone to permit outdoor advertising signage in one or more areas within the City. 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: Article 1 BASIC PROJECT INFORMATION AND CONTRACT DOCUMENTS 1.1 Basic Project Information. The following terms have the meanings given below: Commencement Date: The date on which this Agreement has been mutually signed and delivered. Expiration Date: The fifth anniversary of the Commencement Date, subject to extension in writing for up to two extension periods of one year each in the sole and absolute discretion of the City Manager, as provided in section 2.2 below. City's Address for Notices: City of Santa Ana Attention: City Manager 20 Civic Center Plaza Santa Ana, CA 92702 All Vision's Addresses for Notices: All Vision, LLC Attention: CFO 1805 Shea Center Drive Suite 250 Highlands Ranch CO 80129 with a copy to: All Vision, LLC EXHIBIT 1 25A -5 Attention: President 1805 Shea Center Drive Suite 250 Highlands Ranch CO 80129 and a copy to: All Vision, LLC Attn: CEO 420 Lexington Avenue, Suite 1601 New York, NY 10170 1.2 Definitions. For the purposes of this Agreement, the following definitions apply: "Billboard Overlay Zone" means an area where a digital billboard can be constructed pursuant to a Digital Billboard Ordinance. "Digital Billboard Ordinance" means an ordinance that contains development standards and other parameters for the development of digital billboards within the Billboard Overlay Zone. "City Digital Face" means a digital billboard face at least 14 feet in height by 48 feet in width, facing freeway traffic, on a City Property Sign. "City Property" means all real property of the City, whether owned or leased by City, located in the City of Santa Ana, State of California. "City Property Sign" means a Sign located or to be located on any City Property pursuant to this Agreement and a Site Agreement. "City Sign Location" means each portion of City Property on which a Sign is located or that is designated for development of a City Property Sign in the approved Strategic Plan. "Costs of Construction and Maintenance" means the reasonable, documented costs incurred by All Vision to create any access road, construct foundations, obtain fabricated steel and digital screens, obtain other materials for Signs, install Signs, install electrical wiring and trenching for Signs, obtain materials for Signs themselves, obtain and install security fencing, anything required to maintain, clean and repair the Sign, and any other related expenses, but only to the extent it is reasonable to incur such costs for a Sign. "Direct Expenses" means all reasonable, documented out -of- pocket expenses described on a written budget approved in writing by the City and paid to third parties by All Vision for engineering, surveying, drilling, geotechnical services, legal work, permit or application fees, and other reasonable expenses of developing each Sign Location for the purposes provided in this Agreement, and any other expense designated in this Agreement as Direct Expenses. Direct Expenses shall not include internal costs such as compensation for the time of any directors, officers, or employees of All Vision, any overhead or administrative expenses which may be incurred by All Vision, or any payments to any person or entity owned by, controlled by, or under common ownership or control with All Vision unless otherwise approved in writing by the City, in its sole discretion. Direct Expenses shall include Costs of Construction and Maintenance, subject to the amortization requirements of Section 5.2(c). 2 25A -6 "Force Majeure" means severe weather, earthquake, flood, fire, natural disaster, shortages of labor, materials, fuel, power or transportation, act of war, terrorist attack, civil unrest, or other causes beyond the reasonable control of the parties, and any challenge to the issuance of governmental permits and approvals by third parties, but shall not include normal delays in the processing of governmental permits and approvals. "Operating Permits" means any permit required by applicable law specifically for the operation of a Sign on the Sign Location in question, including business licenses and certificates of occupancy as applicable, as distinct from generally applicable building and construction permits. "Sign" means any of various sizes and types of outdoor advertising displays, including static, digital, or mechanical (including tri- vision) and all other billboards, displays, signboards and other types of equipment and structures that may be appropriate for outdoor advertising purposes, including all supporting structures and other attached equipment used to operate the sign, but does not include transit furniture, transit shelters or other transit oriented assets. "Site Agreement' means an agreement between All Vision and the City entered into under which All Vision will construct, maintain and operate a Sign to be owned by the City and license the sales of advertising on the Sign to a third party advertising sales company that is not owned by, controlled by, or under common ownership or control with All Vision unless otherwise approved in writing by the City in its sole discretion. "Site Agreement Development Revenues" means the gross amount received by City and All Vision from sales of advertising on a Sign developed under a Site Agreement on account of that Sign. "Strategic Plan" means a plan that analyzes all potential outdoor advertising opportunities, including signage and transit oriented advertising, throughout the City of Santa Ana. Article 2 TERM OF AGREEMENT AND RELATIONSHIP OF THE PARTIES 2.1 Term. The term of this Agreement extends from the Commencement Date to the Expiration Date, Inclusive ( "Term "). The Term may be extended or terminated as provided in this Agreement or by mutual agreement of the parties. 2.2 Extension of Term by City Manager. The City Manager may, in the sole and absolute discretion of the City Manager, extend the Expiration Date by up to two extension periods of one (1) calendar year each by giving All Vision notice of that extension before the then - scheduled Expiration Date. 2.3 Independent Contractor. The relationship established between All Vision and the City by this Agreement is the relationship of independent contractor. This Agreement is not to be construed to establish any partnership or joint venture between All Vision and the City, and neither All Vision nor the City shall hold itself out to any third party as being participants in a joint venture, partnership or any other form of joint enterprise with respect to any Signs, the Transit Oriented Advertising Program, or any other activities pursuant to this Agreement. 3 25A -7 2.4 Exclusivity. The City shall not contract with any other person or entity to provide the same services or services similar to those provided by All Vision under this Agreement during the Term, except for services required by this Agreement that All Vision is Incapable and unwilling to perform. Article 3 DEVELOPMENTAND MARKETING PLANNING 3.1 Outdoor Advertising Strategic Plan (a) All Vision shall evaluate the opportunities for the marketing and development of Signs and transit oriented advertising in potential new City Sign Locations. All Vision shall prepare and submit to the City, within one year after the Commencement Date, a draft Strategic Plan that includes the following matters, among others that may be reasonably requested by the City: (1) an analysis of Sign development opportunities based on development feasibility and revenue potential; (2) evaluation of the current and potential value of prospective Signs and identification of the potential advertising locations on City Property that are best situated for the generation of advertising revenue; (3) relevant market and /or media research, planning and competitive analyses; (4) analysis of Billboard Overlay Zones that All Vision recommends be considered ias part of the Digital Billboard Ordinance; (5) analysis of a new advertising program for transit shelter and transit stop street furniture owned or controlled by the City or its agencies and any other transit oriented advertising assets the City or Its agencies own or control. This analysis will Include: (a) All Vision's recommendations regarding the potential advertising uses of transit - related City assets that would best maximize advertising revenue; (b) any recommendations All Vision may have regarding the potential upgrade of existing transit - related assets or acquisition of new transit - related assets that might improve advertising revenue; and (c) Recommendations regarding potential outdoor advertising design approaches that take into account City aesthetic, placemaking and community design goals in light of the value of potential new and upgraded advertising assets. (6) . evaluation of the possibility of bundling opportunities for development of different types of advertising media (e.g., bundling transit furniture opportunities with opportunities to develop Signs in an overlay district); and (7) any other matters reasonably requested by the City that are to be considered in the development of City Sign Locations. 4 25A -8 (b) In the course of the preparation, evaluation, and discussion of the Strategic Plan, and whenever otherwise appropriate in connection with All Vision's services under this Agreement, All Vision shall meet with all City personnel, regulatory agencies, and other stakeholders, including the California Department of Transportation and the Orange County Transportation Authority. The City shall act reasonably in considering, reviewing and approving the proposed Strategic Plan. If the City does not approve the Strategic Plan in its entirety, the parties shall cooperate reasonably to attempt to modify the Strategic Plan so as to gain City's approval. All Vision may revise and resubmit any proposed Strategic Plan to the City for approval.. 3.2 City's Documents and information. City shall make reasonable efforts to, promptly upon request, provide All Vision any and all records and documents which All Vision reasonably requests of the City as necessary or appropriate for All Vision's preparation of the Strategic Plan, except for documents and information that Applicable Law prohibits the City from disclosing, or which is privileged, including attorney - client communications and attorney work product. All Vision and City shall work cooperatively to ensure that All Vision and City's representatives are available for meetings to discuss the proposed Strategic Plan. 3.3 Restriction Period for Prospective Sign Locations Proposed by All Vision. Except for Signs installed pursuant to a Site Agreement, during the Term, the City shall not install, maintain or operate, and shall not permit any third party to install, maintain or operate, any new revenue - generating billboard or other revenue - generating advertising sign of any kind at any location on City Property that is identified as a prospective City Sign Location in the final Strategic Plan or any draft of the Strategic Plan submitted by All Vision under this Agreement. The foregoing restriction is not to be construed to prohibit the City from approving requests for building, sign or other permits in its ministerial capacity for outdoor advertising signage on privately owned property that will not result in any payment of revenue sharing or recurring fees to the City. 3.4 Access to Property. On condition that All Vision complies with the requirements of this Section 3.4 and any other material provisions of this Agreement pertaining to its activities on City Property, All Vision is granted the right to have access to City Sign Locations and prospective City Sign Locations for purposes of performing the activities contemplated by this Agreement subject to All Vision providing written communication to the City at least two business days in advance to coordinate access to City Property to avoid conflict between the City's operations and All Vision's services and to make any necessary arrangements for on -site safety measures. 3.5 Separate Compensation — Transit Oriented Advertising Program. If the City adopts a transit oriented advertising program and enters into a contract with a sales agent or other vendor for the implementation of that program that is negotiated with All Vision's assistance, the City shall pay All Vision 30% of the positive amount, if any, by which transit oriented advertising revenue exceeds $95.00 per month for each existing City transit shelter used to display advertising in each year during the five year period beginning on, and including, the date the City first receives revenue from the implementation of the transit oriented advertising program. The City shall pay the amount owed each year within 60 days after the end of the applicable calendaryear. 5 25A -9 Article 4 ZONING - RELATED SERVICES 4.1 Consulting Services. During the Term, All Vision shall, In conjunction with the preparation and implementation of the Strategic Plan, assist the City with the development of a Digital Billboard Ordinance to permit the construction and use of the Signs to be constructed under this Agreement and Site Agreements, which may also include the creation of an overlay zone to permit the construction and use of billboard advertising signs on private property. All Vision's services with respect to the development of the Digital Billboard Ordinance may include, among others the City may request and All Vision may agree to provide: (a) evaluation of draft ordinance provisions and related recommendations, from the perspective of its business experience developing and managing advertising signs; (b) recommendations regarding what areas of the City are likely to both have property that may be valuable for development of advertising signs and have a character compatible with advertising uses; (c) recommendations regarding the types of sign - related regulations that are likely to help the City enable the productive use of property for advertising purposes while mitigating possible adverse Impacts from that use; and (d) recommendations for a fee structure to capture revenue from new or converted digital billboards. Some or all of those recommendations may be included in the Strategic Plan or may be submitted separately. 4.2 Administrative Services. If a Digital Billboard Ordinance is adopted, All Vision shall provide the following additional services during the Term to assist the City in the administration of the Digital Billboard Ordinance, subject to the limitation provided in section 4.5 below: (a) Assist the City with the negotiation of terms with applicants seeking City development agreements or other agreements for Signs to be constructed pursuant to the Digital Billboard Ordinance; (b) Coordinate the permit application and review process and communication between the City and applicants relating to that process; (c) Monitor the progress of construction of Signs for which the City has issued permits; and (d) Monitor and audit the payments of amounts due under the development agreements or other agreements between Sign developers and the City. 4.3 Compensation. The City shall pay All Vision 30% of all revenues received by the City under any development agreements or other agreements entered into by the City (except for this Agreement and Site Agreements or other agreements under which All Vision acts as the developer of Signs) during the Term in connection with the approval, construction, operation, or use of Signs built in 6 25A -10 any overlay zone or other modified zoning established pursuant to the Digital Billboard Ordinance (excluding revenue on account of generally applicable sales, use or property taxes, but including revenue on account of any excise tax that applies to Signs or the sale or display of outdoor advertising that does not apply generally to the sale of services or the ownership and use of property). Payments of that compensation shall be due on a quarterly basis, with each payment due within thirty days after the end of the calendar quarter In which the corresponding revenues are received by the City. 4.4 Term of Compensation. Notwithstanding the expiration of the Term, the City's obligation to pay All Vision the compensation provided In Section 4.3 above shall apply to, and survive the Term with respect to, all City revenues pursuant to each applicable agreement from the inception of that agreement until (a) the end of the term of that agreement and all renewals, extensions, restatements or replacements thereof, or (b) thirty years after the Sign In question first becomes operational for the display of commercial advertising. In either case, the revenues to be shared include all revenues owed to the City with respect to the applicable time period that are received by the City at any time, whether before, during or afterthe applicable time period. 4.5 Other All Vision Signs, During the Term, All Vision will not be required or permitted to provide the services described in section 4.2 above with respect to Signs of which it is the developer that are not on City Property. However, with the prior written consent of the City, All Vision may present proposals for the City to consent to its participation as developer in the construction of Signs that are not City Property Signs in the overlay zone established pursuant to the Digital Billboard Ordinance in exchange for a mutually agreeable revenue sharing terms, and section 4.3 above will not apply to any amounts payable to the City with respect to those Signs. 4.6 Consulting Services Do Not Include Legal Services. Without limiting the generality of Section 15.9 below, nothing in this Article 4 is to be construed to require All Vision to provide or pay for legal advice to the City in connection with any Digital Billboard Ordinance or any agreement with a third party, and the City will be responsible to obtain at its expense and rely on the legal advice of its City Attorney and any other counsel it may engage regarding any Digital Billboard Ordinance or agreement and the legal validity and effect thereof. All comments and recommendations that All Vision may provide with respect to proposed ordinance language are to be considered as relating to business and operational matters only, even though they may include specific drafting recommendations and may include comments from attorneys who are employed by or engaged by All Vision. Further, All Vision's observation of construction activity is not intended as a substitute for any required or otherwise appropriate inspections to be performed by a City building official. Article 5 CITY PROPERTY SIGN DEVELOPMENT 5.1 Site Agreements. If the City approves a Strategic Plan that designates any one or more City Sign Locations for development, the parties shall prepare and enter into a Site Agreement for each City Sign Location in a form provided by either party and mutually approved by the City and All Vision. 5.2 Key Terms. Each Site Agreement shall include provisions based on the following key economic terms (but providing greater detail), among the other terms specified in the approved form of Site Agreement, unless the parties otherwise agree in writing: (a) The term of each Site Agreement will extend for 30 years beginning on the date the Sign is first put into operation to display commercial advertising, or the deadline in the Site 7 25A -11 Agreement for such commencement of operations, and shall have appropriate insurance, maintenance, and indemnification provisions and appropriate reporting and audit provisions consistent with Article 7 below. (b) All Vision's reasonable Direct Expenses incurred in connection with the Sign, including reasonable amounts owed to sales agents for procurement of advertising media, out -of- pocket expenses paid to third parties for maintenance and repair of the Sign which, under generally accepted accounting principles consistently applied, are not required to be capitalized and amortized, costs of electricity and telecommunications services serving the Sign, costs of insurance for the Sign equipment, costs of electrical and telecommunications services for the Sign, and costs of obtaining and maintaining Operating Permits and other governmental approvals, but excluding costs that must be capitalized and depreciated under generally accepted accounting principles, will be reimbursed out of Site Agreement Development Revenues for the Sign before sharing of net Site Agreement Development Revenues (the amount so reimbursed, "Site Agreement Direct Expense Reimbursement "). (c) All Vision's Costs of Construction and Maintenance of the Sign that must be capitalized and depreciated under generally accepted accounting principles, including all actual out -of- pocket costs paid to third parties for design, construction, bonds or other security, and payment of claims arising out of construction, and including maintenance and repair costs that fall within that accounting category, will be amortized in equal monthly installments over a period of five years (the "Reimbursement Period "), beginning with the calendar month in which the Sign is first put into service for the display of commercial advertising, and, as so amortized, will be reimbursed out of Site Agreement Development Revenues for the Sign before sharing of net Site Agreement Development Revenues (the amount so reimbursed, "Site Agreement Capital Expenditure Reimbursement "). (d) All Vision shall prepare any and all applications for permits and approvals required for any Operating Permits necessary for each proposed City Property Sign in the name of the City, and shall obtain all construction and other permits and approvals required for the construction of the Sign. All Vision will be entitled to terminate the Site Agreement if any required governmental approvals cannot be obtained. (e) All Vision will be responsible for the construction, operation and maintenance of the City Property Sign, including the sign operation activities of sales agents engaged by All Vision. All Vision will be required to keep the City Property Sign in good and safe condition, to repair promptly any malfunctioning or damaged component of the City Property Sign, to replace digital screen components when they reach the end of their useful lives, and to obtain property insurance to insure the City Property Sign against damage. All Vision's out of pocket costs of those services and insurance will constitute Direct Expenses and be reimbursed In accordance with the provisions of the Site Agreement. (f) Until the capital expenditures described above have been fully reimbursed to All Vision, All Vision will own the assets acquired or constructed with those costs (which will not be deemed to be fixtures or accessions to the real or personal property of the City), and after that reimbursement has been paid, those assets will at the City's option be transferred to the City. (g) If the Sign has one or more City Digital Faces, All Vision will be required to pay the City the greater of (1) an annual minimum fee in the amount of $50,000 per City Digital Face (that is, $100,000 for a Sign with two City Digital Faces) during the Reimbursement Period and $100,000 per City Digital Face (that is, $200,000 for a Sign with two City Digital Faces) for each year of the term of the Site 8 25A -12 Agreement thereafter or (ii) a share of Site Agreement Development Revenues determined by allocating to the City 60% of the net Site Agreement Development Revenues remaining after deduction of Site Agreement Direct Expense Reimbursement and Site Agreement Capital Expenditure Reimbursement. For any other kind of Sign in a City Sign Location (including Signs with digital faces that do not conform to the definition of City Digital Faces), no annual minimum will apply and All Vision will be required to pay the City 60% of the net Site Agreement Development Revenues remaining after deduction of Site Agreement Direct Expense Reimbursement and Site Agreement Capital Expenditure Reimbursement. The City and All Vision may agree to different economic terms based on the circumstances of the proposed City Sign Location. (h) The Site Agreement will provide for the potential "bundling" of the sales of advertising on the applicable Sign with sales of advertising on Signs governed by other Site Agreements and the allocation of the advertising revenues among the Signs on which the advertising will be displayed. 5.3 Removals. The Site Agreement will contain terms providing that if the Sign is to be removed because of casualty, condemnation, or legal prohibition, or because the City requires the City Sign Location for a bona fide purpose other than outdoor advertising that is incompatible with continued operation of the Sign, and the parties fail to agree on a comparable replacement City Sign Location, then (1) All Vision shall use diligent efforts to obtain payment of its unreimbursed operating expenses and capital expenditures from the condemning authority or applicable insurance company, (2) All Vision will thereafter be entitled to deduct any remaining unreimbursed operating expenses and capital expenditures, if any, from amounts due under this Agreement or other agreements (including other Site Agreements) between All Vision and the City, or the City may pay those amounts at the time of termination. If the Sign is removed due to condemnation action or prohibition by the City (not acting under any legal compulsion) or because the City requires the use of the location for another purpose, and the parties fail to agree on a comparable replacement City Sign Location, All Vision shall be entitled to deduct any remaining unreimbursed operating expenses and capital expenditures from amounts due to City under this Agreement and the Site Agreements, and if the amounts due under those agreements are not adequate for All Vision to fully recover those unreimbursed operating expenses and capital expenditures, then the City will be obligated to reimburse them. If the Sign is removed so that the City can develop the City Sign Location for other purposes, the City will impose a restrictive covenant for the benefit of All Vision prohibiting the installation of outdoor advertising billboards on the property of which that City Sign Location is a part until the earlier of five years after the date of removal or the originally scheduled termination date of the Site Agreement. Article 6 APPROVAL AND REMOVAL OF ADVERTISING MATERIALS 6.1 General Advertising Prohibitions. The fallowing categories of advertising are not permitted on any Signs: (a) advertising for any product or service that is prohibited by applicable law; (b) advertising for any product or service prohibited by the City's written policies; and, 0 25A -13 (c) advertising for any tobacco, marijuana or sexually related products or services. 6.2 Specific Advertising Prohibitions. City may impose additional advertising restrictions for specific Signs in the Site Agreement applicable to that City Sign Location. 6.3 Removal of All Vision Advertising. If All Vision displays advertising on a Sign governed by a Site Agreement in violation of this Article 6, All Vision shall remove the prohibited advertising material at its risk and expense. If All Vision fails to promptly remove the advertising, City may take any appropriate further action that may be necessary and appropriate to enforce the obligation to remove the prohibited advertising, and the reasonable, documented costs described in writing by City to All Vision of any actions required to enforce those obligations will be promptly paid by All Vision to City. Article 7 ACCOUNTING RECORDS 7.1 All Vision's Records. For the duration of each Site Agreement and for three years thereafter, All Vision shall maintain records of receipts, disbursements and withholding of amounts received by it on account of each Site Agreement, including all Direct Expenses, and on account of each Site Agreement looking back at least seven years. No more than once per calendar year, City and its accountants, auditors, and /or consultants shall be entitled to audit, examine, inspect and obtain copies of such records and documents at the City's offices during normal business hours upon not less than five business days' prior written request, and All Vision shall, at All Vision's cost, make such records and documents available at the City's offices for the purpose of such review. If any records are maintained outside of the City and cannot be provided to the City at the City offices, All Vision shall be required to provide access to such records outside the City and reimburse the City for all reasonable travel expenses incurred by the City to inspect those records, including travel, lodging, meals, and other similar expenses, but excluding the normal salary or hourly wages of those persons designated by the City to conduct the audit, examination, or inspection. 7.2 The City's Records. The City shall keep records of all License Revenues received by it, and All Vision and its accountants and consultants shall be entitled to inspect such records and documents at the City's office where such records are regularly Kept upon not less than ten business days' prior written request. 73 Financial Statements. No later than six months after the end of All Vision's annual accounting cycle, All Vision shall submit an audited statement of revenues and expenses related to the City Property Signs for the preceding fiscal year prepared by an independent Certified Public Accountant. 7.4 Audit. All Vision's staff shall cooperate fully with City or authorized agents of City when they conduct audits, and examinations or inspections of All Vision's records In relation to Site Agreement Development Revenues and Direct Expenses. Any audit, examination, or inspection conducted by City under this Section will be conducted at the expense of City, except as provided under Section 7.4. City will prepare a written report containing its findings, a copy of which will be mailed to All Vision for its review. All Vision must reimburse City within 30 days of written notice from the City for the expense of any such audit, examination, or inspection if, as a result of that audit, examination or inspection, it is determined that there is a shortfall of more than four percent (4 %) in the amounts due to the City under this Agreement. The right to audit, examine, or inspect as provided by this Section, shall be for so long as All Vision owns the records, subject to the limitation that all amounts paid and received and all statements rendered under this Agreement will be deemed final and conclusive at the 10 25A -14 end of the third year after In which the applicable receipts and payments occurred, and no adjustment in amounts paid under this Agreement shall be made based on an audit or examination that is commenced more than one year after the end of the calendar year in which those amounts were received and paid. 7.5 Audit Deficiency Determinations. In the case where any inspection of records or financial audit results in a deficiency determination in connection with any quarterly remittance due to the City by All Vision then such deficiency shall be subject to a contract penalty of 10% and late interest at the rate of 1% per month or fraction of a month from the date such deficiency occurred until the principal deficiency amount, penalty, and interest are paid in full. For purposes of late interest assessment the penalty shall be merged with the principal deficiency amount and interest shall be paid on the combined total amount. In the event of a determination of fraud, or gross or willful negligence in the reporting or remittance of license revenue a further penalty of 15% shall apply to such deficiency. Every quarterly deficiency determined by the City shall be subject to separate assessment of penalty and late interest. Article 8 REPRESENTATIONS OF THE PARTIES 8.1 By All Vision. All Vision represents to the City as follows, as of the date of this Agreement: (a) All Vision is a limited liability company formed and validly existing under the laws of the State of Delaware. (b) All Vision has the requisite power, authority and capacity to execute, deliver and perform this Agreement. (c) This Agreement has been duly authorized, executed, and delivered by All Vision, and the execution, delivery, and performance by All Vision of this Agreement does not and will not violate or constitute a default under the organizational documents of All Vision or any other covenant, contract, agreement, or understanding to which it is a party or by which it or any of its properties or assets is bound or affected. (d) All Vision has not received any notice of any actions, suits, proceedings, or investigations pending or threatened against All Vision that individually or in the aggregate are reasonably likely to result in any material adverse effect on the business, properties, or assets, or the condition, financial or otherwise, of All Vision or in any impairment of All Vision's ability to perform its obligations under this Agreement. 8.2 By The City. The City represents to All Vision as follows, as of the date of this Agreement: (a) The City is a charter city and municipal corporation formed and validly existing under the laws of the State of California. (b) The City has the requisite power, authority and capacity to execute, deliver and perform this Agreement. 11 25A -15 (c) This Agreement has been duly authorized, executed, and delivered by the City, and the execution, delivery, and performance by the City of this Agreement does not and will not violate or constitute a default under the organizational documents of the City or any other covenant, contract, agreement, or understanding to which it is a party or by which it or any of its properties or assets is bound or affected; provided, however, that the foregoing does not cover or include legal restrictions or recorded documents for any proposed City Sign Location, it being understood that All Vision shall investigate such matters with the good faith cooperation of City. (d) The City has not received any notice of any actions, suits, proceedings, or investigations pending or threatened against the City that individually or in the aggregate are reasonably likely to result in any material adverse effect on the business, properties, or assets, or the condition, financial or otherwise, of the City or in any Impairment of the City's ability to perform its obligations under this Agreement. (e) The City is the owner of the City Property or has a right and interest In the City Property sufficient to empower and entitle it (1) to grant to All Vision the rights granted in this Agreement and (2) to enter into valid and binding Site Agreements granting All Vision permission, revocable only on the terms provided in those Site Agreements, to construct Signs in City Sign Locations in accordance with the terms of this Agreement. 8.3 Breach of Representations. A breach by one of the parties of any of its representations made in this Article 8 will constitute a breach of this Agreement by that party and, if uncured, will entitle the other party to its remedies provided in this Agreement. However, the non - breaching party will not be entitled to any tort remedies or to rescind this Agreement, regardless of whether those remedies would otherwise be available at common law or in equity. Article 9 CONFIDENTIALITY 9.1 Use and Disclosure of Confidential Information. (a) Except as authorized hereunder, each party to this Agreement shall hold in confidence, not disclose and not permit any person any direct or indirect access to any Confidential Information of the other party except as permitted by this Agreement. As used in this Article 9, with respect to each item of Confidential Information, the following definitions apply: "Disclosing Party" means the party that disclosed information to the other. "Receiving Party" means the party that received Information from the other. "Confidential Information' means all information that is supplied or made available by or on behalf of a party to another party, whether before or after the date hereof, that the Receiving Party knows, or has a reasonable basis for believing, is confidential, including intellectual property, trade secrets and the terms and conditions of this Agreement. (b) A Receiving Party may disclose Confidential Information of a Disclosing Party to the Receiving Party's employees, officers, governing body members, professional advisors and agents (those persons, the Receiving Party's "Representatives ") to the extent necessary to enable that party to perform this Agreement, enforce its rights under this Agreement, or comply with applicable law, on Ffa 25A -16 condition that the Receiving Party notifies those persons of the confidential nature of the Confidential Information and obtains their agreement to keep that information confidential. Each Receiving Party shall be liable for disclosures of Confidential Information of the other party made by that Receiving Party's Representatives to the same extent as If the Receiving Party had disclosed that Confidential Information itself. (c) A Receiving Party shall not use, or cause, authorize or permit any other person to use, any Confidential Information of the other party except for the purposes of this Agreement, as permitted by this Agreement or as authorized by the Disclosing Party in writing. (d) A Receiving Party shall protect all Confidential Information of a Disclosing Party using the same degree of care as it uses to prevent the unauthorized use, disclosure, publication, or dissemination of its own confidential information of a similar nature or character, but in no event using less than a reasonable degree of care. 9.2 Exceptions. Information of a Disclosing Party will not constitute Confidential Information in the following circumstances: (a) the Disclosing Party advises the Receiving Party that the information disclosed is not required to be treated as Confidential Information; (b) the information is then or subsequently becomes generally available to or accessible by the public through no fault or wrongdoing of the Receiving Party or its Representatives, and the Receiving Party has no actual knowledge that the information was made available to the public in violation of a third party's duty of confidentiality; (c) the information is a matter of public record or in the public domain; (d) the information was in the possession of the Receiving Party before it was disclosed by the Disclosing Party; (e) the information is received by the Receiving Party on a non - confidential basis from a source other than the Disclosing Party, and the Receiving Party did not know or have reason to know that the source was bound by a duty of confidentiality to the Disclosing Party; (f) the information is required to be disclosed under open public records laws or open public meetings laws, such as the Freedom of Information Act, the California Public Records Act, or other applicable law, by virtue of being received, generated, or disclosed by City, and no exception to disclosure under those laws applies to that information, as determined by counsel for the City; (g) the information was independently developed by the Receiving Party without access to disclosures by the Disclosing Party, as evidenced by contemporaneous written records; or (h) the Disclosing Party authorizes disclosure of the information (and only to the extent of that authority). 13 25A -17 9.3 Compelled Disclosure. If a Receiving Party receives a subpoena, court order, or other legal process requiring disclosure of Confidential Information, the Receiving Parry shall promptly notify the Disclosing Party of the requirement and cooperate at the Disclosing Party's expense in any efforts the Disclosing Party may wish to undertake to seek a protective order or other exception to the disclosure requirement. Unless the Disclosing Party obtains a protective order or exception before the Receiving Party is required to disclose the Confidential Information, the Receiving Party may disclose so much of the Confidential Information as is required to comply with the disclosure requirement. Article 10 INSURANCE AND LIABILITY 10.1 All Vision's Insurance. (a) All Vision shall procure and maintain during the Term the following coverages and limits of insurance, with reasonable and typical deductibles: (1) Commercial General Liability insurance in form and substance acceptable to the City, on an occurrence basis, with limits of at least $2,000,000 per occurrence for bodily injury, personal injury and property damage and $4,000,000 general aggregate. Such insurance 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 All Vision's operations in the performance of this Agreement, including without limitation, acts involving vehicles. (2) Commercial automotive liability insurance in form and substance acceptable to the City, covering liability for any auto, with limits of at least $1,000,000 per accident for personal injury and property damage. Such insurance shall include coverage for owned, hired and non -owned automobiles. (3) Workers' Compensation Insurance as required by applicable law, and Employer's Liability Insurance with limits of at least $1,000,000 per accident, per employee. (4) Errors and Omissions Insurance with limits of at least $2,000,000 per occurrence or per claim. If such insurance is issued on a "claims- made" basis, All Vision shall maintain this insurance for at least two years after the end of the Term, either by replacement policies (with a retroactive date no later than two years before the effective date of the policy in question) or by an extended reporting period. (b) The City and its officers, agents, employees, volunteers, and representatives must be named as additional insureds under All Vision's commercial general liability insurance policy with respect to liability arising out of All Vision's activities under this Agreement. All Vision shall provide this additional insured coverage by way of a fully executed blanket additional insured endorsement or an endorsement specifically for the benefit of those required additional insureds. (c) For claims arising out of services rendered by All Vision under this Agreement, All Vision's liability insurance coverage must be primary and not contributory with the City's insurance. 14 25A -18 (d) Each insurance policy required by this Section 10.1 must be endorsed to state that coverage will not be suspended, voided, canceled by the insurer or the insured, or reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City. (e) All Vision shall provide the City certificates of insurance and (for the endorsements specifically required above) endorsements evidencing the issuance of the insurance coverage required by this Agreement, which shall be approved in form by the City. Upon the City's request, All Vision shall submit copies of all required insurance policies, including the endorsements affecting the coverage required by this Agreement. (f) If All Vision 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 and fails to correct that failure within thirty days after receipt of the City's notice to do so, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect All Vision's right to be paid for services rendered prior to notification of termination. 10.2 Damages. To the fullest extent permitted by law, each party hereby waives the right to recover from the other party, in any action arising out of or related to this Agreement or the City Property, any consequential or incidental damages and any punitive or exemplary damages whatsoever, regardless of the legal theory or cause of action on which such claim for damages may be based and regardless of when such claim accrues. The foregoing sentence is not to be construed to limit a party's ability to recover direct actual damages, including lost profits to the extent they are properly categorized as direct actual damages. The provisions of this Section 10.2 survive the expiration or other termination of this Agreement. 10.3 All Vision Not a Guarantor. All Vision is not a guarantor of the obligations of any vendor or other third party doing business with the City with respect to any Signs or the transit oriented advertising program and will have no obligation to pay any amount owed by any such third parties or otherwise cure the default of any such third party. The foregoing does not apply to sales agents engaged by All Vision and does not limit any liability that All Vision might have to the City for the acts or omissions of All Vision itself or such sales agents. 10.4 Indemnification. All Vision 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 due to negligent acts, omissions or willful misconduct, from the direct or indirect operations of All Vision or its contractors, subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in 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, and to the extent of All Vision's, negligent acts, omissions or willful misconduct in the performance of this Agreement. 10.5 Attorneys' Fees. In the event any dispute between the parties arising out of or related to this Agreement becomes the subject of litigation or arbitration, the party prevailing on the more substantial part of its claims and defenses, if any, will be entitled to recover its attorneys' fees, disbursements and other costs incurred in connection with such proceeding. 15 25A -19 10.6 Waiver of Jury Trial. To the extent permitted by applicable law, the parties waive the right to trial by jury of any dispute between them arising out of or relating to this Agreement or the installation, operation, maintenance, use or removal of any Sign. Article 11 DEFAULTS AND REMEDIES 11.1 Default by All Vision. The occurrence of any of the following circumstances will constitute an "All Vision Event of Default ": (a) All Vision falls in a material way to perform Its obligations under this Agreement and fails to cure such default within 30 days following delivery of written notice of that failure from the City to All Vision (or, if the default cannot reasonably be cured within that 30 day time period, but All Vision commences efforts to cure within that 30 day period and diligently pursues such efforts and the default is not inherently incurable, then within the longer amount of time reasonably necessary to complete such cure). (b) All Vision commences voluntary bankruptcy or insolvency proceedings or is adjudicated a bankrupt, becomes insolvent, makes an assignment for the benefit of creditors or proposes or makes any arrangement for the settlement of its debts (in whole or in part) or for the liquidation of its assets or a receiver or a receiver and manager or person with similar authority is appointed with respect to the assets of All Vision; (c) a material portion of the assets of All Vision is seized in satisfaction of any judgment; or (d) any proceedings are taken for the liquidation, dissolution or winding -up of All Vision or All Vision ceases or threatens to cease to carry on business in the ordinary course. 11.2 The City's Remedies. If an All Vision Event of Default occurs, the City may have recourse to any one or more of the following remedies (but without any duplicative recovery), subject to the limitations provided In Section 11.5 below: (a) Recover its actual damages for breach of contract resulting from All Vision's default; (b) Terminate this Agreement; and, (c) Have recourse to any other remedies for the breach available at law or In equity, except as limited by the provisions of this Agreement. 11.3 Default by the City. The occurrence of any of the following circumstances will constitute a "City Event of Default ": (a) The City fails in a material way to perform its obligations under this Agreement and fails to cure such default within 30 days following delivery of written notice of that failure from All Vision to the City (or, if the default cannot reasonably be cured within that 30 day time period, but the City commences efforts to cure within that 30 day period and diligently pursues such efforts and the default is not inherently incurable, then within the longer amount of time reasonably necessary to complete such cure). 16 25A -20 (b) The City commences voluntary bankruptcy or insolvency proceedings or is adjudicated a bankrupt, becomes insolvent, makes an assignment for the benefit of creditors or proposes or makes any arrangement for the settlement of its debts (in whole or in part) or for the liquidation of its assets or a receiver or a receiver and manager or person with similar authority is appointed with respect to the assets of the City; (c) a material portion of the assets of the City is seized in satisfaction of any judgment; or (d) any proceedings are taken for the liquidation, dissolution or winding -up of the City or the City ceases or threatens to cease to carry on business in the ordinary course. 11.4 All Vision's Remedies. If a City Event of Default occurs, All Vision may have recourse to any one or more of the following remedies (but without any duplicative recovery): (a) Recover its actual damages for breach of contract resulting from the City's default; (b) Terminate this Agreement; and, (c) Have recourse to any other remedies for the breach available at law or in equity, except as limited by the provisions of this Agreement. 11.5 Force Majeure. Neither party will be responsible to the other for a failure in the performance of its obligations under this Agreement that results from Force Majeure, and the time for each party to render performance that is delayed or interfered with by Force Majeure will be extended for so long as the Force Majeure condition continues to delay or interfere with that party's performance, and for so long thereafter as is reasonably necessary to remobilize or otherwise resume performance following the abatement of the Force Majeure circumstances. The parties shall make reasonable efforts to cooperate to mitigate the effects of any such delays. Article 12 DISPOSITION OR ACQUISITION OF CITY PROPERTY 12.1 Disposition of Portions of the City Property, The City may sell, lease or otherwise dispose of parts of the City Property. "Disposed Property" means the portion of the City Property so sold, leased, licensed, abandoned, or otherwise disposed of, except that "Disposed Property" does not include portions of the City Property with respect to which the City retains, after the sale, lease or other disposal thereof, the right to develop, use and license signs under long -term licenses without restrictions greater than those that applied to the City and All Vision before the transfer of the Disposed Property, for so long as the City retains those rights. Without limiting the generality of Section 15.2, the provisions of this Article 12 survive the end of the Term or other termination of this Agreement. 12.2 Pending Development. If the City sells or otherwise disposes of Disposed Property that includes a City Sign Location identified in the Strategic Plan but with respect to which a Site Agreement has not been entered into, the City at its sole discretion shall either (a) cancel the work on the evaluation and development of that City Sign Location by notice to All Vision and, at or before the closing of the transfer of the Disposed Property, reimburse all of All Vision's Direct Expenses incurred for its work in connection with that prospective City Sign Location, or (b) assign its interest in this Agreement insofar as it applies to the applicable Disposed Property to the transferee of the Disposed Property and, in the 17 25A -21 terms of the agreement for that sale or other transfer, require the transferee to assume the obligations of the City hereunder with respect to the Disposed Property and City Sign Locatlons thereon. 12.3 Bulk Asset Disposition. If the City sells or otherwise disposes of Disposed Property comprising all or substantially all of the City Sign Locations, whether to one or more transferees, the City shall assign its rights and delegate its duties under and interest in this Agreement to the transferee(s) of the City Property and cause its transferee(s) to assume in writing the obligations of the City under this Agreement. 12.4 Site Agreements Not Affected. The provisions of the foregoing Sections of this Article are not to be construed to affect any Site Agreement on Disposed Property. The effect of the transfer of City Property on Site Agreements will be governed by those Site Agreements. Article 13 ASSIGNMENT 13.1 By the City. The City may assign its interest in this Agreement, in whole or in part, as provided in Article 12 above without the consent of All Vision. The City shall notify All Vision of any such assignment within seven business days afterthe effective date of the assignment. 13.2 By All Vision. All Vision may assign this Agreement to any third party only upon City's prior written approval, which the City shall not unreasonably withhold, condition or delay, on condition that the third party assumes in writing the obligations of All Vision under this Agreement accruing from and after the date of that assignment. Article 14 NOTICES 14.1 How Delivered. To be valid, notices under this Agreement must be in writing, delivered (a) by personal delivery, (b) by registered or certified mail, or (c) by a courier service of national repute with delivery tracking, and addressed to the party to whom it is directed at that party's address for notices stated in Article 1. Either party may change its address for notices by giving ten (10) days prior written notice of such change to the other party. 14.2 When Effective. A valid notice or other communication under this Agreement will be effective when received by the party to which it is addressed, It will be deemed to have been received as follows: (a) if it is delivered by hand, delivered by a national transportation company, with all fees prepaid, or delivered by registered or certified mail, return receipt requested and postage prepaid, upon receipt as indicated by the date on the signed receipt; and, (b) if it is delivered by a courier service, upon delivery to the destination address as indicated by the company's tracking records. Ftd 25A -22 Article 15 MISCELLANEOUS PROVISIONS 15.1 Governing taw. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of California, without reference to its conflicts of laws principles. 15.2 Survival of Provisions. All provisions of this Agreement that provide for actions to be taken or amounts paid after the end of the Term survive the expiration or other termination of this Agreement. 15.3 No Continuing Waiver. No waiver by the City or All Vision of any breach of any provision of this Agreement will be deemed for any purpose to constitute a waiver of any breach of any other provision hereof, nor of any continuing or subsequent breach of the same provision. 15.4 No Partnership. Nothing in this Agreement is to be construed to create a partnership between the City and All Vision. The relationship between the City and All Vision is an Independent contracting and licensor /licensee relationship. 15.5 Entire Agreement. This Agreement represents the complete understanding and agreement between the parties with respect to the subject matter of this Agreement. This Agreement may be changed only by a written amendment signed by the parties. 15.6 Successors and Assigns. This Agreement is binding on and inures to the benefit of the successors and permitted assigns of the parties. 15.7 Deadlines on Business Days. The term "business day," as used herein, refers to days other than Saturday, Sunday, holidays when banks in the State of California are not open for transaction of regular business, or any days when the Santa Ana City Hall is closed. If the last day for any obligation to be performed under this Agreement falls on a day other than a business day, that deadline will be automatically extended to the next business day. 15.8 Time of the Essence. Time is of the essence of this Agreement. 15.9 No Regulated Services. Nothing in this Agreement is to be construed to require All Vision to provide legal advice to the City, perform real estate brokerage services, or perform any other activity for which any kind of professional license is required. All Vision is not a real estate brokerage firm. 15.10 Severability. If any provision of this Agreement or the application thereof to any person or circumstance is determined to be invalid or unenforceable, the remainder of this Agreement (and the application of the affected provision to any other person or circumstance) will remain valid and enforceable, except that if a provision of this Agreement that is written to apply to both parties is determined to be invalid or unenforceable as to one party but not as to the other, that provision will be void as to both parties. 15.11 Construction. This Agreement was negotiated between sophisticated parties, and its provisions are to be construed without regard to which party first drafted or proposed them. 19 25A -23 15.12 Counterparts. This Agreement may be executed in counterparts, each of which will constitute an original and all of which taken together will constitute one and the same instrument. 15.13 Effect on City's Governmental Rights and Powers. City is entering into this Agreement in its proprietary capacity only, and nothing in this Agreement shall be construed to constitute a waiver or exercise of the City's governmental rights and powers, all of which are hereby reserved. Signed by the parties on the dates shown below: City: City of Santa Ana By: Print Name: _ Title: Date: ATTEST: Print Name: _ Title: Date: AS TO FORM Attorney All Vision: All Vision, LLC a Delaware limited liability company by: Print Name: Title: Date: 20 25A -24 CORRESPONDENCE ITEM 25A 25A -25 562- 470 -6666 ' 02:52:26 p.m. 11 -14 -2014 2/2 2G t� tlJCY ly CALIFORNIA STATE fJUT S Ah�T� ;��) ADVERTISING ASSQCI I F OF f;nul NC i November 14, 2014 vid Cavazos 'ity Manager anta Ana Center Plaza, 8th Floor a, CA 92702 Cavazos, 1215 K Street, Suite 1500 Sacramento, CA 95814 (916) 446 -7843 Fax(916)442.5961 www.CSOAA.com Via Fax Fax (714) 647 -6954 i The California State Outdoor Advertising Association ( CSOAA) is a California association of bijlboard companies. We represent approximately ninety percent of all billboards in California. I understand that there will be an item on the November 18, 2014 City Council meeting regarding Allvision. I respectively ask that you seek to table this issue until our State Association can meet and d cuss this issue with you. I would like to discuss how and why other cities have not approved this type oP an agreement with Allvision, over staff recommendations, and why the city would be forfeiting millions in proceeds if they did approve the agreement. I would also like to bring a couple of my members to discuss what happened in these other cities, inFluding Santa Clarita wherein Allvision's proposal has resulted in an approximate 2 million dollar loss to;the City. To be clear, I believe the City of Santa Ana should hire an outdoor advertising consultant if thpt is their pleasure, and there are several good ones that are used by various cities, but it would be wise toltable this issue so that we can discuss the issues surrounding Allvision. Therefore, my request is simple. Please table this item until you and some of my members can aet so that we can relay some facts and documents to your Staff so that they can conduct some important additional research prior to making this important decision? I think this is a reasonable proach so that no one is later embarrassed or caught off guard. If after your research, you choose to cinfinue with recommending Allvision that would be your choice, as it would be for others to oppose it. However, I will always be grateful for the opportunity that you have provided to the CSOAA prior to moving forward on this issue. S�ncerely, ri�ark A. Kudler 000AA President ec. Mr. Dennis Loper CSOAA Executive Director The Honorable Mayor and City Co2fiA-26 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, November 18, 2014 9:48 AM e7 To: Cavazos, David; Haluza, Karen; Carvalho, Sonia R. r— `-1 � Cc: Mitre - Ramirez, Norma; Trujillo, Rose Ann; Orozco, Norma r*i-f Subject: FW: OUTDOOR ADVERTISING PROPOSAL C t Attachments: Santa Ana Ltr - T boydston[4].pdf ) co Entered into the record. 1 From: Cathie Piacentini [m a ilto•cathieig c csgmail net] Sent: Tuesday, November 18, 2014 9:44 AM To: Pulido, Miguel; Sarmiento, Vince; Martinez, Michele; Amezcua, Angelica; Benavides, David; Reyna, Roman; Tinajero, Sal; Cavazos, David; Huizar, Maria Subject: OUTDOOR ADVERTISING PROPOSAL PLEASE SEE ATTACHED LETTER FROM TimBen Boydston, Councilman, Santa Clarita. Cathie Piacentini Capitol Strategies Group 1215 K Street, Suite 1500 Sacramento, Ca 95814 (916) 446 -7843 Fax: (916) 442 -5961 This email has been scanned by the Boundary Defense for Email Security System. For more information please visit http://www.apptix.com/email-security/antispam-virL,s 25A -27 November 15, 2014 Mayor Miguel Pulido and Councilmembers Santa Ana City Council 20 Civic Center Plaza n P.O. Box 1988, M31 Santa Ana, CA 92701 rn k Sent via email: citycouneil @santa - ana.org ° c — r7- Dear Honorable Mayor Pulido & Councilmembers, I understand that you are considering creating a revenue stream for your city using oil (Y. ar advertising. As a Santa Clarita City Councilmember who has recently gone through ac tentigs ordinance adoption, referendum process and ballot measure that was ultimately defeated by our residents, I wish to share my experience with you about one of your potential consultants, Allvision. The proposal before our Council was brought by the Metropolitan Transportation Agency, which uses Allvision to handle its outdoor advertising. MTA/Allvision would take down a significant number of billboards along the railroad right -of -way in exchange for building three digital billboards along the I -5 and CA -14 freeways and a 50 -year exclusivity on the operation of those boards. Highlighted in their presentation was the possibility that the city could make millions of dollars from ad revenue, which would have been split between Metro, Allvision and the City, with the City responsible for the lion's share of expenses. The Allvision company hired lobbyists who harassed me and my supporters, in an aggressive and unnecessary manner. They also falsified documents given to the State saying that a billboard site was zoned as commercial when in reality it was actually open space. After a majority of the Council approved the proposal, a referendum process began, which successfully gathered 18,000 signatures, forcing the council to either retract the ordinance or put it to a vote of the people. That election took place Nov. 4 and Measure S, as it was named, was defeated by a majority vote of 56 percent to 44 percent of the voters. While this may sound like a perfect example of democracy at work, the process was fraught with conflict, deception and violence, all of which was traced back to Allvision through their expenditures, acting as an agent of Metro. The Council was informed by Allvision that MTA could rebuild billboards on its property, even though this is against California law (5405.6 Business and Professional Code, enacted Oct. 2001). When this was brought to their attention, Allvision insisted that the signs could be rebuilt. It wasn't until the California State Outdoor Advertising Association provided a letter from Senator Richard Polanco, (who wrote SB 919 that resulted in the law), as well as an analysis from the Legislative Council informing the City that Allvision finally agreed their assertion was wrong. Repeated attempts by the public to examine and have input on the proposal were rejected out of hand. "Public" input was only solicited at private, membership -based meetings, such as the Chamber of Commerce. No public town hall forums were ever held. Representatives of the 25A -28 billboard companies asked to have the process slowed down so that they could bring in competing offers for our City, but the offers were ignored. When the referendum process started, Allvision sent "blockers" to try and stop signature gatherers from talking to people. Blockers followed and harassed both petitioners and signers with loud verbal confrontations or placed themselves between the petitioner and signers. Some physical altercations occurred, resulting in arrests and more than one petitioner sought medical attention for injuries. In the 30 -day petition period, Allvision spent $120,000 to pay the blockers to take away the Constitutional right of voters to petition their government. I was outraged that a company that we might be doing business with would act in such a manner. The Inspector General of Metro investigated the claims of abuse by the blockers and on April 24, the blockers were told to stop interfering with the signature- gathering process. They ignored the order, and the abuse continued into May, when the petitions were turned in. The City incurred additional sheriff's expenses of time responding to these incidents and for additional patrols to ward off potential confrontations. When the issue was placed on the ballot, Allvision completely financed the "Yes on S" campaign, for an amount of $164,000, producing mailers and ads that were placed on radio, newspapers, and various websites in Santa Clarita. The mailers were misleading and sometimes patently false. On November 4, the people spoke and the Allvision deal was killed. This issue turned neighbor against neighbor and destroyed the trust many people had in their government. I hope that Santa Ana does not invite this predatory group into their community, and that you benefit from our experience. I encourage you look carefully at all possible partners, and if you choose to move forward with an outdoor advertising contract, let competition work to give your citizens the best deal which they have had input on. If you have any questions, please feel free to contact me In the Peoples Service, TimBen Boydston Councilman (not writing on behalf of the Council as a whole) timbenboydston@yahoo.com 25A -29 Mitre - Ramirez, Norma From: Sent: Cc: Subject: Attachments: Categories: Huizar, Maria Tuesday, November 18, 2014 11:19 AM Cavazos, David; Haluza, Karen; Carvalho, Sonia R.; Lawrence, Mark; Flores, Alma; Garcia, Jorge (CMO); Foulkes, Matt C7 N CSOAA letter to the City Council re Agenda Item 25F r— • 1 CSOAA Letter to the Santa Ana Mayor and Council re Allvision - 341'18 -1 :pdf �x ':� –n Correspondence Correspondence received and entered into the record. c:) -- °,-t J — From: Mark K (ma!Ito Ito: mark. kftbulletindisplays.com] Sent: Tuesday, November 18, 2014 10:53 AM To: Pulido, Miguel; Sarmiento, Vince; Martinez, Michele; Amezcua, Angelica; Benavides, David; Reyna, Roman; Tinajero, Sal Cc: Cavazos, David; Huizar, Maria Subject: CSOAA letter to the City Council re Agenda Item 25F on the City Council Agenda for Nov 18 2014 Honorable Mayor Miguel Pulido and City Council, I have attached a letter for your consideration. Thank You, Mark A. Kudler President i 'CRairiveOvfgwn AimEttrisimP 3127 E. South Street, Ste. B Long Beach, CA 90805 (310) BULLETIN [285.53841 (562) 470 -6680 * Fax (562) 470 -6686 www.Bu Ileti nDisp lays. co m Mark.KAB ulletinD is plays.co m Notice: Please take notice that the information contained in this email is intended only for the persons or entities named above. This message may contain confidential and legally privileged communications. If you are not the intended recipient, please be notified that you have this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us Immediately by e -mail and delete the original email. Thank you. 25AY 30 I Hk1 CALIFORNIA STATE OUTDO, ADVERTISING ASSOCIATI 1215 K Street, Suite 1500 Sacramento, CA 95814 (916) 446.7843 1 Fax (916) 442 -5961 www.CSOAA.com Sent Via Email November 18, 2014 Mayor Miguel Pulido and City Council City of Santa Ana 20 Civic Center Plaza, 8th Floor Santa Ana, CA 92702 RE: Item 25F on City Council Agenda for November 18, 2014 Dear Honorable Mayor Pulido and City Council, N PlJb7 }g 4 27 C �LFRK0,nr ,'n The California State Outdoor Advertising Association ( CSOAA) is a California association of billboard companies. We represent approximately ninety percent of all billboards in California. Item 25F on the November 18, 2014 City Council meeting is in reference to a potential contract between the City of Santa Ana and a private company named Allvision. We respectively request that you: 1. Pull the item from the Consent Calendar 2. Table this issue until our State Association can meet and discuss this issue with you and the rest of the City Council. We would like to discuss how the city would be forfeiting millions in proceeds if they approve the agreement and why cities after cities have not approved this type of an agreement with Allvision, despite staff recommendations. We would also like to bring to your attention what happened in Santa Clarita wherein Allvision's proposal has resulted in an approximate $2 million cost to the City. To be clear, we are not opposed to the City of Santa Ana hiring an outdoor advertising consultant if that is your pleasure, and there are several exceptional ones that are used by various cities. However, we ask that you table this item so that we can discuss the concerns about this contract and Allvision's proposed roles. Therefore, our request is simple. Please continue this item from further council action until CSOAA members can have an opportunity to meet with you, councilmembers and city staff to share with you the policy and legal concerns that are involved in this proposed agenda item. On behalf of our association members, we thank you in advance for your consideration to table Item 25F until we have a chance to meet with you. Sincerelv, Mark A. Kudler CSOAA President CC. City Manager David Cavazos City Clerk Maria D. Huizar CSOAA Executive Director, Mr, Dennis Loper CSOAA Members 25A -31 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, November 18, 2014 2:11 PM To: Mitre - Ramirez, Norma Cc: Trujillo, Rose Ann; Orozco, Norma Subject: FW: City Council Agenda Item No. 25F - Advertising Management Services Attachments: Santa Ana - City Clerk Protest Letter.pdf Norma, please enter into the record. Thank you. From: Steve Shinn [mai Ito: sshinn()TRAdvisors com] Sent: Tuesday, November 18, 2014 2:08 PM To: Huizar, Maria Agreement with All Vision, LLC for Outdoor Cc: !City Council; Haluza, Karen; Pezeshkpour, Ali; Hodge, Ryan Subject: City Council Agenda Item No. 25F - Agreement with All Vision, LLC for Outdoor Advertising Management Services Ms. Huizar, Attached is our letter regarding the above subject item to be considered at tonight's city council meeting. I trust this will be distributed to the council members prior to the meeting and will be part of the public record. I'm not able to attend the meeting in person, but would be available to meet with city representatives in the near future. Regards, Steve Steve Shinn I Managing Director TRA 1 503 Redwood Avenue, Corte Madera, CA 94925 Main: +1415 309 0503 I Fax: +1 017 482 0210 www.TRAdvisors.com i 25A1 -32 rR4 November 18, 2014 Maria Hulzar Clerk of the Council City of Santa Ana ( 'City") 20 Civic Center Plaza, 8" Floor Santa Ana, CA 92702 Re: City Council Agenda Item No. 25F Agreement with All Vision, LLC for Outdoor Advertising Management Services Dear Ms. Huizar, The purpose of this letter is to express our concerns with the staff recommendation and the proposed agreement for the above referenced Item. As noted in the staff report, the City received two proposals in response to the Request for Proposal (RFP) for Outdoor Advertising Management Services Issued on May 30, 2014. I am the Managing Director for TR Advisors, LLC, who submitted the other proposal in response to the RFP. We have a number of issues with the proposed agreement: The proposed agreement provides that All Vision may develop, construct and maintain signs on City property. This right to be granted to All Vision directly contradicts the RFP. The RFP states in the Introduction that the successful proposer "may not be directly affiliated with any company whose primary business is the construction or operation of outdoor advertising products." The proposed agreement, with an expanded scope now allowing this dual role of independent consultant and interested developer, cannot be the product of this solicitation. The RFP, as issued, seeks an independent consultant to advise the City and work solely on its behalf in the policies, plans and management for its outdoor advertising, program. TRA proposed to fill only that advisory role and was deemed qualified. We stand ready and able to negotiate a contract based on our response to this RFP. If the City, despite the potential conflicts, now wants both an advisor and developer, a new RFP must be issued to open the development piece to the competitive process. To now allow the proposer to develop sites not only flies in the face of the independent advisory role but also introduces an opportunity specifically excluded from the RFP and never opened to full competition. The dual role presents a potential conflict of interest which the RFP, as issued, sought to avoid. The City is allowing All Vision to provide consulting services which gives it a significant role in setting policy for an Outdoor Advertising Strategic Plan, while at the same time granting All Vision the right to develop sites per Its own recommendations. o This would violate Section 10365.5 of the California Public Contract Code which states: "No contractor who has been awarded a consulting services agreement may submit a bid for, nor be awarded a contract for the provision of services, procurement of goods or supplies or any other related action which is required, suggested or otherwise deemed appropriate in the end product of the original consulting services contract." Although this code is applicable to State agencies, the wisdom of this good government policy should be followed. 'N4v±u. V"d l� LL=SGli.: +i G. 25A -33 TRA o The type of conflict -of- interest code required for all public agencies under the California Political Reform Act appears to require that All Vision, because it will participate in making governmental decisions, must submit a disclosure Form 700 Statement of Economic Interests that may give rise to any conflict of interest in performing the full scope of this proposed contract. To our knowledge, no such disclosure has been made. For the above stated reasons, the City should: (a) reject the proposed agreement with All Vision as contrary to the RFP and negotiate a contract with TRA consistent with Its response; (b) reject the proposed contract with All Vision on the basis that it presents a potential conflict of interest; or (c) issue a new RFP to reflect the desired dual role and to open both opportunities to the competitive process. Thank you for your consideration. Tly, hinn Managing Director CC; City Council Members Ryan 0, Hodge, Assistant City Attorney Karen Haluza, Interim Executive Director Planning and Building Manager Ali Pezeshkpour, Assistant Planner I 25A -34 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Tuesday, November 18, 2014 8:35 PM To: Mitre - Ramirez, Norma Cc: Trujillo, Rose Ann; Orozco, Norma Subject: FW: Santa Ana City Council Agenda Item Vision, LLC No. 25F -- Proposed Agreement with All Attachments: Canon DEE2BB_Exchange_11 -18 -2014 16- 58- 51.pdf Please enter into the record. From: Ruga, Dylan [mailto:druaa(&steotoe com] Sent: Tuesday, November 18, 2014 5:21 PM To: Carvalho, Sonia R.; Hodge, Ryan; scarvalho(&bbklaw.com; Huizar, Maria Cc: 'Mark Kudler' (mark.kcabbulletindisplays com) (mark, kLabulletindisplays com) Subject: Santa Ana City Council Agenda Item No. 25F -- Proposed Agreement with All Vision, LLC Dear Ms. Carvalho, Ms. Huizar, and Mr. Hodge, Please see the attached letter on behalf of the California State Outdoor Advertising Association with respect to City Council Agenda Item No. 25F. Thank you. Dylan Ruga Dylan Ruga Partner druaa aAsteotoe.com Steptoe +1310 734 3228 direct +1 310 734 3229 fax Steptoe & Johnson LLP 2121 Avenue of the Stars Suite 2800 Los Angeles, CA 90067 www.steptoe.com This message and any attached documents contain information from the law firm Steptoe & Johnson LLP that may be confidential and /or privileged. If you are not the intended recipient, please do not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. 25A135 Dylen Ruga 310 734 3228 druga@steptoe.com 2121 Avenue of the Stars Suite 2800 Los Angeles, CA 90067 310 734 3200 main www,steptoe.com November 18, 2014 Via HAND DELIVERY Stemoe STEPTOE & JOHNSON LLP Sonia R. Carvalho The Honorable City Council Members City Attorney 20 Civic Center Plaza 20 Civic Center Plaza Santa Ana, California 92701 Santa Ana, California 92701 Re: City Council Agenda for November 18, 2014 Consent Agenda Item No. 25F Dear Ms. Carvalho and Hon. City Council Members, We write on behalf of the California State Outdoor Advertising Association to urge City Council to reject the proposed Outdoor Advertising Service Agreement (the "Agreement ") with All Vision, LLC ( "AV "), which is on the City Council's Consent Agenda for November 18, 2014 as Item No. 25F. Simply put, the Agreement is a bad deal for the City and will expose it to significant litigation risk, given the myriad procedural and substantive shortcomings in the procurement process and the Agreement itself. First, the Agreement was the result of an unusually —and unnecessarily —short RFP process. The RFP was issued on May 30, 2014 and the submittal deadline was on June 12, 2014, a mere 9 business days later. As you know, Section 2 -806 of the Santa Ana Municipal Code requires RFPs to be issued "a reasonable time prior to the date set forth therein for the opening of bids The extremely short timeframe here was not reasonable, particularly given the lack of an emergency or other exigency requiring a shortened bidding process. Second, the Agreement allows AV to deduct all "Direct Expenses" and "Costs of Construction and Maintenance" before the City sees a dime from revenue generated by billboards on City property. The definitions of these terms are purposefully vague and provide AV with every incentive to run up the costs of the projects rather than minimize them. For this 25A -36 Ms. Carvalho and Hon. City Council Members November 18, 2014 Page 2 Steptoe 9TLPi0E d JONNION LV reason, other cities — including Buena Park, Pomona and Fullerton —have rejected similar proposals by AV. Third, the Agreement reveals that AV will control all billboards on City property for 30 years. This lengthy encumbrance of City property is unnecessary and a bad deal for City taxpayers. Indeed, the length of the Agreement's term itself violates Section 1301 of the Santa Ana Charter, which states that franchises granted by the City "shall not exceed twenty -five (25) years," Accordingly, there is no good reason to have such a long term in the contemplated Site Agreements. Fourth, the Agreement impermissibly delegates the City's authority to AV by failing to provide adequate safeguards to prevent abuse of third - parties' free speech rights. Specifically, the Agreement contemplates that AV "will be responsible for the construction, operation and maintenance of the City Property Sign, including the sign operation activities of sales agents engaged by All Vision." See Ag'mt at § 5.2(e). This delegation of authority flies in the face of the RFP, which specifically states that the successful proposer "may not be directly affiliated with any company whose primary business is the construction or operation of outdoor advertising products." Signing the Agreement would allow AV —a Caltrans- licensed sign operator —to stifle competition by designing a Strategic Plan that heavily regulates or prohibits altogether competing billboards on private property. The City has no safeguards in place —much less adequate ones —to prevent this potential misconduct. Kugler v. Yocum, 69 Cal. 2d 371, 381 (1968) (explaining that any delegation of authority must be accompanied by "safeguards adequate to prevent its abuse. "). Fifth, the Agreement invites future litigation regarding the constitutionality of the City's regulation of billboards and its potential monopoly over any off -site billboard advertising. According to the Agreement, if the City adopts AV's proposed Strategic Plan, then all new billboards on City property will be constructed by AV and belong to the City. Unless the City changes current law to similarly and liberally allow off -site billboards on private property, the City will have established itself and AV as monopolists over, and censors of, an entire medium of commercial advertising. Simply put, the City cannot decide that off -site commercial signs are permissible on City property and then forbid anyone else from speaking unless they pay the City. If free speech in the form of advertising on billboards is allowed, then all persons (not just the City) must have an opportunity to participate in the dialogue. Finally, the City should not be fooled into believing that AV merely is a consultant that wishes to assist the City with creating a well thought -out, balanced outdoor advertising strategic plan. To the contrary, as noted above, AV is a Caltrans - licensed sign operator that is offering its "consulting" services gratis so that it can generate massive revenues in the construction and operation of City -owned signs. Said another way, AV's economic interest presents a clear conflict of interest with respect to its consulting services. The City should unbundle these services so that the outdoor advertising strategic plan is balanced and not infected by a private corporation's economic motive. 25A -37 Ms. Carvalho and Hon. City Council Members November 18, 2014 Page 3 Steptoe Ii A PTO' I JOHNSON LIP For each of these reasons, we urge City Council to reject the Agreement altogether. At a minimum, City Council should remove the Agreement from the Consent List and put the matter over to another time when the issues addressed in this letter can be debated and analyzed. It almost goes without saying that City Council cannot responsibly bind its citizens to an agreement governing free expression for the next third of a century without an open hearing and vigorous debate. Should City Council choose to ignore this letter and approve the Agreement without revision, the California State Outdoor Advertising Association reserves all of its rights, remedies and claims with respect to a legal challenge of the Agreement and the associated procurement process. ins _ Dylan Ruga 25A -38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: VALET PARKING SERVICES IN DOWNTOWN SANTA ANA {STRATEGIC PLAN NO. 3,4B) CITY MANAGER RECOMMENDED ACTION MEEM CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Ise Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Attorney, City Manager, and Clerk of the Council to execute a license agreement with Supreme Parking to provide valet parking services in Downtown Santa Ana for one year, starting January 1, 2015 with an option to extend the contract an additional two years, for a total of three years. Supreme Parking was selected based on qualifications and terms proposed. This contract will generate $500 per month at approximately $6,000 per year in revenue for the City (Exhibit 1). DISCUSSION Background Upon receiving Council approval to operate a six -month pilot program for valet parking services in Downtown Santa Ana, the City began its valet pilot program on May 1, 2014. The goal of the valet parking pilot program was to enhance the customer experience in Downtown Santa Ana and provide an overall benefit by achieving the following objectives: • Provide a greater convenience for Downtown customers; • Extend business to the curb and improve customers' shopping experience; Create a positive customer service with the objective of repeat business; • Increase overall parking capacity, which helps meet the demand. Operations The City's valet parking pilot program operated on Thursdays, Fridays, and Saturdays from 8:00 p.m. to 2:00 a.m. between May 1, 2014 and November 1, 2014 with a drop off /pick up location at the clty -owned surface lot located on Third and Bush Streets (Exhibit 2). The operator charged $8 per car and parked on average 306 cars per month with a monthly high of 385 and a monthly low of 140. 25B -1 Valet Parking Services December 16, 2014 Page 2 Pilot Evaluation Staff recommends continuing the program for one year, with an option to extend the contract an additional two years, for a total of three years, at the Third and Bush surface lot and maintaining the hours of operation as Thursday through Saturday from 8:00 p.m. to 2:00 a.m. This evaluation is based on a) achieving the objectives set forth at the inception of the pilot program, b) evaluation of valet reports submitted by the parking operator, and c) receipt of positive feedback from area stakeholders. Over the last several months, staff has met with adjacent property owners and businesses, including the Yost Theatre, which initially made the request for downtown valet services to evaluate the success of the valet parking pilot program. All feedback has been positive. Based on this evaluation, the City has extended the agreement with the pilot operator Supreme Parking through December 31, 2014 in order to provide consistent services through the holiday season. The new agreement with the selected vendor will commence on January 1, 2015 (Exhibit 3). Selected Vendor A Request for Quotations (Exhibit 3) was released on November 14, 2014 to eight parking companies (Exhibit 4). The proposals were evaluated based on the following criteria: 1. Experience and Qualifications (50 %) 2. Cost to the customer (35 %) 3. Fee proposal to the City (15 %) The City received three responses from qualified vendors. There was one complete proposal from Supreme Parking, the company that has been operating the pilot valet program and two letters declining to bid. In the absence of competitive proposals in this round, staff evaluated Supreme Parking based on their exemplary performance executing the pilot valet program and the fact that they maintained their previous rate to customers despite reporting a monthly loss in revenue during the pilot program. It is recommended that the City enter into an agreement with Supreme Parking based on their experience, qualifications, customer cost ($8), and their proposed fee of $6,000 per year to the City ($500 per month). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal 43 - Economic Development, Objective 4, Continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination, Strategy B, Create a comprehensive program to 25B -2 Valet Parking Services December 16, 2014 Page 3 manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown. FISCAL IMPACT There is no cost to the City to operate this program. The valet parking program will generate $6,000 in revenue for the City per year. A! A Kelly Reender Executive Director Community Development Agency KRIE Exhibit: 1. Valet Parking License Agreement 2. Third and Bush Parking Lot Map 3. Request for Quotations - Valet Parking Service 4. Parking Companies List 25B -3 25B -4 EXHIBIT 1 VALET PARKING MANAGEMENT SERVICES AND LICENSE AGREEMENT WITH SUPREME PARKING SERVICE THIS VALET PARKING MANAGEMENT SERVICES AND LICENSE AGREEMENT ( "Agreement ") is effective as of the I" day of January, 2015, by and between the City of Santa Ana, a charter city and municipal corporation ( "City ") and Supreme Parking, Inc., a California corporation, doing business as "Supreme Parking Service ", located at 7144 Dinwiddie Street, Downey, CA 90241 ( "Operator "). RECITALS A. City desires to provide, or cause a third -party contractor to provide valet parking service in the City's downtown area. B. City is the owner of a public parking lot located at 309 N. Bush Santa Ana, California (the "Property"). C. City desires that a portion of the Property be used for valet parking for the general public on specific days and at specific times to support the users of businesses located within the downtown area. The specific parking spaces designated for valet parking are depicted in Exhibit A, attached hereto and incorporated herein by reference. D. Operator warrants that it possesses specialized skill and experience in providing valet parking and facilitation of traffic movement to provide such service and is willing to provide valet parking services to the City, as farther defined in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, the parties agree as follows: AGREEMENT 1. Location. This Agreement pertains to the public parking lot owned by the City and located at 309 N. Bush Street, Santa Ana, California (the "Valet Lot "). The Valet Lot is shown on Exhibit A, which is attached hereto and incorporated herein. 2. Term. The Term of this Agreement shall commence on the date stated above and continue for a one (1) year period through December 31, 2015 (the "Term "). The Agreement shall have two (2) one -year options to renew, exercisable by the City Manager. Other than for the reasons enumerated in Section 10 that shall cause immediate termination of this Agreement, either party may terminate this Agreement at any time for any reason by giving thirty (30) days written notice to the other party. 3. Grant of License. City hereby grants to Operator a revocable, non - exclusive, non- transferable License for the sole purpose of staging and parking up to 25 vehicles on the Valet Lot during the Term. Page 1 of 10 12/2/14 25B -5 4. Relationship of Parties. This Agreement is made solely for the purpose of authorizing Operator to manage and operate the Valet Lot at 309 N. Bush. City and Operator are not partners or joint ventures, and the services to be rendered by Operator are as an independent contractor. All personnel for the parking operation shall be employees of Operator and shall not be considered employees of City. 12ivt4 Obligations of the Operator. a. Use. Operator shall use the Valet Lot for the sole purpose of providing valet parking services for automobiles and motorcycles. The Valet Lot shall be used for vehicle parking and related purposes, and for no other use or purpose. b. Conpliance with Laws. Operator shall perform each duty and obligation imposed herein in full compliance with the Santa Ana Municipal Code, including procuring a business license from the City of Santa Ana, and other ordinances of the City, and all applicable laws of the State of California and the United States of America. C. Standard of Service and Performance. Operator agrees to provide a high standard of performance in the execution of all obligations and duties as hereinafter provided, particularly with respect to service given directly to the public utilizing the Valet Lot. The City reserves the right, through the office of the City Manager or his designee, to instruct the Operator as to the standard of performance when deemed necessary. d. Personnel. For the performance of any duties required by this Agreement, Operator shall employ, engage and retain only persons who are competent, efficient, qualified and of honest reputation. Operator shall maintain close supervision over all personnel to insure the integrity and maintenance of an honest and high standard of service to the public, as well as to insure that said persons discharge their duties in a courteous and efficient manner. In addition to parking attendants, Operator shall provide one on -site Parking Manager or Supervisor who shall monitor staff at the Valet Lot during all such hours the Valet Lot is open to patrons. e. Condition of the Valet Lot: Custodial Services. Operator accepts the Valet Lot in its "As -Is" state of repair and condition, and Operator expressly agrees that City has made no representations to Operator regarding the condition of the Valet Lot. No alterations to the Valet Lot shall be made by Operator without first obtaining City's written consent, which City may grant or withhold in City's sole and absolute discretion. Operator shall keep the Valet Lot free from any liens arising out of any work performed, materials furnished or obligations incurred by Operator, and shall indemnify City to the fullest extent provided by Paragraph 6 below in connection with any such liens. Operator shall maintain the Valet Lot in a neat, clean and safe condition during the Term. Without limiting the generality of the foregoing sentence, Operator shall not permit any vehicles to remain in the Valet Lot overnight, nor perform any repair work to any vehicles in the Valet Lot, nor permit any Page 2 of 10 r 12/2/14 patrons to perform any repair work to any vehicles in the Valet Lot. Any vehicles violating the foregoing restrictions shall be towed at Operator's expense. Operator shall not permit patrons to access the Valet Lot or vehicles parked thereon but stall instead require parking attendants to retrieve vehicles for patrons from parking spaces within the Valet Lot. Operator shall be responsible for removing any trash or debris from the Valet Lot at the conclusion of each day of the Term. Operator also agrees to promptly notify City of the need for maintenance or equipment repair that is the City's responsibility under the terms of this Agreement. Operator shall provide copies of daily maintenance performed by Operator at the Valet Lot at the City's request. f. Traffic Control. Operator agrees to implement any necessary traffic control plans specified or approved by the Executive Director of Public Works or designee to ensure the smooth flow of traffic in and out of the Valet Lot. g. Safekeeping of Valet Lot. During all hours of operation, and whenever Operator is performing any obligation of this Agreement at the Valet Lot, Operator shall provide for the safekeeping of the Valet Lot. During hours of operation, Operator shall promptly report any suspicious or illegal activity, or the presence of unauthorized persons to the Santa Ana Police Department. h. Payment to City; Accounting Records. In consideration for City's granting the aforesaid license, Operator shall remit to City, a License Fee of Five Hundred Dollars ($500.00) per month. Said fee shall be issued in the name of the City of Santa Ana and is due to the City on or before the 5a' day of each month. All fees, and any other monies collected at the Valet Lot by Operator shall be collected in the manner prescribed by City. 2. Operator shall maintain full and complete accounting records, in conformity with generally accepted accounting principles applied on a consistent basis, and Operator shall deliver to City a copy thereof, in such form and providing such information as the City may require within five (5) days upon written request from the City, 3. Operator shall maintain all accounting records generated as a result of this Agreement for no less than six (6) months after the end of the Term. Signage; Marketing/Promotional Materials. With the exception of removable signage (which may be in the form of one or more "sandwich board" signs) indicating the availability and cost of Operator's valet parking service and any directional signs in connection with the foregoing, Operator shall not be permitted to install any signage or advertising at the Valet Lot without obtaining the prior written consent of the City, which consent may be granted or withheld in the City's sole and absolute discretion. Any marketing or Page 3 of 10 25B -7 promotional materials, activities, or other similar type of documents must be submitted and approved by the City prior to publication or dissemination to the public. Material cost to be paid for by the City. 6. Indemnification and Hold Harmless. Operator shall indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of or in any way connected with the performance of this Agreement by Operator or Operator's employees, officers, officials, agents or independent contractors, except for the sole negligence or willful misconduct of City. iznn4 Insurance. Operator shall procure and maintain at its sole cost for the duration of this agreement the following insurance: a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage ( "occurrence" form CO 0001); 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering automobile Liability, code 1 "any auto "; 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 4. Garage Keepers Liability: $1,000,000 b. Minimum Limits of Insurance. Operator shall maintain policy limits of no less than: General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit; 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage; 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the labor code and employers liability limits of $1,000,000 per accident. Page 4 of 10 r - 12/2/14 4. Garage Keepers Legal Liability: Minimum amount of $250,000 per location, per occurrence, with a maximum deductible of $1,000 to provide collision and comprehensive coverage for vehicles. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers; or operator shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions: The policies shall contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage: a. The City, its officers, officials, employees, agents and volunteers are to be covered as Insured with respect to liability arising out of activities performed by or on behalf of Operator; products and completed operations of Operator; premises owned, occupied or used by Operator; or automobiles owned, leased, hired or borrowed by Operator. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers; b. Operator's insurance coverage shall be primary insurance as respects the City, officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Operator's insurance and shall not contribute with it; C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers; d. Operator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liabilily Coverage: The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Operator for the City. Page 5 of 10 25B -9 All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. f Verification of Coverage: Operator shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before the commencement of the Term. The City reserves the right to require complete certified copies of all required insurance policies at any time. Safety and Accidents. Operator shall comply with all laws and industrial safety standards. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Operator shall immediately notify the City's Risk Management Office by telephone. Any reports prepared by Operator shall also be promptly submitted to the City's Risk Management Office. 9. Assignment. City has entered into this Agreement in part because of the qualifications of Operator. Accordingly, Operator shall not assign or transfer this Agreement or any of the rights or privileges herein agreed without the express written consent of City, which consent may be withheld with or without cause. 10. Termination. City reserves the right to immediately terminate this Agreement and revoke the License granted hereby in the event any one of the following circumstances occurs during the term of this Agreement: 12/2/14 a. The failure of Operator to maintain the quality and conditions of service imposed under the terms of this Agreement, upon two (2) days written notice to correct the condition(s) objected to; b. The failure of the Operator to keep in fall force and effect at any time the policies and amounts of Insurance required in this Agreement upon five (5) days written notice to Operator to correct the condition(s); C. The happening of any act which results in the suspension or revocation of the rights, power, licenses, permits and authorities necessary for the conduct and operation of the City's parking facilities as herein authorized; d. Any substantial change in the ownership or proprietorship of Operator that, in the opinion of the City, is not in the best interest of the City or of the public; e. A petition under any part of the federal bankruptcy laws, or an action under any present or future solvency law or statute shall be filed by or against Page 6 of 10 25B -10 Operator and shall not be dropped or dismissed within thirty (30) days after the filing thereof; Operator voluntarily discontinues its obligations under this Agreement for a period of two (2) days or more; g. Operator agrees that if this Agreement is terminated, Operator agrees to cooperate in every way possible with any succeeding Operator, so that the public shall not be inconvenienced by the change of Operators. 11. Operator's Duties Upon Expiration of Term. Operator agrees that if upon City's request, at expiration date of the term of this Agreement, or at the earlier termination thereof, Operator shall move its personnel and equipment from the Valet Lot, leaving the Valet Lot in good condition, reasonable wear and tear and acts of God excepted. The City's equipment and equipment purchased by Operator and reimbursed by the City shall be left in good working order and appearance. Operator also agrees that at the expiration date of this Agreement or at the earlier termination hereof, Operator shall provide City with current, accurate financial records pertaining to the Valet Lot. 12. Possessory Interest Tax. Pursuant to section 107.6 of the Revenue and Taxation Code, City hereby advises, and Operator recognizes and understands, that this Agreement may create a possessory interest subject to property taxation and that Operator may be subject to the payment of property taxes levied on such interest. Operator shall pay, prior to delinquency, all taxes assessed against and levied upon Operator's possessory interest, if any. 13. Miscellaneous Obli atg ions: a. Right of City to Inspect. City shall have the right, at any and all reasonable times, to inspect, examine and investigate any and all operations and activities of Operator and of its officers and employees, connected or related to the operation or maintenance of the Valet Lot or to the doing of any of the actions required by Operator under this Agreement, including the unlimited right to enter the Valet Lot at any time to inspect the Valet Lot and to determine whether the Operator is complying with all its, obligations under this Agreement; b. Rates; Schedules: Locations of Valet Stands. Parking rates, methods of operation, discounts and allowances, and the locations of valet parking stands shall be approved in writing by City to Operator prior to implementation; C, Hours of Operation, Operator shall offer the valet parking services contemplated by this Agreement during the following hours (the "Operating Hours ") during the Term: Thursday through Saturday from 8:00 PM to 2:00 AM. Operator may access the Valet Lot within one (1) hour prior to the start time noted above and continue to access the Valet Lot for one (1) hour after the end time noted above to complete any necessary maintenance or perform any Page 7 of 10 12/2/14 25B -11 other duty required of Operator by this Agreement other than accepting patrons' vehicles. d. City's Right to Operate. In the event Operator fails to perform its obligations set forth in this Agreement, as an additional remedy and prior to taking formal action authorized in Section 10, City shall have the right to immediately assume operational control of the Valet Lot in whatever manner is necessary to continue smooth operation of the Valet Lot. This right shall include, but not be limited to, and only to the extent necessary, the right to collect parking fees from users of the Valet Lot; C. Uniforms. Operator agrees to have all parking personnel outfitted in uniforms acceptable to the City. Uniforms must be such that Valet Lot employees are readily recognizable as Valet personnel and which are easily visible at nighttime. City reserves the right to determine what identification will appear on the uniforms; Alterations /Additions. Operator shall not make any alterations, changes, or additions to the Valet Lot, or to any fixtures or equipment owned by City without first having obtained written consent of City; g. Nuisance or Waste. Operator shall not commit, permit or allow any nuisance or waste in, or damage to the Valet Lot, or permit the use of the Valet Lot for any illegal or immoral purposes. 14. Conditions and Covenants. Each covenant herein is a condition, and each condition herein is as well a covenant by the parties bound thereby, unless waived in writing by the parties hereto. 15. Fair Meaning Construction. The language of this Agreement shall be construed according to its fair meaning, and not strictly for or against either City or Operator. 16. Notices. Any action, notice or request required to be taken, given or made by City hereunder may be taken, given or made by the City Manager, or such other person or persons as he may authorize for the purpose. All notices, requests, or other papers required to be given or delivered to Operator shall be deemed to be duly and properly given or made if mailed to City, postage prepaid, addressed to: 12/2/14 Supreme Holdings, Inc. dba Supreme Parking Service 7144 Dinwiddie St. Downey, CA 90241 or personally delivered to Operator at such address, or at such other address as Operator may designate in writing to City. Page 8 of 10 25B -12 All notices, requests, or other papers required to be given or delivered to City shall be deemed to be duly and properly given or made if mailed to City, postage prepaid addressed to: City Manager City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 or personally delivered to the City Manager at the City, or at such other address as City may designate in writing to Operator. 17. Entire Agreement. This Agreement is the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral. This Agreement may be amended only by written agreement signed by both parties. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their duly authorized officers and representatives as of the date first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA: David Cavazos City Manager OPERATOR Supreme Parking Service Page 9 of 10 12/2/14 25B -13 m (1 L Q c m CL a) A� W N Q. O CL c c 25B -15 N t W 25B -16 EXHIBIT 3 REQUEST FOR QUOTATIONS For Valet Parking Services for Downtown Santa Ana Release Date: November 14, 2014 Respond by. November 24, 2014 (5pm) 0 Instructions: Please submit quote by 5pm on November 24, 2014 by emailing Ieisen(a )santa- ana•ora *Please see attached "GENERAL SPECIFICATIONS" for specs and requirements for your submittal. *All questions must be submitted via e-mail. *Please include this cover page with your submittal. OFFER SUBMITTED BY: Signature Company Full Address Phone Print Name Date Fax —e-mail Thank you for your time and assistance. Any questions, please email Leigh Eisen – Iesien(d-)santa- ana.org I 2513-17 GENERAL SPECIFICATIONS BACKGROUND The City of Santa Ana owns a 30,000 square foot public parking lot at the northeast corner of Third St. and Bush St. that holds 62 parking spaces operated by a Luke II paystation machine. The City contracts with Central Parking, a private parking management firm to monitor this lot. The surface lot operates Monday- Saturday from Sam to 8pm in the same manner as the individual on- street parking meters. It is the City's desire to contract for a one (1) year period a parking company to provide valet parking at this location. There is a possibility that the City will consider extending the length of the contract to three (3) years and incorporating additional locations. SCOPE OF WORK Proposed Days and Hours of Operations: Thursday- Saturday 8pm — 2am. Expanding days and times to accommodate for high demand from community special events may be proposed by the operator and will be subject to the City approval. Staging and Storing: The staging and storing of vehicles must all take place within the 3rd and Bush surface lot. It is anticipated that a private agreement with a nearby business /parking lot owner would be entered into for the use of parking overflow vehicles. 3. Service Area: The City requests proposals based on utilization of only the eastern half of the surface lot for valet services and the western half continues to be operated via the paystation from the hours of 8am -8pm. 25B -18 4. Proposed Rate: The City is relying on the successful proposer's expertise in establishing a per vehicle parking rate. It is the responsibility of the proposer to suggest rates based on their expertise in the valet parking industry. 5. Customer Service: The selected valet services operator must respond immediately to customer complaints and inquiries. 6. Marketing Program: The operator will cooperate with the City and various downtown associations (Downtown Restaurant Association, Santa Ana Business Council, Downtown Incorporated) in marketing efforts. SUBMITTAL GUIDELINES 1. Qualifications: Describe the qualifications of the firm, key staff and sub - contractors performing projects within the past five years. Information shall include: a. A summary of your firm's demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Quotation. b. Provide at least five local references that received similar services from your firm. The City of Santa Ana reserves the right to contact any of the organizations or individuals listed. 2. Implementation Plan: An implementation plan that describes the implementation strategies or techniques that the respondent intends to employ in carrying out the work. 3. Project Schedule: A detailed project schedule, identifying all tasks and deliverables to be performed, duration for each task, and overall task of completion. 4. Fee Proposal: The fee proposal shall clearly provide a fee schedule that satisfies the aforementioned Scope of Work for both options referenced in Section 2. Staging and Storing and should include: a. Monthly management fee to operate the valet. b. Estimated city expenses that will need to be fully covered by the valet revenue generated. This includes the loss of meter revenue from 6pm -8pm per metered parking stall utilized for the valet program. 7 25B -19 c. Proposed revenue sharing fee structure. ADDITIONAL INFORMATION City Business License The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. A current business license must be maintained for the entire term of the contract. Failure to comply with this requirement will result in immediate cancellation of the City's contract. Procedure to obtain a City of Santa Ana business license is available on the City's website: http://www.santa- ana.orq /finance /business /business license.asp Insurance The Operator shall, at its own cost, maintain insurance acceptable to City in full force and effect throughout the term of this Agreement. The policy of policies of insurance maintained by Operator shall provide the following limits and coverage: 1. Commercial General Liability (CGL) or Garage Liability: Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an "occurrence" basis, including products - completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Garage Keeper's Legal Liability: with limits no less than $2,000,000 covering the Operator and the City against claims, liabilities, losses, or suits covering exposures for loss of or damage to vehicles in Operator's care, custody and control. This coverage shall be subject to a deductible provision of not more than $1,000 for each loss. 3. Commercial Crime including Employee Dishonesty: with limits not less than $100,000 for Employee Dishonesty and $10,000 for depositors forgery, loss of money and securities, inside or outside the premises and including safe robbery or burglary 4. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. a. "This insurance shall not be cancelled, limited in scope of coverage, or non - renewed until after thirty (30) days' written notice has been given to the Community Development Agency of the City of Santa Ana." 25B -20 b. "It is agreed that any insurance maintained by the City of Santa Ana will apply in excess of, and not contribute with, insurance provided by this policy." c. "The City of Santa Ana and its officers, agents, and employees are added as additional insured as respects operation of the named insured at the Parking Garage located at the northeast corner of Broadway and Third Street, the Garage on the south side of Fifth Street between Bush and French Streets, the Garage on the southwest corner of Fifth and Main Streets, the Garage on the northwest corner of Birch and Third Streets, and the surface parking lot located on the northeast corner of Bush and Third Street in the City of Santa Ana." A sample Additional Insured Endorsement is attached hereto and incorporated herein as Exhibit A. The Additional Insured Endorsement shall be amended periodically to reflect all parking garages /parking lots that Operator manages on behalf of the City. Operator agrees to deposit with City, on or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of the Agreement have been complied with and to keep such insurance in effect and the certificates therefore on deposit with City during the entire term of this Agreement. City shall retain the right at any time to review the coverage, from, and amount of the insurance required hereby. If, in the opinion of the City, the insurance provisions in this Agreement do not provide adequate protection for City and for members of the public using the Premises, City may require Operator to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. City's requirement shall be reasonable, but shall be designed to assure protection from and against the kind and extent of the risks, which exist at the time a change in insurance is required. City shall notify Operator in writing of changes in the insurance requirements, and if Operator does not deposit copies of acceptable insurance policies with City incorporating such changes within sixty days (60) of receipt of such notice, Operator shall be in default without further notice to Operator, and City shall be entitled to exercise all legal remedies. The procuring of such required policy or policies of insurance should not be construed to limit Operator's liability hereunder or to fulfill the indemnification provisions and requirements of this Agreement. s 25B -21 EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Named Insured Countersigned by Authorized Representative this endorsement form as a part of 25B -22 EXHIBIT 4 PARKING COMPANIES LIST The Valet Parking RFQ was sent to: 1. Black Diamond Valet 2. Diamond Parking 3. OC Valet 4. Parking Company of America 5. Parking Concepts 6. Premier Valet Parking 7. SP Plus 8. Supreme Parking 'jose @blackdiamondva let. com'; 'info @ocvaletparking.com'; ' Info @PremiereValetParking.com'; 'Peter Cho' <pcho @spplus.com >; 'iortega @spplus.com'; 'caren @pcacalif.com'; 'Elena Gudino' < elenasupremeparking @ yahoo.com>; Armando Soria <asoriasps @yahoo.com >; finachaves2005 @yahoo.com; 'Ieigh.santa.ana @gmail.com'; 'info @parkingconcepts.com'; 'SantaAna @diamondparking.com' 25B -23 25B -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: WATER PURCHASE ORDER AGREEMENT WITH METROPOLITAN WATER DISTRICT {STRATEGIC PLAN NO. 6,1, & 4,1} CITY IMNAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r,J ,.,.riLa ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Current Base Purchase Order Agreement with the Metropolitan Water District of Southern California to purchase imported water during the 10 -year period from January 1, 2015, through December 31, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Metropolitan Water District of Southern California (MWD) is a wholesale water district supplying imported water to Southern California cities and water districts. To better plan long -term water needs, MWD offers its member agencies the opportunity to participate in 10 -year water purchase agreements. These water purchase agreements are 10 -year commitments to purchase a minimum quantity of water on an annual basis and a minimum quantity of water over the course of the 10 -year commitment. In return for these minimum purchase commitments, MWD assesses a greater percentage of purchased water at a lower, Tier 1 rate. Agencies opting to forego the commitments are assessed at a higher, Tier 2 rate for the greater percentage of their water purchases. Commitments are on a "take or pay" basis; if actual water purchases are less than the purchase commitment during the 10 -year period, participants are still required to pay for the unused portion. In December 2002 the City of Santa Ana, a member agency of MWD, entered into a 10 -year purchase order agreement with MWD to assure that the City would be able to purchase up to 12,128 acre -feet (AF) of water at the Tier 1 rate. The Purchase Order Agreement was extended for two years and will end on December 31, 2014. During both the 10 -year agreement period and the 2 -year extension, the City fulfilled its water purchase commitments and benefitted from Tier 1 rates for additional water purchases. At its November 18, 2014, meeting, the MWD Board authorized issuance of new water purchase orders for the 10 -year period from January 1, 2015, through December 31, 2024. MWD is offering three purchase order options for member agencies. As summarized below, each option affects 25C -1 Water Purchase Order Agreement with Metropolitan Water District December 16, 2014 Page 2 member agency water purchase commitments and limits the quantity of water that can be purchased at the lower, Tier 1 rate. No Purchase Order Option The No Purchase Order option allows member agencies to opt out of entering into an agreement for water purchases. If this option were selected, the City's annual water purchases at the Tier 1 rate would be limited to a maximum of 13,078 AF. Any water required in excess of this amount would be charged at the Tier 2 rate and be subject to the availability of Tier 2 water supplies. Updated Base Purchase Order Option The Updated Base Purchase Order option sets the limit of Tier 1 water available for purchase based on the highest fiscal -year sales during the 12 -year period of FY 2003 through FY 2014. Under this option the City's minimum annual purchase commitment would be 13,204 AR Current Base Purchase Order Option The Current Base Purchase Order option sets the limit of Tier 1 water available for purchase based on the highest fiscal -year sales during the 13 -year period of FY 1990 through FY 2002. Under this option the City's minimum annual purchase commitment would be 8,086 AF. The table below provides a comparison of the three options for the City of Santa Ana: Selection Criteria Annual Commitment 10 -Year Commitment Annual Tier 1 10 -year Tier Tier 1 1 (AF) AF Maximum (AF) Maximum No PO 0 0 13,078 NA Updated Base PO 13,204 132,040 19,807 198,070 Current Base PO 8,086 80,860 19,617 196,170 In recent years, total citywide water consumption has averaged approximately 40,000 AF per year. Of that total, the amount of water purchased from MWD varies from year to year, depending on a variety of operational factors, but is typically between 11,000 AF and 14,000 AF per year. Staff recommends selecting the Current Base Purchase Order option which offers the lowest purchase order commitment and, at the same time, allows the purchase of up to 19,617 AF per year of water at the lower, Tier 1 rate. For Santa Ana, the 10 -year purchase commitment is 80,860 AF with the flexibility to purchase up to 196,170 AF at Tier 1 rates. Staff estimates that, based on current water demand trends and supply sources, the purchase order commitment will be satisfied by the eighth year, two years ahead of schedule. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). Approval of this item also supports the City's efforts to meet Goal #4 City Financial Stability, Objective #1 (maintain a stable, efficient, and transparent financial environment). 25C -2 Water Purchase Order Agreement with Metropolitan Water District December 16, 2014 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted annually in the Water Production and Supply Fund (Account 06017640- 63001). APPROVED AS TO FUNDS AND ACCOUNTS: re Mousavl our Francisco Gutierrez Exe utive Director Executive Director Public Works Agency Finance & Management Services Agency FM /NS /RR Exhibits: 1. Agreement 2. MWD Board Action 25C -3 25C -4 PURCHASE ORDER FOR SYSTEM WATER TO BE PROVIDED BY THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA PURCHASER: TERM City of Santa Ana 10 years: January 1, 2015 – December 31 2024 INITIAL BASE PERIOD DEMAND: EFFECTIVE DATE: acre -feet January 1, 2015 13,476 INITIAL TIER 1 MAXIMUM — Annual INITIAL TIER 1 MAXIMUM— Cumulative: Average: acre -feet acre -feet 19,617 196,170 PURCHASE ORDER COMMITMENT— PURCHASE ORDER COMMITMENT — Annual Average: Cumulative: acre -feet 8,086 acre -feet 80,860 Definitions of capitalized terms used in this Purchase Order are provided in Attachment 1. Terms used in this Purchase Order and not defined in Attachment 1 are defined in Metropolitan's Administrative Code. COMMITMENT TO PURCHASE: In consideration of Purchaser's commitment to purchase System Water pursuant to this Purchase Order, Metropolitan agrees to sell such System Water to Purchaser at the Tier 1 Supply Rate in an amount up to the Tier 1 Maximum — Cumulative. All System Water sold to Purchaser in an amount greater than the Tier 1 Maximum — Cumulative shall be sold to the Purchaser at the Tier 2 Supply Rate. In connection with the purchase of System Water, the Purchaser also agrees to pay all other applicable rates and charges, as established by Metropolitan from time to time. The rates and charges applicable to System Water as of the Effective Date are shown in Attachment 2. If Purchaser's applicable System Water purchases during the Term exceed Purchaser's Tier 1 Maximum, Purchaser may elect to: a.) Subject to the provisions of paragraph c) below, pay any Tier 2 Supply obligations at the end of the Term, in an amount equal to the difference between the Purchaser's applicable System Water purchases and the Tier 1 Maximum — Cumulative during the Term times the average of the Tier 2 Supply Rate in effect during the Term; or, b.) pay any Tier 2 Supply obligations, annually as purchases are incurred, in an amount equal to the difference between the Purchaser's applicable annual System Water purchases and the Tier 1 Maximum — Annual times the Tier 2 Supply Rate in effect during the calendar year. A true -up at the end of the Term will be performed to ensure that the Purchaser has received all Tier 1 Maximum — Cumulative purchases allowed by the Purchase Order. c.) if, after the end of the first five years, Purchaser has accrued a cumulative Tier 2 Supply Rate obligation, Purchaser may elect to pay the initial five year cumulative Tier 2 -t- 25C -5 supply rate obligation (i) in full at the end of year five of the Term , (ii) amortize it in five equal installments over the remaining five calendar years of the Term or (iii) pay it at the end of the Term Commencing in year 6 of the Term, Purchaser shall pay any additional Tier 2 Supply Rate obligation annually. . Purchaser agrees to purchase System Water from Metropolitan during the Term in an amount not less than the Purchase Order Commitment. If Purchaser's applicable System Water purchases during the Term are less than the Purchase Order Commitment, Purchaser agrees to pay Metropolitan an amount equal to the difference between the sum total in acre feet of water of the Purchase Order Commitment and the sum total in acre feet of water of Purchaser's applicable System Water purchases during the Term times the average of the Tier 1 Supply Rate in effect during the Term. Purchaser agrees to pay all amounts owing to Metropolitan, whether to satisfy a Purchase Order Commitment or a Tier 2 Supply Rate obligation, within the next regular billing cycle following the reconciliation of all certifications for special programs that the Purchaser may participate in. The Purchaser may elect to pay such amount in twelve equal monthly payments over the course of the next twelve months beginning with the first regular billing cycle following the reconciliation of all outstanding certifications for special programs. If the Purchaser elects to pay such amount over the course of the next twelve months following the regular billing cycle any outstanding balance shall bear interest at Metropolitan's then current investment portfolio average yield. All other amounts payable under this Purchase Order shall be billed and paid in accordance with the Administrative Code. COMMITMENT APPEAL: If the Purchaser's applicable System Water purchases during the Term are less than the Purchase Order Commitment, each acre -foot of unmet commitment will be reduced by the amount of production from a local resource project, measured in acre -feet, that commences operation on or after January 1, 2014. Local resource production includes any project type as approved by the Board under the Local Resources Program. WATER SERVICE: Conditions of water service by Metropolitan to the Purchaser, including but not limited to (i) delivery points, (ii) water delivery schedules, and (iii) water quality, will be determined in accordance with Chapter 5 (Section 4500 through 4514, inclusive, as applicable) of Metropolitan's Administrative Code. In accordance with its Administrative Code, Metropolitan shall use its reasonable best efforts to supply System Water in the quantities requested by the Purchaser, but is not obligated to dedicate any portion of System capacity for the conveyance, distribution, storage or treatment of System Water for the benefit of the Purchaser or any other member agency. Metropolitan shall use its reasonable best efforts to deliver the System Water when needed by the Purchaser during the Term; provided however, there shall be no default under this Purchase Order if Metropolitan fails to deliver water to the Purchaser in accordance with any such schedule of deliveries during the Term. By execution of this Purchase Order, the Purchaser recognizes and agrees that it acquires no interest in or to any portion of the System or any other Metropolitan facilities or supplies, or any right to receive water delivered through the System, excepting the right to purchase up to Purchaser's Tier 1 Maximum — Cumulative at the Tier 1 Supply Rate provided that System Water is available. This Purchase Order governs pricing of the System Water delivered to the Purchaser pursuant to this Purchase Order and does not confer any entitlement to receive System Water -2- 25C -6 System Water provided to the Purchaser under the terms of this Purchase Order shall be subject to reduction in accordance with the shortage allocation provisions of the Water Surplus and Drought Management Plan (the "WSDM Plan ") or other such policies and principles governing the allocation of System Water as adopted by the Board. In the event that Metropolitan's Board determines to reduce, interrupt or suspend deliveries of System Water, any outstanding balance of the Purchase Order Commitment at the end of the Term shall be reduced by the Purchase Order Commitment — Annual Average for each and every fiscal or calendar year that a reduction, interruption or suspension occurred. MISCELLANEOUS: This Purchase Order will be interpreted, governed and enforced in accordance with the laws of the State of California. This Purchase Order will apply to and bind the successors and assigns of the Purchaser and Metropolitan. No assignment or transfer of the rights of the Purchaser under this Purchase Order will be valid and effective against Metropolitan or the Purchaser without the prior written consent of Metropolitan and the Purchaser. If at any time during the Term, by reason of error in computation or other causes, there is an overpayment or underpayment to Metropolitan by the Purchaser of the charges provided for under this Purchase Order, which overpayment or underpayment is not accounted for and corrected in the annual re- determination or reconciliation of said charges, the amount of such overpayment or underpayment shall be credited or debited, as the case may be, to the Purchaser. Metropolitan will notify the Purchaser in writing regarding the amount of such credit or debit, as the case may be. In no case will credits or debits for charges provided for under this Purchase Order be administered beyond the limit for billing adjustments as specified in Metropolitan's Administrative Code. -3- 25C -7 IN WITNESS WHEREOF, this Purchase Order is executed by the duly authorized officers of the Metropolitan Water District of Southern California and , as of December _, 2014. THE METROPOLITAN WATER DISTRICT OF CITY OF SANTA ANA SOUTHERN CALIFORNIA 0 Jeffrey Kightlinger General Manager Ba [Title] DAVID CAVAZOS, City Manager APPROVED AS TO FORM AND CONTENT: General Counsel 0 Jose Sandoval, Chief Assistant City Att. General (";nllnRP.l Ba -4- 25C -8 ATTEST: MARIA D. HUIZAR City Clerk Attachment 1 Purchase Order for System Water DEFINITIONS "Act" means the Metropolitan Water District Act, California Statutes 1969, Chapter 209, as amended and supplemented from time to time. "Base Period Demand" means the greater of (i) the Initial Base Period Demand or (ii) the five -year rolling average of the Purchaser's System Water purchases, measured on a fiscal year basis. "Effective Date" means the effective date of this Purchase Order as specified above. "Demand" means the Purchaser's purchases of System Water supplies, including full service, seasonal shift, Conjunctive Use Program, Surface Storage Operating Agreement water, Recharge and Recovery Operating Agreement water, or any other water program deemed to be a purchase of water. "Initial Base Period Demand" means the Purchaser's highest annual Demand, as determined by Metropolitan, in: a). any fiscal year during the period from fiscal year 1989/90 through fiscal year 2001/02; or b). any fiscal year during the period from fiscal year 2002/03 through fiscal year 2013/14. "Metropolitan" means The Metropolitan Water District of Southern California. "Purchase Order Commitment" means: a). if the Purchaser elects option a). under the Initial Base Period Demand, then 60% of the Purchaser's Initial Base Firm Demand as previously calculated by Metropolitan, which is the highest fiscal year firm Demand during the period from fiscal year 1989/90 through fiscal year 2001/02, times 10; or b). if the Purchaser elects option b). under the Initial Base Period Demand, then 60% of the Purchaser's highest fiscal year Demand during the period from fiscal year 2002/03 through fiscal year 2013/14, times 10. "Purchase Order" means this Purchase Order for System Water. "Purchaser" means the member public agency specified above, a duly organized [city /water district/county water authority] of the State of California. "System" means the properties, works and facilities of Metropolitan necessary for the supply, development, storage, conveyance, distribution, treatment or sale of water. "System Water" means water supplies developed by Metropolitan and delivered to the Purchaser through the System or other means (e.g. conjunctive use storage). "Term" means the term of this Purchase Order as specified above. -5- 25C -9 "Tier 1 Maximum — Annual" means an amount equal to 90% of the Initial Base Period Demand. "Tier 1 Maximum — Cumulative" means an amount equal to the Tier 1 Maximum — Annual times 10. "Tier 1 Supply Rate" means Metropolitan's per- acre -foot Tier 1 Supply Rate, as determined from time to time by Metropolitan's Board of Directors. The initial Tier 1 Rate is $158/AF. "Tier 2 Supply Rate" means Metropolitan's per- acre -foot Tier 2 Supply Rate, as determined from time to time by Metropolitan's Board of Directors. The initial Tier 2 Rate is $290 /AF. "Water Surplus and Drought Management Plan (WSDM)" means Metropolitan's policy and procedures for managing supplies and drought conditions as adopted by the Board from time to time. -6- 25C -10 Attachment 2 Purchase Order for System Water RATES AND CHARGES 7- 25C -11 Effective January 1, 2015 Effective January 1, 2016 Tier 1 Supply Rate ($ /AF) $158 $156 Tier 2 Supply Rate ($ /AF) $290 $290 System Access Rate ($ /AF $257 $259 System Power Rate $ /AF) $126 $138 Water Stewardship Rate $ /AF $41 $41 Full Service Untreated Rate ($ /AF ): Tier 1 $582 $594 Tier 2 $714 $728 Treatment Surcharge $ /AF) $341 $348 Full Service Treated Rate ($ /AF ): Tier 1 $923 $942 Tier 2 $1,055 $1,076 Readiness -to -Serve Charge ($ millions) $158 $153 Capacity Charge $ /cfs) $11,100 $10,900 7- 25C -11 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA • Board of Directors Finance and Insurance Committee 11/18/2014 Board Meeting RM Approve the proposed terms for Purchase Orders with Member Agencies; authorize the General Manager to execute Purchase Orders with Member Agencies consistent with the proposed terms; and approve the Proposed Amendments to the Administrative Code Executive Summary The Board is asked to approve the proposed terms for Purchase Orders with member agencies as outlined in Attachment 1, authorize the General Manager to execute Purchase Orders with member agencies consistent with the proposed terms, and approve the proposed amendments to the Administrative Code as shown in Attachment 3. The Purchase Orders will allow member agencies to purchase greater amounts of Metropolitan system water at the Tier 1 Supply Rate in exchange for a commitment to purchase a specific amount of water at a minimum over time which provides Metropolitan with a measure of revenue certainty over the term of the agreements. Details Purchase Orders are voluntary agreements that determine the amount of water that a member agency can purchase at the Tier 1 Supply Rate. They allow member agencies to purchase a greater amount of water at the lower Tier 1 Supply Rate than would otherwise be authorized by the Administrative Code. In exchange for the higher Tier 1 Maximum, the member agency commits to purchase a specific amount of water (based on past purchase levels) over the term of the agreement. Such agreements allow member agencies to manage costs and provide Metropolitan with a measure of secure revenue. As previously explained to the Board and as further clarified below, Purchase Orders are adjuncts to the cost -of- service study in that they implement Metropolitan's tiered supply pricing structure. Metropolitan's current cost -of service study, as well as the current budget and rates, assume no Tier 2 sales. If received, Tier 2 revenue will be used towards the incremental cost of acquiring additional water supplies to serve users with increasing demands and to fund additional conservation efforts. The Tier 2 Supply Rate also encourages efficient water resource management and conservation by indicating to member agencies the increased costs associated with demand increases. Purchase Orders also allow member agencies to maintain and manage local supplies by, for example, removing possible replenishment disincentives. The existing Amended and Restated Purchase Order agreements, entered into with 22 member agencies, expire on December 31, 2014. Through discussions with the Board and the member agencies, a proposal was developed for new ten -year Purchase Orders. The key terms of the new Purchase Orders are outlined in greater detail in Attachment 1, and include: • A ten -year term, effective January 1, 2015 through December 31, 2024; • For member agencies executing a Purchase Order, the choice between the demand base of the current Amended and Restated Purchase Order agreements, which is the highest fiscal year purchases during the 13 -year period of FY 1990 through FY 2002, or the highest year in the most recent 12 -year period of Exhibit 2 25C -12 11/18/2014 Board Meeting 8 -1 Page 2 FY 2003 through FY 2014. The demand base is unique for each member agency, reflecting its use of Metropolitan's system water over time; • An overall purchase commitment by the member agency based on the demand base period chosen, times ten to reflect the ten -year Purchase Order term. Those agencies choosing the more recent 12 -year period may have a higher Tier 1 Maximum and commitment. The commitment is also unique for each member agency; • The opportunity to reset the base period demand using a five -year rolling average; • Any obligation to pay the Tier 2 Supply Rate will be calculated over the ten -year period, consistent with the calculation of any Purchase Order commitment obligation; and • An appeals process for agencies with unmet purchase commitments that will allow each acre -foot of unmet commitment to be reduced by the amount of production from a local resource project that commences operation on or after January 1, 2014. The Administrative Code provides that a member agency's Tier 1 Maximum is 60 percent of their calculated Revised Base Firm Demand. Each member agency's Revised Base Firm Demand is shown in Administrative Code Section 4122. Under the Purchase Orders, member agencies will have the option to purchase a greater amount of water at the lower Tier 1 Supply Rate in exchange for a commitment to purchase a minimum amount of water over the term of the Purchase Order. The current sum of the Tier I Maximum for member agencies, with and without Purchase Orders, totals 2.05 million acre -feet (MAF) for Calendar Year 2014. Discussions with member agencies regarding possible new Purchase Orders indicate that the total sum of the Tier 1 Maximum amounts is expected to remain at approximately 2.05 MAF. The current sum of the annual average commitment for member agencies with a Purchase Order total approximately 0.9 MAF; the total sum of the annual average commitment for member agencies anticipated to execute a new Purchase Order is also expected to remain at approximately 0.9 MAF. Some member agencies use Metropolitan as a full requirements provider, some use Metropolitan as a partial requirements provider, and some member agencies use Metropolitan for standby service. The cost -of- service analyses and the resulting Readiness -to -Serve Charge, Capacity Charge, and volumetric rates capture the costs of these varying needs. Tiered supply rates, however, allow Metropolitan to cover higher incremental resource costs to supply users with increasing demands. Tier 2 revenues realized in the current or future biennial budget period will be transferred to the Water Management Fund to cover these higher incremental resources costs, including North of Delta transfers, as well as additional conservation expenses to address the increased demand and mitigate its impact. For member agencies that sign new Purchase Orders and commit to purchase a minimum amount of water, their obligation to pay the Tier 2 Supply Rate will be calculated over the term of the Purchase Order, consistent with the calculation of the commitment obligation. In this way, the Purchase Order focuses any Tier 2 obligation on agencies with demands that are increasing or agencies that are unable to maintain local resources on an ongoing basis, rather than hydrologic variations which are accommodated in Metropolitan's current supply portfolio and financial reserves. Calculating member agencies' Tier 2 obligations over the entire term also accommodates responsible and sustainable water management by member agencies that may be cost prohibitive if Tier 2 obligations were calculated annually. For example, the cumulative calculation of any Tier 2 obligation allows member agencies with Purchase Orders to take large amounts of water in a short period of time in order to replenish storage but still stay within their Tier 1 base demand as long as they manage their deliveries over the long term. Member agencies that accrue a Tier 2 obligation by virtue of exceeding their Tier 1 Maximum at the end of year five of the Purchase Order will pay their Tier 2 obligation annually. Any member agency without a Purchase Order must pay their Tier 2 obligation in the calendar year in which it accrues. Member agencies give their prospective commitments considerable deliberation when determining whether to sign a Purchase Order or not. Their commitment to purchase system water from Metropolitan over the term 25C -13 11/18/2014 Board Meeting 8 -1 Page 3 provides a level of assurance between the member agency and Metropolitan, and among the member agencies, that revenues will be generated. In particular, the Purchase Order commitment provides a level of assurance among the member agencies that participating agencies will share in the costs of supporting Metropolitan, as determined by cost -of- service analyses. Attachment 2 summarizes each member agency's options. Attachment 3 includes the proposed changes to the Administrative Code in strike - through and underline format to incorporate the new Purchase Order. Purchase Orders are voluntary and do not confer a contractual right to system water to a member agency. The Tier 1 and Tier 2 Supply Rates for Calendar Years 2015 and 2016 have already been determined by the Board. Biennially, the Board reviews the proposed Tier 1 and Tier 2 Supply Rates as part of the biennial rate setting process. Metropolitan Water District Administrative Code Section 4120: Purchase Order; Purchase Order Commitment Metropolitan Water District Administrative Code Section 4122: Base Period Demand; Revised Base Firm Demand; Initial Base Firm Demand; Metropolitan Water District Administrative Code Section 4404: Purchase Orders California Environmental Quality Act (CEQA) CEQA determination for Option #1: The proposed action is not defined as a project under CEQA because it involves continuing administrative activities, such as general policy and procedure making (Section 15378(b)(2) of the State CEQA Guidelines). In addition, the proposed action is not subject to CEQA because it involves other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). In addition, where it can be seen with certainty that there is no possibility that the proposed action in question may have a significant effect on the environment, the proposed action is not subject to CEQA (Section 15061(b)(3) of the State CEQA Guidelines). The CEQA determination is: Determine that the proposed action is not defined as a project and is not subject to CEQA pursuant to Sections 15378(b)(2), 15378(b)(4), and 15061(b)(3) of the State CEQA Guidelines. CEQA determination for Option #2: None required Board Options Option #1 Adopt the CEQA determination that the proposed action is not defined as a project and is not subject to CEQA, and a. Approve the proposed terms for Purchase Orders with member agencies as outlined in Attachment 1; b. Authorize the General Manager to execute the Purchase Order with member agencies opting to execute the Purchase Order consistent with the proposed terms, in a form approved by the General Counsel; and c. Approve amendment of Sections 4120, 4122, 4401, 4404, and 4507 of the Administrative Code as shown in Attachment 3. Fiscal Impact: The Purchase Orders will have no fiscal impact in FY 2014/15 and FY 2015/16; the biennial budget assumes 1.75 MAF of sales in each fiscal year, with no Tier 2 purchases. 25C -14 11/18/2014 Board Meeting 8 -1 Page 4 Option #2 Do not approve the proposed terms for Purchase Orders with member agencies, do not authorize the General Manager to execute the Purchase Order, and do not approve changes to the Administrative Code. Fiscal Impact: Unknown Staff Recommendation Option #1 —4t� 11/3/2014 Gary Btha0 Date Chief Financial Officer Attachment 1 – Purchase Order for System Water to be Provided by the Metropolitan Water District of Southern California: Key Terms Attachment 2 – Tier 1 Maximum and Commitment Options Attachment 3 – Proposed Amendments to Administrative Code Ref# cfol2633440 25C -15 11/18/2014 Board Meeting 8 -1 Attachment 1, Page I of 2 Purchase Order for System Water to be Provided by the Metropolitan Water District of Southern California Key Terms Term: • 10 years, effective January 1, 2015 through December 31, 2024 Base Period: • For purposes of determining their Tier 1 maximum, member agencies can choose between the current Revised Base Firm Demand, which is the highest fiscal year sales during the 13 -year period of FY 1990 through FY 2002, OR the highest year in the most recent 12 -year period of FY 2003 through FY 2014. Both calculations include Interim Agricultural Water Program, Seasonal Storage Service —Long, Cyclic and Replenishment Program sales. • Member agencies executing Purchase Orders will have a Tier 1 Maximum based on 90% of the respective base period peak year they choose. • If a member agency opts to use the original 13 -year period for their Purchase Order, their commitment will be 60% of the 2003 Initial Base Firm Demand (same as current Purchase Order). • If a member agency opts to use the more recent 12 -year period for their Purchase Order, their commitment will be 60% of the highest year in the most recent 12 -year period. • Member agencies who do not execute a Purchase Order will have their Tier 1 limit set at 60% of the Revised Base Firm Demand (same as current Purchase Order). • The calculation of the rolling average for purposes of resetting the Tier 1 maximum will exclude Water Supply Allocation Plan years and will use a 5 -year period. Once the Tier 1 Maximum resets, this reset will not go down. Tier 2 Applicability: • Tier 2 should only be applied to a member agency if its cumulative sales for the term of the Purchase Order exceed its cumulative Tier 1 Maximum, consistent with the methodology currently utilized to satisfy the 60 percent Purchase Order commitment. • Member agencies with Tier 2 obligations may choose: To have the obligation calculated at the end of the 10 -year term and pay any Tier 2 obligations at that time, based on the average of the difference between the Tier 1 and Tier 2 Supply Rates over the 10 -year term. To pay any Tier 2 obligations as they are incurred, with a true -up at the end of the 10 -year period. If, after Year 5, a Purchaser has accrued a Tier 2 obligation (purchases exceed the Tier 1 Maximum annualized * 5), the Purchaser will begin paying any future Tier 2 obligation annually. Any outstanding Tier 2 obligation owing from the initial 5 -year period can be amortized over the next 5 calendar years or paid at termination of the Purchase Order. 25C -16 11/18/2014 Board Meeting 8 -1 Attachment 1, Page 2 of 2 Additional Aspects of the Purchase Orders: • Purchase Orders are voluntary • The commitment is cumulative over the term; agencies that do not meet the full amount of the commitment during the term will pay for the unmet commitment at the average of the Tier 1 Supply Rate in effect during the term. The Purchase Order will allow for an appeals process at the end of the term for agencies with an unmet commitment. Each acre -foot of unmet commitment will be reduced by the amount of production from a local resource project, measured in acre -feet, that commences operation on or after January 1, 2014. Local resource production includes any project type as approved by the Board under the Local Resources Program. • The commitment will be adjusted to exclude Water Supply Allocation Plan years. • Purchase Orders do not confer a contractual right to system supply to a member agency. The proposal does not accommodate the exchange or sale of purchase order quantities between member agencies. • All member agency purchase orders will extend over the same 10 -year period. Member agencies purchase orders will be effective January 1, 2015. • The Tier 2 Supply Rate for Calendar Years 2015 and 2016, as already determined by the Board, will not change. Biennially, the Board reviews the proposed Tier 1 and Tier 2 Supply Rates as part of the biennial rate setting process. 25C -17 W O rv-I a, N N m F' •Y N O V O IN H 0 a O C d E E E v M C A E X CR G d H 25C -18 E N O d' m O N to a1 N H 0) 01 LO Ln H O N m 01 co LO Ol 00 m d' O N m N 00 m r r H V M W of m m r LD N ay N m r O -tv r H H V Ln O m N m H V r m w 00 Ln d' H r N r O H Ln w H O d' m m W O r m E E 1 'O 0 W N M s M c F 1-� n N N cr VF M Il d, M N M 1l� 4 M Lr 0 ti x@ H H r r tD H w H M N W H m H CF H �• O V1 O 7 h N H M H Ln > t a ti p Y 3 01 0 d' O OC M Ln Ln 00 Ln l0 H W O7 a V1 N 00 N N r Ol r CI' 01 r CF H w d' LD M N H N co d' H CI' Ln O 00 m l0 m H It O m 00 O O H 00 01 c0 H co N N m m Ln m 0 cY cY m 00 ID w M r 00 V 00 01 LO N O a r N •R O } 00 ""� a 06 r- M r. 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N O^ r O H O H N 1p H N H Ln O-t m LO O r O O1 LD O m 00 c0 m 0) co Y C LL c N N Ol O a r tD m m c0 m H H H H N Ln m 01 co O M r O 00 r N m CO 00 01 00 N N M V M Ln � 00 r M M LO H N w H O V O1 N O In H O v 06 0 ai 06 m o � � is ai m Lo rr Z a � & m E H H lD 'V H M H N O 06 H ri 06 H ri H d' O ai M ri t OM m N w £ Y O 3 E H U c o U O H CO r V' r O H Ln m r Ln N H N r r N N r V M 00 t0 :Zr r N w H r r H LO M (n V1 m m N Ln LD LO r r H 00 O O O V Ln M lD LO M H d N H 00 m N LD l0 00 r 00 H O Ln 00 m Ln '7 Cl) w O a* O M to V N N } N O "� M Ln c Ol M O V n M rl n n r-I n Lr n 1 N ZF 6 N L6 O 6 r LL N Ov Li V r O 00 r O V H It Ln 00 m O m m m m m co r d' c0 r co m Ln l0 d' m H N m 00 Ln m V T LO l!1 l0 m O d' a1 al cp 7 Ol (n V N r LO m Ln H co LO � LD LO LO O Ln H LD T N 0) r Ln m O 01 r m N N <0 O N N N M n '�F 06 N Q> L6 N rr N Ol NI N n N H M L N ti H N M 'V N N H N H H O H H N O N Ln N N H 00 rr N CF L!1 M m Ln r r, al O 9 Ln N H r N H O H 01 CF Ln H H r Ln a m Ln O 00 lD V N r LO '7 m m H LD Ln m O N H H LI°1 m m m N Ln al m N Ln a) r V N a) a 0 m m H N 00 H M a lD H N Ln H m 00 00 00 LO Ln O O 01 '7 M N N M m N r d� '1F 0 Ln O L6 N N Oi LD N' M 06 r M r rl H cv1 N 06 M 06 V L6 O N H H m 00 H H N lO N M 'cl' N Ln H H r N H r LD L!1 O HH M N L11 H 00 n N N u C � Q �w O to In m N 00 d E= Y N m C O 0) E 0J N N V c0 O C f0 C .6 •� } C O @ _ O N W C O w a_a) E m Q � U m w w L v v b °' Y v c> wOq Lb o v LM m> a c E c ou Q Li gym, ,�, w` Y a — I c v c c c c c c v CL v v I- Q W _m C J c� C m m m m U U U LPL 11 (D JO JO Ov N O 25C -18 11/18/2014 Board Meeting 8 -1 Attachment 3, Page 1 of 4 § 4120. Purchase Order; Purchase Order Commitment. "Purchase Order" shall mean a member agency's written commitment to purchase a specified total volume of water from the District during a specified period, as provided in Section 4404. and "Purchase Order Commitment" shall mean ° but net ..InAe— E), deliveries undef the Ptne ass Order ee ,._mitt. ent the amount of system water a member agency commits to purchase over the term of the Purchase Order. M. I.44812 - March 12,2002; amended by M. I.45249 - March 11, 2003. § 4122. Base Diem- Period Demand; I„ Revised Base Firm Demand; Initial Base Firm Demand. "Base Finn Period Demand" shall mean the amount specified in a member agency's Purchase Order, that is either: the greatef of the member agency's Initial-Revised Base Firm Demand, as specified in this Section: or b) the member agency's highest fiscal year purchases from fiscal year 2003 through 2014: provided, however, that if et-b) -the member agency's teofive- fiscal year rolling average of deliver-ies-purchases of water from the District for the most recent ten -five fiscal year period, excluding, o in either ease; water purchased under an interruptible program. exceeds the member agency's initial Base Period Demand then the member agency's Base Period Demand for each subsequent calendar year shall be increased to the member agency's five -fiscal year rolling age_ , "Initial Base Firm Demand" shall mean the member agency's highest annual delivery of water from the District, excluding water delivered under Long -Term Seasonal Storage Service, Interruptible Service, and Interim Agricultural Water Program Service, during any fiscal year from fiscal year 1989/90 through fiscal year 2001/02. 25C -19 - e _ ■ _ ■ 25C -19 11/18/2014 Board Meeting 8 -1 Attachment 3, Page 2 of 4 Effective as of January 1, 2013, each member agency's r„ Revised Base Firm Demand Post Aq i4he. ..,.. fef flunk atien of R- len t o �.» .. �..� „p v"'�rrii�cairve- £=vzvcu ^n�is as follows: Member Agency Revised IBFD Anaheim TA[�x/D 27,154 Beverly Hills 14,867 Burbank 18,640 Called 122,498 Central Basin 119,617 Compton 5,620 Eastern 102,694 Foothill 13,081 Fullerton 12,554 Glendale 29,135 Inland Empire 103,648 Las Virgenes 22,999 Lon Beach 57,560 Los Angeles 372,959 MWDOC 311,769 Pasadena 23,533 San Dieso 655,903 San Fernando 1,049 San Marino 1,998 Santa Ana 21,797 Santa Monica 12,344 Three Valleys 83,248 Torrance 23,297 Upper San Gabriel 74,698 West Basin 175,024 Western 94,567 § 4401. Rates. Supply Rate: Tier 1. Supply Rate — The Tier 1 Supply Rate shall apply to water purchases which in the aggregate for any calendar year, are less than or equal to 60 percent of the Revised Base Firm Demand of such member agency as specified in Section 4122, unless that member agency has executed a Purchase Order, as defined in Section 4120 in which case the Tier 1 Supply Rate applies to water purchases as established by the Purchase Order terms ,ems 25C -20 11/18/2014 Board Meeting 8 -1 Attachment 3, Page 3 of 4 90 dle Base Tier 2 Supply Rate —The Tier 2 Supply Rate shall apply when a member agency's cumulative total of fW1 seM� 'a ;es water purchases for the calendar year exceeds 60 percent of the member agency's Revised Base Firm Demand as specified in Section 4122, or according to the terms of a Purchase Order 9013efee.. t-&� for member public agencies that execute a Purchase Order § 4404. Purchase Orders. (a) The General Manager shall establish and make available to member public agencies the form of the Purchase Order and procedures for its administration. The General Manager shall establish a deadline by which all Purchase Orders shall be executed by member public agencies that desire to enter into such agreements with the District. Following the deadline established by the General Manager, no member public agencies will be allowed to execute Purchase Orders. (b) The term of the ifriti&Purchase Orders shall be r T°«„° =y , 2004 t",.°..gh .. «a ifi°,..a: «n 4ee Aw 3 2m'specified in the Purchase Order. All Purchase Orders in effect for the same time period shall be on substantially the same terms shall be eji substantially the °' °" ° ° «' ` - JhA ° .a�-ny -All aamendments to Purchase Orders M &b&-sa "met tergcluire approval by the Board. (c) Each member public agency executing a Purchase Order shall commit to purchase at least its Purchase Order Commitment during the term of the Purchase Order. (d) Purchase Orders shall permit tea member public agency that a a Purehase Order shall be permi#ed-a� to purchase up to 90 percent of its Base &rf3rPeriod Demand at the Tier 1 Supply Rate for the tenn of the Purchase Order. Y •. (g4 e)_All water deliveries under a Purchase Order shall be subject to the operational conditions and constraints contained in this Division. In ienaddition, all billings and payments for such water shall be subject to the provisions of this Division in the same manner as other water delivered by Metropolitan. 25C -21 11/18/2014 Board Meeting 8 -1 Attachment 3, Page 4 of 4 § 4507. Billing and Payment for Water Deliveries. 25C -22 e - ,. FOR! .. IN 11 .. - ----------- - 25C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: M MR MAINTENANCE SERVICE AGREEMENT FOR POWER WASHING AND SWEEPING AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER (SPEC. NO. 14079) T��G (STRA AN N 1, C Jr C TY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 "Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with TSCM Corporation, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide power washing and sweeping services at the Santa Ana Regional Transportation Center, for a two -year period ending December 31, 2016, with two one -year renewal options exercisable by the City Manager, in an amount not to exceed $40,700 annually, which includes a $5,000 contingency. DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a transit hub that offers Amtrak, Metrolink, Orange County Transit Authority, and other bus and taxi services, with nearly 3,000 commuters passing through each day. The SARTC is also home to State and County social service providers, the City's WORK Center, and several commercial businesses. The City maintains this facility for the traveling public, SARTC visitors, and tenants. A Request for Proposals (RFP) for power washing and sweeping services was advertised on November 6, 2014, on the City's online bid management and publication system. Additionally, 11 companies were notified of the business opportunity. Below is a summary of the proposals solicited and received: 11 Vendors notified 3 Bids received 0 Bids received from Santa Ana vendors The proposals received were rated by a team from the Public Works and Finance & Management agencies. They were evaluated according to the firms' experience, understanding of the scope of work, references, and proposed fee. TSCM Corporation received the highest average score of 92. The ratings and fees for all proposals are as follows: 25D -1 Maintenance Service Agreement for SARTC Power Washing and Sweeping December 16, 2014 Page 2 FIRM LOCATION RATING PROPOSED FEE TSCM Corporation Huntington Beach 92 $35,700 RUEVAC Property Services Inc. Orange 90 $36,444 HydroBlast Orange 71 $38,760 The proposal submitted by TSCM Corporation is consistent, reasonable, and in line with staff's estimate of $36,000. Because of the quality of personnel, experience, and cost to the City, it is recommended that TSCM Corporation be retained for the power washing and sweeping services at the SARTC. The agreement term is from January 1, 2015, through December 31, 2016, and includes two one -year extension options exercisable by the City Manager. Annual expenditures are not to exceed $40,700 annually, which includes a $5,000 contingency. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds are budgeted annually in the Public Works SARTC Operations Maintenance and Repair — Building and Grounds account (06717650- 62320). t Fred Mousavipour Executive Director Public Works Agency FM /MLM /GPL APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance 8k Management Services Agency Exhibits: 1. Maintenance Service Agreement 25D -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this -- day of January 2015 by and between TSCM Corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of power washing and sweeping of streets and sidwalks. 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 supply all labor, materials, equipment and transportation necessary for maintaining clean and well swept all areas of the Santa Ana Regional Transportation Center ( "SARTC "), including the two parking lots, all paths of entry, bus parking stalls and driveways and all four levels of the parking structure. In addition, Consultant shall conduct removal of stains and deposits from cement and brick paver sidewalks at the SARTC as referenced in RFP 14 -079. At all times while providing power sweeping and washing services for City, Contractor shall comply with all Federal, State and local requirements for collection, filtering and disposal of waste and water. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $725.00 per month for sweeping services and $2,250.00 per month for power washing services for a total of $2,975.00 per month. The total sum to be expended under this Agreement shall not exceed $35,700.00 annually during the tern of this Agreement, excluding any contingency approved by City Council 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 25D -3 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 December 31, 2016, unless terminated earlier in accordance with Section 12, below. The term of this Agreement maybe extended for no more than two (2) one year renewals options exercised upon a writing executed by the City Manager Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, ajoint 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against 25D -4 liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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. 6. INDEMNIFICATION 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 death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including tees 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, 25D -5 j udicial 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. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an 'obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to infonnation disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 -647 -6956 With courtesy copies to: City Attorney City of Santa Ana 25D -6 To Consultant: 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 TSCM Corporation 17791 Jamestown Lane Huntington Beach; CA 92647 (714)841 -1988 (714)841 -3222 fax A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties, in the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of 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 terns and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25D -7 12. 'TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall 25D -8 indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARV City A,Aprpd "` City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency TSCM CORPORATION FRANKI.PAPPANO Senior Vice President 25D -9 EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primacy and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25D -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: AGREEMENT FOR WATER QUALITY CONSUMER CONFIDENCE REPORT WITH STRAIGHTLINE COMMUNICATIONS (STRATEGIC PLAN NO. 1, 4 ) 1 C Y MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ Ordinance on 2r' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Straightline Communications, subject to nonsubstantive changes approved by the City Manager and City Attorney, for the preparation of the annual Water Quality Consumer Confidence Report, for a three - year period expiring December 31, 2017, with one provision for a two -year renewal exercisable by the City Manager and City Attorney, in the amount of $40,000 per year, for a total not to exceed $120,000 for the agreement term. DISCUSSION Since 1990, California Public Utilities Commission has been providing an annual water quality report to its customers. The California Domestic Water Quality and Monitoring Regulations (Title 22 of the California Code of Regulations) require community water systems to distribute an annual Water Quality Consumer Confidence Report (WQCCR) to each of its customers. The Consumer Confidence Rule requires public water suppliers to provide a WQCCR by July 1 of every year. As part of the mandate and adhering to the State's Water Quality and Monitoring Regulations, on July 1 of each year, the City of Santa Ana has been distributing a WQCCR to all customers receiving a water bill. The WQCCR summarizes information regarding water sources (i.e„ rivers, lakes, reservoirs, aquifers, etc.), any detected contaminants, and compliance and educational information. In 2013 the City adopted a paperless interactive WQCCR which is accessible online at http: / /www.santaanaccr.orc. The online format allows the City to better inform the public regarding water quality issues while also satisfying State regulations. The agreement with Straightline Communications will allow the City to continue to fulfill the requirements of the mandate and provide important water quality information to its customers. Staff issued a Request for Proposals (RFP) for preparation of the Water Quality Consumer Confidence Report and on October 9, 2014. The RFP was posted on the City's website. One proposal was received and evaluated by a selection committee comprised of personnel from the Public Works Agency. The firm scored above the minimum acceptable score of 70. Listed below is the rating and the proposed fee for the firm that submitted the qualified proposal. 25E -1 Agreement for Water Quality Consumer Confidence Report with Straightline Communications December 16, 2014 Page 2 Firm Score Base Fee Straighline 93.2 $40,000 Communications Following evaluation and ranking of the proposal, the fee rate schedule was opened and reviewed. Staff recommends awarding a contract to Straighline Communications based on their high rating and service record in providing the City and other utility agencies with similar work. The proposal contained a clear path toward achieving the City's goals and objectives, as required by the RFP, and includes value -added analyses. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal #1 Community Health, Livability, Engagement and Sustainability, Objective #4 (Support Neighborhood Vitality and Livability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Quality & Measurement Account (06017644- 62300). Fr4d Mousavipour Executive Director Public Works Agency FM /NS /AF Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this_ day of 2014 by and between Straightline Communications, a limited liability corporation based in Los Angeles, California (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "), RECITALS A. The City desires to retain Straightline Communications to prepare and deliver a comprehensive Water Quality Consumer Confidence Report as well as provide a range of ancillary services to support the Water Resource Division's outreach initiatives. 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 ten-as and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended tinder this Agreement shall not exceed $120,000 for the entire 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 December 31, 2017, unless terminated earlier in accordance with Section 12, below. The term of this 25E -3 Agreement may be extended for a two (2) year renewal term exercisable in writing by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, 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. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney, 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 -awned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employces, 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. 25E -4 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, 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 refases to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 25E -5 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefaesimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P,O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: Ml City of Santa Ana Public Works Agency /Water Resources Division 220 South Daisy Avenue, Building A Santa Ana, CA 92703 Fax: (714) 647.3345 25E -6 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant; Straightline Communications 14930 Greenleaf Street Sherman dales, CA 91403 Phone & Fax 818- 386 -1916 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. 10. EXCILUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25E -7 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a.. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13, DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be, cause for termination of this Agreement, 16, MISCELLANEOUS PROVISIONS a, Each widersigned 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 hilly, 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. 25E -8 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS CityManager CONSULTANT Straightline Communications Linda O'Hanlon President Tax ID# 51- 0508600 7 25E -9 EXIIIBIT A SCOPE OF SERVICES 25E -10 SCOPE OF SERVICES 2014 WQCCR t Overview: The City of Santa Ana, Water Resources Division, as with all private and municipal water districts, is required byfedaral and state agencies to produce and distribute an annual "Water Quality Consumer Confidence Report" (WQCCR) by July 1 each year to Inform residents about the source and quality of their drinking water. This mandate was established by Congress in 1996 and expanded the terms of content and format for annual water quality roports that California water systems began distributing in 1990. The WQCCR Includes Info rmatlon on water sources, drinking water regulations, monitoring requirements, levels of any detected contaminants, and additional educational information. The WQCCR Is designed to help consumers make Informed choices that affect their health, educate consumers about the challenges of delivering safe drinking water, and highlight the Importance of conserving and protecting this valuable resource. oPtfi'e'pa'st B yeaFs; Straightlln— e'ComhruhiMerls li`a5 cvorited°r ff the C1ty'£d orb'd'iYc °erthln mv'a "p"� �� " w" I -,, � N^ report and has helped the Cityfulfill this mandate, For the first time in 2012, the City was able to "go green." and meet its requirements with a paperless alternative. Straightline Communications designed, produced and launched avww.SantaAnaCCR ore, making available the 2012 CCR online as well as electronically. Straightline Coin murdeadons also assisted the City in meeting its notification requirements and "good faith" efforts to ensure water customers and all other consumers of Santa Ana water are Informed about the WQCCR, Its expected date of release, and how they can obtain a copy of the report. These special communications have included announcements on water bills and in other City newsletters, bill stuffers, bus shelter ads /posters, and press releases. Page 13 r 25E -11 S L P R 0 P 0 S A L City of Santa Ana I Water Resources Division 01.06 -2015 to 12 -31 -2015 Implementation la 1. SL will conduct, obtain, and analyze data from various sources to ensure and provide current information regarding water regulations and any variances for California pubic water suppliers. This Incudes obtaining and carefully reviewing the CCR Guidance Manual (a document released each year by the California Department of Public Health Division of Drinking Water and Environmental Management) to assess changes in report content, format, and distribution, ensuring the CCR is in conformance with the State regulations and law. SL will also monitor the Department's website for changes In required content such as terms of newly adopted Maximum Contaminant Levels, Public Health Coals, and other revised regulatory requirements, SL is familiar with waterquality monitoring regulations for public water systems and has a good understanding of water quality reporting and notification procedures required by federal and state regulatory agencies. 2. SL will coordinate all meetings with City staff throughout the term of its agreement. At the onset of SL's engagement, we will call an Initial meeting with the Water Resources Manager, Principal Civil Engineer, and other City staff to discuss the PWA Water Resources Division's objectives, projects, programs and Initiatives for the year. During the meeting, we will discuss and recommend specific content and design themes for the 2014 CCR, as well as refine our production timeline, Content will include, but riot limited to: • Opening message from the Water Resources Manager or PWA Executive Director • Mandatory Requirements: Information about the City's watersystem end sources of water (e.g. ground water, surface water etc,); contacts and a list of opportunities for public participation in decisions that affect drinking water quality; statement In other languages about the Importance of the report and contact Information; definitions of key terms regarding contaminant data; a key of terms and abbreviations; the centerpiece of the CCR: a 5 -wd h1. "-t' ...v Hw rc . i)w!- ,,;:..L� table repartinglevels 6f'F'egu a'�el and unregufata� �a ecteacortam1nants, and -if applicable —a Tier 3 public notice fora monitoring violation or other type of violation or situation. The CCR also Includes mandatory statements about: drinking water contaminants; contaminants that may reasonably be expected to be found in drinking water; the risk of infection for some people who may be more vulnerable to contaminants; and special requirements for nitrate, arsenic, and lead. Articles about the status of California's drought, water and energy conservation tips, other green Initiatives, ways to prevent source water pollution, important public works projects In development, rebate programs, landscaping tips, water education programs sponsored by the City, and more. Page 1 4 25E -12 SL P R 0 P 0 S A L City of Santa Ana I Water Resources Division 01. 06.2015 to 12.31 -2015 Checklists and other helpful tools to detect water leaks; read water meters, ways to save money on water bills, and list of Important City telephone numbers. Supporting graphics and photos such as Images of PWA personnel at work, Santa Ana landmarks, native plants, a California map with its water systems, logos, loons and infographics. All graphics and images will comply with all copyright rules and regulations. 3. SL will prepare and present an outline of the content along with a design concept. The design concept will be distinctive, yet maintain the overall CCR branding established two years ago. This design will be carried throughout the Interactive and web based WQCCR, as well as all special communications relating to the 2014 CCR. 4. Special communications are designed to inform customers about the 2014 CCR and Its expected date of release. SL will (1) develop and coordinate water customer bill messages (electronic and print); (2) write announcements to be published In City newsletters and local newspapers; (3) design bus shelter posters and full color bill stuffers promoting the CCR. 5. Upon the City's approval of the CCR content outline and design concept, we will begin working on the editorial content, which will involve client conference calls, research, Interviews, copywriting, and editing. Once the editorial content Is reviewed and approved by the City, we will submltthe contentfor translation Into Spanish and Vietnamese. 6. SL will design an 8.5 x 11 PDF report that can be downloaded from santaanaCCR.org and printed by Santa Ana residents. The design will Include creating new graphics and charts; purchasing stock photography; stylizing, formatting, and proofing the data tables supplied bythe Water Resources Division; and coordinating additional Images from other City departments and water agencies (when applicable). We will layout two versions: English and Spanish, and will execute two rounds of client revisions before generating a final draft. The final draft will be submitted to our proofreader for any typos or minor design inconsistencies, which will be corrected or �,r ",:= .. "'" adJias��d of "t1ia�'[ima before su6miYtin'"to £he "client "�orflnaT'a`�„ •• " ". �;,` „":"`k „, �"�.: ""` �_� .: , -� , .;: g pprova1:” _ " 7. SL will then focus on updating santaanaccr.org with the new CCR information. We will archive the previous year's content and create new pages for the 2014 CCR. Updating the site Includes CMS extension testing and revisions, creation of additional graphics If needed, content proofing, generation of a new table of contents and changes tothe site's navigation. Aside from completing the online 2014 CCR, we will manage and update the site throughout the year while provide recommendations to the Water Manager regarding best practices In web design, technology platforms, and navigation as well as ways to best leverage the site for Important announcements. Page 1 5 25E -13 S L P R O P O S A L City of Santa Ana i Water Resources Division 01 -06 -2015 to 12 -31 -2015 OTHER PRINTED PROJECTS SL will design and produce outreach material as well as support all other communications needs of the Water Resources Division throughout the year. In addition to the special communications outlined above, SL will: • Write, edit, design, and generate camera -ready art for a range of print collateral such as letters, direct mail brochures, newsletters, flyers and postcards. • Write and edit press releases for distribution to the media, water - related articles for the various City newsletters (e.g. Santa Ana Green), and submissions to awards as they arise. • Focus on crafting messaging and brandingforthe City's various campaigns such as the Prop 218 notification, drought, water conservation, water quality, WQCCR, and water construction projects. Messaging and brandingwill be used in the production of a variety of promotional items, such as campaign branded tee - shirts, pull-up banners and exhibit displays, bus shelter ads, and water pitchers and carafes. • Producing these types of special projects will Involve additional client meetings and /or conference calls, research, interviews, copywriting, editing, design, creating new graphics, purchasing stock photography, proofreading, vendor relations, obtaining estimates, and coordinating with City approved vendors. Not included in the scope of the budget is actual printing, product purchases, wire services for press releases or other significant reimbursable costs such as photography. I¢tIlLsmentAijon plan: 1, Since details on specific outreach projects have not been clearly identified In the City's RFP, SL will assess and identify the additional print collateral pieces, press releases, articles and other wr lien m terial In coIl RC tlon with the Wit @r_Resourcps Man9er,Prjnclpal Civilti ng eer ,and other City staff during our initial meeting. We will do the same throughout the yes rto continue supporting the City's Initiatives. SL will make recommendations for campaign messaging and branding to support the City's initiatives for the year. 2. With each project, SL make recommendations for messaging and branding, outline action items, assign tasks, and develop a speciflo production timeline. Page J 6 25E -14 S L P R O P O S A L City of Santa Ana I Water Resources Division 01 -06 -2015 to 12.81.2015 Summary of Dallverableg Creation of the Interactive and web based WQCCR a 12 water related articles • All required standard end special messages and notices • All graphics, charts, pictures and other visuals to support the WQCCR design • Deslgn and layout of the 8.5 x 11 PDf report in English and Spanish. • Archiving previous WQCCR, web design and programming for new WQCCR, and ongoing updates to santaanaccr.org • A total of 24 double sided brochures (or other print formats such as postcards, letters, flyers) for public distribution on water - related topics Atotal of 12 water - related articles to be published In local newspapers, pamphlets and City newsletters. • All visuals to support the production of printed collateral and promotional Items. • A total of 4 different poster concepts per each campaign for the City's bus shelters: Page 1 7 25E -15 SL PRO PO SA t, City of Santa Ana I Water Resources Division 01 -06 -2015 to 12 -31 -2015 TIMELINE SL has provided a preliminary timeline (schedule) for the production of the WQCCR. All schedule for all else contained in this proposal will be created after specific deliverables and deadlines are established. Please seethe following page for a graphic Illustration of the timeline. DATE MILESTONE 6: Data F?rotect Start; — 8 -Jan Kick -off Meeting k 2d, Jan -= h2'015 Comh)Ylnigations Plan ,r '_ 26 -Jan CCR content outline +design concepts `i 'Feb e�in work o CCR co') e'nt rJeve16Phi6ht , 25 -Feb Meeting + presentation of work in progress 1 Mar, Complete special CCR cornmunjcat(Q`n§ 15 -Mar Tables with data from City due 2p'xMar t Cg( mpletespecialCCP , , ,coriiftlUrtiGahons s 28 -Mar Meeting+ presentation of PDF report design pr sheltgT a aFwenb7,V vr Sus 15 -Apr PDF report revisions .25' Apr' Meeting +pY'esentaticn bfsrte design; -;' 4. 7 -May Finalize site design aeo �l5z test ' ,.,: :.. ......:..::.r,�. ,-- Yn.tpvo,s 1 -Jun 2014 CCR goes live 1AJgl Ju(y,7 magdaEorydeadlirie Page 18 25E -16 25E -17 tl CL ji ............ . iF 130 2 :19 IN cc 0- 25E -17 EXHIBIT B FEE SCHEDULE 25E -18 EXHIBIT'B' FEE AND IiOURLY RATE SCHEDULES Fee Schedule Following Is a breakdown of labor and direct costs per task. These costs make up the total annual cost of $40,000 for dellverablea outlined In the proposal. See the attached certification and proposal fee schedule. ProjecVTask Not -to- Exceed Total Amount Creation of the interactive and web based WQCCR.* Ongoing $14,000 management and maintenance of santaanaccr,org A total of 24 double sided brochures (or other print formats such as $10,000 postcards, letters, flyers) for public distribution on, water-related topics.* A total of 12 water - related articles to be published in local newspapers, $6,500 pamphlets and City newsletters. A total of 4 different poster concepts per each campaign for the City's $4,500 bus shelters.* Attend a minimum of 16 meetings, project management $5,000' *All visuals to support the production of printed collateral and promotional Items Included. 2015 Hourly Rate Schedule Hourly rates for all staff and agent olassif!cations that may be assigned to work on this project are outlined below: Principals and associates providing professional services related to research, creative development, writing, editing, editorial placement, strategic planning, general client counsel and meetings etc. $175 @ hour Graphicand web designer ...................... ......... :........................................................................ $110 @ hour Proofreader.................................................................................................. ............................... $75 @ hour Translator.......................................................... ..............................1 ............................... $50 @ hour 25E -19 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILI'T'Y POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana,, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured, 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any parson or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy #. Issued to Named Countersigned by 10 this endorsement form as a part of Authorized Representative 25E -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: AGREEMENT WITH URS CORPORATION FOR ENGINEERING CONSULTING SERVICES FOR SANTA ANA DELHI DIVERSION PROJECT (STRATEGIC PLAN NO. 6, 2) CITY MANA 'R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 an agreement with URS Corporation, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide engineering services for the three -year period expiring December 2, 2017, with a provision for two one -year extensions exercisable by the City Manager, in an amount not to exceed $550,000. DISCUSSION The Santa Ana Delhi Diversion project is a multi- jurisdiction collaboration to establish a diversion facility to mitigate current and future Total Maximum Daily Loads (TMDL's) into the Newport Bay. Pollutants are regulated by the State Water Quality Control Board using TMDL's to measures metals, bacteria, toxics, trash, and nutrients. The facility will be located in the downstream portion of the Santa Ana Delhi Channel near the intersection of Mesa Drive and Irvine Avenue adjacent to the Newport Beach Golf Course (Exhibit 1). The proposed project would remove all pollutant loads transported by non- stormwater discharges in the Delhi and Santa Ana Gardens channels. The diversion would remove solids and trash, and then divert the flow to the sanitary sewer system for further treatment. As an alternative, the flow may be diverted to the adjacent golf course reservoir for irrigation or redirected into the channel. The design, construction, and maintenance costs for the diversion project are estimated at $7.4 million. The financial responsibility will be shared among the regional stakeholders as follows; $2.57 million in OCTA grant funds; $1.73 million from the City of Santa Ana; $1.6 million from the County of Orange; and $1.5 million from the City of Newport Beach. 25F -1 Agreement with URS Corporation for Santa Ana Delhi Diversion Project December 16, 2014 Page 2 To meet the project grant funding deadlines, construction is required to start by July 2016; therefore it is critical to complete the design, environmental work, permitting, and right -of -way easements by early 2016. The contract provides for these services as well as construction support. Upon Council approval, the contract will be effective December 16, 2014, through December 15, 2017, with a provision for two one -year extensions exercisable by the City Manager. Staff issued a Request for Proposals (RFP) for the Santa Ana Delhi Diversion project on the City's website on October 16, 2014. Nine engineering firms attended the mandatory pre - proposal meeting. Two proposals were received, with several engineering firms collaborating to submit one joint proposal. Each proposal was evaluated and ranked by a review committee comprised of staff from the Public Works Agency. The ranking criteria included the experience of the firms and the subconsultants, understanding of the scope of work, the work plan, clarity and specificity, permitting experience, and schedule. Both firms were interviewed with the following ranking results: Firm Score Proposed Fee URS Corporation 94 $471,679 _CWE Corporation 91 Following the evaluation and ranking of proposals, the fee rate schedule for the top ranked firm was opened and evaluated. Staff recommends awarding a contract to URS Corporation based on its experience with similar work in flood channels, familiarity with the permitting requirements of all relevant agencies, and unique approach to complete the work within the specified time. The proposal contains a clear path toward achieving City goals and objectives as required by the RFP. The total agreement compensation of $550,000 includes a project fee of $471,679 and a contingency of $78,321. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability; Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25F -2 Agreement with URS Corporation for Santa Ana Delhi Diversion Project December 16, 2014 Page 3 FISCAL IMPACT Funds are available in the Federal Clean Water Protection Enterprise account (05717640 - 62300). Fred Mousavipour Executive Director Public Works Agency FM /EWG/TC Exhibits: 1. Location Map 2. Agreement 3. Preliminary Design Report APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez e Executive Director Finance & Management. Services Agency 25F -3 25F -4 SANTA ANA DELHI DIVERSION FACILITY PROPOSED PROJECT LOCATION (Newport Beach Golf Course) Exhibit 1 25F -5 25F -6 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16`x' day of December 2014 by and between URS Corporations (hereinafter "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of civil, hydraulics, geotechnical, structural, and electrical engineering, environmental, and surveying. 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: 11011MM This Agreement shall commence on December 16, 2014 and terminate on December 16, 2016, with a provision for two one -year extensions exercisable by the City Manager; unless terminated earlier in accordance with Section 14, below. i YKI SiI D1 tuU i Consultant agrees to perform during the tern of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Additional Agreement provisions, if any, are contained in "Additional Provisions" attached to and incorporated into this Agreement as Exhibit "D." 2. SCHEDULE OF SERVICES Consultant shall complete the services identified in the Exhibit A, and shall perform and deliver them to the City as described and detailed in the Schedule of Services - Exhibit B, attached hereto and incorporated by reference. Such services shall be provided per written request of the Executive Director of Public Works, or designee, after the City's issuance of a Notice to Proceed. 3. CONH'ENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C, attached hereto and incorporated by reference. Exhibit Z 25F -7 Professional Services Agreement with URS Corporation December 16, 2014 Page 2 of 7 4. O WNERS141P OR MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (`Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which ware provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 5. PAYMENTS & INVOICES a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month, b. All invoices for work performed under this Agreement shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number it. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Ag eement, 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: 25F -8 Professional Services Agreement with URS Corporation December 16, 2014 Page 3 of 7 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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant 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 cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. I£ Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, 25F -9 Professional Services Agreement with URS Corporation December 16, 2014 Page 4 of 7 obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim, collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted perfonning the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of Chem or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant, 9. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and farther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25F -10 Professional Services Agreement with URS Corporation December 16, 2014 Page 5 of 7 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 trail, 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. 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 authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 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 may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services perforled by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, 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 25F -11 Professional Services Agreement with URS Corporation December 16, 2014 Page 6 of 7 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 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. The parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, m 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by tele£acsimile or other telegraphic communication in the matmer 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 (714) 647 -6956 (fax) With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 (714) 647 -5635 (fax) To Consultant: URS Corporation 2020 East First Street Santa Ana, CA 92705 (714) 835 -6886 (phone) (714) 667 -7147 (fax) 25F -12 Professional Services Agreement with URS Corporation December 16, 2014 Page 7 of 7 19, MISCELLANEOUS PROVISIONS Additional provisions, if any, are identified as Additional Provisions — Exhibit D, attached hereto and incorporated by reference. a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective patties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b, All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney --- City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Tariq Husain Vice President URS Corporation 25F -13 25F -14 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 APPENDIX ATTACHMENT A SCOPE OF WORK GENERAL The City of Santa Ana (The City) is soliciting proposals from professional consulting Firms to provide engineering services for the design and construction support of a diversion project for the Santa Ana Delhi Channel. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture, landscaping design, and grant writing services. The City anticipates the design process and award of the construction contract by June of 2016, with construction support needed over two dry seasons in the channel, which establishes three year term period for this agreement. The City may grant up to two one -year extensions, if needed. The work, in general, consists of the design of a diversion structure for the Santa Ana Delhi channel that will mitigate the associated TMDL's for that watershed including the pending TMDL for trash. The design shall include diverting the low flow to the sanitary sewer, a retention basin, and back into the channel. See Appendix Attachment F for the Preliminary Design Report Addendum No. 2 dated August 2014. The deliverables shall include the final conceptual design, which will be reviewed and approved by the funding partners; the design; environmental process, all permits, CEQA approval, easement and right -of -way agreements, final construction documents and construction support. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub - Consultants to complete the assignments to meet the City standards. For specialized work for which the prime Consultant shall require a sub - Consultant, the prime Consultant shall serve as an administrative liaison between the City and the sub - Consultant. The prime Consultant mark -up for sub - Consultants shall not exceed 10 %. The proposal and work plan shall be limited to fifteen (15) pages, excluding the twenty (20) pages for the Firms qualifications. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to manage and perform the required tasks throughout the duration of the contract. A schedule of fees and charges described in the following section "Cost and Price" shall be included in the proposal. UZ@1901-11 -N VI&M The Consultant shall perform the above noted engineering design services resulting in contract documents (plans, specifications and cost estimates) and construction support services for the Santa Ana Delhi Diversion Project. The Consultant shall provide a Work Plan which includes a detailed schedule of the project prior to the issuance of Notice to Proceed. Specific Task Orders with Notices to Proceed (NTPs) will be provided for the project at the discretion of the City. Work required per Task City of $q 3o 14 -069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 Order shall comply with the Scope of Services and additional provisions in each Task Order. The Consultant shall also provide all field survey work, as required, and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: 1. Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. 5. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer in responsible- charge of the project. These signed originals shall then become the property of the City. 6. As a part of the project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre- construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews 14 -069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. Upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e -mail. 8. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in -house staff and /or sub - Consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 9. The Consultant shall attend meetings as required by the City. 10. The Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. The Consultant shall be responsible for to reviewing and approving addenda and clarifications to plans and specifications. 12. Sample Project and Schedule: Proposal shall include a narrative for the project approach and steps for the Santa Ana Delhi Diversion Project. Proposal shall also include a timeline to complete the work tasks necessary for the project. Utilize Attachment C from this RFP to complete the comparison forms for the Proposal and Fee Proposal. Note, no staff hourly rates or total design costs shall be included in the Proposal for the project. However, hourly rates and total costs shall be included in the Fee Proposal for the project. A. Indicate any other assumptions made for the project which is described as follows: 14 -069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 1) The project location will be in the Santa Ana Delhi Channel south of Bristol Street, northwest of Irvine Avenue, on the Newport Beach Golf Course, property is owned by the County of Orange. 2) The low flow shall be assumed at 0.4cfs. 3) The project shall include an in- channel diversion structure, an intake structure with coarse and fine screening, sedimentation and discharge storage chamber, a disinfection station, a pump station, and an outlet pipe back to the channel. 4) The pump station shall have the ability to pump to the sewer, at night, and to an adjacent surface irrigation reservoir. 5) Assume the sewer line will connect to an existing 15 -inch diameter OCSD trunk main at the intersection MacArthur Boulevard and Campus Drive. The pipe length is approximately 7,600 feet in length. B. For the Proposal, list the number of hours and staffing position levels anticipated to complete the design PS &E and the construction support for this work, without the hourly rates. Utilize Attachment C's format. C. For the Fee Proposal, list the number of hours and staff position levels anticipated to complete the design PS &E and the construction support for this work as well as the hourly rates. Utilize Attachment C's format fully completed. D. For the design phase, the schedule should include all activities required to provide a Finalized PS &E package inclusive of two 3 — week stakeholder reviews. E. For the Proposal, also include an engineering cost estimate, per bid item quantity estimated for the project. F. For the construction phase, the schedule should include all activities required to provide adequate construction support, including weekly construction meetings. GENERAL REQUIREMENTS 1. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and other involved agencies. 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana and the County of Orange for conformity with the requirements of CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 the Agreement. Reviews by the City of Santa Ana and the County of Orange DO NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. Consultant certifies that it shall comply with the following regulations, as required by the (funding agency): a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason City of Mge 14 -069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its consultants, sub - consultants, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". f. Civil Rights Compliance and Notification of Findings - Consultant, and all its sub - consultants (or sub - recipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. City of.%au�pQn "P 14 -069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14.069 Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. M. Consultant agrees that the funding agency shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. n. Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non- exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and /or City purpose: i. the copyright in any work developed through this Agreement; and ii. any rights of copyright to which the sub - consultant purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specification to be used for specifications • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders fi 8410101 25F -22 : PRr OPOSAL TO PROVIDE r ,r Design and CoiiMructi, 25F -23 0 • AZI TABLEOF CONTENTS .............................................................. ..............................1 1. FIRM QUALIFICATIONS ...................................................... ............................... 3 A. Cover Letter ................................................................ ............................... 3 B. Contract Agreement Statement .................................. ............................... 5 C. Firm and Team Experience ......................................... ............................... 5 C.1 URS — Prime Consultant ............................................. ............................... 5 C.2 Subconsultants ............................................................ ..............................6 C.3 Organizational Chart .................................................... ..............................6 CASubconsultants ............................................................ ..............................7 C.5 Relevant Experience .................................................... ..............................7 D. Understanding of Need Statement. ............................................................ 8 D.1 Project Understanding ................................................. ..............................8 D.2 Development of a Regional Trash Removal System ... ..............................9 D.3 Proposed Project Description ...................................... ..............................9 DA Sanitary Sewer Diversion Capacities .......................... .............................17 D.5 Required Permitting and Environmental Documentation .........................17 D.6 Required Environmental Documentation .................... .............................17 E. Schedule ..................................................................... .............................17 2. PROPOSAL ........................................................................ ............................... 21 Work Plan - Scope of Services ............................................ ............................... 21 3. FEE PROPOSAL ................................................................ ............................... 37 4. CERTIFICATIONS .............................................................. ............................... 38 APPENDIX- RESUMES 25F -24 This Page Intentionally Left Blank um 25F -25 1. FIRM QUALIFICATIONS I_� +i•�f�3: November 13, 2014 Mr, Tyrone Chesanek City of Santa Ana Public Works Agency 20 Civic Center Plaza, 3rd Floor, Ross Annex Santa Ana, CA 92701 Subject: Request for Proposal (RFP) for Design and Construction Support of the Santa Ana Delhi Diversion Project — RFP No. 14 -069 Dear Mr. Chesancle With a proven track record of delivering creative, comprehensive and quality engineering designs on schedule and within budget to numerous clients throughout the Country, URS Corporation (URS) is pleased to respond to the City of Santa Ana's (City) Request for Proposal for Design and Construction Support for the Santa Ana Delhi Diversion Project. It is our understanding that this proposal and its contents in its entirety will become an attachment to our agreement with the City. As such, the person signing this letter, T'ariq Hussein, is legally authorized to bind the company, URS Corporation, with the Proposal, Work Plan, and Fee Proposal, which together comprise URS' total submittal package for the design and construction support of the Santa Ana Delhi Diversion Project. We believe the URS Team is the best qualified for your project. We have: Team Members with Direct Relevant Experience —The project team selected for this project has extensive experience in the design of diversion facilities, pipelines, preparing environmental documentation, coordinating and obtaining permits, structural engineering and electrical and instrumentation design. URS guarantees that personnel presented in the proposal are committed to manage and perform the identified tasks throughout contract duration. Knowledge of Your Project — The URS Team (URS) prepared the preliminary design report (PDR) for the Delhi Diversion project and thoroughly understands the needs, goals and challenges. During the preparation of the attached proposal, our team developed another alternative to the radial gate structure discussed in the PDR and identified a new pipeline alignment that may potentially save the City valuable finds. Having in -depth knowledge about the project will allow our team of engineers to immediately start the design and ultimately minimize the expense and time to get up to speed on the project's history and obtaining background information. Highest and Best Value to City — URS respects the City as a partner with common goals for a successful project. We are confident that our design team, project approach and work plan will provide the City with the highest and best value in the design of this project. Please contact me with any questions at (714) 648 -2857 or via email joseph.long @urs.com. We appreciate the opportunity to continue to work with the City to deliver an outstanding project. Sincerely, URS Corporation Americas r Joseph Long, PE Project Manager URS Corporation 2020 East First Street, Suite 400 Santa Ana, CA 92705 Tel 714.835.6886 Fax: 714.667.7147 w w.urs.00m 25F -26 Taxiq Husain Vice President This Page Intentionally Left Blank um 25F' --27 B. CONTRACT AGREEMENT STATEMENT URS has reviewed the sample agreement and finds the terms and conditions to be generally acceptable. URS has successfully entered into several contracts with the City. URS is confident we can successfully execute an agreement with the City to perform the services proposed herein. We are able to begin work immediately upon award of contract and are able to maintain the required level of effort to meet the proposed schedule. C. FIRM AND TEAM EXPERIENCE C.t UPS - Prime Consultant Since its oldest predecessor company's founding in 1904, URS Corporation (URS), dba URS Corporation Americas, has grown to a global, fully - integrated engineering technical services organization with a fill complement of capabilities to support every stage of the project life cycle —from inception through start- up and operation, to decommissioning and closure. Our services include project management, planning, design, construction support, and construction management, operations and maintenance, and closure services. We have over 50,000 employees in a network of more than 300 offices. Our Southern California region includes ten offices that employ over 2,000 professionals covering all aspects of engineering, planning, and environmental disciplines. This broad base of capabilities allows URS to respond immediately to any challenge and to quickly provide specialists in virtually any area of expertise at any phase of project delivery. The City will be served by our Santa Ana office and select staff from other Southern California offices, whom have been chosen for their strong capabilities in civil engineering design, roadway design, transportation planning, traffic engineering, stormwater management, landscape architecture, irrigation design, environmental and urban planning, geotechnical engineering, grant writing, and cost analysis. In addition, URS has a strong workingrelationship with the City of Santa Ana spanning many projects, including the Grand Avenue Grade Separation, the Bristol Street Widening, and the Santa Ana -Delhi Chatmel Diversion. URS has provided engineering services for a number of as- needed /indefinite quantity (IQ) contracts for government agencies and public utilities. These contracts demonstrate government and private sector recognition of URS' depth of staff and proven experience to successfully perform on delivery of task orders. URS has provided as- needed contracts to City of Irvine, City of Pomona, LA County, IA Metro, Riverside County Transportation Department, City of San Diego, Caltrans, California Department of Water Resources, U.S. Bureau of Reclamation, and U.S. Army Corps of Engineers, just to name a few. We have consistently ranked highly in the Engineering News - Record (ENR) annual rankings of top firms. Our rankings in 2014 were no exception, including #1 in Bridges; #2 in Green Design, Transportation, and Highways; #3 in Design; #4 in Mass Transit and Rail; and #5 in Sanitary and Storm Sewers. UM 5 25F -28 Financial Capacity In 2013, URS generated $11 billion in revenues and more than $600 million in cash flow from operations. As a representation of our financial capacity, we have included financial highlights for the last two years below. Also provided is a listing of the current major projects being handled by URS' Santa Ana office. C.2 SiSk0n%ltant`3 Yee ende4 veer mdul I ..W 3, a...", 28. (1n mII1Pona, c.al par %he0 deal) 2014 2012 Income Statement eats: Revenues Gast of lowness GerMral and adminlsuat(ve e>jansea Aequiskiommimed expenses Equity in income of unennsotidate4jdm+erwas Operating Income f A mst captives oths, Income (expenses) Income {afore income tax Net income (loss) atmbutable to URS Dilated eamings (100x) per sham Cash dividends declared par share The URS Team will be augmented by the Balance Shoat onto services of our highly qualified sub - consultant, (es oP the and of 06405!: cash and cast, awnalama Coast Surveying, Inc., which also enables us to Total assets promote business opportunities for small and Total longterm debt Taal URS stockhoTh s equity disadvantaged business enterprises C.3 Organizational Chart Teriq Hussain, REA Joseph Long, PE Tame Snow, PE Hydraulics Engineering Jimmy Medellin, PE Geotechnical Engineering Mike Smith, PE, GE Civil Engineering Nathan Chase, PE, LEEDAP ND, ENV SP, QSD Joseph Zhao, PhD, PE Environmental JenniferZJv UM 25F�29 Surveying Ruel delCastillo, PLS (Coast Surveying, Inc.) Structural Engineering Timothy Gutkowski, PE Electrical Engineering Richard Joe, PE $ 10,090.7 s 10.872.9 (10,418.0) (10,204.9) (77.8) (53.0) 83.6 107.6 .....890.8 ... 665.9. . (70.7) (Z7) 0.5 S 497.0 $ 815.1 S 247.2 $ 310.8 $ 3,31 $ 4.17 S 0.84 $ 080 S 283.7 S 314.5 S 8.718.0 $ 8,281.0 $ 1,885.8 S 1892.9 S 4,081.2 S 4,044.0 Jun Wang, PE C.4 Subconsultartt;s Coast Surveying, Inc. Coast Surveying, Inc., (Coast) a California Corporation, was founded in 1981. Coast specializes in surveying, mapping, aerial photogratmnetry and Right-of-Way mapping services. Coast has worked for such governmental agencies as: Caltrans - Districts 5, 6, 7, 8, 9, 11 and 12; MWD; WBMWD; LADWP; OCTA; NAVFAC; USACE; TCA; RCTC; Metro; SCRRA; SBCAG; CPTC; CBMWD; IRWD; PWD; So. Calif. Water Company; Counties of Orange and Los Angeles; and numerous cities throughout the area, as well as numerous private engineering companies. Coast is highly qualified in construction management survey support and public water projects. Coast currently has on- call surveying contracts for the Yorba Linda Water District, Moulton Niguel Water District and the Cities of Garden Grove, Newport Beach, Santa Ana, and Tustin. Coast also has a current contract with WBMWD. Approximately 98% of Coast Surveying's work is for public agencies. Coast has one office located in Tustin and will performing all work out of Tustin. Coast has 12 employees. Coast is a DBE /SBE /MBE firm certified with Metro. C.5 Relevant Experience The URS team has extensive experience working with the City of Santa Ana and other public agencies throughout Southern California, as demonstrated by the list of key municipal projects below and the associated key staff members. Further experience is reflected by the personnel resutnes included in Appendix I and the general qualifications included on the SF330 Part II forms for each firm, subconsultant, and branch included on the URS Team in Appendix 2. Project Name, Location Project Description Grand Avenue Grade URS prepared a Project Study Report Equivalent (PSRE) and a • Douglas Separation Preliminary Environmental Analysis Report (PEAR) for OCTA for Smith Santa Ana, CA the Grand Avenue Grade Separation. To evaluate both an ' Bryan Paine overpass and underpass option, the scope included various • Noel Casil surveys (e.g., traffic, right-of-way, utilities, and topography), - Virginia Viado geotechnical investigations, a conceptual hydrology and hydraulics study, environmental review; preparation of conceptual drawings, and a final report. Bristol Street Widening/ URS prepared planning and environmental documents for the ' Noel Casil Bristol Street Corridor widening of a 0.55 -mile section of Bristol Street from four lanes to ® Virginia Viado Specific Plan six lanes. URS provided planning and environmental services for Amendment, General the Bristol Street Corridor Specific Plan Amendment, which Plan Amendment, and included preparation of amendments to the original Specific Plan EIR Addendum document and City General Plan to allow the re- designation of land Santa Ana, CA currently zoned for park and open space uses to a commercial designation more consistent with the City's goals for this important arterial corridor. The project included preparation of technical studies and an EIR Addendum for compliance with CEQA. 25F -�O Project Project Santa Ana -Delhi Channel URS prepared preliminary design documents for an urban runoff ' Joseph Long Diversion diversion facility to be located in the downstream portion of the • Tama Snow Santa Ana, CA Santa Ana Delhi Channel system near the intersection of Mesa Drive and Irvine Avenue. The proposed project is intended to collect non-stormwater discharges from the Delhi Channel and divert the flow to the sanitary sewer system for further treatment, or to the adjacent Newport Beach Golf Course reservoir to be used for irrigation purposes. The proposed project addresses the potential urban surface water quality issues associated with discharges to the Upper Newport Bay. Edinger Avenue URS was responsible for designing the reconstruction of ' Stephanie Reconstruction/ approximately one mile of a major city arterial, including providing Hillebrand Resurfacing field reviews and preparing construction plans and cost estimates. Santa Ana, CA The project involved cold milling and resurfacing of the existing asphalt and affected side streets. Orange County Great URS prepared a modification to the Great Park Master Plan for the ` Joseph Long Park, Master Plan 1,200 acre Orange County Great Park URS is also providing • Patricia Modification /On -Call ongoing support to the City of Irvine /Orange County Great Park Trauth Environmental Services/ Corporation on environmental investigation /remediation, regulatory ' Nathan Water Management Plan permitting and compliance, and other technical support services. Chase Irvine, CA Furthermore, URS developed a Water Management Plan for the long -term build -out of the Orange County Great Park to capture storm water from 5,550 acres of contributing watersheds that will be stored in onsite water features, and treated and reused for irrigation of Great Park landscaping. D.] Project Understanding 'The City of Santa Ana, in collaboration with the Cities of Newport Beach, Costa Mesa and the Orange County Flood Control District are in development of an Urban Discharge Recovery Project located in the Santa Ana Delhi Channel adjacent to the existing Newport Beach Golf Club. The over - arching intent of the project is to provide a regional treatment facility that addresses trash removal from the tributary watershed, low -flow urban discharge pollutant removal, and diverts pollutant laden discharges to the sanitary sewer system for further treatment and recycling of water for indirect water supply augmentation. Initially, the proposed project was developed to provide Stakeholders within the tributary watershed the ability to address current and future TMDL's associated with heavy metals, selenium concentrations, trash removal and bacteria removal for discharges into the Newport Back Bay. Initially the project was developed to provide treatment and diversions for only the urban low flow discharges from the tributary watershed with an anticipated flow rate of 0.40 cfs. Revisions to the initial project concept were also incorporated to increase the urban discharge flow rate from 0.40 cfs to approximately 100 cfs with the primary pollutant of concern being trash and debris removal. Based on a review of the Draft Staff Report for Proposed Trash Amendments prepared by the Division of Water Quality, State Water Resources Control Board, California Environmental Protection Agency Uune 2014), it appears that there are significant planned changes in addressing trash and debris within the urban and natural water ways that is generated by human activities. UM 25F831 - iD.2 Development at a Regional Trash Rerrloval System The Draft Staff Report for Proposed Trash Amendments to the MS4 permit requirements will requite a significant increase in non -point source trash and debris mitigation requirements. The proposed trash amendments identify several potential trash capture solutions inclusive of storm -water catch -basin modifications (filter inserts) and enhanced routine street sweeping maintenance. The proposed amendments also recognize that modifications to an existing MS4 closed conduit drainage system will have potential capacity impacts and, therefore, may not be feasible. As such, the proposed trash amendments also provide the ability to develop a regional treatment facility as described in "Section 5- Reasonably Foreseeable Methods of Compliance ", as published in the above reference, providing for a full capture system and has the ability to remove gross solids larger than 5mm in diameter. Although, the draft proposed trash amendments don't specifically identify a stormwater flow rate associated with the proposed treatment process, URS is making the basic assumption that the current storm water quality flow rate event (approximately the 85th percentile) will be the target flow rate to be passed through the trash removal system during normal operations. The project stakeholders, Cities of Santa Ana, Costa Mesa and Newport Beach, are essentially located in fully developed watersheds with little or no planned future land use changes. All three stakeholders have implemented stotmwatef quality mitigation measures that address gross solids removal at catch basins and other storm drainage inlets. Although, the implemented mitigation measures did provide some success in the reduction of trash and debris entering into the MS4 systems, the mitigations also proved to reduce storm drain capacities and posed potential public safety issues during storm events due to local street flooding. Based on the potential public safety issues and labor intensive maintenance associated with catch basin inlet treatment systems, the project stakeholders are interested and willing to implement a regional treatment system that not only addresses the potential trash amendments, but also has the ability to remove other pollutants of concern and therefore provide for a multi - beneficial project. tD.3 Proposer Project Description The proposed Santa Ana Delhi Diversion project is to be located between Irvine Avenue and Santa Ana Avenue adjacent to the Santa Ana Delhi Channel within the Newport Beach Golf Course. The Santa Ana Delhi Diversion project is intended to capture and divert dry - weather urban water runoff to the sanitary sewer system addressing urban surface water quality, capture trash and debris being transported within the channel drainage system and provide measurable water quality improvements in the downstream receiving waters, primarily in Newport Back Bay. The use of an in- channel trash removal system will enhance the overall treatment process which will be compliant with the proposed MS4 Amendments and address other future TMDL including waste load allocations for MS4 Dischargers into the Upper Newport Bay through the Santa Ana Delhi Channel and its sub - tributaries. The proposed treatment system will remove target pollutants of concern that that either currently include or will include bacteria, metals, nutrients in addition to the trash and debris from the Santa Ana Delhi tributary watershed. URS, through the collaborative efforts of the project stakeholders, have prepared and evaluated a number of design alternatives since the inception of the project, developing several preliminary design reports (PDR) documenting the various alternatives have been prepared. The various iterations and features of each alternative are summarized as follows: 25F -932 Conceptual Design Iteration(s) Design Iteration 1— URS Preliminary Design Report(PDR). Submitted as part of OCTA Environmental Cleanup Tier 2 Grant Application. Process included grate inlet catch basin located along the bottom of the Santa Ana Delhi channel followed by a storm water treatment device, CDS Unit, with the capacity to capture sediment, trash, and debris prior to discharging the flows into an underground storage tank, and then eventually be pumped into the Orange County Sanitation District for further treatment and final discharge, Features • CDS units sized for Dry- weather Flow only ' System installation may not require extensive construction ' System maintenance requirements are low Design iteration2— URS PDR Addendum No. 1 This iteration included a revised • Increased treatment process that included in- channel radial gates to divert majority of dry- weather flow capacities and up to 100 cfs of first flush wet - weather flow to an off -line treatment facility ® Incorporated direct irrigation consisting of bar screens, sediment trap and fine screening chamber, and followed reuse options. by a discharge storage chamber prior to pumping to the Newport Beach Golf Club for • Minimized off -site pumping irrigation purposes or discharging to near -by Costa Mesa Sanitary District (CMSD) requirements. sewer facilities and then conveying flows to the Orange County Sanitation District for ' Minimized off -site final treatment and discharge. infrastructure improvements. Design Iteration 3 —URS PDR Addendum No 2. Refined the channel diversion • Radial gates capable of options to include radial gates, and inflatable rubber dams. Improved the intake and diverting dry- weather and treatment process to meet 100 cfs operational capacities and refined life cycle costs wet- weather flows for the development of an operational agreement between the project Stakeholders ' Discharge captured flows to and the County of Orange. On -site irrigation options eliminated due to potential risk OCSD trunk sewer line or seen by the OC John Wayne Airport. Process includes an in- channel diversion used for irrigation structure, intake structure, pretreatment and trash removal unit, a bypass structure to return up to 100 cfs of the first flush storm flow to Delhi Channel, pretreated water storage tanks and a dry- weather pump station discharging treated flows to an OCSD sanitary sewer main via an 8 -inch force main or used at the adjacent Newport Beach golf course for irrigation. The final design for the proposed project will be based on a refinement of Design Iteration No. 3 that will include the development of an in- channel trash screening structure. The proposed design refinement will have the ability to screen trash and debris from channel storm flows up to approximately 1200 cfs or equivalent to the stormwater quality flow event. 'The intent of the refinement will be to qualify the proposed improvements as a regional BMP and, therefore, satisfy the proposed amendments to the MS4 permit addressing trash removals. URS will prepare up to two additional design refinements to serve as the basis for the final design as follows: In- channel Screening — Perforated Radial Gates URS has researched and developed an alternative design to the radial gates diversion structure that incorporates in- channel screening by perforating the front face of the gate and, therefore, screening out debris and trash from the channel. In general, the perforated gates will be approximately 8 feet tall and 25 feet wide, similar to the radial gates that were presented in the 2�d and Yd design iterations. Operationally, the surface of the radial gates will be customized with perforated plates with 3/16" diameter punched orifices for the entire surface area of the gate. During dry - weather conditions, the low flow will be screened through the 3/16" orifices and diverted to storage /pump station facility for discharge to the sanitary sewer system. Theoretically, the perforated radial gates will be capable of screening the storm flows up to 1,200 cfs and have a total capacity of 3,683 cfs channel capacity in the closed position combining both the proposed screen flow and the flows over the screens in a bypass configuration. The combination of orifices in the gates and flow over the gates, below the overall channel lieeboard, will have a total capacity to pass a 2 -year storm event. During the non -storm season, dry- weather flows will be collected downstream of the radial screens through two depressed grated inlets and a pipeline to a 25P 33 CDS unit with a capacity of 1 cfs. The vortex (CDS) will further remove sediments and floatables and then flows to the storage chamber prior to being discharged to the OCSD sanitary sewer system. The following features will be incorporated into the final design: • Retractable m- channel screening with a maximum 5mm openings and therefore qualifying as a full removal system. • Incorporate in- channel inlets to divert low -flow urban discharges into a series of Vortex (CDS) gross solids removal chambers prior to discharging into underground storage facilities. • Approximately 21,000 gallons of underground storage vaults to temporarily hold diverted flows prior to discharging into the regional sanitary sewer system. • Two 150 gpm sump pumps discharging into a new force main sanitary sewer pipeline. • Approximately 7,5001f feet of 8" sanitary sewer force main from the channel diversion facilities to the regional sanitary sewer system located at the intersection of Campus Drive and MacArthur Boulevard. The following figures provides for graphical representation of the proposed project layout. 25F1134 This Page Intentionally Left Blank um 25P!35 25F-36 § ® \. ( rm ( � z�\ ) p lb 1 , 25F-36 Y C t0 CO N J T m c 0 G N G N (0 IL N L 25F -37 25F -38 Y C c6 0] d J T t6 C O C N C N t6 a 25F -39 DA Sanitary Sewer Diversion Capacities The Orange County Sanitation District has successfully implemented a dry weather urban runoff diversion program. In 2000, OCSD established the requirements for municipal dischargers requesting discharge of urban water runoff into OCSD facilities. The resolution set aside up to 10 MGD of surplus dry weather capacity for this purpose. Current OCSD policy provides for treatment at no charge for municipal discharges of dry weather urban mnof£ within the OCSD service area up to a cumulative volume of 4 million gallons per day for all dischargers within the service area. For this project, we expect OCSD will waive fees for the urban low flow runoff from the Della Channel. D.3 Required Permitting and Environmental Documentation The following regulatory permits have been identified as required for the proposed project: • Orange County Flood Control District — Encroachment Permit. • California Department of Fish and Game — 1602 Agreement. • City of Newport Beach /City of Costa Mesa — Encroachment Permits. • USt10E — 404 Nationwide Permit. • Regional Water Quality Control Board — Section 401. • Implementation of the proposed diversion projects will require several permissions and permits including Section 1600 Streambed Alteration Agreements. • CEQA Document Adoption & Filing of a Notice of Determination: City of Santa Ana, as the lead agency for the diversion project will be required to adopt the project EIR and to file a NOD with the State of California Office of Planning and Research. • Coastal Development Permit (CDP): This project is outside of the jurisdictional boundaries of the California Coastal Commission, so no Coastal Development Permit is required. • Caltrans for potential crossings at the SR -73. U,& Required Environmental Documentation The City's proposed Santa Ana -Delhi Channel low flow diversion project will require California Environmental Quality Act (CEQA) clearance. Environmental impacts of the project would primarily be short -term, related to construction activities. Long term, the project will provide improvements to water quality in the channel and Upper Newport Bay. In addition to CEQA compliance, work in the channel w ll require regulatory permits from resources agencies with jurisdiction over the channel including the U.S. Army Corps of Engineers (USAGE), California Department of Fish and Wildlife (CDBX� and California Regional Water Quality Control Board (RWQCB). It anticipated that the only a Negative Declaration will be required for the construction of the proposed force main within the existing public right of way. The following Scope of Services will provide specific details as to the individual tasks and effort to ensure a successful completion of the project. E. SCHEDULE Our proposed schedule is presented on the following pages. The critical items will be approval of the CEQA documents and obtaining approval from the jurisdictional agencies including Army Corp of Engineers, Orange County Flood Control and Caltrans. UM 25F1740 This Page Intentionally Left Blank um 25P!41 d A a m 5 9 25F -42 Y C t0 0] O J T (0 C O C N C N m CL N C r 25F -43 � WORK PLAN - SCOPE OF SERVICES The work plan presented below shows the progression of design and coordination activities that URS proposes for the design of the Santa Ana Delhi Diversion Project. The scope of services and details are presented herein. Task 1 - Project Management and Coordination URS will conduct effective project management that adheres to the scope, schedule, and budget; provide efficient and frequent communication with the City and other project stakeholders; and implement the URS Quality Management System in order to provide effective quality assurance /quality control. The scope of services for Project Management includes the following items: 1.1 Preparation of Project Status Reports — URS will prepare monthly project status reports for the City of Santa Ana's Project Management Team. The monthly status reports will consist of a brief (one to two paragraph) e -mail summarizing work activities completed the previous month along with activities planned for the upcoming month. Monthly status reports will include an updated project schedule prepared in Microsoft Project Gantt Chart and a summary of budget expenditures to date per task and budget remaining. In addition, URS' management team will maintain strong lines of communication with the City via e -mail and telephone. URS will copy City Staff on all e -mails to and from jurisdictional agencies and other project stakeholders. 1.2 Meetings and Workshops — URS will schedule and lead meeting with the City and stakeholders teams to ensure that all design issues are being addressed. URS will provide agendas of upcoming project coordination meetings five working days in advance of the meeting and prepare meeting tr nutes and action items within five working days subsequent to the meetings. These efforts are intended to ensure that all technical issues are being addressed and that the project remains on schedule. For the purposes of budgeting, the following meetings are anticipated for the project: 1.3 Ouality Assurance /Quality Control — URS will implement out Quality Management System (QMS) throughout the project to ensure consistent quality control for all project phases. The QMS system is based on the ISO 9001 standard and is required on all of our projects. Per this system, each project deliverable will undergo an independent technical review and a detail checking review, and construction documents will undergo a cons tructability review. The independent technical review will be provided by a technical expert in the related field, who has not been involved in preparation of the deliverable. The detail checking review focuses on a review of grammar, spelling, notes, construction call-outs, construction coordinates, plans and specification coordination, and discipline coordination. 25F2144 Description General project management and design development meetings Eight (8) two -hour meetings, Coordination activities with project stakeholders, (City of Newport Beach, City Twelve (12) two -hour meetings of Costa Mesa and City of Santa Ana), jurisdictional agencies (OCFCD, ACOE, Santa Ana RWQCB), County of Orange, Newport Beach Golf Club and John Wayne Airport Authority. Review Project Alternatives Developed One (1) two -hour workshop Present the 75% design and discuss the City's and stakeholders comments One (1) three -hour workshop and outstanding item resolution Present the 100% design and discuss the City's and stakeholders comments One (1) two -hour workshop 1.3 Ouality Assurance /Quality Control — URS will implement out Quality Management System (QMS) throughout the project to ensure consistent quality control for all project phases. The QMS system is based on the ISO 9001 standard and is required on all of our projects. Per this system, each project deliverable will undergo an independent technical review and a detail checking review, and construction documents will undergo a cons tructability review. The independent technical review will be provided by a technical expert in the related field, who has not been involved in preparation of the deliverable. The detail checking review focuses on a review of grammar, spelling, notes, construction call-outs, construction coordinates, plans and specification coordination, and discipline coordination. 25F2144 URS will provide the City with review comment disposition forms, redlines, redline back - checks, and QMS forms upon request. 1.4 Stakeholder Liaison — URS will obtain the services of a Stakeholder Liaison to be selected by the City of Santa to provide project review and project recommendations during the course of project development and implementation. Dedverables: • Project Meeting Agendas, supporting meeting information, and appropriate presentation materials including easement exhibits describing the required properties for the implementation of the project. All initial deliverables shall be forwarded to the City for review and approval prior to distribution to the meeting invitees. Upon approval, the City of Santa Ana will prepare all required legal descriptions and plats required to describe and negotiate the procurement of required easements. • At the request of the City, URS will provide the City with review check information based on our internal "Detailed Reviews" including redline review, issue resolution documentation, and external review documentation. Task 2 -- Final Basis of Design URS has identified and presented a number of alternatives as part of our previous efforts in the development of this project. In addition to those presented in previous documents and as discussed in the Proposed Project Description Section, URS will further refine Design Iteration No. 3 that will include the development of an in- channel trash screening structure. URS has also anticipating up to two additional design refinements dependent on comments from the County of Orange and other stakeholders. It is further anticipated that a direct in- channel solution will need to be refined to satisfy County Flood Control regarding flow conveyance restrictions that may incorporate a rubber dam solution and off channel trash screening system. All design refinements will be used to identify the preferred alternative and ultimately form the basis for the final design. URS will prepare a Basis of Design Memorandum (BOD) with a decision matrix that outlines the pros, cons and estimated construction costs for each refined alternative for the City's and Stakeholders review and final alternative selection. The specific tasks and items to be included and addressed in the BOD are as follows: 2.1 Existing Data Collection, Utility Research & Review — URS will perform an existing utility search for underground utilities witivn the project area, specifically along the proposed force main pipeline. The utility search will be completed using Underground Services Alert (USA) and as -built searches through the Cities of Costa Mesa and Newport Beach; Caltrans and the County of Orange. All affected utilities including water, sewer, gas, electric and telephone will be field marked and reviewed by the design team. Utility notifications will be prepared and sent to utility providers within the project area to obtain as- builts, atlas mapping and existing easement documentation. 2.2 Coordination with Caltrans District 12 — URS will obtain as -built plans for the Irvine Avenue /Campus Drive existing bridge over the SR -73 for the development of the proposed 8" force main crossing. Coordination efforts with Caltrans will include the development of the proposed crossing plans, and obtain required permits to allow for construction. 2.3 Permits and Easements — URS will identify and prepare a review of all permits and easements that will be necessary for construction. Permits from the following agencies are anticipated: • Orange County Flood Control District — Encroachment Permit; • City of Newport Beach /City of Costa Mesa — Encroachment Permit; • California Department of Fish and Game —1602 Agreement; • USACE — 404 Nationwide Perm t; 25P245 • Regional Water Quality Control Board — Section 401; • Streambed Alternation Agreements - Section 1600; • CEQA; • Caltrans; and • Department of Airports — URS will develop required easement exhibits identifying the requited land easements within the Newport Beach Golf Club (Airport) property. 2.4 Design Criteria Development — In general, all design criteria will be based on The City of Newport Beach Engineering Design Criteria & Standard Plans for Street and Sewer Projects, and Orange County Public Works Standards for channel and flood control related facilities. In areas where special considerations are required, such as crossing the Caltrans Bridge at the Corona del Mar Freeway and Irvine Avenue and areas where Caltrans or the City of Newport Beach may require additional criteria, URS will evaluate the most stringent and /or applicable design criteria for future use. Design criteria findings will be documented and incorporated into the Basis of Design Memorandum for record keeping requirements and future reference. 2.5 Santa Ana Delhi Channel Hydraulics — URS currently has developed preliminary channel hydraulics for the portions of the Santa Ana Delhi hydraulically impacted by the proposed diversion structure. In addition, URS also prepared additional hydraulics reviewing the potential impacts of using an in- channel trash screening system. All previous and future HEC -RAS analyses will be based on the Santa Ana Delhi Channel hydraulic analyses prepared by the Orange County Flood Control District. URS will prepare final HEC -RAS hydraulics analyses for the preferred project alternative HEC -RAS hydraulics for the Santa Ana Delhi Channel from the Mesa Drive Crossing to Santa Ana Avenue inclusive of the 2, 5, 10 and 100 -year storm events that will include both the pre - project condition and the post - project condition. Based on the Santa Ana Delhi Hydraulics analysis, URS will develop general operational parameters of the proposed in- channel screening system including water surface elevations and anticipated Flow rates. 2.6 Low -Flow Pump AnalXsis — URS has already prepared the preliminary hydraulic analysis for the preferred pipeline route 5. URS will finalize the hydraulic analysis of the proposed low pumping system. The hydraulic analysis will include the development of head -loss calculations from the pumps to the proposed outfall along the alternative force main route. 2.7 Initial Geotechnical Considerations — URS will obtain available geotechnical reports associated with the original construction of the Santa Ana Delhi Channel and any geotechnical reports associated with construction within the proposed pipeline rights -of -ways. Based on URS' review of the available documents, a final recommendation as to the final engineering geotechnical study will be provided. URS has included a full geotechnical investigation as required by the City in the Final Engineering Phase of work. If necessary, URS will provide refinements to the original scope of geotechnical services to either exclude un- warranted geotechnical explorations or refine the locations of geotechnical borings. 2.8 Initial Structural Considerations — URS will develop structural requirements for the proposed improvements inclusive of required flood control channel sections, underground vaults and support structures for the proposed screening system. Structural recommendations will be prepared and included into the Basis of Design Memorandum for review by the project stakeholders. All structural recommendations will be based on the Orange County Flood Control loading criteria. 2.9 Initial Electrical Considerations — URS will develop electrical and power requirements based on the proposed pumping and gating control systems. Electrical loads will be developed and provided to Southern California Edison for power service planning purposes. It is anticipated that SCE will prepare a power service plans to be included as part of the final design documents. UM 25F2346 2.10Identification of Proposed Pothole Locations —Upon the completion and approval of the proposed pipeline alignments, URS will prepare a utility investigation pothole location exhibit. For the purposes of this proposal, URS has included a minimum of 10 potholes for budgetary purposes. Adjustments to the actual required number of potholes will be refined as part of the Basis of Design Memorandum phase of the project. 2.11 Survey Requirements for Final Design — URS and our teaming partner, Coast Surveying, will review the final limits of the project construction and provide a refined limit of surveying services. Currently, URS /Coast Surveying have provided for a full design survey inclusive of existing rights of way along the proposed pipeline alignment, surface features, dipping of existing manholes and depth measurements to "top of nut" for existing water valves of existing utilities. Upon approval of the final alignments of the proposed pipelines, URS /Coast Surveying may revise the limits of survey to only facilities deemed required for final design. 2.12Constructability, Construction Phasing, Critical Physical Crossings, Infrastructure Impediments and Traffic Control Constraints — Through our Quality Assurance programming and Technical Advisors, URS will complete a thorough constructability review of the project specifically through areas where there are potential infrastructure conflicts. Upon the completion of the cons tructability review, URS will document potential conflicts and general construction phasing requirements of the project to be included in the Basis of Design Memorandum. 2.13Allowable Shutdown Periods and Shutdown Sequencing Requirements — URS will work with the Orange County Sanitation District to obtain information regarding allowable shutdown periods and procedures for construction of the OCSD trunk mains and making a connection to OCSD's existing 15 inch sanitary sewer force main. Shutdown and sequencing requirements will be documented including points of contacts, when shutdowns are available and required construction coordination efforts. 2.14 List of Drawings and Outlined Specifications — URS will prepare a complete listing of drawings and special provisions required for final design and preparation of tie construction documents. 2.15O12imon of Probable Construction Costs — URS will prepare a preliminary Opinion of Probable Construction Costs for all elements of the project. Deliverables: • Prepare and submit a Basis of Design memorandum developing up to two additional alternatives. Prepare a decision matrix to include the pros, cons, and construction costs for the two additional alternatives for the City's and Stakeholders reviews. Task 3 - CEQA Documentation and Regulatory Permits Upon the City and Stakeholder's selection of the final preferred alternative, URS will prepare the necessary environmental documentation. The tasks will include: 3.1 CEQA Documentation: a. Prepare CEQA Initial Study /Mitigated Negative Declaration — URS will prepare a draft CEQA Initial Study (IS) in accordance with the current CEQA Guidelines and Appendices. We will begin with preparation of the project description, in consultation with the City, and incorporating the following maps and other existing background data to the extent possible: • A regional map and project site map(s) illustrating the boundaries of the project area, site layout and pipeline routes. - 25P447 __ • A statement of the project objectives, prepared in coordination with the project stakeholders. A statement briefly describing the intended uses of the IS /Mitigated Negative Declaration (MND) including a list of agencies that are expected to use the IS /MND in decision making /permitting and a list of the discretionary approvals for which the IS /MND will be used. • A discussion of the environmental setting; and regional setting with special emphasis on rare or unique environmental resources. The IS will include a summary of the existing environmental conditions using information readily available, such as the EIR for the County of Orange's Santa Ana -Delhi Channel Widening project. URS will then evaluate potential impacts of the project using the CEQA IS checklist form. Impact discussions will cover potential short -term construction impacts and potential long -term impacts of the low flow diversion project, including pipelines. For each environmental topic listed in the checklist, URS will conduct an appropriate level of analysis to support the findings of impact required. As needed, a list of mitigation measures will be included to reduce any potential impacts to less than significant. For this effort, URS will utilize our in -house technical specialists in biology, cultural resources, noise, traffic, air quality, water quality and hydrology to adequately assess the environmental topics. Based on our experience with environmental issues in the local area including Upper Newport Bay, it is likely that impacts can be reduced to less than significant levels with incorporation of tmitigation measures, and therefore, the IS will most likely lead to a MND. URS will submit the Draft IS /MND to the City in electronic format for up to two rounds of review and comment. If needed, URS will meet with the City to discuss comments for incorporation into the final IS /MND. On the basis of this second review, URS will provide five hard copies to the City, one hard copy for the local library and 15 CDs for the State Clearinghouse for distribution to responsible agencies. b. Assist with required Notifications and Responses to Comments on MND — In accordance with CEQA Guidelines Section 15072, URS will prepare a draft Notice of Intent (NOI) to adopt a MND. The NOI must be sent to the Orange County Clerk- Recorder's office, interested public citizens, responsible agencies, and the State Clearinghouse, as well as to the local newspaper for publication. The NOI will also be posted at the project site. URS will conduct these tasks for City, and will utilize a mailing list provided by the City. URS will submit the draft NOI to City for review and comment prior to distribution. During the 30 -day MND review period, the City may receive written comments from federal, state and local agencies as well as interested public citizens and local groups. URS will assist the City in preparing written responses to comments. The responses can be provided to the City Council for review and consideration prior the City Council adoption of the MND. During this time, URS will prepare the required Mitigation Monitoring and Reporting Program (MMRP) in compliance with Public Resources Code Section 21081.6. The MMRP will be prepared in a table format and will include the list of mitigation measures, timeframe for compliance for each measure; party responsible for mitigation implementation; and reporting agency. URS will also update the Draft IS /MND based on the comments that were received and prepare the Final IS /HIND. URS will submit an electronic version of the document for City review and comment. On the basis of this review, URS will finalize the MND for adoption by the City Council. 25F2548 Within five days of the City Council's adoption of the MND, URS will prepare a Notice of Determination (NOD) as required by CEQA and file it with the Orange County Clerk - Recorder's Office and the State Clearinghouse. URS will submit a draft NOD for the City's review and comment prior to any filings. When filing the NOD with the County Clerk, payment of the CDFW filing fee is required. Assumptions for CEQA Documentation: • All required engineering, conceptual grading plans, utility, hydrology /hydraulics, water quality, and geotechnical studies, project site plans and maps are available and suitable for use in preparing the IS /MND. • No separate technical studies will be prepared for traffic, noise, visual, water quality, and air quality. • No more than 10 public /agency comments are received on the MND and no additional technical studies or environmental analysis will be required. • All filing fees required by the County of Orange and CDFW, as well as newspaper publication fees will be provided by the City. 3.2 Cultural Resources Record Search and Letter Report: To evaluate cultural resources for the IS /MND and for the agency permit applications, a cultural resources record search must be conducted. A URS archaeologist will request a cultural resources records search through the designated California Historical Resources Information System (CHRIS) for Orange County, California. The records search will review relevant previously recorded cultural resources and previous investigations completed for the Project Area within a'A mile search radius. Information to be reviewed will include location maps for all previously recorded trinomial and primary prehistoric and historic archaeological sites and isolates, site record forms and updates for all cultural resources previously identified, previous investigation boundaries and National Archaeological Database citations for associated reports, technical reports, historic maps, and historic addresses. The search will also review properties listed on /as the California Points of Historical Interest, California Historical Landmarks, Caltrans Historic Highway Bridge Inventory, California Historical Resources Inventory, local city and county registries of historic properties, the California Register of Historic Resources, and the National Register of Historic Places. URS will also conduct a search of the Sacred Lands file from the Native American Heritage Commission (NAHC). Upon completion of the cultural resources record search, results will be provided to URS by the CHRIS information center and NAHC. URS will review and compile the record search results and will prepare a summary letter report discussing those results. This summary letter report will be created for use in the CEQA IS and will be used for compliance purposes for the USACE permit application process. Assumptions for Cultural Resources: • Assumes the project study area covers 'A mile radius of the diversion area of the channel, retention basin area, and pipeline. If the study area boundary changes, additional costs will be required to revise the records search to cover the new areas. • Records search will be conducted as a standard request. 25F49 • In the event the records search results indicate the presence of known cultural resources, further cultural resources investigations may be recommended. This cost estimate does not include such additional cultural resources work. • Assumes that no paleontological search or Native American Consultation is required. • The deliverable for this scope is limited to one letter request to the information center with one project map figure and one record search results summary letter report. • The cost estimate does not include any additional GIS time associated with the digitization of information resulting from the record search request or for the creation of result figures for inclusion with the letter report. 3.3 Biological Field Survey and Technical Report A biological field survey and technical report are needed to evaluate potential impacts on biological resources for the IS /MND. The survey and report are also needed as supporting documentation for resource agency permits applications (described later in Task 5). URS will review biological resource databases, local resource management plans, aerial photos, and any other readily available commercial data to determine the locations and types of biological resources that have the potential to occur at the Project site and general vicinity. The literature review will support the development of a brief Biological Technical Report. Following the literature review, URS will conduct a pedestrian -based biological survey of the project site (channel diversion area, retention basin area, and pipeline route) to observe, document, and evaluate the onsite conditions and determine the potential for occurrence of common and special- status biological resources and aquatic resources. The field analysis and data collection will identify the acreages of land use and vegetation present, a list of plants and wildlife present will be compiled, and special - status species with potential to occur within the study area will be determined. The field results will be synthesized within a Biological Letter Report, which will be used in the analysis for the CEQA IS /MND as well as included as a requisite attachment to the resource agencies' permit packages. 34 jurisdictional Determination: For projects that may impact areas under the jurisdiction of the USACE, a jurisdictional delineation is required utilizing USACE standard delineation methods. URS evaluated the possibility of using previously- prepared Jurisdictional Delineations associated with the Santa Ana - Delhi Channel Widening project, since the channel widening areas may overlap with the current project. However, based on our experience, we believe the USACE and other perm tting agencies would not accept this Jurisdictional Delineation for the proposed project, and would request a project- specific delineation instead. Reasons would likely include the differing magnitude of impacts, as well as new delineation mapping standards (issued on August 6, 2012) that must be utilized in all new USACE jurisdictional delineations. Furthermore, if utilizing a previously - prepared Jurisdictional Delineation, it would be difficult to address any potential agency data requests, given that the report was prepared by another consulting firm wonting for a different municipality. Therefore, URS has determined it would be most appropriate to prepare a project - specific delineation for the proposed project, as discussed in the following paragraphs. URS will delineate aquatic resources within the study area. The study area includes aquatic resource areas that will be impacted by the project, which likely will be limited to the diversion area of the Santa Ana Dellni Channel. For the delineation, URS will utilize procedures and practices in the 25F2'50 following publications and agency guidance documents: USACE Wetland Delineation Manualu; USACE Interim regional supplement to the Wetland Delineation Manual, Arid West Region, Version 2.02; and USACE and Environmental Protection Agency's (EPA) Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States guidance document3. A pedestrian -based field survey of the study area will be conducted using sub -meter GPS accuracy to precisely delineate the boundaries of potential aquatic resources. The field survey results will be synthesized into a Jurisdictional Delineation Report, which will be submitted as a requisite attachment to the USACE, CDFW, and the RWQCB aquatic resource permit applications. The report will identify the limits of wetlands, non - wetland waters of the U.S., waters of the State, and jurisdictional riparian areas within the study area boundaries. It will also include Project- specific details associated with vegetation communities, soils, and hydrology of aquatic resources within the study area and will include a photolog of aquatic resources. A Preliminary Jurisdictional Determination, rather than an Approved Jurisdictional Determination, will be requested from the USACE in order to expedite the permitting process. A Preliminary Jurisdictional Determination is a formal letter from the USACE stating that Waters of the U.S. "may be" present on site and assumes federal jurisdiction. Because the Delhi Channel is jurisdictional, no Approved Jurisdictional Determination is required. 3.5 Aquatic Resource Permitting: The study area includes aquatic resources that will be impacted by the proposed diversion facility in the Santa Ana -DeN Channel. Completion of Clean Water Act (CWA) Section 401 and Section 404, and California Fish and Game Code (CFGC) 1602 (et seq.) permit applications are most likely required to execute the Project. Within this scope of work, URS will prepare and submit a USACE CWA Section 404 Nation Wide Permit (NWP) Preconstruction Notification (PCN) package. The NWP Program provides applicants with a streamlined USACE evaluation and approval process for certain types of activities that have minimal impacts to jurisdictional aquatic environments. If this is feasible based on the total disturbance footprint, then it will significantly reduce the federal permit processing time and expense. The Project appears to qualify for NWP 43, Stormwatet Management Facilities, so long as impacts to Waters of the U.S. are under 0.5 acre, 300 linear feet, and no construction will occur within perennial streams. It is assumed that the Santa Ana -Delhi Channel is seasonal, rather than perennial. If NWP 43 is not acceptable due to perennial flows within the channel, then NWP 18, Minor Discharges, may be potentially used. The RWQCB has determined that an individual 401 water quality certification may be required for most nationwide permits. URS will subunit a CWA Section 401 Water Quality Certification (WQC) application to the RWQCB. The WQC is required for those applicants seeking a federal permit (e.g., CWA Section 404 permit) to discharge fill material into Waters of the State and /or Waters of the U.S. The USACE will not grant authorization until the WQC has been obtained or has been waived. Environmental Laboratory (EL). 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y -87 -1, U.S. Army Engineer Waterways Experimental Station, Vicksburg, Mississippi. i Interim regional supplement to the Corps of Engineers Welland Delineation Manual: Arid West Region (Version 2.0). J. S. Wakeley, R.W. Lichvar, and C. V. Noble (Eds.). ERDCIEL TR- 08 -28. Vicksburg, MS: U.S. Army Engineer Research and Development Center. s U.S. Army Corps of Engineers and U.S. Environmental Protection Agency (USACE). 2008a. Memorandum Re: CWA Jurisdiction Following U.S. Supreme Court discussion in Rapanos v United States. 25851 The CDFW regulates all activities that modify the bed, bank, or channel of streams, lakes, and their associated riparian habitats under Section 1600 (el seq.) of the CFGC. A CDFW Lake and Streambed Alteration Agreement (LSAA) will be required for all activities resulting in impacts to streambeds and associated riparian habitats. URS will prepare and submit a LSAA package to CDFW to obtain CFGC 1602 (et seq.) compliance. URS will also informally correspond with applicable state and federal regulatory and resource agencies (e.g., CDFW, USACE, and RWQCB) as needed during the permitting phase to identify potential data requirements, minimization, and /or avoidance measures, and mitigation, if needed, to implement the Project. Assumptions for Biological Resources, Jurisdictional Delineation and Agency Perinining • The preferred alternative will be finalized prior to permit application submission. • The City will provide necessary Project- specific documentation and components for application packages, which may include, but us not limited to, an hydrology /drainage report, water diversion plan (if work will be completed in wet portions of the channel), Best Management Plans, cubic yards of cut and fill, construction period and duration, and any other relevant documents and data required for permit applications other than the requisite items produced in this scope. • This scope assumes that the project can be permitted through a Nationwide Permit and does not include the production of a USACE Individual Permit and associated 404(b)(1) analysis. • This scope does not include Federal or California Endangered Species Act (ESA) protocol surveys, consultation, or ESA permitting, if necessary for Project implementation. • This scope does not include the production of a compensatory mitigation plan for Project impacts to aquatic resource areas, should mitigation be required. • This scope does not include agency permit filing fees, potential CEQA filing fees, compensatory mitigation fees, or an environmental filing fee (Fish and Game Code Section 711.4). Task 4 -Final Design Final design will be completed in accordance with The City of Santa Ana's Engineering Design Standards and Standard Plans for Street and Sewer Projects, Orange County Public Works Standards and Standards Design Process Manual. URS will address the following items during final design: 4.1 Construction Specifications — URS will prepare the Construction Specifications in Microsoft Word in standard 8 1/2 x 11 format for the Delhi Diversion Project utilizing the latest Edition of the Greenbook: Standard Specifications for Public Works Construction. The City of Santa Ana will provide the specification boiler plate for the front -end documents related to bidding, agreements, general provisions, and special provisions. The special provisions will be tailored by URS for the project. URS will submit the construction specifications for the City and stakeholders reviews at the 75 %, 100% and Final Design Submittals. 4.2 Construction Plans — URS will prepare detailed construction drawings in Microstation V8i using the City of Santa Ana CADD Standards. Construction plans will be prepared on standard 24 -inch x 36- inch sheet with City of Santa Ana title block. Pipeline plan and profile sheets will be prepared (e.g. profile over plan view) at a scale of 1 " =40' horizontal and 1 " =4' vertical. This will include general plans, civil plans, mechanical plans, and associated details. The horizontal and vertical control will be UM 25F2952 established with NAD83 and NAVD88 survey standards, respectively. The following table presents our preliminary list of the potential construction drawings. UM 25F!° --53 Santa Ana Delhi Diversion Project Construction Drawing List 325F154 Na, Sheet 1 a G -1 Sheet Title Title Sheet 2 G -2 Location Map, Vicinity Map, and Drawing Index 3 G -3 General Notes, Symbols, Agency Index & Abbreviations 4 G -4 Construction Staging Plan and Survey Data 5 C -1 Construction Phasing Plan 6 C -2 Sheet Index Maps 7 0-3 Delhi Diversion Channel Grading and Demolition Plan 8 C -4 Delhi Diversion Channel Site Improvement, Final Grading, Utility and Horizontal Control Plan 9 C -5 Delhi Diversion Channel Details 10 C -6 Delhi Diversion Channel Ramp Details 11 C -7 In- Channel Screening System Layout Plan and Elevations 12 C -8 In- Channel Screening System Details 13 0-9 Off-Channel Conveyance Plan and Profile 14 C -10 Vortex Separator Layout Plan and Details 15 0.11 Underground Water Storage Vault Plan 16 C -12 Utility and Piping Plan Layout 17 C -13 Miscellaneous Civil Details 18 C -14 Miscellaneous Civil Details 19 C -15 Miscellaneous Civil Details 20 C -16 Submersible Pump Layout and Mechanical 21 C-17 Submersible Pump Sections and Level Controls 22 C -18 Submersible Pump Yard Piping and Valving 23 C -19 Mechanical Details 24 C -20 Mechanical Details 25 C -21 Mechanical Details 26 C -22 Sanitary Sewer Pipeline Plan & Profile -1 27 C -23 Sanitary Sewer Pipeline Plan & Profile- 2 28 C -23 Sanitary Sewer Pipeline Plan & Profile - 3 29 C -24 Sanitary Sewer Pipeline Plan & Profile - 4 30 C -25 Sanitary Sewer Pipeline Plan & Profile - 5 31 C -26 Sanitary Sewer Pipeline Plan & Profile - 6 32 C -27 Sanitary Sewer Pipeline Plan & Profile - 7 33 C -28 Sanitary Sewer Pipeline Plan & Profile - 8 34 C -29 Sanitary Sewer Pipeline Plan & Profile - 9 35 C -30 Sanitary Sewer Pipeline Plan & Profile -10 36 D -1 Caltrans Pipeline Control Plan and Details 37 D -2 Caltrans Crossing Details 38 D -3 Pipeline Details -1 39 D -4 Pipeline Details - 2 40 D -5 Miscellaneous Details -1 41 S -1 Delhi Diversion Channel - General Structural Notes 325F154 LXMMIK1 42 e S -2 Delhi Diversion Channel - Structural Sections and Reinforcement Details 43 S -3 DelhiRamp /Wall Structural Details 44 S -4 Pre -Cast Vault Placement and Construction Details 45 S-5 Pump Wet Well Structural Sections and Reinforcement Details 46 S -6 Structural Miscellaneous Details 47 S -7 Structural Miscellaneous Details 48 S -8 Structural Miscellaneous Details 49 E -1 Standard Symbols and Abbreviations 50 E -2 Site Plan for Santa Ana Delhi Channel 51 E -3 Process and Control Diagrams 52 E -4 Conduit Schedule and Routing Plan 53 -H TC -1 thru 16 Traffic Control Plans 70 TC -17 Traffic Control Details URS will submit the construction drawings for the City and stakeholders reviews at the 75 %, 100% and Final Design Submittals. 4.3 Traffic Control Plans — URS will prepare detailed traffic control plans for all proposed pipelines and facilities. The traffic control plans will be prepared in accordance with, and approved by, the appropriate agency (e.g. Cities of Newport Beach, Costa Mesa, County of Orange, and /or others). The traffic control plans will be included in the set of construction plans and will take construction phasing into consideration. The traffic control plans will be prepared at 1"=40' scale with two plan view panels per sheet. URS will work closely with all project stakeholders when preparing the traffic control plans in order to develop plans that meets their access needs. 4.4 Utility Disposition —During the final design phase, URS will collect utility as -built drawings from Cities of Costa Mesa, Newport Beach, the County of Orange, SC Edison, the Gas Company, telecom companies, and other agencies and private parties in order to create a utility base map for final design. We will also perform a web search of USA Digalert's online database to locate all of the utilities in the project vicinity and then contact each utility owner to request a copy of their available as -built drawings, We have included budget in our fee estimate for purchasing utility as -built plans. The as -bats will be used to create an Auto CAD utility map for the project. We will field walk the proposed pipeline alignments after the base map has been created in order to field verify utility locations and surficial appurtenances (i.e. O/H utilities, valve cans, manholes). 4.5 Aerial Survey and Topographic Mapping — Current aerial topography and existing planimetrics data will be obtained for the Sanitary Sewer Pipeline alignments. The photography will be flown for use at a scale of 1" = 40', with contours compiled at 1 -foot intervals. Spot elevations and existing site features identifiable from photography will also be compiled. In an effort to provide sufficient coverage for design, the aerial limits will extend to extend approximately 50 -feet beyond the public right -of -way. This line item includes the field work to set horizontal and vertical control required for the aerial effort, which will be based on Orange County NAD83 horizontal control, and NAVD88 vertical control present in the area. Deliverables will include a digital CAD file containing the resulting data along with a color digital ortho -photo prepared from the photography. The ortho- photo will be a rectified image so as to match the compiled topography as closely as possible, providing the capability to prepare accurate, color exhibits of the property on subsequent efforts. ® Supnlemer ntal Touo aphy —As a supplement to the aerial effort, conventional ground survey will be used to locate significant features not reflected by aerial photography, and obtain additional detail in key areas. Visible indications of surface utilities will be located, as will rim UM __ 25P 55 elevations for drainage structures present. The supplemental data will be used in conjunction with the aerial mapping to create a single topographic map that will be used as the basis for design. Sewer Manhole Details, and Water Valve Locations — Invert elevations will be obtained for sewer manholes present in the alignment. In addition, the top of valves nuts will be observed for water valves present in the alignment, if accessible. Based on preliminary investigation, this effort may include up to 40 sewer manholes, and 50 water valves. It is anticipated that the manholes and valve covers will be accessible and that the measurements can be safely obtained with minimal traffic control. Coast Surveying will work with the Cities of Santa Ana and Newport Beach to ensure that traffic control requirements are met prior to initiating this effort. Existing Right_ -Cf -Way Base Mao — Research, analysis, and mapping will be performed to retrace the centerline and rights -of ways within the project area. The result will be a Right -of- Way Base Map illustrating existing centerline and right of way conditions. Existing centerline monuments combined with available agency research and assessor parcel mapping will be used to prepare the Base Map. This will not be a full and complete boundary survey of the right -of- way and adjacent land parcels. Monuments located will be limited to those along the street centerline. 4.6 Geotechnical Investigation — 4.6.1 Geotechnical Recommendations Analysis - URS will conduct a geotechnical review of existing geotechnical information prepared for the original construction of the Santa Ana Delhi Channel and the construction of the existing public right of way for the proposed pipeline alignment (currently assumed to be as described by South Bristol to Campus, and along Campus to MacArthur) to provide an existing records review as to adequacy of existing information to prepare updated geotechnical design recommendations. Based on the adequacy of the existing information, URS will prepare a letter report providing requirements for additional geotechnical investigations and /or design recommendations to be utilized as part of the final design. In the event that existing information is not available or deem inadequate, URS will provide recommendations as to the extent of additional field investigation required to provide the needed geotechnical information as described in Tasks 4.6.2 and 4.6.3 for the final development of a Geotechnical Report. 4.6.2 Optional Geotechnical Field Investigations — Santa Ana Delhi Channel — URS will conduct geotechnical field investigations for the Santa Ana Delhi Channel that include the following field operations: a) Drill and sample 2 borings (hollow stem auger and rotary wash) maximum depth will be 30 feet below ground surface or refusal. These borings will be adjacent to the existing concrete lined channel within the proposed improvement area. All boring locations will be located subject to permit guidelines. b) Collect samples every 5 feet alternate SPT and California samples. c) Groundwater will be located based on the surface control of the boring site. d) Perform hand auger upper 5 feet. e) Collect the soil/mud in drums since rotary wash method will be used. J) The borings will be backfilled with bentonite slurry to abandon the borehole after measuring the groundwater in the borehole (if encountered). g) URS will obtain boring permits and call USA digalert before drilling. h) URS will arrange traffic control and drum disposal. 25F3356 Conduct laboratory tests of selected samples to evaluate moisture content, density, gradation, Atterberg limits, consolidation, shear resistance, expansion, R- value, soil corrosivity, and /or other criteria as recommended by the geotechnical engineer. Prepare a geotechnical report presenting findings, conclusions, and recommendations for the design and construction of the proposed facilities. The report will include, at a minimum: 1. Groundwater presence and levels; 2. Construction dewatering requirements; 3. Pipe bedding requirements; 4. Trench shoring requirements; 5. Settlement potential; 6. Excavatability of soils; 7. Backfill suitability, and 8. Backfill compaction. The geotechnical report will emphasize specific concerns regarding construction methods and the integrity of the Santa Ana Delhi Channel and structures. The report will provide recommendations regarding the design of facilities. At a minimum, recommendations will include: 1. Active, at -rest, passive and dynamic earth pressures; 2. Foundation type; 3. Allowable bearing pressure; 4. Coefficient of friction between the foundation and sods /subgrade; 5. Foundation design data; 6. Settlement potential; 7. Pipe bedding; 8. Maximum cut slope requirements; 9. Structural needs; 10. Groundwater dewatering well(s) design criteria, and /or 11. Other standard design criteria. URS will provide five (5) copies of the draft Geotechnical Investigation Report (GIR) for the City and stakeholders review. Upon resolution and incorporation of review comments, five (5) copies of final GIR and one (1) electronic copy in PDF (single file) on CD will be submitted. 4.6.3 Optional Geotechnical Field Investigations — Force -main Pipeline Alignment - URS will conduct geotechnical field investigations for the Force -main Pipeline Alignment that include the following field operations: a) Drill and sample 8 borings (hollow stem auger and rotary wash) maximum depth will be 15 feet below ground surface or refusal. These borings will be adjacent to the proposed pipeline alignment within the shoulder area of the public right of way. All boring locations will be located subject to permit guidelines. b) Collect samples every 5 feet alternate SPT and California samples. c) Groundwater will be located based on the surface control of the boring site. d) Perform hand auger upper 5 feet. e) Collect the soli /mud in drums since rotary wash method will be used. f) The borings will be backfilled with bentonite slurry to abandon the borehole after measuring the groundwater in the borehole (if encountered). g) URS will obtain boring permits and call USA digalert before drilling. h) URS will arrange traffic control and drum disposal. tM 25P457 Conduct laboratory tests of selected samples to evaluate moisture content, density, gradation, Atterberg limits, consolidation, shear resistance, expansion, R- value, soil corrosivity, and /or other criteria as recommended by the geotechnical engineer. Prepare a geotechnical report presenting findings, conclusions, and recommendations for the design and construction of the proposed facilities. The report will include, at a minimum: 1. Groundwater presence and levels; 2. Construction dewatering requirements; 3. Pipe bedding requirements; 4. Trench shoring requirements; 5. Settlement potential; 6. Excavatability of soils; 7. Backfill suitability; and 8. Backfill compaction. The geotechnical report will emphasize specific concerns regarding construction methods and the integrity of the Santa Ana Delhi Channel and strictures. The report will provide recommendations regarding the design of facilities. At a minimum, recommendations will include: 1. Active, at -rest, passive and dynamic earth pressures; 2. Foundation type; 3. Allowable bearing pressure; 4. Coefficient of friction between the foundation and soils /subgrade; 5. Foundation design data; 6. Settlement potential; 7. Pipe bedding; 8. Maximum cut slope requirements; 9. Structural needs; 10. Groundwater dewateting well(s) design criteria, and /or 11. Other standard design criteria. URS will provide five (5) copies of the draft Geotechnical Investigation Report (GIR) for the City and stakeholders review. Upon resolution and incorporation of review comments, five (5) copies of final GIR and one (1) electronic copy in PDF (single file) on CD will be submitted. 4.7 Easements — URS will prepare property easement requirements exhibits for the proposed project improvements adjacent to the Santa Ana Delhi Channel and within the Newport Beach Golf Club area. No easements are anticipated for improvements located within the public right of way. The City will coordination with the County of Orange to obtain all required easements inclusive of all legal descriptions, plates and other supporting documentation. 4.8 Design Coordination — Coordination efforts may include, but will not be limited to, pipeline points of connection, construction phasing, staging areas, and site access. URS will also coordinate our design efforts with other project stakeholders, including the County of Orange, Orange County 4.9 Permits — At the request of the City, URS will prepare applications and coordinate all perm is with the County of Orange, City of Newport Beach and Caltrans District 12 inclusive of environmental permitting. URS will prepare and process the permit applications, including exhibits requited by the issuing agency, and shall furnish the required number of copies of all plans and exhibits. City staff will sign all applications as required by the owner. The City will pay all pettnit, filing and other fees directly. 5 25F358 4.10Project Schedule — URS will submit monthly project schedule updates and with each final design submittal. The project schedule will reflect coordination items, submittal milestones, critical path items, City and stakeholders review times, shop drawing approvals, manufacturing, delivery, and seasonal weather impacts. URS will prepare the schedule in Microsoft Project (Gantt) format. 4.11O12inion of Probable Construction Cost — URS will prepare an engineer's estimate of probable construction costs for the 75 %, 100% and final submittals. URS will incorporate and address comments from the City, related to the cost estimate. Construction costs will be determined from a variety of resources, including: vendor quotes, RS Means Costworks software, Caltrans Cost Data Books, recent construction bids from other similar local projects that URS has recently designed. Final Design Deliverables — URS will provide the following final design deliverables: • Hard copies of construction plans will be reproduced in either full-size (24 "x36 ") bond format or tabloid (11 "x17") bond format, per City's preference. The Construction Specifications will be reproduced in double -sided letter -size format per City standards. The submittals that will be provided are as follows: — URS will submit five (5) hard copies and one (1) electronic file in PDF format of the first (60 %) submittal. Plans for the first submittal will include a draft set of drawings for the entire project. Pipeline alignments, preliminary profiles, existing utilities, street /pipe sections, and details will be provided in detail for of each components of the design such as civil, mechanical, structural, and traffic control components. The first submittal will include all sections of the Construction Specifications with technical specifications and an engineer's estimate of probable construction cost. — URS will submit five (5) hard copies, one (CD) with Auto CAD files for the entire plan set, and one (1) CD with a single full-scale PDF file of the construction plans for the third (100 %) submittal. This subtr ttal will include the complete plan set and specifications and a notebook with the design calculations (including mechanical, civil, structural, pipe thickness and restraint). URS will incorporate City comments on the 60% submittal, as well as comments received at the plan review meeting. URS will update the Specifications and engineer's estimate of probable construction cost for this submittal. — URS will submit wet - sealed and signed reproducible plans (mylars) of the final construction plans and original signed Construction Specifications for the City's signatures. URS will attend a meeting for signatures to explain the project and answer questions. A final engineer's estimate of probable construction cost will be submitted with the final plans and Specifications. 4.1213id Support, Addenda Preparation and Pre -Bid Meeting — During the bidding period, URS will provide bidding support and assistance as it pertains to the contract documents and construction drawings. For budgetary purposes, we have assumed a number of hours in out fee estimate to answer questions from prospective bidding contractors, and assist the City in providing information and clarification of the bid documents. URS will consult with the City to address concerns or answer questions in support of administering the bid process. URS has budgeted for up to three (3) addenda to the construction plans and /or Construction Specifications for prospective bidders, if requested by the City. Addenda preparation will include: • Plan Revisions — URS has budgeted eight (8) hours of staff time for plans revisions. • Specification Revisions — URS has budgeted eight (8) hours of staff time for revisions to the Construction Specifications, Im 25P659 N • Bidder Questions — URS has budgeted eight (8) hours of staff time to address and respond to bidder questions. Pre -Bid Meeting — URS will prepare for and conduct one (1) two -hour pre -bid meeting along with a site visit with potential bidders, if required. URS will prepare the meeting agenda, exhibits, sign -in sheet, arnd minutes for the pre -bid meeting. Task 5 - Construction Phase Services URS will provide the City with as- needed construction phase services for the project URS is currently providing construction support services for other municipalities and we understand that being responsive, organized, and detail- oriented during the construction phase will help the City keep the project on schedule and avoid contract change orders from the Contractor. URS' anticipated level of service during the construction phase is detailed below: 5.1 Project Meetings — Upon the request of the City, URS will attend /conduct progress meetings of two hours each during the course of project construction and provide agendas and meeting minutes within five (5) working days of the meeting. For this task, we have budgeted twelve (t2) project construction meetings. 52 Contractor's Request for Information (RFI) — URS will respond to Contractor's Requests for Information to provide clarification or resolve discrepancies in the contract documents. URS will maintain a log of RFIs using a standard submittal log. URS will return responses to the City within five (5) working days or earlier. URS has budgeted for up to twenty -five (25) RFI's. 5.3 Site Visits — URS will make periodic field reviews and notify the City of any defects or deficiencies in the Contractors work. URS understands that they have no authority to issue instruction on behalf of the City or to deputize another to do so. URS has budgeted for twelve (12) site visits of two hours each during construction. 5.4 Shop Drawing Reviews — URS has budgeted for the review of twenty (20) shop drawing submittals and /or resubmittals. Submittals will be reviewed for completeness and conformity with the contract documents. URS will provide comments to the City electronically using Adobe PDF Professional. URS will maintain a log of submittals. URS will return comments to the City within fourteen calendar days. 5.5 Change Order Requests Reviews — At the request of the City, URS will review Contract Change Order requests from the Contractor. Reviews shall be completed within two (2) working days of receipt. 5.6 Construction Coordination - URS shall coordinate plan check, design topics, permits and other issues with the City, other Agencies, and utility companies as required. At the direction of the City, URS shall be the liaison with the affected agencies. 5.7 As -Built Drawings — Upon completion of construction, URS will incorporate all changes to the plans electronically using the Contractor's and City Inspector's red lines. URS will utilize the standard industry revision notations. One (1) signed set of as -built mylars will be submitted to the City with electronic copies in Microstation V8i CADD and pdf formats. URS shall deliver the signed electronic files on CD and one color PDF file of the entire construction plan set on CD to the City. The Fee Proposal is submitted in a separately sealed envelope, as required in the RFP. 25F3760 4. CERTIFICATIONS The following forms are signed and included on the following pages: • Attachment D -1: Non - Collusion Affidavit; • Attachment D -2: Non - Lobbying Certification; • Attachment D -3: Department of Housing & Urban Development Section 3 Contract Clause; and • Attachment D -4: Certification of Non - Discrimination by Consultants. um I 25P -61 9() CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 APPENDIX ATTACHMENT D -1: NON- COLLUSION AFFIDAVIT CERTIFICATIONS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed - r- Richard Hart, Vice President, URS Corporation Americas State of California County of S }}��bsQribed MA sworn to (or affirmed) before me on this �� ` day of )) 20� by ((j (� f y( j y (f �( proved to me on the ba ' KEL Y P. O'CONNOR the person(s) who appeared before me. COMM. #2085476 z X Notary Public - California Z QMV Orange County t C omm. EX ireS Oct. 10, 2018 Nota Pub(lia/S{igna� mature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDE'. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE 20299 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 APPENDIX ATTACHMENT D -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Name URS Corporation, dba URS Corporation Americas Signature and Printed Vice President November 11, 2014 Richard Hart THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, City of Santa Ana RFP 14 -069 ZSP -63 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS DEPARTMENT OF HOUSING & URBAN DEVELOPMENT UM SECTION 3 CONTRACT CLAUSE A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Consultant agrees to send to each labor organization or representative of workers with which the Consultant has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Consultant's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Consultant agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the sub - consultant is in violation of the regulations in 24 CFR Part 135. The Consultant will not subcontract with any sub - consultant where the Consultant has notice or knowledge of that the sub - consultant has been found in violation of the regulations in 24 CFR Part 135. E. The Consultant will certify that any vacant employment positions, including training positions, that are filled (1) after the Consultant is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Consultant's obligations under 24 CFR Part 135. City of Santa Ana RFP 14 -069 2P X64 �w CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 F. Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section (7) b of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). For the purpose of training and employment the rip mare Section 3 covered project area is the area in closest proximity to the actual construction work site within the U.S. Census Tract in which the project is located. It is understood that priority for employment opportunity is to be given to residents residing within the primary Section 3 area as defined. A Section 3 area resident is any lower income individual residing within the Section 3 area, whose total family income does not exceed 80% of the median income of the metropolitan statistical area in which the project is located (Orange County). A public housing resident is defined by regulations as Section 3 resident, regardless of income. The Consultant and each sub- consultant certifies that they will provide, to the greatest extent feasible, opportunities for employment to lower income residents (local residents) and job opportunities in connection with projects in their neighborhoods. For fiscal year 1996 -97, minimum goal for each project is 30 %. The Consultant /Sub- consultant/Service Provider by the signature affixed hereto declares under penalty of perjury: Consultant /Sub - consultant /Service Provider has read Section 3 requirements and accepts all its requirements contained therein for all of his /her operations within the City of Sant a Richard Hart, Vice President, URS Corporation Signature Print Name and Title Signature Signature Print Name and Title Print Name and Title November 11, 2014 _ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14 -069 2SP -65 C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 APPENDIX ATTACHMENT D -4: CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS CERTIFICATIONS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment and including, but not limited to, what is listed in the Non - Discrimination Clause in Exhibit 10 -V per: http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/chapterl 0/1 Ov-20.13-05-14 docx and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all sub - consultant agreements. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAME URSCorporation ,dbaURS Corporation Americas TITLE OF PERSON SIGNING SIGNATURE AND PRINTED NAME DATE November 11, 2014 Richard Please include any additional information available regarding equal opportunity employment programs now in effect within your company. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 14 -069 AV266 N\ Joseph Long, P.E. Project Engineer, Infrastructure Design, Irvine Spectrum Phase IV, The Irvine Company, CA: Responsible for development of the wet infrastructure for the Irvine Spectrum Phase IV commercial development. The project included water demand analyses, sewer demand analyses, hydrology /hydraulics analysis and the design of water, sewer and storm drain facilities. Principal -in- Charge /Project Design Manager, Archibald Avenue, Ontario, CA: Responsible for overall design and widening of Archibald Avenue from Bellgrave to Riverside Drive. The project involved reconstruction and widening of Archibald Avenue from its original two - lane rural roadway to a secondary six-lane arterial highway. The project included design of the roadway section to include 50 feet setback areas to be utilized for low -flow stormwater management and water quality 25F -68 Project Manager Overview Mr. Long has more than 24 years of experience in engineering consulting, with an emphasis in multi- discipline project solutions for public infrastructure. I-Ie provides technical direction and project oversight for the development of public infrastructure that includes potable /reclaimed pipelines, pressure regulating stations, pump stations, storage facilities, flood control facilities, regional and sub - regional storm drain facilities, storm water quality mitigation treasures, and natural storm water Areas of Expertise treatment systems. His technical expertise ranges from master planning Recharge /Water Banking Projects and program management to final design and construction Potable Water /Reclaimed Water implementation. Pumping Facilities Facilities Ptunp Project Specific Experience Regional Flood Control Facilities Project Manager /Project Engineer, Santa Ana Delhi Urban Water Transportation Infrastructure Recovery Unit, Newport Beach, CA, City of Santa Ana: Responsible Stormwater Master Planning for the initial planning and final design of a new urban water recovery Water Conveyance /Flood Control system. The project includes the design of an inflatable dam diversion Quality Assurance / Quality Control structure, primary and secondary grit and debris removal clarifiers, return Years of Experience flow pumping facilities and 240,000 gallon subsurface storage reservoir. With URS: 3 Years The effluent from the facility is utilized for irrigation purposes within an With Other Firms: 21 Years existing golf course or diverted to the sanitary sewer system dependent upon water quality. Education Senior Engineer, Orange County Great Park Water Management BS /Civil Engineering /1991 /California Plan (WMP), Irvine, CA, City of Irvine: URS developed a WMP for Polytechnic University, Pomona the long -term build -out of the Orange County Great Park to capture Registration /Certification storm water from 5,550 acres of contributing watersheds that would be 1994 /Professional Civil Engineer /CA/ stored in onsite water features, and treated and reused for irrigation of #54329 Great Park landscaping. The heart of the WMP planning process is a hydrologic water model that uses 23 years of precipitation data and incorporates native vegetation palettes, contributing watershed characteristics, and a range of phased collection, storage and treatment facilities. Project Engineer, Infrastructure Design, Irvine Spectrum Phase IV, The Irvine Company, CA: Responsible for development of the wet infrastructure for the Irvine Spectrum Phase IV commercial development. The project included water demand analyses, sewer demand analyses, hydrology /hydraulics analysis and the design of water, sewer and storm drain facilities. Principal -in- Charge /Project Design Manager, Archibald Avenue, Ontario, CA: Responsible for overall design and widening of Archibald Avenue from Bellgrave to Riverside Drive. The project involved reconstruction and widening of Archibald Avenue from its original two - lane rural roadway to a secondary six-lane arterial highway. The project included design of the roadway section to include 50 feet setback areas to be utilized for low -flow stormwater management and water quality 25F -68 Joseph Long, P.E. utilizing LID techniques, the design of a regional stortnwater collection system (24" to 96" diameters), the reconstruction of two regional flood control box - culverts, power and telecommunication utilities, potable /reclaimed water transmission mains and six complete signalized intersections. Project Manager, County of Riverside Transportation /Land Management Agency, On -Call Engineering Services: Responsible for providing On -call engineering services to the TMLA. The scope of services included the preparation of plans, specifications and estimates for local roadway improvement projects (generally projects less than 9$500,000 in construction values). The services included the development of roadway rehabilitation plans, corrective measures addressing original design deficiencies, reconstruction of damaged facilities and the development of small improvement projects. Principal -in- Charge /Project Design Manager, Various Roadway Projects, City of Ontario, Ontario, CA, 2006 -2009: Responsible fox the overall design and widening of several roadways associated with the redevelopment of the New Model Colonies within the City of Ontario inclusive of Milliken /Hamner from Bellgrave to Riverside Drive, Riverside Drive from Archibald Avenue to Milliken Avenue and Edison Avenue from Vineyard to Milliken. 25F -69 Tama S. Snow, P.E. Deputy Project Manager Senior Project Engineer, Design of Chloramine Booster Stations at Three Existing Domestic Water Reservoirs, Irvine, CA: Preparing preliminary design report (PDR) for the design of three chloramine booster stations at three existing domestic water reservoirs. PDR includes conducting a site analysis to locate new booster stations, identifying all land acquisitions required, identifying permits necessary and CEQA documents. Senior Project Engineer, Baxter Bioscience, Los Angeles, CA: Conducted Failure Mode and Effect Analysis at existing wastewater treatment plant; conducting workshops, preparing report and making recommendations on prioritizing modifications to undersized wastewater treatment plant. 25F -70 Overview Ms. Snow has over 22 years of experience in civil engineering planning, design and construction of water, wastewater and recycled water projects. She has worked on a multitude of projects from the conceptual phase through the construction and operation phases that included such tasks as obtaining grants and loans, hydraulic modeling, preparing master plans, preparing design plans and specifications, and served as the lead technical spokesperson for the Orange County Water District's (OCWD) Areas of Expertise Groundwater Replenishment System's Public Relations Campaign while Civil Engineering Planning, Design and working as a Senior Engineer at OCWD. Construction of Water, Wastewater Project Management Experience and Recycled Water Years of Experience Ms. Snow has managed both small projects and large multi - million dollar projects involving multiple municipalities and subconsultants. She delivers With URS: >2 Years projects on schedule and within budget. With Other Firms: 19 Years Education Planning and Design Experience MS /Engineering /2001 /Cal Poly She has extensive planning and design experience on a multitude of Pomona projects including planning and feasibility studies, pipelines, pump BS /Civil Engineering /1991 /University stations, water reservo rs, and water and wastewater treatment facilities. of California, Irvine She also has experience in promoting recycled water for landscape and BA /Mathematics /1988 /University of industrial applications, preparing industrial engineers reports and drawings California, Riverside to obtain health department approval to convert facilities to recycled water and dual plumbed facilities. Registration /Certification 1997 /Professional Civil Engineering/ Project Specific Experience CA/ #056934 Project Manager, Stockdale West Wellhead Equipping and Conveyance Facilities, Bakersfield, CA, Irvine Ranch Water District, 2014 -2015: Project includes the design of wellhead equipment for three deep aquifer wells and pipelines to convey up to 9000 gpm of untreated water to a turn -in into the Central Valley Canal. Prepared preliminary design report, construction drawings and specifications. Design Completion Date December 2014; Construction completion December 2015. Senior Project Engineer, Design of Chloramine Booster Stations at Three Existing Domestic Water Reservoirs, Irvine, CA: Preparing preliminary design report (PDR) for the design of three chloramine booster stations at three existing domestic water reservoirs. PDR includes conducting a site analysis to locate new booster stations, identifying all land acquisitions required, identifying permits necessary and CEQA documents. Senior Project Engineer, Baxter Bioscience, Los Angeles, CA: Conducted Failure Mode and Effect Analysis at existing wastewater treatment plant; conducting workshops, preparing report and making recommendations on prioritizing modifications to undersized wastewater treatment plant. 25F -70 Tama S. Snow, P.E. 01 ovl�l Senior Project Engineer, Orange Park Acres Pump Station, Orange, CA, Irvine Ranch Water District: Prepared technical specifications for the construction of well head equipment, pump station, wet well, sodium hypochlorite, ammonia injection systems and pipelines for the Irvine Ranch Water District. Senior Project Engineer /Assistant Project Manager, Groundwater Replenishment System, (Orange County), CA, Orange County Water District (OCWD) /Orange County Sanitation District, 1997- 1999: Prepared planning and feasibility analysis for the GWR System. Analyses included determining secondary effluent requirements for the advanced water treatment plant from project inception through build -out, financial analysis, developing preliminary pipeline alignments based on utility conflicts, encroachment penirits and costs, preparing technical memoranda and overseeing consultant's preparation of environmental documents and planing and feasibility studies. Lead Project Engineer, Recycled Water System Expansion, Long Beach, CA, Long Beach Water Department (LBWD): During preliminary design phase, developed pipeline alignments, completed hydraulic model to size pipelines, pump stations and reservoirs and prepared Preliminary Design Report. During final design phase, prepared construction drawings and specifications for recycled water pipelines, pump stations, chlorine contact tanks, and conversion of two potable water reservoirs to recycled water. Lead Project Engineer, Recycled Water Program, (Various Cities), CA, West Basin Municipal Water District (WBMWD): Developed pipeline alignments, prepared cost estimates, managed multiple contracts with subconsultants and contractors, reviewed design of pipelines, pump stations and water reclamation facilities prepared by other consulting firms. Coordinated activities with consultants, subconsultants, State and County Department of Health Services and prepared hydraulic model. Also oversaw cross connection testing with State and County DHS. Project Manager, Reclaimed Water Feasibility Study, Compton, CA, Central Basin Municipal Water District (CBMWD): Identified potential reclaimed water users, developed pipeline alignments and prepared feasibility report. Lead Project Engineer, Recycled Water Program, Martinez, CA, Central Contra Costa Sanitary District (CCCSD): Developed standard pipeline drawings and specifications for recycled water facilities. Design Engineer, Construction Plans and Specifications, Laguna Niguel, CA, Moulton Niguel Water District (MNWD): Responsible for preparation of construction plans and specifications for various pipeline projects for MNWD. Design included 15,000 linear feet of 8 to 30 -inch potable water pipelines, 32,000 linear feet of 8 to 16 -inch reclaimed water pipelines and 5,500 linear feet of 8 -inch gravity sewer pipelines. 25F -71 Areas of Expertise Stormwater Pollution Prevention Plans Spill Prevention and Countermeasures Plans OPA -90 Plans Spill Training TableTop Spill Exercises Feasibility Studies and Remedial Action Plans Engineering Evaluation /Cost Analysis (EE /CA) and Expedited Removal /Remedial Actions Installation and Operation of Remediation Systems for Soil and Groundwater Site Assessments Groundwater Studies and Solute Transport Modeling Wastewater Treatment Plants RNiPP, PSM, and Waste Minimization Plans Project Management Years of Experience With URS: 15 Years With Other Firms: 8 Years Education MS /Chemical Engineering /1987/ University of Kansas, Lawrence MS /Petroleum Refining and Petrochemical Engineering /1981 / Institute of Petroleum and Gas Registration /Certification 1994 /Registered Environmental Assessor /CA Tariq Hussain, R.E.A. Principal -in- Charge Overview Mr. Hussain is a Vice President and Manager of the Water /Wastewater Engineering Division for the URS Southern California operations. He has been a consultant in the field of environmental and water /wastewater engineering for over 26 years. Ile specializes in managing large multi- disciplinary programs for private and public sector clients. His experience in the field of water resources is expansive and diverse, such as developing groundwater management models for aquifers that were under strain because of excessive use based on water rights, or the economics of using desalination as a water supply tool. Project specific Experience Project Manager, Turnkey Removal Action, Santa Ana, CA: The site was involved in litigation; therefore, National Contingency Plan (NCP) requirements were followed to prepare for and execute the Removal Action. This included the preparation and regulatory approval of an EE /CA prior to implementation. The Removal Action involved the excavation, removal, and disposal of heavily contaminated soil from the site. The Removal Action became necessary because the concentrations of halogenated solvents in a portion of the site were posing an imminent threat to groundwater. Project Manager, Expedited Remedial Action Plan, Vernon, CA: Managed the first Expedited Remedial Action Plan prepared under the California SB -923 program. The site is the first to be selected under this program. Project Manager, Union Station Gateway Project, Los Angeles, CA, Union Station: Participated in the preparation and implementation of an EE /CA for a Removal Action for the Union Station Gateway Project. The action became necessary when a former town gas site was encountered during construction activities. The encountered soil was heavily contaminants with PAHs, VOCs, and other contaminants associated with town gas sites. Through the timely implementation of the removal action plan, construction activities went ahead on schedule. Project Manager, Feasibility Study for Federal Superfimd Site, Various Cities in Southern California, CA: Extensive treatability studies for waste, soil, groundwater, and NAPL. The feasibility of excavating soil impacted with high concentrations of VOCs was also evaluated for the site. Project Manager, Large Remediation Project, Ontario, CA, Department of Toxic Substances Control (DTSC): Successfully piloted the project through the regulatory process and obtained approval of the Feasibility Study (FS), Remedial Action Plan (RAP), and Remedial Design. The RAP, as approved by the DTSC, recommended soil vapor extraction as the remedy for impacted soil. After a detailed pilot test to obtain physical and operating parameters for the site, a full-scale soil 25F -72 Tariq Hussain, R.E.A. vapor extraction system was installed at the site. The installed system has been successfully operated for over one year and is meeting or exceeding all project objectives. Project Manages, Comprehensive Long -term Environmental Action Navy (CLEAN) Program, Various Cities in Southern California, CA, Naval and Marine Corps: This program, which is one of the largest DOD hazardous waste management contracts to date, covers most of the Naval and Marine Corps bases between Los Angeles and San Diego to the south and the New Mexico border to the east. Projects include contamination assessment, UST removal and site closure, site investigation, removal action, solid waste assessment, design of soil and groundwater remediation processes, and identification and evaluation of appropriate technologies for soil and ground -water remediation. Project Manager, Superfund Sites Study, Various Cities, U.S., Chevron: Conducted a study of 30 Superfund sites nationwide and evaluated each site in terms of Potentially Responsible Party participation, community concerns, treatment technology selection process, implementation of the remediation plan, agency reactions, and cost - analysis per ton of treated waste. The purpose of the study that was conducted for Chevron was to show trends in the Superfund process leading to site remediation. The influence of each criterion on the remedy selection process was evaluated. Project Manager, Industrial Site Feasibility Study, San Diego County, CA: Responsible for the industrial site, which had groundwater contaminated with halogenated solvents. Conducted a feasibility study and designed a remediation system using a pump and treat system. The design included the use of computer models to locate the optimum location of extraction and injection wells. Evaluated different technologies, including carbon absorption, air stripping, and peroxidation for treating contaminated water. This remediation plan was approved by the San Diego Regional Water Quality Control Board and implemented. Project Manager, Hazardous Waste Minimization Study and Audit, San Diego, CA, San Diego Gas &Electric: Completed a hazardous waste minimization study, and audit for SDG &E facilities. Installation included power plants, gas pipeline booster stations, service centers, and vehicle maintenance shops. Also evaluated SDG &E's compliance with California's SB -14 regulation. The project led to a comprehensive understanding of the SDG &E operations. Project Manager, RMPP Project /Fault Tree Analysis, San Bernardino County, CA, San Bernardino County Health Department: Responsible for an RMPP project involving handling and storing ammonia, chlorine, sulfuric acid, nitric acid, and TDI. A Hazop study was conducted for the equipment forming part of each chemical operation. In addition, a Fault Tree Analysis was conducted using a maximum of two successive faults that could lead to a release from the facility. The scenarios selected for off -site consequence analysis were derived from the Fault Tree Analysis. 25F -73 Jun Wang, P.E. 25F -74 QA /QC Overview Mr. Wang has over 25 years of extensive water resources engineering and management experience in the fields of hydrology, hydraulics, floodplain management, drainage and flood control, storm drain system planning and design, water conservation, sediment transport analysis, erosion and sedimentation, stream restoration, water quality studies, bridge scour evaluation, and floodplain mapping studies. He also has broad computer modeling skills in hydrology, hydraulics, floodplain, sedimentation, Areas of Expertise dam /embankment failure, and flood detention. Surface Water Hydrology /Hydraulics project Specific Experience Flood Control and Drainage Planning and Engineering Deputy Contract Manager /Task Manager, Civil Engineering for Erosion and Sedimentation Civil Works Projects IDIQ, Los Angeles, CA, U.S. Army Corps of Bridge Hydraulics and Scour Engineers: Responsible for the award and performance of 16 task orders Evaluations involving levee design, hydrology/ hydraulics modeling, habitat Years of Experience restoration design, waste water facilities, sea water desalination, and value engineering. Example task orders include: Santa Maria Wash Levee Final With URS: 5 Years PS&B, Rio Salado Ecosystems Restoration, Los Angeles River Watershed II /h' With Other Firms: 21 Years Modeling, Santa Paula Creek Flood Coteml/Fish Passage Engineering and Education Permitting, Nogales Wash Flood Control Value Engineering, and Cambria Sea MBA /Business Administration /1994/ Water Desalinalion. California State University Study Manager /Hydraulic Engineer, Santa Clara River Hydraulic BS /Civil Engineering /1985 /Colorado Modeling and Overflow Analyses, (Los Angeles /Ventura Counties), State University CA, U.S. Army Corps of Engineers: Responsible for preparing Registration /Certification hydraulic models and floodplain maps of over 55 natural streams and 1997 /Professional Engineer /CA/ urban channels totaling over 300 stream miles. This study involved C58362 extensive field inspections of the study reaches including more than 200 bridges and culverts. Overflow evaluations of these facilities using HecGcoRAS captured a wide range of flood characteristics from 2- to 500 -year events. Project Manager, Bus Canyon Channel Improvement Study, Simi Valley, CA, County of Ventura Watershed Protection District: Responsible for the alternative study and preliminary design of channel improvements for the Bus Canyon and Bus Canyon Tributary in the City of Simi Valley. The project involves developing multiple drainage improvement alternatives including an upstream detention and channel and bridge modifications to meet the 100 -year flood capacity. Senior Advisor/ QA Manager, Drainage Planning and Engineering for the Westside Subway Extension, Los Angeles, CA, LA Metropolitan Transportation Authority: Provide technical guidance and QA /QC for the development of drainage design plans for the Advanced Conceptual Engineering and Preliminary Design phases of the subway extension project in downtown Los Angeles. Project Manager, Barrel Springs Wash Watershed Hydrologic Study and Drainage Plan, Palmdale, CA, City of Palmdale: Responsible for 25F -74 Jun Wang, P.E. conducting a watershed stream -basin network modeling of Barrel Springs Wash in the City of Palmdale following the Los Angeles County hydrology procedure to determine the peak flow rates as well as the flood hydrographs of the design event. Project Manager, Amargosa Creels Hydraulics/ Sediment Transport Study and Channel Improvement Design, Palmdale, CA, City of Palmdale: Responsible for directing and performing channel hydraulics and sediment transport analyses to develop the basis of the channel improvement design for an over one mile long soil cement channel in the City of Palmdale. The study involved detailed hydraulic analysis of the river system using Hec -Ras and sediment transport modeling using Hec -6 under a range of storm events to determine the extent of scour/ deposition in the channel to facilitate the preparation of channel improvement plans. Project Manager, Prince Barranca Channel Improvement Design, Ventura, CA, County of Ventura: Responsible for the on -going preliminary design of a flood detention basin facility in the City of Ventura. The project involved developing multiple drainage improvement alternatives including an upstream detention for the existing Prince Barranca Channel which is currently unable to carry the 100 -year flood. The project involved hydrology, hydraulics, sediment yield analysis, and a 30% completion design of the basin facility. Flood damage analysis and benefit /cost ratios were also developed to justify the flood detention project. Project Manager, FEMA Letter of Map Revision Study of Amatgosa Creek, Palmdale, CA, City of Pahndale Public Works: Responsible for developing the 100 -year floodplain map of Amargosa Creek and coordinating with FEMA to obtain the Letter of Map Revision (LOMR). The work was done for the Public Works Department of City of Palmdale. The floodplain map was prepared based upon a Hec -Ras analysis of the river's study reach and digitally using GIS -based topographic information. Both FEMA standard base map and annotated revised Flood Insurance Rate Map were created. The LOMR was issued by FEMA within one and half months from the date of submittal. Project Engineer, Drainage Study, Viejas Indian Reservation, CA, Viejas Indian Tribe: In charge of conducting a drainage evaluation of Viejas Indian Tribe including a floodplain analysis of Viejas Creek through development of a rainfall runoff model using GeoHMS to determine the 100 -year flood peaks and a HECRAS model to simulate the vertical and horizontal profiles of the 100 -year flood event. The study also evaluated the design adequacy of number of major drainage structures and developed alternative solutions to improve the flood conveyance conditions of these facilities. 25F -75 Areas of Expertise Hydrologic Analyses Hydraulic Analyses Conceptual Design Drainage Design Alluvial Fan Analyses Floodplain Delineation Scour Analyses Dam Breach Analyses Years of Experience With URS: >9 Years With Other Firms: >3 Years Education BS /Environmental Engineering /2001 / Massachusetts Institute of Technology Registration /Certification Professional Civil Engineer /CA/ Jimmy J.M. Medellin, P.E. Hydraulics Engineering Overview Mr. Medellin is a Senior Water Resources Engineer in the URS Water/ Wastewater practice. He has over 13 years of experience in the fields of hydrology and hydraulics, and has completed flood hazard analysis of numerous project areas requiring this analysis as a prerequisite to development of subdivisions. His role in flood hazard analysis includes stochastic analysis of alluvial fans, 2- dimensional modeling using FLO- 2D, scour analysis, and hydraulic analysis of flood control channels. His additional project experience involves drainage design and surface modeling. A partial listing of his prior project experience includes awareness floodplain mapping for the California Department of Water Resources, and stormwater drainage system design and stormwater best management practices (BMP) design for the California Department of Transportation (Caltrans). He has experience working with HEC -RAS, HEC -1, HEC -HMS, WSPGW, HEC- GeoRAS, HEC- GcoHMS, Autodesk Civil 3D /AutoCAD, AES, Microstation, ArcView 3.3, ArcGIS 93, PondPack, and StormCAD. Project Specific Experience Senior Engineer, LAX Runway 61,2411 Safety Area and Rehabilitation, Los Angeles, CA, Los Angeles World Airports, 2014: Responsible for analyzing the pre- and post - development hydrologic and hydraulic characteristics and evaluate the possible impacts to the existing airport drainage system within the project area, including increased runoff potential for project conditions. Performed one - dimensional hydraulic analysis for box culvert extension within Argo Channel and designed outlet protection. 77250 Senior Engineer /Engineer -of- Records, Chatsworth Park South, Chatsworth, CA, City of Los Angeles Department of Recreation and Parks, 2013 - Present: Responsible for surface drainage component of park redevelopment. The primary objective of this project was to develop and implement a Remedial Action Plan (RAP) and improve surface drainage of the site. Implemented several best management practices including drainage improvements such as perimeter bio- swales to minimize the potential for migration of sub - surface contaminates through surface water, a network of detention basins to trap sediment and modulate offsite surface water discharge, as well of design of several cross culverts. Senior Engineer, Vail Dam Seismic and Hydrologic Deficiency Evaluation, Riverside County, CA, Rancho California Water District, 2013 -2014: Completed hydrologic and hydraulic analyses for existing arch dam of Vail Lake. Hydrologic and hydraulic analyses included calculating the Probable Maximum Flood (PMF), routing the flood through the reservoir via the existing spillways, overseeing the dam break analysis, and providing remedial measures for the dam. 25F -76 Jimmy J.M. Medellin, P.E. Senior Engineer, Stonybrook Lane Storm Drain, Orange County, CA, Orange County Public Works, 2012: Completed a hydrology and hydraulic analyses to determine the hydraulic impacts the addition of a proposed Stonybrook Lane system storm drain would have on the existing Ball Road storm drain system. The project included updates to the hydrology and hydraulic models developed for the Master Plan of Storm Drainage for Carbon Creek Channel Tributary Area (Sept., 2010). Deliverable to the client included a letter report, and updated hydrology and hydraulic models. Senior Engineer, I -710 EIR /EIS, Los Angeles County, CA, Los Angeles County Metro, 2010 - Present: Developed one- dvnensional hydraulic models of the Los Angeles River to analyze the potential hydraulic impacts of possible improvement alternatives for I -710. The results of the hydraulic study were compared to water surface elevations of the effective HEC -RAS model for the Los Angeles River developed by the US Army Corps of Engineers. Alternatives focused on relocation of DWP transmission facilities and encroachment onto the Los Angeles River. Senior Engineer, Pier G Berths G230 -G236 Terminal Redevelopment, Long Beach, CA, Port of Long Beach, 2010 - Present: Responsible for storm drain and sewer lines. Project scope included the construction of new wharfs and redevelopment of bacldands areas within Pier G. Design of new utilities was based on a master plan approach for the ultimate condition of Pier G. Senior Engineer, P -063 Design Build Marine Reserve Training Center, Seal Beach, CA, RMA Land Construction, 2010 -2011: Prepared storm drain design and Low Impact Development (LID) design for new Marine Reserve Training Center. Site features concrete parking lot expansion, POV parking lot, roadway extensions, sidewalks, and landscaping. Stormwatex best management practices (131N1P) design included bioretention basins to treat water quality volume and attenuate peak flood flows. Other BMPs to be used at the site include bioretention strips and bioswales. BMP design was deemed a project priority due to emphasis of design -build process to minimize environmental impacts. Senior Engineer, Durfee Avenue Grade Separation, Pico Rivera, CA, Alameda Corridor — East Construction Authority (ACE), 2012 - Present: Responsible for drainage design in support of grade separation at Durfee Avenue. The purpose of the grade separation project is to alleviate the current and potential traffic impacts and hazards posed by the existing at -grade rail crossing. Task involved hydrology and hydraulic analysis of existing and proposed storm drain system. Proposed storm drain improvements included re- alignment of existing storm drain and a new pump station. 25F -77 Project Engineer, Investigation and Characterization of Alluvial Borrow for the Diamond Valley Lake, (Riverside County), CA, County of Riverside: Responsible for the investigation of over 50 million cubic yards of alluvial borrow material for three earthcore rockfill dams. Oversaw the field drilling and sampling program, as well as the laboratory testing program. Staff Engineer, Design and Construction of Day Dam, San Bernardino County, CA: Participated in the geotechnical investigation for the design of the embankment dam. Also participated in test fills and material testing during construction. 25F -78 Michael G. Smith, P.E., G.E. Geotechnical Engineer Overview Mr. Smith has over 29 years of experience in geotechnical, foundation, dams, and earthquake engineering. His experience includes a wide range of projects including reservoirs, dams, power plants, pipelines, airports, Caltrans projects, commercial developments, and municipal buildings. Project Specific Experience Lead Geotechnical Engineer, SR -91 Design - Build, Corona, CA, Areas of Expertise Riverside County Transportation Commission, 2012 -2014, $627M: Geotechnical, Foundation Engineering The project includes 12 miles of freeway widening to convert one HOV Dams, and Earthquake Engineering Lanes in each direction into two Toll Express Lanes and includes 32 Years of Experience bridges, traffic design, geotechnical investigations, soundwall design, utility relocations, and drainage and water quality design. Mr. Smith is the With URS: 29 Years geotechnical design lead. With Other Firms: 1 Year Education Lead Geotechnical Engineer, I -15/I -215 Interchange (Devote) Design - Build, San Bernardino County CA, Caltrans, 2012 -2013, MS /Geotechnical Engineering /1986/ $208M: A complete reconfiguration of the interchange to provide route University of California, Berkeley continuity and truck bypass lanes for I45 traffic. BS /Civil Engineering /1984 /University of California, Berkeley Geotechnical Task Manager, I -710 Corridor, (Los Angeles County), CA, County of Los Angeles: Preparing geotechnical information Registration /Certification reports, materials reports and preliminary geotechnical reports for over 80 1987 /Professional Civil Engineer /CA/ bridges along the study corridor. C42978 1993 /Professional Geotechnical Geotechnical Task Order Manager, SR -215 Soundwalis and Engineer /CA/2229 Retaining Walls, Grand Terrace, CA, Caltrans District 8: Responsible for performing a geotechnical investigation and preparing a foundation report for Caltrans District 8 for 710 meters of soundwalls and 150 meters of soundwalls on retaining walls along SR -215. Project Manager, Geotechnical Investigation for Two Grade Separation Projects, Pomona, CA, City of Pomona: The projects involved lowering East End Avenue and Reservoir Street to pass beneath two heavily used railroad tracks and city streets. Dual -span bridges will support the railroad tracks, and a separate single -span bridge will support the street. Project Engineer, Investigation and Characterization of Alluvial Borrow for the Diamond Valley Lake, (Riverside County), CA, County of Riverside: Responsible for the investigation of over 50 million cubic yards of alluvial borrow material for three earthcore rockfill dams. Oversaw the field drilling and sampling program, as well as the laboratory testing program. Staff Engineer, Design and Construction of Day Dam, San Bernardino County, CA: Participated in the geotechnical investigation for the design of the embankment dam. Also participated in test fills and material testing during construction. 25F -78 Michael G. Smith, P.E., G.E. Project Engineer, Cajalco Creek Dam and Detention Basin, Riverside County, CA: Prepared alternative designs for mitigating dewatering problems during the construction of the 46 -foot high earthfill embankment. Prepared draft specifications and drawings for stone column foundation improvement and soil- bentonite and cement - bentonite cutoff wall alternatives. Project Engineer, San Joaquin Dam Monitoring and Inspection, Irvine, CA, Irvine Ranch Water District: Performed safety inspections of the San Joaquin Dam and Reservoir in the company of the DSOD inspector. The dam is a 224 -foot high, zoned earth- rockfill embankment with a crest length of 873 feet. Project Geotechnical Engineer, Flow Control Facility and Zone 3 to 4 Booster Pump Station, Irvine, CA, IRWD: Performed a geotechnical investigation for the flow control facility and booster pump station. The investigation consisted of soil borings, geotechnical laboratory testing, foundation recommendations and geotechnical report. 25F -79 Areas of Expertise Civil Engineering Climate Change Adaptation Drainage Design Environmental Engineering Green Infrastructure /LID Hydrologic and Hydraulic Analysis _ _ _ Stormwater_Quality Management Stormwater Permitting Sustainability Rating Systems Total Water Management Planning Water /Wastewater Treatment Years of Experience With URS: 1.5 Years With Other Firms: 6 Years Education MS /Civil and Environmental Engineering /2009 /Stanford University BS /Civil Engineering /2007/ Northeastern University BS /Env ronrnental Geology /2007/ Northeastern University Registration /Certifi cat! on 2011 /Professional Engineer in Civil Engineering /CA/ C77953 2012 /LEED ®Accredited Professional with a Neighborhood Development specialty/ 10492874 -AP -ND 2013 /National Council of Examiners for Engineering and Surveying Record, Model Law Engineer/ 52195 2013 /Envision"m Sustainability Professional 2014 /Qualified Storm Water Pollution Prevention Plan Developer/ Practitioner/CA/24821 Nathan Chase, P.E., LEED° A.P. N.D., ENV. S.P., Q.S.D. Civil Engineer Overview Mt. Chase is a registered Civil Engineer with over seven years of experience in civil and environmental engineering, design, and planning for water, wastewater, and stormwater projects. He has performed technical design and planning on a wide range of projects including reservoirs, detention basins, pump stations, drinking water wells, blackwater and graywater treatment, rainwater harvesting, stormwater management, bridge /highway /rail /site drainage, site development, hydraulic & hydrologic modeling, LEEDO ccrtification, and climate change adaptation. He is experienced in specialized software applications, including Autodesk (AutoCAD, Civil 3D, Storm and Sanitary Analysis, Hydraflow Storm Sewers), Bentley (MicroStation, F1owMaster, InRoads, PondPack), Esri (ArcGIS and AreHydro), US Army Corps of Engineers (HEC -RAS, GeoRAS, HEC -HMS, GeoIIMS), and Microsoft (Office Suite and Project). Project- Specific Experience Project Engineer, Shadow Rock Detention Basin Urban Water Recovery, Rancho Santa Margarita, CA, Trabuco Canyon Water District, 2013 -2014, $402K: Responsible for performing hydrologic and hydraulic analyses for the tributary watersheds to Shadow Rock Detention Basin for the 2 -year and 100 -year return period design storms using the Advanced Engineering Software package (AES). The analyses included watershed delineation, rational method modeling, hydrograph development, and basin routing of the selected design storms. Also responsible for pump selection calculations and design for a low flow 80 gpm pump and a high flow 215 gpm pump to convey water from the detention basin to a reservoir in the District's reclaimed water supply system. Project Engineer, Orange Park Acres Well No. 1 Wellhead Facilities, Orange, CA, Irvine Ranch Water District, 2013 -2014, $5.2M: Responsible for site civil engineering, pump selection and design for a 2,000 gpm groundwater well, booster pump, and chloramine disinfection facility that will supply treated groundwater to the Orange Park Acres service area to meet domestic water demands. The pump building and calculations were designed to accommodate a future doubling of the production capacity to 4,000 gpm upon addition of a second supply well. Developed engineers estimate of probable costs. Prepared permitting documents and coordinated to obtain approvals from Orange City Fife Department and City of Orange Water Department. Project Engineer, Ttampas Lake Reservoir and Dam, Orange County, CA, Rancho Mission Viejo, 2013 -2014, $51M: Responsible for preparing plans, reports, design calculations, and construction cost estimates for converting an existing tailings storage dam to a recycled S:A] UtKr.fNGAQ, of Sunm Anx Ddhi Di.eulaaAResume \FaiennttedA07 Chnsq Mflun CityofSanmdnaDelhiU'mevsion.d- 25F-80 1 Nathan Chase, P.E., LEED® A.P. N.D., ENV. S.P., Q.S.D. water reservoir for Rancho Mission Viejo that would connect to Santa Margarita Water District's infrastructure, including the Chiquita Water Reclamation Plant. Coordinated field investigations and interdisciplinary design groups to develop conceptual design alternatives for 3,000 acre - feet and 5,000 acre -feet reservoir options, including associated improvements to the existing dam and site. Project Engineer, Durfee Avenue Grade Separation, Pico Rivera, CA, Alameda Corridor -East Construction Authority, 2013 -2014, $73.6M: Responsible for preparing the Standard Urban Stormwater Mitigation Plan (SUSMP) for the grade separation project at the junction of Durfee Avenue and the Union Pacific Railroad in the City of Pico Rivera, Los Angeles County. Designed stormwater best management practices (BMPs), including a dry detention basin using Autodesk AutoCAD Civil 3D. Project Engineer, Transfer Station Cover Structure and Site Improvements, Inglewood, CA, City of Inglewood Public Works, 2014: Responsible for site civil design and stormwater permitting to obtain a no exposure certification from the State Water Quality Board via retrofits at an open -air waste transfer station in the City of Inglewood. Coordinated a multidisciplinary design team, including architecture, structural engineering, electrical engineering, solar energy design, sustainability / LEED® design, and cost estimating. Led coordination efforts with City departments, including Buildings, Planning, and Public Works. Project Engineer, BNSF /UPRR Mojave Subdivision Tehachapi Rail Improvement, Fern County, CA, Union Pacific Railroad, 2014: Responsible for preparing the Project Registration Documents and construction general permit SWPPP for two rail segments, including a 0.37 -mile siding extension and a 1.01 -mile addition of a second track. Project Engineer, Orange County Great Park, Irvine, CA, City of Irvine, 2014: Responsible for updating the master construction general permit SWPPP for the Orange County Great Park and overseeing its implementation, including conducting quarterly stormwater inspections. Project Engineer, Northam Station Storm Water Pollution Prevention Plan, La Mirada, CA, Chevron Environmental Management Company, 2013 -2014: Responsible for preparing and implementing the Project Registration Documents and construction general permit SWPPP for structure demolition, underground pipeline and utility removals, soil remedial actions, excavations, and backfill, compaction, and grading phases of work at a 23 -acre former crude oil and hydrocarbon fuel storage and pumping station. Conducted weekly site inspections and storm event inspections, communicating required follow - up actions to the contractor and owner. 25F -81 Lead Project Engineer, Hydraulic and Hydrology Analysis for C -44 Reservoir /STA, Martin County, FL, County of Martin: Responsible for C -44 Reservoir and Storm Water Treatment Area project system hydraulic analysis. C -44 Reservoir and Storm Water Treatment Area project located on approximately 12,000 acres of land located in southern Martin County. The project supports the goals and objectives of Comprehensive Everglades Restoration Plan. The overall plan calls for the implementation of more than sixty projects over a period of thirty years and will cost an estimated 10.9 billion dollars. The project will capture excess surface water runoff that flows to the Atlantic Ocean and Gulf of Mexico and re- directing it to a series of impoundments for storage and treatment. Duties included leading the system hydraulic and hydrology analysis during the 30 %, 60% and 90% design. Served as process engineer and designed all hydraulic components including spillway, pump station, intake and other hydraulic structures. Hydrauhc /hydrology model was completed using EPA SWMM 5.0. 25F -82 Joseph Zhao, PhD, P.E. Civil Engineering Overview Dr. Zhao has extensive experience in hydraulic and hydrology modeling in particular in areas of watershed hydraulic and hydrology study, drinking water and sewer master plan, water distribution system and wastewater collection system modeling and transient analysis and system hydraulic evaluation and optimization for water and wastewater treatment plant. He is currently a member in AW WA Water Distribution System Standard committee. Joseph is proficient in following modeling programs including Areas of Expertise EPA SWMM, FLO -21), HEC -RAS, Bentley, MWH, DHI, KYPipe and Advanced Water Treatment EPANET. Technology H &H Modeling Project Specific Experience Years of Experience Project Engineer, Westminster Watershed Feasibility Study and Integrated EA /EIR, Orange County, CA, USACE Los Angeles With URS: >5 Years District- Planning Division: Provided hydraulic and flood routing With Other Firms: 13 Years analyses for the expanded project study area of approximately 23.6 square Education miles including Haster Basin, the tributary areas upstream of Haster Basin; PhD /2004 /Environmental the lower reaches of the CO2 Channel System downstream of the Engineering /University of Central confluence point of CO2/C04 and the Outer Bolsa Bay from Warner Florida Avenue to the Tidal Gates located at the Terminus of C05. Performed MS /1997 /Environmental floodplain analyses using HEC -RAS and FLO -21) for varying storm - Engineering /Tongji University events as prescribed by the USAGE. Hydraulic and hydrology evaluation BS /1994 /Environmental Engineering/ focused on various storm -water events from 5 to 500 -year return period, Tongji University and their impacts along the channel right of ways, and potential downstream effects to Bolsa Bay, resulting from increased volumes and Registration /Certification velocity of storm water. FLO -2D model was developed using the GDS to Professional Engineer /FL/63109 process the DEM, a 300- by 300 -ft and a 100- by I00 -ft grid element Professional Engineer /CA/79329 systems were developed for the study area. The model included elements including storm water retention ponds, pump stations, channel, bridges, box culverts, overflow weir and tidal gates. Lead Project Engineer, Hydraulic and Hydrology Analysis for C -44 Reservoir /STA, Martin County, FL, County of Martin: Responsible for C -44 Reservoir and Storm Water Treatment Area project system hydraulic analysis. C -44 Reservoir and Storm Water Treatment Area project located on approximately 12,000 acres of land located in southern Martin County. The project supports the goals and objectives of Comprehensive Everglades Restoration Plan. The overall plan calls for the implementation of more than sixty projects over a period of thirty years and will cost an estimated 10.9 billion dollars. The project will capture excess surface water runoff that flows to the Atlantic Ocean and Gulf of Mexico and re- directing it to a series of impoundments for storage and treatment. Duties included leading the system hydraulic and hydrology analysis during the 30 %, 60% and 90% design. Served as process engineer and designed all hydraulic components including spillway, pump station, intake and other hydraulic structures. Hydrauhc /hydrology model was completed using EPA SWMM 5.0. 25F -82 Joseph Zhao, PhD, P.E. Long Beach Generation Station Wastewater Treatment Plant, Long Beach, CA, 2012 -2013, $1M: Responsible for the 1.2 mgd wastewater treatment plant improvement projects at LBGS, including new VFD forwarding pump station, addition of 40,OOO1b granular activated carbon and 3,000 gallon ion exchange system. Following completion of hydraulics and process evaluation and preliminary design report, completed 30 %, 90 %, 100% design, permitting and then bid. Project is currently under construction. Project Engineer, Design Engineering Services for the Treatment Plant Optimization of the Horace P. HincIdey Water Treatment Plant, Redlands, CA, 2012,$12M: Prepared 90% and 100% plan, specification and bid package. The project is to expand the existing treatment processes at Hinckley from 10 mgd capacity to 14.5 mgd. Lead Project Engineer, Water Master Plan Update and Water Distribution System Modeling, Redlands, CA, City of Redlands: Responsible for development of water distribution system hydraulic modeling for City of Redlands's complex water system, including extensive model dynamic calibration and simulation of water quality and blending for different and sources and pressure zones. Lead Project Engineer, Water Distribution System Modeling and IDSE Study, Tiffin, OH, City of Tiffin: Responsible for performing IDSE study for City of Tiffin water distribution system. Calibrated the hydraulic model and performed EPS water quality simulation. Successfully submitted EPA IDSE filing. Project Engineer, Hydraulic Model Update of Pier G, Long Beach, CA, Port of Long Beach (POLB): Responsible for the Port of Long Beach Pier G Development hydraulic modeling. Modeling efforts included demand analysis and allocation for the average day demand, maximum day demand, peak hour demand and fire flow analysis. Lead Project Engineer, Hydraulic Modeling and System Evaluation for City of Norfolk, VA: Responsible for performing hydraulic modeling and pumping schedule optimization at the two treatment plants and the two ground storage tanks with associated pump stations and two elevated water storage tanks. Hydraulic modeling analysis included WTP, tank operation and master meter SCADA data analysis, Extended Period Simulation and multiple scenario comparison. Lead Project Engineer, Alternative Water Supply Study, Hydraulic Modeling, Bay County, FL, Bay County: Responsible for performing surge and hydraulic analysis using Bentley's Hammer and WaterGEMS program. 25F -83 25F -84 Jennifer Ziv Environmental Overview Ms. Ziv is a Senior Environmental Planner with over 24 years of experience in environmental consulting, specializing in planning, environmental impact analysis and California Environmental Quality Act (CEQA) documentation for public and private sector clients in Southern California, with an specialty in water resource - related projects. She also has experience in Clean Water Act Section 404 and 401 compliance and NPDES stormwater permit compliance. Areas of Expertise CEQA /NEPA Documentation Project Specific Experience Clean Water Act Compliance Project Manager, Mitigated Negative Declaration (MND) Rose and NPDES Storm Water Permitting Lang Wells Water Treatment Facilities Upgrade, Trabuco Canyon Watershed Planning Water District, Orange County, CA: Managed preparation of the Years of Experience CEQA MND for water treatment facility upgrades for two District - owned groundwater wells. Additional treatment was required by Calif. With URS: 16 Years Dept. of Public Health (DPH) to meet requirements of EPA's Surface With Other Firms: 8 Years Water Treatment Rule. Environmental analysis focused on biological Education resources of adjacent'rrabuco Creek, visual effects to surrounding land MS /Water Resource Management/ uses, and construction traffic and noise impacts. The MND met all DPH 1992 /University of Wisconsin, requirements, including NEPA -like analysis for federal issues, which Madison helped the District secure loans to construct the project. BA /Environmental Science /1986/ Project Manager, Orange County Great Park, (OCGP), On -Call University of California, Berkeley Environmental Services - Irvine, CA: Providing environmental and planning support services to the OCGP /City of Irvine staff on regulatory permitting, environmental remediation reviews, and compliance issues including third party CEQA reviews; EIR mitigation monitoring and regulatory permit compliance tracking, and technical support related to OCGP's Clean Water Act Section 404 perniits, 401 water quality certifications, and California Fish and Game Code Section 1600 strearnbed alteration agreements and Habitat Mitigation Monitoring Plan for the Agin, Chinon Creels Corridor. Project Manager, Sexlinger Farmhouse and Orchard Residential Development. City of Santa Ana Planning Department. Santa Ana, CA: URS prepared a focused FIR for a proposed single - family residential subdivision located on a property with historically significant cultural resources in Santa Ana. URS worked with the City to analyze a range of project alternatives to help address community concerns over preservation of the historic resources. For the Final EIR, Ms. Ziv and the URS team worked with the City to prepare and respond with concise and accurate responses to public comments utilizing URS' in -house experts on Cultural Resources. A historical preservation alternative that reduced significant impacts was adopted by the City Council, and the Final EIR was certified in March 2014. Project Manager, Third Party Review for EIR Irvine GPA /ZC for PA17 and 33, City of Irvine Community Planning Department 25F -84 Jennifer Ziv Irvine, CA: Provided thud parry review of the FIR for the Irvine Company's proposed 1,660,000 square foot office campus development project requiring a density transfer from PA 33 to PA 17 in the City of Irvine. Major issues include traffic and access, air quality, views /aesthetics. Project Manager, San Diego Creek Watershed Special Area Management Plan (SAMP) Programmatic EIS /EIR, (Orange County), CA, U.S. Army Corps of Engineers - Los Angeles District Regulatory Division: Under the direction of the Corps of Engineers and Calif. Dept. of Fish and Wildlife for preparation of the Programmatic EIR /EIS for the San Diego Creek Watershed SAMP and Water Streambed Alteration Agreement (WSAA) Process. The SAMP /WSAA is watershed- specific permit program for regulated discharges into Waters of the US and State under Clean Water Act Section 404 and California Department of Fish and Game Code Section 1600 et seq. The SAMP also includes a Strategic Mitigation Plan and Mitigation Coordination Program that will comprehensively help restore and improve ecosystem integrity in the watershed overall. Participating applicants included The Irvine Company, County of Orange, City of Irvine, Irvine Ranch Water District. Project Manager, MND for Drainage Area Management Plan (DAMP), (Orange County), CA, County of Orange Planning Development Services: Responsible for County of Orange, Planning Development Services Department to prepare a Negative Declaration on the County's 2003 DAMP in accordance with CEQA. Assistant Project Manager, Wetlands Water Supply Project EIR, (Orange County), CA, Irvine Ranch Water District: Managed preparation of Wetlands Water Supply Project EIR. Project involved the use of a wetland pond system for the advanced treatment of 5 million gallons per day of reclaimed water from IRWD's Michelson Water Reclamation Plant Under an NPDES permit, the treated wastewater would be discharged to San Diego Creek after final nitrogen removal in the ponds. Major environmental issues included water quality and biological resource protection of San Diego Creek and Newport Bay. Assistant Project Manager, MND for Alamitos Barrier Reclaimed Water Project, (Los Angeles County), CA, Water Replenishment District of Southern California: Managed the preparation of the MND. Project involved the substitution of tertiary- treated reclaimed water for potable water for injection into the Alamitos Barrier project to prevent seawater intrusion of the groundwater basin. Study focused on effects of brine discharge to water quality and biological resources of the San Gabriel River and water quality effects of the reclaimed water on the local groundwater basins. Technical /Regulatory Support - Water Management Plan (WMP), OCGP, Irvine, CA: Provided regulatory support on storm water permit compliance issues and water quality analysis support to URS' lead engineer to prepare a WMP for build -out of the Great Park. The WMP addresses storm water storage and reuse of Park storm water runoff to comply with the municipal storm water permit requirements for low impact development (LID) and help reduce Park costs for irrigation. 25F -85 Mr. del Castillo has over 47 years of experience in managing both field and office operations for all phases of surveying and mapping services. He has managed 30 "On -Call' contracts directly for the support of many federal, state, and local agencies. These contracts include the Counties of Los Angeles and Orange, the U.S. Forest Service, various U,S. Army Corps of Engineer Districts, the U.S. Navy - Southwest Division, and the Los Angeles County Metropolitan Water District (MWD). He has a "hands -on" working knowledge of various land surveying services, including Right -of -Way and boundary surveys and analysis, GPS surveys, topographic surveys, utility location surveys, large -scale aerial, and geodetic control and monitoring quantities. While working directly for the County of Orange, Mr. del Castillo was responsible for all boundary surveys, first order / second order vertical and horizontal control surveys, photogrammetric mapping, control surveys and centerline surveys. 1QX q1;;1 IH? Central Basin Municipal Water District - 2002 to 2007, as Survey Manager. Work consisted of Construction surveys, topographic surveys, aerial mapping, boundary surveys, legal descriptions and plats. Projects sites were: Central Basin Water Quality Priority Plan, Central Basin Waterline, Raw Water Collector Pipeline, Vernon Booster Pump Station, Hollydale Pump Station and Cal State University Dominguez Hills. Projects were completed on -time and within budget. Reference: Veronica Govea, CBMWD, 62652 Telegraph Rd, Commerce, CA 90040, (323) 201 -5500, veronica awcbwater.org. $45K in Project Fees. City of Los Angeles Department of Public Works, Echo Park Lake Rehabilitation Project - 2008, as Survey Manager. Work consisted of control point survey, aerial photogrammetric mapping, topographic survey of the entire park area, bathymetric survey of the lake bottom, Right -of -Way mapping, locate plume monitoring wells, review Preliminary Title Reports and plot easements, Work performed under Black & Veatch for the City of Los Angeles. $141 K in fees. Reference: Michelle Ma, PE, Black & Veatch Corp, (213) 312 -3348, fax (213) 312 -3399, mamm@bv.com. City of Los Angeles Department of Public Works Penmar Water Quality Improvement Project - 2008, as Survey Manger. Work consisted of a topographic, boundary survey, GPS, digital levels, and ALTA survey. $72K in fees. Reference: Scott Dellinger, PE, Brown & Caldwell, (213) 271 -2300, fax (213) 271- 2320, sdellingerna,brwncald.com. COAST SURVEYING, INC. Ruel del Castillo 25F -86 Metropolitan Water District of Southern California - 2004 to 2008, as Survey Manager. On -Call Surveying and Mapping Services Contract. Work consisted of: boundary surveys, topographic surveys, Record of Surveys, monument preservation, control surveys, and review of title reports. Project was completed on -time and within budget. 29 separate Tasks Orders were performed for Pushawalla #1 and 2, Eagle Mtn, Copper Basin, Iron Mtn, Gene Camp, Vidal Jct, West of Needles, Needles - Parker #1, 2, 3, and 4, Needles Boulder #1 and 2, Nevada Boulder #1, 2, 3, 4, 5, and 6, Big Morongo Aggregate, Orange Park Acres, South Gate, Soto St, Merrimac Dr, Chamber Wells Rd, Twin Lode Aggregate, Review Title Policies, and Road Encroachment. Reference: Michael Duffy, PLS, Team Manager of Survey Mapping, MWD, 700 Moreno Ave, La Verne, CA 91750, (909) 392 -2539, mduffy�@mwdh2O.com. $975K in Project Fees, Yorba Linda Water District - 2008 to 2009, as Survey Manager. On -Call Surveying and Mapping Services Contract. Work consisted of: Construction surveys, topographic surveys, boundary surveys, legal descriptions and plats. 4 separate Tasks Orders were performed at: Highland Reservoir, Highland Booster Pump Station, Hidden Hills Reservoir and Savi Ranch Annexation. Project was completed on -time and within budget. Reference: Steve Conklin, YLWD, 913 S. Richfield Rd, Placentia, CA 92870, (714) 701 -3106, sconklin(@.ylwd.com. $21K in Project Fees. Moulton Niguel Water District: 2008 to 2010, as Survey Manger. On -Call Surveying and Mapping Services Contract. Work consisted of: Aerial mapping, boundary surveys, legal descriptions and plats. 3 separate Task Orders were performed at: Rancho Reservoir, Mission Viejo Country Club and La Paz Reservoir. Tasks were completed on -time and within budget. Reference: Matt Collings, Moulton Niguel Water District, 26161 Gordon Road, Laguna Hills, CA 92653, (949) 425 -3552, mcollings(u7mnwd.com. $14K in Project Fees. City of Lake Forest - Alton Parkway Commercentre to Town Center Project through AECOM - 2011, as Survey Manager. Work consists of As- Needed Construction Management Survey Support Services. This includes surveying, computing all final construction quantities for mass grading, check line and grade staking of critical items. Reference: Regina Talamantez, AECOM, (714) 567 -2414, fax (714) 689 -7349, Reg in a.Talamantez @aecom.com. COAST SURVEYING, INC. Ruel del Castillo 2 25F -87 Areas of Expertise Steel Concrete Wood Masonry Buildings Industrial Structures Tanks and Tank Foundations Support Systems for Vessels and Equipment Building Design Analysis (Occupancy and Access) Hazardous Occupancy Design Permitting Years of Experience With URS: <1 Year With Other Firms: 20 Years Education BS /Architectural Engineering/ 1988/ University of Colorado Registration /Certification Professional Civil Engineer /CA/50171 Professional Civil Engineer /TX/ 101622 Professional Civil Engineer /NV/ 12411 Professional Civil Engineer /MO/ 30411 Timothy Gutkowski, P.E. Structural Engineering Overview Mr. Gutkowski has more than 20 years of civil /structural design experience that includes industrial, commercial, environmental and civil site development projects. Tim has spent the last fifteen years in the roles of lead engineer and civil /structural department manager. Past projects have included work on waste water separation systems for industrial facilities and commercial site developments. Certain projects have included design and permitting of storm water connections to major storm water conduits in the Los Angeles basin. Tim also has extensive experience related to the design of building structures: steel flame, concrete, and other building types. His past experience includes work on projects requiring compliance with regulatory agencies. Previous permitting experience includes work with Los Angeles and Orange County Flood Control Districts, Cities of Newport Beach, Costa Mesa and Santa Ana and the Regional Water Control Board. Project Specific Experience Civil Lead, Storm Water /Process Water Segregation System, Los Angeles, CA, ConocoPhillips Lube Oil Production Facility, 1996: Responsible for the design of the storm water management system at the Conoco /Phillips Lube Oil Processing facility. The Unocal site is provided with drain systems designed to handle both process wastes and storm water. Over time the process and storm water drain systems had been interconnected. Only one separator was provided for both waste streams which discharged to the County of LA storm collection facilities. The objective of the project was to determine where the systems were interconnected and segregate the waste streams into two independent systems. The existiig separator was repurposed for process water separation and the discharge connected to the LACSD facilities. Storm water from the site was segregated and processed through a new storm water separator. Civil Lead, Equipment Storage Area: SCE ROW Adjacent to Peters Canyon Creek, Irvine, CA, Waste Management, 1998: Responsible design of paved parking area in the SCE ROW along on the west side of Peters Canyon Creek. Engineering design included storm drain discharge to the flood control channel requiring review and approval from Orange County Flood Control District. Project plans included a hydrology study and design for storm drain connections to Peters Canyon Creek. Civil/ Structural Lead, Bus Maintenance Yard, Los Angeles, CA, UCLA, 2003: Providing civil /structural engineering design for site development plans. Scope of work included a 30' high 600 sf metal canopy over the truck maintenance area and site improvement plans for a wash down pad and parking /drive areas. As part of the scope a r•• Timothy Gutkowski, P.E. storm /process water management plan for the facility was provided along with the design for an oil water collection and separation system. Civil Lead, Maintenance Facility OSBL Utilities, Los Angeles, CA, Valero Refinery, 2009: Responsible for the design of utilities outside the battery limits of a new 6000 s£ maintenance facility. The new utilities included a sewer line extension and a storm water collection system. Design of the storm water system required calculation of storm runoff quantities and sizing of a proposed lift station. The sewer design required confirmation that the existing sewer capacity was adequate for existing and proposed sewer flows. Scope of work also included permitting activities for the site improvement plans through the City of Los Angeles. Civil /Structural Lead, QA Laboratory OSBL Utilities, Torrance, CA, Exxon Mobil Refinery, 2010: Responsible for the OSBL grading and utilities for a new 8000sf QA Laboratory facility at the Exxon Mobil Refinery. Engineering activities included grading of the areas around the building and coordination of all utilities to the building. Interior drains for the lab were segregated into two systems, one for sanitary wastes and the other for process wastes from lab sinks. The design included a below grade concrete vault housing two small tanks for the collection of process waste. These wastes are pumped from the tanks through above grade piping to an existing waste line about 500' away. All process waste from the refinery discharge to LACSC facilities and a study of the refinery drain systems was completed as part of the permit effort required by LACSD. The study provided details of all process waste piping within the refinery that discharge to the LACSD outfall. 25F -89 25F -90 Richard Joe Electrical Engineering Overview Mr. Joe is an electrical engineer more than 35 years of experience in electrical planning, design, specifications, testing, troubleshooting, and resolving electrical system faults. Twenty five of those years were focused on the interface of materials handling equipment with suitable electric power and the interaction of the machines with facility infrastructure. Materials handling equipment included ship to shore (quayside) container cranes, lmdside stacking cranes, conveyors used to move containerize Areas of Expertise cargo, break bulk, loose bulk, and machines that is used to move cargo. Specialized Container Handling Cranes His involvement also included vertical -lift bridges and elevators. Electric Power, Control Systems, and He has worked with the Port of Los Angeles (POLA) for 27 years on Electronic Sensors various container cranes and material handling machines and their Crane Power Systems for Maximum interface with wharves and electric utilities. He began his career with Utility Electric Power Source POLA working directly with crane drives with POLA electricians and Power Quality Analysis machinists performing design, troubleshooting faults, and implementing Railroad Signalization modifications. Eventually, crane ownership evolved away from the Port Years of Experience of Los Angeles to the shipping companies. I-Ie continued to provide With URS: <1 Year service to POLA and the slipping companies engaging in review of crane With Other Firms: 37 Years design and performance and quality specifications. Education He also has experience in co- generation, electric plan review, electric BS /Electronics Engineering /1976/ component testing, and as a marine electrician in the U.S. Navy. As a lead California State Polytechnic University electrician he was involved with electric power generation and Graduate Courses /Electrical distribution. Engineering and Economics /1977/ Project Specific Experience California State University, Los Angeles Project Manager, Modification of Quayside Container Cranes, San Pedro, CA, Port of Los Angeles (POLA): Coordinating the installation of quayside container cranes for proper and safe interface of cranes with the wharf structure and balancing crane power needs with available utility electric power without over providing electrical capacity. Port Electrical Engineer, Technical and Advisory Services, San Pedro, CA, Port of Los Angeles (POLA): Provided advisory and technical services to POLA terminal operators for the alteration of diesel engine powered stacking cranes to alternative electric utility power under testing conditions monitoring $L2M to $2M planning, design, developing specifications, and implementation of additional $2M infrastructure planning, design and the construction phase. Further tasks include the coordination of the machines to prevent machine collisions and ability for the machines to avoid overlap. Port Electrical Engineer, Design and Specifications to Replace and Upgrade outdated DC Variable Speed Drives, San Pedro, CA, Port of Los Angeles (POLA): Provided design and specifications to replace and upgrade outdated DC variable speed drives on quayside container cranes to AC variable speed drives, upgrade controls and communication interface. 25F -90 Richard Joe Consultant, Container- Handling Cranes Support and Training, San Pedro, CA, Port of Los Angeles (POLA): Provide specialized support and training to Port of Los Angeles Engineering staff related to container handling cranes and other materials- handling machines, including rubber tire gantry cranes, rail- mounted gantry cranes, automatic stacking cranes, passenger gangways, conveyor systems, lift bridges, et al. Responsibilities included: Design and review electric power, control systems, and electronic sensors; Review suitable interface between mechanical equipment and power systems; Find and resolve crane system faults; Modify container cranes for break bulk operations; Review lift bridge adjustable variable speed drive system and integrate electronic sensors for bridge positioning; Design and review crane power system for adequate and most efficient utility electric power source. Provide mentoring, training, coordinate structural, mechanical, and electrical engineer reviews of systems on ship to shore cranes and other material handling machines, RR bridge, and electromechanical machines and equipment used to move bulk, break bulk, and container cargo; and Integrate crane structure to marine wharf structure for capacity and seismic loads, electric utilities, data and voice communications, and machine and power diagnostic systems. (While working for another firm.) Building Electrical Engineer Associate IV, Project Management/ Economic Costs and Value Engineering, San Pedro, CA, Port of Los Angeles (POLA): Provide project management and evaluate economic costs and value engineering. AmoCad design, review, troubleshoot, and construct the following controls and systems: Coordinate and direct review of container shipping company design, specification, performance, and capacity for dockside gantry crane structural design, mechanical system, electric power system, instrumentation and control system, diagnostics, and communications systems, and to recognize various crane manufacturer design methods; Design 600 VAC to 15 IN electric power system distribution, with electrical protection, and coordination of protection components; Design communication and control systems; Design fire alarm, life safety systems; Design distributive control systems; Design traffic signal systems; Electric metering; Design sewage lift station pump and controls; Identify and design for appropriate needs for an electrical system in a potentially hazardous explosive environment; Railroad signalization; Power quality analysis; and Interior and exterior area lighting design, and monitoring. (While working for another firm.) 25F -91 2020 East. First Street, Suite 400, Santa Ana, California 92705 www.urs.com 25F -92 ee g�g55 t fi 0 25F -93 a i 25F -93 25F -94 REQUEST FOR PROPOSALS (RFP) FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT (FLOOD CHANNEL LOW FLOW AND TRASH DIVERSION) RFP NO: 14 -069 CITY OF SANTA ANA Santa Ana Public Works Department 20 Civic Center Plaza Santa Ana, CA 92701 Tyrone Chesanek Principal Civil Engineer Email: tchesanek(d )Santa- ana.org Phone: (714) 647 -5045 Approved for Release: Fred Mousavipour Executive Director Public Works Agency City of 4 14 -069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 NOTICE INVITING PROPOSALS Proposals in response to this Request for Proposals (RFP) will be accepted until 2:00 pm on Thursday, November 13, 2014. Proposals received after this date and time will not be considered. All notifications, updates and addenda will be posted on the City's RFP Bid page at santa- ana.org /bids -rips. The proposing Firm shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. Questions regarding this RFP shall be made in writing via e-mail to the Principal Civil Engineer as identified on the cover. A Mandatory Pre - Proposal Meeting is scheduled for 2:00 pm on Thursday, October 30, 2014 at the address where the proposals are due. Failure to attend may result in a determination of a nonresponsive proposal. A Kick -Off Meeting will be held after the award of this contract by the City Council. The Consultant selected and its team shall attend a mandatory meeting with City's staff to discuss project and schedule. A Notice to Proceed (NTP) will be issued at this meeting. The proposal package shall be enclosed in a sealed envelope and marked clearly with following information and formatted as follows: "SEALED PROPOSAL FOR RFP NO. 14 -069; DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Tyrone Chesanek Public Works Agency; 20 Civic Center Plaza; 3rd Floor, Ross Annex, Santa Ana, CA 92701 The proposal package may only be MAILED, HAND DELIVERED, OR COURIERED. ALL OTHER FORMS OF DELIVERY WILL NOT BE CONSIDERED. The FEE PROPOSAL shall be sealed in a separately envelope and shall be included within the proposal package. The City may require that DBE goals be applied for various tasks within this agreement and the Consultant selected shall be prepared to comply with such goals per the latest federal /state requirements. Also see: • hftp://www.dot.ca.gov/hq/LocaIPrograms/lam/forms/chapterl 011 Oi-2013-05-14.docx • http: / /www.dot.ca qov /hq /LocalPrograms /lam/ forms /chapterl0 /10i- 2013- 05- 14.docx The City will enter into an agreement to design and provide construction support for the Santa Ana Delhi Diversion Project, as a result of this RFP process, for a three year term with two one -year extensions. City CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 SUBMITTAL REQUIREMENTS 4 A. GENERAL 1. NUMBER OF COPIES AND SIGNATURE REQUIREMENTS 2.DEADLINE B. PROPOSAL CONTENTS 1. FIRM QUALIFICATIONS 2. PROPOSAL 3. FEE PROPOSAL 4. CERTIFICATIONS III. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION IV. SCHEDULE & CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT V. IMPLEMENTATION A. KICK -OFF MEETING B. NOTICE TO PROCEED VI. GENERAL CONDITIONS A. CITY RESPONSIBILITIES B. CONSULTANT RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE - PROPOSAL MEETING I. CITY RIGHT TO REJECT J. PUBLIC RECORDS Al. APPENDICES 10 ATTACHMENT A: SCOPE OF WORK 17 ATTACHMENT B: SAMPLE AGREEMENT ATTACHMENT C: NOT USED 27 ATTACHMENTS D -1, D -2, D -3, & D -4: CERTIFICATIONS 28 ATTACHMENT E: SAMPLE INSURANCE CERTIFICATE AND ADDITIONAL INSUREDS 33 ATTACHMENT F: PRELIMINARY DESIGN REPORT ADDENDUM NO. 2 34 City of zspa � 14 -069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 I. INTRODUCTION /PROJECT DESCRIPTION The City of Santa Ana is seeking engineering services for the design and construction support of the Santa Ana Delhi Diversion Project, as described in the Scope of Work included in Attachment A of the Appendix. The Scope of Work and the Work Plan shall become part of the Professional Services Agreement. A sample Agreement is shown in Attachment B of the Appendix. II. SUBMITTAL REQUIREMENTS A. GENERAL Number of Copies and Signature Requirements: five (5) hard copies and one (1) digital file PDF formatted file on a USB Flash Drive, shall be provided in all proposal submittals which shall also be specifically listed as and signed by a company official with the power to bind the company per the "Notice Inviting Proposals" and submit it to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted, as outlined herein this RFP. 2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. FIRM QUALIFICATIONS The Firm's qualifications, proposal, and work plan shall be limited to a MAXIMUM of thirty - five (35) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and attachments) and unless otherwise noted elsewhere. The page limitation includes all appendices, attachments, and supplemental information except as indicated in 3 below. a. Cover Letter — The proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. A statement that "the person signing this letter is legally authorized to bind the company with the Proposal, Work Plan, and Fee Proposal, together comprise each Firm's total submittal package for the on -call engineering services project" shall also be included. b. Contract Agreement Statement: The Proposal shall include a statement outlining the Firm's concurrence or concerns with any and all provisions as contained in the sample Professional Services Agreement. c. Firm and Team Experience: The Firm's qualifications shall include the profile of the Firm's experience. This information and key resumes shall be resubmitted for the Firm, sub - Consultants, and branches of all anticipated team members previously listed within the Firm's qualifications. City ofAKWP 14 -069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 d. Understanding of Need Statement: Proposals shall include a statement outlining the Firm's understanding of the Scope of Work, anticipated approach, suggestions or special concerns that the City should be made aware of, and any tasks considered necessary for successful completion. Any assumptions and /or exclusions used in preparation of the scope of work and associated fee estimate assumptions should be directly stated within the proposal. e. Schedule: Proposal shall include a timeline to complete the work for Firm's Work Plan listed in the Scope of Work. 2. PROPOSAL: The Team's Proposal and Work Plan shall be submitted concurrently (within the larger overall sealed package) clearly labeled as "Proposal." The Proposal shall respond to all items required in the Scope of Work. 3. FEE PROPOSAL Firm's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope (within the larger overall sealed package) clearly labeled as "Fee Proposal ". The Fee Proposal shall include a proposed fee per task for the Scope of Work per the Work Plan with associated personnel and hours anticipated to complete the work. The hourly rates shall also be included. The Fee Proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City shall select the Consultant based on qualifications; then review and negotiate the rates. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: Attachment D -1: Non - Collusion Affidavit Attachment D -2: Non - Lobbying Certification Attachment D -3: Department of Housing & Urban Development Section 3 Contract Clause Attachment D -4: Certification of Non - Discrimination by Consultants Ili. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The following criteria will be use to evaluate and rate the proposals: City CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 The City shall established a proposal review committee to evaluate each Firm's proposal based on the responsiveness to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the Firms. B. SELECTION The City will recommend award of the contract to the Firm who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interviews or further discussions. IV. SCHEDULE & CONTRACT AWARD At present, the City of Santa Ana anticipates the following RFP schedule and contract award as follows: Friday, October 17, 2014 Released RFP • Tuesday, December 16, 2014 Contract Kick -Off Estimated dates are subject to change and /or cancellation at the City's discretion. A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the Firm providing the best value to the City. B. EXECUTION OF AGREEMENT A sample Agreement is attached herein. "Firm" will hereinafter be referred to as "Consultant." The terms of the contract will begin after the contract agreement is fully executed, and all required bonds, insurance documents and contents of the Information Packet have been received and approved. -- _ -.. City Aj �a 6V 14-069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 V. IMPLEMENTATION A. KICK -OFF MEETING A kick -off meeting will be held within one week after the award of contract. The Consultant and its team shall meet with City of Santa Ana staff to conduct introductions, discuss scope of services, work plan, schedule, critical path, and establish milestones. B. NOTICE TO PROCEED At the kick -off meeting, a formal Notice to Proceed (NTP) will be issued to start the first phase of the work plan. VI. GENERAL CONDITIONS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to in the Scope of Work. B. FIRM RESPONSIBILITIES Point of Contact: The selected Firm will assume responsibilities for all services in its proposal. The selected Firm shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Firm may be requested to submit its most recent audited financial statement, evidencing Firm's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, Firm may include a letter of credit as evidence of supplemental capacity. Compliance With Requirements of Funding Agency: This contract will be funded through a variety of funding sources. Firm shall be prepared to comply and in fact comply with all requirements of these various funding sources. Consultant Audit and Review Process: Prior to awarding the contract, the selected Consultant Team shall be subject to an audit or review by Caltrans' Audits and Investigations (A &I), other state audit organizations, or the federal government. The selected Consultant shall complete Exhibit 10 -K — Consultant Certification of Costs and Financial Management System per http:// www .dot.ca.ciov /ha//LocalProarams /lam /forms /chapterl o /10k- 2014- 05- 16.docx . C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover paae to this RFP) no fewer than five (5) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's website, santa- ana.org /bids -rips as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. Firms are responsible to verify they comply with any addenda. E. LICENSES & PERMITS The selected Firm shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Firm will be responsible for obtaining any licenses /permits required by the Scope of Work or elsewhere in this RFP. F. INSURANCE The Selected Firm shall provide the required evidence of insurance coverage as set forth in this RFP and the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. G. PAYMENT INFORMATION PACKET The selected Firm shall return a completed payment information packet within ten (10) business days after the successful Firm has received notice that the contract has been awarded. The packet is available on the City's website: santa- ana.orq /bids -rfps. H. PRE - PROPOSAL MEETING The City does not plan on holding a Pre - Proposal meeting for this RFP. I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all sub - consultants. All sub - consultant(s) shall be identified in the response to the RFP. Sub - consultants shall be the City CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 responsibility of the successful Firm and the City shall assume no liability of such sub - consultants. J. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Firm information identified as proprietary information shall be maintained confidential to the extent allowed under the California Public Records Act. (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 APPENDIX ATTACHMENT A SCOPE OF WORK GENERAL The City of Santa Ana (The City) is soliciting proposals from professional consulting Firms to provide engineering services for the design and construction support of a diversion project for the Santa Ana Delhi Channel. Engineering services may include civil engineering, electrical engineering, traffic engineering, geotechnical, land /property surveying, structural, architecture, landscaping design, and grant writing services. The City anticipates the design process and award of the construction contract by June of 2016, with construction support needed over two dry seasons in the channel, which establishes three year term period for this agreement. The City may grant up to two one -year extensions, if needed. The work, in general, consists of the design of a diversion structure for the Santa Ana Delhi channel that will mitigate the associated TMDL's for that watershed including the pending TMDL for trash. The design shall include diverting the low flow to the sanitary sewer, a retention basin, and back into the channel. See Appendix Attachment F for the Preliminary Design Report Addendum No. 2 dated August 2014. The deliverables shall include the final conceptual design, which will be reviewed and approved by the funding partners; the design; environmental process, all permits, CEQA approval, easement and right -of -way agreements, final construction documents and construction support. The Consultant shall be able to assist the City through this contract to provide the necessary services. The Consultant shall utilize in -house staff and /or sub - Consultants to complete the assignments to meet the City standards. For specialized work for which the prime Consultant shall require a sub - Consultant, the prime Consultant shall serve as an administrative liaison between the City and the sub - Consultant. The prime Consultant mark -up for sub - Consultants shall not exceed 10 %. The proposal and work plan shall be limited to fifteen (15) pages, excluding the twenty (20) pages for the Firms qualifications. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to manage and perform the required tasks throughout the duration of the contract. A schedule of fees and charges described in the following section "Cost and Price" shall be included in the proposal. II. PROPOSED SCOPE OF SERVICES The Consultant shall perform the above noted engineering design services resulting in contract documents (plans, specifications and cost estimates) and construction support services for the Santa Ana Delhi Diversion Project. The Consultant shall provide a Work Plan which includes a detailed schedule of the project prior to the issuance of Notice to Proceed. Specific Task Orders with Notices to Proceed (NTPs) will be provided for the project at the discretion of the City. Work required per Task City CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 Order shall comply with the Scope of Services and additional provisions in each Task Order. The Consultant shall also provide all field survey work, as required, and shall have the necessary experience and required civil, traffic, electrical, structural, geotechnical, surveying, landscape architect and architectural licenses for those in responsible- charge of the work being completed. The Consultant's services for PS &E engineering project preparation shall include, but not be limited to, the following: Research existing records of utility companies and agencies and coordinate the proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. Design level survey and base mapping of the project site shall be prepared in US Customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in Microstation V8i Computer Aided Design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. All survey field notes shall be on forms provided by the City, shall be neatly completed in pencil, and shall become property of the City upon completion of the project. Informal field investigations including marking of removal areas may be required for some of the sidewalk, curb and gutter, and pavement replacement projects. 3. Complete the design including plans, specifications, and engineer's construction cost estimate. The Consultant shall contact manufacturers and /or contractors to verify the engineer's estimate prior to submitting to the City. Specifications shall be prepared in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultant. 4. If requested, all preliminary and bid sets of plans shall be plotted on bond or velum using the Microstation V8i CADD program. All drawings shall be completed per the City of Santa Ana CADD Standards. For interim submittals, the City may opt to receive only PDF versions of the plans for reviewing purposes. If so, the Consultant team will provided plans and /or specifications accordingly. 5. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional engineer in responsible- charge of the project. These signed originals shall then become the property of the City. 6. As a part of the project scope, the Consultant shall provide support services during the bidding and construction phases of the project on an as needed basis, including, but not limited to: A. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Following award of the construction contract, the Consultant shall attend the pre- construction meeting. B. The Consultant shall review and approve all submittals and shop plan drawings required supporting the construction contract. The Consultant shall complete shop drawings reviews City CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. C. The Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. D. The Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which the Consultant may observe. The Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. 7. Upon completion of construction, the Consultant shall prepare as- builts and submit them to the City. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy (in Microstation V8i CADD and pdf formats) of the final as -built drawings via CD or e-mail. 8. The Consultant shall monitor the project progress, maintain project files, and control the quality of the work performed by in -house staff and /or sub - Consultants. Incomplete (not meeting targeted completion) or poor quality work will not be accepted. The Consultant shall revise the documents within a revised schedule set by the City, which may require overtime. No additional compensation for regular or overtime hours necessary to complete this work to the satisfaction of the City shall be approved by the City for the required revisions. It is the responsibility of the Consultant to produce a professional -level quality of work product. 9. The Consultant shall attend meetings as required by the City. 10. The Consultant shall coordinate plan check, design topics, permits and any other issues with the City, other Agencies, and all utility companies as required. At the direction of the City, the Consultant shall be the liaison with affected agencies. 11. The Consultant shall be responsible for to reviewing and approving addenda and clarifications to plans and specifications. 12. Sample Project and Schedule: Proposal shall include a narrative for the project approach and steps for the Santa Ana Delhi Diversion Project. Proposal shall also include a timeline to complete the work tasks necessary for the project. Utilize Attachment C from this RFP to complete the comparison forms for the Proposal and Fee Proposal. Note, no staff hourly rates or total design costs shall be included in the Proposal for the project. However, hourly rates and total costs shall be included in the Fee Proposal for the project. A. Indicate any other assumptions made for the project which is described as follows: City gf,�� A p I W 14 -069 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 1) The project location will be in the Santa Ana Delhi Channel south of Bristol Street, northwest of Irvine Avenue, on the Newport Beach Golf Course, property is owned by the County of Orange. 2) The low flow shall be assumed at 0.4cfs. 3) The project shall include an in- channel diversion structure, an intake structure with coarse and fine screening, sedimentation and discharge storage chamber, a disinfection station, a pump station, and an outlet pipe back to the channel. 4) The pump station shall have the ability to pump to the sewer, at night, and to an adjacent surface irrigation reservoir. 5) Assume the sewer line will connect to an the intersection MacArthur Boulevard approximately 7,600 feet in length. existing 15 -inch diameter OCSD trunk main at and Campus Drive. The pipe length is B. For the Proposal, list the number of hours and staffing position levels anticipated to complete the design PS &E and the construction support for this work, without the hourly rates. Utilize Attachment C's format. C. For the Fee Proposal, list the number of hours and staff position levels anticipated to complete the design PS &E and the construction support for this work as well as the hourly rates. Utilize Attachment C's format fully completed. D. For the design phase, the schedule should include all activities required to provide a Finalized PS &E package inclusive of two 3 — week stakeholder reviews. E. For the Proposal, also include an engineering cost estimate, per bid item quantity estimated for the project. F. For the construction phase, the schedule should include all activities required to provide adequate construction support, including weekly construction meetings. III. GENERAL REQUIREMENTS All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards, and applicable, regulatory, state and federal requirements. 2. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and other involved agencies. 3. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana and the County of Orange for conformity with the requirements of 15114I:1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 the Agreement. Reviews by the City of Santa Ana and the County of Orange DO NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. 4. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. 5. The Consultant shall have quality control procedures in effect during the entire time work is being performed under the Agreement. The quality control procedures shall establish a process which includes checking processes for PS &E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 6. The Consultant's work and all records shall be subject to inspections by representatives of the City of Santa Ana and funding agency requirements or audits if requested. Consultant certifies that it shall comply with the following regulations, as required by the (funding agency): a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of four (4) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Consultant shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Consultant, upon request during usual working hours. b. Consultant shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. C. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason City q��r,�a 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Consultant agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its consultants, sub - consultants, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". Civil Rights Compliance and Notification of Findings - Consultant, and all its sub - consultants (or sub - recipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non - Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Consultant makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. City of,&;a Wgm j�P§14 -069 LL 9e ��JJ;`�'� (a) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 j. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. Consultant, and all its sub - consultants (or sub - recipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. M. Consultant agrees that the funding agency shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. n. Consultant may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non- exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and /or City purpose: i. the copyright in any work developed through this Agreement; and any rights of copyright to which the sub - consultant purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. IV. CITY RESPONSIBILITIES The City will provide the following: • All plan check coordination within the City • Sample boiler plate specification to be used for specifications • Sample plans & City of Santa Ana's CADD Standards • Electronic files for title sheets and sheet borders 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 APPENDIX ATTACHMENT B SAMPLE PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this XX day of Month 2014 by and between: Firm (hereinafter "Consultant') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: Engineering Services as indicated in the scope of work 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: TERMS This Agreement shall commence on START DATE / the date first written above and terminate on END DATE, unless terminated earlier in accordance with Section 14, below. 1. SCOPE OF SERVICES Consultant agrees to perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached City of (a) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 hereto and incorporated by reference. Additional Agreement provisions, if any, may be contained in "Additional Provisions" attached to and incorporated into this Agreement as Exhibit "D." 2. SCHEDULE OF SERVICES Consultant shall complete the services identified in the Exhibit A, and shall perform and deliver them to the City as described and detailed in the Schedule of Services - Exhibit B, attached hereto and incorporated by reference. Such services shall be provided per written request of the Executive Director of Public Works, or designee, after the City's issuance of a Notice to Proceed. 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C, attached hereto and incorporated by reference. 4. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer disks (CD)s, USB jump drives or equivalent, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all sub - consultants to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the sub - consultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 5. PAYMENTS & INVOICES a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this Agreement shall be submitted in a format (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number and City's agreement number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Tasks or deliverables completed, and percentage ( %) of total services completed. vi. Remaining Task budget available City will, within 45 days of receiving such statement in a manner that meets the City's requirements, review the statement and subsequently pay the approved charges thereon. 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 sub - consultants, 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, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as (a) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's 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 Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer, Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim shall be maintained. 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 cancelled 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 affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. City o .LS.ar" Ay RFP 14 -069 C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 8. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship and /or materials) or Consultant's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, sub - consultants, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 9. LAWS AND REGULATIONS Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the services and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising wherefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less (a) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 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. 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 authorized representatives of the parties. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City utj CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 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 may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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 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. The parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, (a) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copy to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -5635 To Consultant: Name Address City, State, Zip Code (714) 000 -0000 (phone) (714) 000 -2601 (fax) C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 19. MISCELLANEOUS PROVISIONS Additional provisions, if any, are identified as Additional Provisions — Exhibit D, attached hereto and incorporated by reference. a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. iCSiI:I!] L CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 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 CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Jose Sandoval Assistant City Attorney RECOMMENDED FOR APPROVAL: FIRM FRED MOUSAVIPOUR (NAME) Executive Director (Title) Public Works Agency (a) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 Not Used APPENDIX ATTACHMENT C FIRM RATE COMPARISON FORM City of CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT RFP NO. 14 -069 APPENDIX ATTACHMENT D -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 APPENDIX ATTACHMENT D -2: NON - LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lowertier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Name Signature and Printed Name: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 APPENDIX ATTACHMENT D -3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SECTION 3 CONTRACT CLAUSE CERTIFICATIONS A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The Consultant agrees to send to each labor organization or representative of workers with which the Consultant has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Consultant's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Consultant agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the sub - consultant is in violation of the regulations in 24 CFR Part 135. The Consultant will not subcontract with any sub - consultant where the Consultant has notice or knowledge of that the sub - consultant has been found in violation of the regulations in 24 CFR Part 135. E. The Consultant will certify that any vacant employment positions, including training positions, that are filled (1) after the Consultant is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the Consultant's obligations under 24 CFR Part 135. City of S lw 2 4-069 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 F. Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section (7) b of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). For the purpose of training and employment the rip mary Section 3 covered project area is the area in closest proximity to the actual construction work site within the U.S. Census Tract in which the project is located. It is understood that priority for employment opportunity is to be given to residents residing within the primary Section 3 area as defined. A Section 3 area resident is any lower income individual residing within the Section 3 area, whose total family income does not exceed 80% of the median income of the metropolitan statistical area in which the project is located (Orange County). A public housing resident is defined by regulations as Section 3 resident, regardless of income. The Consultant and each sub - consultant certifies that they will provide, to the greatest extent feasible, opportunities for employment to lower income residents (local residents) and job opportunities in connection with projects in their neighborhoods. For fiscal year 1996 -97, minimum goal for each project is 30 %. The Consultant/Sub- consultant /Service Provider by the signature affixed hereto declares under penalty of perjury: Consultant /Sub- consultant/Service Provider has read Section 3 requirements and accepts all its requirements contained therein for all of his /her operations within the City of Santa Ana. Signature Print Name and Title Signature Print Name and Title Signature Print Name and Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. 0 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 APPENDIX ATTACHMENT D -4: CERTIFICATION OF NON- DISCRIMINATION BY CONSULTANTS CERTIFICATIONS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment and including, but not limited to, what is listed in the Non - Discrimination Clause in Exhibit 10 -V per: http://www.dot.ca.aov/ho/LocalProcirams/lam/forms/chapterl 0/1 Ov-201 3-05-14.docx and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. The same shall apply and be included in all sub - consultant agreements. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAME TITLE OF PERSON SIGNING SIGNATURE AND PRINTED NAME DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. M G a �� CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14.069 APPENDIX ATTACHMENT E SAMPLE INSURANCE CERTIFICATE AND ADDITIONAL INSUREDS CERTIFICATE OF LIABILITY INSURANCE °oiai am' rBGppELr1 "� -" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE WeuXm _•_ -- IN61AiENnv�_v ��- IxauHRN: IN6U %Efl C: �e�.. re%E. COVERAGES THE P01.088 OF INSURANCE LISTED BELOW HAVE BE EN ISSUED TO THE INSURED NAM ED MOVE FOR THE POLICY PERIOD I N DICATED. NOi WITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OP ANY FACT OR OTHER DGCUMENT WITH gE6PECT TO WHICH THIS CERTIFICATE MAY BE IS6UE0 D0. MAY FERRARI THE INSURANCE AFFORLO DSYWE POLICIES OESCRMEDIIEREIN I5 SUBJECT NEWT TO WHIS. THIS CE NFICAZ MAY BE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED RY PAID CLAIMS. �- iimE IYP.°PINCURAN°E T- '"'"'°�" -� �PoQCYNBMBEB P011CY EFFECTOR 011012001 pp °MpI0Al1UX 0110112002 ' -�v IJ_Mlie tlaERnLLLVennY x1nI1II1i EncxG�c a %nervGE s 1.RaR,RW x COFWCACVLGfiNFV1.01, LV.tlilRY @OAM.NIE A- MFD F%r IMVUturFrrinl S BDOOR b D.WR p AAA LL_eAWINI°PY s 1AriRARO OEN_Q-- OINOANI L___1000,000 4EN440GREDGELMRAPPLIESNO1 _ CL1w. P,to. Lam.. P PHO..1tl S 2,,9C0 __ ....OW ..�..— OYtIXAO01LELU°I(ItY X pNYAUfG X222222222 011011`2RD1 Gil0101W2 MAt61N5°SINOLf. U41R IBnna, 9 1,O00.0 OR u.LOV.wmurtae 6EFIINNII.F,OAVECB Nvw�mn. —_ IFMParw 1 _ - - -__ 6 HI%6NAIIiOJ xnx.munEpnvruv GBCILY MUM, �- IPnraarrN 6 I�e�un:IlAMnaE b ` —.� SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT COVERAGES DEPEND ON TYPE �nxYAU^G A1Q.-EL.LIeNN 6 AIA'09HI.Y. �- E%CEpOtIPe11M E'AEY {OCUINIxkxCE 4 GO TBLE OF AGREEMENT /CONTRACT ; -- WipE.ECPLNIL.IN 1NNALU OYEIRSLIW , 1N20I Ri(tl12002 E1. ancxuc lEx,�,a —� Y,(1000010 fiL. CI6EA6EEM1EYPLOYIi' b �,CWI W,IiW EA .°.i L.PoLIEY111111 I I,WRADO ,TIRO MAdMAM1 WO12WIi OIfUV2R02 ENCXOmSralap 1.090.000 PrpfaasIW. LLaMliry pEeENTpNOF ORE° Af10X8M1° CATMNeryENIC46& H% CLU6ICNBABNBBBYEXCCN9EGE lrtI6tECULPIWN01p119 .s.�_� G0N(ICAIO HOMEr16 Af1t1ION9MUr0tI P0r II1f11CfIR11. PGI.t Nu. _ CERTIFICA'rEHOLDEft ADDrtmxnuxvve6D; IUapflER LEnER: CANCELLATION �- WIOULDMYWI) IEABQVSDt BRIDEOYUUClFOCCANCELLEDNSPCPE TIIERPIRn ON City of Santa Ana 30 CAYe NAMF.X 20 Civic Center Plaza - Ross Annex (M- ) N6YIEETOYIIE DEPl1E1EAle IIa.D6rtNAMEDmnre LEEO Santa Flna, CA °J2701 110111 10111IVE (YISD OACORO CORPORATION 1988 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ENGINEERING SERVICES RFP NO. 14 -069 APPENDIX ATTACHMENT F PRELIMINARY DESIGN REPORT ADDENDUM NO. 2 AUGUST 2014 of S t� Ran PRELIMINARY DESIGN REPORT b '+aoxmr?.� <IFOB� SANTA ANA DELHI CHANNEL DIVERSION PROJECT ADDENDUM N0.2 Collaborative effort: City of Santa Ana 20 Civic Center Plaza Santa Ana. California 92701 City of Newport Beach 3300 Newport Blvd Newport Beach, California 92663 City of Costa Mesa 77 Fair Drive Costa Mesa, California 92626 Revised August, 2014 Prepared by: 2020 East First Street, Suite 400 Santa Ana, California 92705 Exhibit 3 25F -129 Preliminary Design Report Addendum No.2 TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION ................................................................................. ............................... I 1.1 Background ....................................................................................... ............................... 1 1.2 Facility Description ............................................................................ ..............................1 2.0 DIVERSION FACILITY PROCESS DESIGN CRITERIA ................. ..............................3 2.1 Introduction ....................................................................................... ............................... 3 2.2 Basis of Design Flows and Operations ............................................. ............................... 3 2.2.1 Normal Dry- weather Flow ......................................................... ............................... 3 2.2.2 Maximum Design Flow ............................................................. ............................... 5 2.2.3 Dry - Weather Flow Diversion Operations .................................. ............................... 5 2.2.4 Wet - Weather Diversion Operations ........................................... ............................... 5 3.0 RECOMMENDED PRELIMINARY TREATMENT ALTERNATIVE .... ..............................6 3.1 In- channel Diversion Structure ......................................................... ............................... 6 3.1.1 Radial Steel Gates ...................................................................... ............................... 6 3.1.2 Air - inflated Rubber Dam ........................................................... ............................... 6 3.1.3 Hydraulics ................................................................................... ..............................6 3.1.4 Operation and maintenance ........................................................ ............................... 7 3.2 Intake Structure ................................................................................. ............................... 9 3.3 Coarse Screening ............................................................................... ............................... 9 3.4 Fine Screening Chamber ................................................................... ............................... 9 3.5 Sedimentation and Discharge Storage Chamber ............................. ............................... 10 3.6 Pump Station ................................................................................... ............................... 10 3.7 Hydraulics ....................................................................................... ............................... 11 3.7.1 Channel Hydraulics .................................................................. ............................... 11 3.7.2 Diversion Facility Hydraulics .................................................. ............................... 13 3.8 Reliabil ity .......................................................................................... .............................14 4.0 ALTERNAITVE PIPELINE ROUTE ANALYSIS ............................... .............................15 4.1 Introduction ..................................................................................... ............................... 15 4.1.1 Background ................................................................................ .............................15 4.1.2 Objective and Study Approach ................................................ ............................... 15 4.2 Basic Data ....................................................................................... ............................... 16 1[W i 25F -130 Preliminary Design Report Addendum No.2 4.2.1 Introduction .............................................................................. ............................... 16 4.2.2 Route Study Area ..................................................................... ............................... 16 4.2.3 Aerial Photographs ................................................................... ............................... 16 4.2.4 Existing Utility Data ................................................................ ............................... 16 4.2.5 Rights -of -Way and Easements ................................................. ............................... 17 4.2.6 Regulatory Requirements ......................................................... ............................... 17 4.2.7 Pipeline Design Criteria ........................................................... ............................... 17 4.2.8 Pipe Installation Methods ........................................................ ............................... 17 4.3 Alternative Pipeline Routes ............................................................. ............................... 19 4.3.1 General ....................................................................................... .............................19 4.3.2 Description of Alternative Routes ........................................... ............................... 19 4.4 Evaluation and Comparison of Alternative Pipeline Routes ........... ............................... 25 4.4.1 Cost Estimate Software ............................................................ ............................... 25 4.4.2 Pipeline Construction Cost ...................................................... ............................... 25 4.4.3 Pump Energy Cost ................................................................... ............................... 26 4.4.4 Non - Cost - Identifiable Evaluation ............................................ ............................... 26 4.5 Route Recommendation .................................................................. ............................... 28 4.5.1 Preferred Alternative Routes .................................................... ............................... 28 4.5.2 Estimated Route Cost ............................................................... ............................... 28 4.5.3 Recommended Route ............................................................... ............................... 28 5.0 COST EVALUATION ............................................................................ .............................29 5.1 Capital Costs ................................................................................... ............................... 29 5.2 Operations and Maintenance Costs ................................................. ............................... 31 List of Tables Table 2- 1 Dry- weather Flows and Diversion Alternatives Summary ............................ ..............................4 Table 3- 1 Comparative Summary of Diversion Structure Costs 7 Table 3- 2 Sedimentation and Discharge Storage Chamber Design 10 Table 3- 3 Design Discharge for the Santa Ana Delhi Channel (cfs) 11 Table 3- 4 Design discharge for incremental return periods for the Santa Ana Delhi Channel 12 Table 4- 1 Preliminary Construction Cost of Force Main Installation ........................... .............................25 Table 4- 2 Preliminary Estimate of Power Consumption ............................................ ............................... 26 Table 4- 3 Non - Cost - Identifiable Route Evaluation Criteria ......................................... .............................27 Table 4- 4 Route Evaluation Weighted Overall Scores ................................................. .............................27 UM ii 25F -131 Preliminary Design Report Addendum No.2 Table 4- 5 Cost Estimates for Four Alternative Options ................................................ .............................29 Table 4- 6 O &M Cost Estimates for Four Alternative Options ..................................... .............................31 List of Figures Figure3- 1 Typical Radial Gate ..................................................................................... ............................... 8 Figure3- 2 Typical Rubber Dam ................................................................................... ............................... 8 Figure 3- 3 Discharge Rate versus Return Period Relationship ..................................... .............................12 List of Appendices Appendix A- I Preliminary Design Drawings PD -1: Diversion Facility Plans and Sections PD -2: Hydraulic Profile PD -3: Routing Analysis Project Location PD -4-7: Routing Analysis Force Main Sewer Plan and Profile Optionl PD -9 -11: Routing Analysis Force Main Sewer Plan and Profile Option2 PD- 1213: Routing Analysis Force Main Sewer Plan and Profile Option3 PD- 1416: Routing Analysis Force Main Sewer Plan and Profile Option4 PD- 1719: Routing Analysis Force Main Sewer Plan and Profile Option5 Appendix A- 2 Delhi Channel Hydraulic Calculation Appendix A- 3 Diversion Facility Hydraulic Calculation Appendix A- 4 Routing Analysis Force Main Construction Cost Estimation Appendix A- 5 Routing Analysis Hydraulic Calculation UR.S iii 25F -132 Preliminary Design Report Addendum No.2 1.0 INTRODUCTION 1.1 BACKGROUND The City of Santa Ana, in association with the Cities of Newport Beach and Costa Mesa, is currently developing a conceptual engineering plan for a proposed urban runoff diversion facility. The proposed Delhi Channel Diversion Facility is located in the downstream portion of the Santa Ana Delhi Channel system near the intersection of Mesa Drive and Irvine Avenue adjacent to the Newport Beach Golf Course. The proposed project is intended to collect non - stormwater discharges from the Delhi Channel and divert the flow to the sanitary sewer system for further treatment, or to the on -site golf course reservoir to be used for irrigation purposes. The proposed project addresses the potential urban surface water quality issues associated with discharges to the Upper Newport Bay. The proposed diversion facility will comprise an in- channel flow diversion structure, an intake and bypass outlet structures, a primary treatment facility including coarse screen, fine screen, gravity sedimentation, sub - surface storage facilities, and a lift station and force main (FM) to convey the harvested flow from the discharge storage chamber to the existing drainage sewer for further treatment in the regional wastewater treatment plant. The goal of the proposed project is to divert non- stormwater during dry weather condition to eliminate the potential threat of selenium exceeding the current Total Maximum Daily Loads (TMDLs) (Santa Ana Delhi Channel Diversion Project Preliminary Design Report, Sept. 2012, Addendum No. 1 August, 2013). Key drivers for the project are: • Removing environmental impacts: the project will provide a treatment system that will remove pollutants from dry- weather /stormwater discharges from the regional drainage system complying with current and future TMDL concerns from local watersheds; • Removing local cities for wastewater treatment: The costs are too high for local cities to invest capital to operate and maintain a wastewater treatment facility to address TMDL challenges; • Harvested water is a valuable resource: dry - weather discharges and stormwater is becoming a valuable resource and will be in demand for local golf course irrigation needs. Engineering and environmental evaluation of alternative force main routes has been completed, along with the design of the diversion facility. 1.2 FACILITY DESCRIPTION Preliminary Design Report (PDR) Addendum No. 1 (August 2013) revised the conceptual design PDR (July 2012) to include a three -stage clarifier system with bar screen, sediment removal and fine screen to capture floatables. The flow capacity of the system will treat the front end portion of the first flush storm water quality event to a maximum flow capacity of 100 cfs and all of the dry- weather discharges within the Santa Ana Delhi Watershed. The proposed channel diversion would be accomplished through the use of an in- channel flow diversion structure and discharge into a side inlet incorporated into the original flood control channel. The existing channel would be removed and replaced approximately thirty feet upstream and fifty feet downstream from the in- channel structure for structural purposes. The existing channel will be modified with inlet and bypass outlet structures as part of the proposed diversion facility. URS >I 25F -133 Preliminary Design Report Addendum No.2 Inlet and outlet structures will consist of large diameter reinforced concrete pipe (RCP) with slide gates mounted on the vertical channel wall. The proposed in- channel structure, intake and by -pass discharge structures will be located along the Santa Ana Delhi Channel within existing County of Orange Flood Control District (OCFCD) Right of Way. The three -stage clarifier system followed by additional storage tank and submersible pump station will be located underground within the golf course. It is anticipated that the new facility will not impede the existing golf course operations with the exception of during construction. After construction, the majority of the facilities will be located underground except for the man -way accesses, control panels and vent risers. URS 2 25F -134 Preliminary Design Report Addendum No.2 2.0 DIVERSION FACILITY PROCESS DESIGN CRITERIA 2.1 INTRODUCTION This section presents design requirements for the proposed diversion facility. The proposed diversion facility will operate as a preliminary treatment facility for the removal of trash and debris. The diversion facility will be operated based on both dry and wet weather conditions. 2.2 BASIS OF DESIGN FLOWS AND OPERATIONS 2.2.1 Normal Dry- weather Flow Based on the original PDR (July 2012), it is estimated that the dry- weather flow in the Delhi Channel is 0.4 cfs, therefore, an estimated dry- weather flow of 260,000 gallon per day will be collected and treated by the proposed facility. Disposal scenarios of the diverted and treated flows have been developed that analyze the feasibility of using a portion of the diverted flows for irrigation purposes and/or providing for a direct connection to the existing Orange County Sanitation District trunk sewer facilities for further treatment at the regional water reclamation plant. The following discussion provides for an overview of the two alternative scenarios. Two sanitary sewer pumping scenarios have been developed for this analysis that include using the capacity within the existing Costa Mesa Sanitary District Newport Avenue Pump Station, using the proposed pumping facilities associated with the diversion treatment facilities, and making new connections to the Orange County Sanitation District Mainline located along Fairview Road and MarcArther Blvd in the City of Costa Mesa. Dry- weather Flow Diversion Alternative 1 - Alternative 1 is based on providing irrigation supplies to the Newport Beach Golf Club. The Newport Beach golf course has an estimated demand of approximately 200,000 gallon per day in winter months and 292,000 gallon per day in summer months for irrigation; therefore in theory, 77% to 100% of non- stormwater flow collected at the Diversion Facility can be used by the golf course for irrigation purposes. During winter months, excess flow needs to be discharged to the sewer collection system. Operationally, the system would divert flow away from the Santa Ana Delhi Channel and provide for an initial treatment through the gross- solids clarifier chambers and ultimately discharged into the underground storage cisterns. When irrigation demands of the golf course warrant supplemental supply, water stored in the cisterns would be pumped into the existing irrigation system on a daily basis. The remainder of the stored water within the cisterns would then be pumped into the sanitary sewer system for further treatment and disposal by the Sanitation District. Using the existing stormwater flows for irrigation purposes affords an opportunity to use portions of the existing sanitary sewer system owned and operated by the City of Costa Mesa based on specific operational parameters (discussed below). There is an existing Costa Mesa Sanitary District sanitary sewer lift station (Irvine Station) at the intersection of Irvine Boulevard and Mesa Drive which discharges to the Orange County Sewer Trunk Main located at the intersection of Fair Drive and Mesa Drive. The current pumping capacity of the Irvine Station is approximately 300 gallons per minute which discharges into the suction side of the Elden lift station located near the intersection of Santa Ana Avenue and Mesa Drive. The combined system has a total pumping capacity of 300 gallons per minute (gpm), providing for a total of discharge volume of 432,000 gallons in a 24 hour period. Discussions with the Costa Mesa Sanitation District indicated that URS 3 25F -135 Preliminary Design Report Addendum No.2 the existing hvine Station has available capacity during the off peak hours from midnight to 5:00 am. As such, the available pumping capacity that is available to service the Santa Ana Delhi Channel Diversion is approximately 90,000 gallons. Below is a generalized flow balance summary based on providing irrigation water to the Newport Golf Club during the winter months: Urban Discharge from SAD Channel .................. 260,000 gallons Golf Course Irrigation Demand (winter) ............. <200,000> gallons Irvine Station Pump Capacity Volume ................ <90,000> gallons Excess Capacity .................... ............................... <30,000> gallons Dry- weather Flow Diversion Alternative 2 - Alternative 2 is based on developing a direct connection to the OCSD trunk main as discussed above and not providing any irrigation supplies to the Newport Beach Golf Club. This alternative would consist of developing the overall diversion and treatment facilities as discussed above and constructing a new force main trunk from the treatment facilities to the OCSD trunk main. Advantages associated with Alternative 1 include no dependence on Costa Mesa Sanitation District facilities, specifically the Irvine Station, and the limited pumping scenario from midnight to 5:00 am. It also provides for the opportunity to use continuous pumping throughout the day. The only disadvantage is that this scenario will require the construction of approximately 2 miles of 8 inch diameter force main from the diversion facilities to the OCSD trunk connection. Below is a generalized flow balance summary based on direct pumping to the OCSD trunk main: Urban Discharge from SAD Channel .................. 260,000 gallons Pumping Rate to OCSD Trunk (300 gpm) .......... <270,000> gallons at 15 hrs /day Excess Capacity .................... ............................... <10,000> gallons More details on the above two alternatives can be found in Section 3. Table 2- 1 Dry- weather Flows and Diversion Alternatives Summary Flow Design Flow ( m) Design Flow d) Dry- weather Flow 180 260,000 Alternative 1 Pump Station to CMSD (5hrs) 300 90,000 Pump Station to Golf Course 19 hrs) 300 342,000 Golf Course Irrigation Demand 200,000 (winter) 292,000 (summer) Alternative 2 Pump Station to OCSD (24 hrs) 300 432,000 URS 4 25F -136 Preliminary Design Report Addendum No.2 2.2.2 Maximum Design Flow Based on the PDR Addendum No. 1 (August 2013), the proposed diversion facility will have a target maximum flow capacity of 100 cfs to treat the front end portion of the "first flush" flow to provide adequate capacity for the entire dry- weather urban discharges and a portion of the "first- flush" stormwater quality event. The "first- flush" stormwater quality event is defined as the 85" percentile discharge of stormwater runoff events. 2.2.3 Dry- Weather Flow Diversion Operations During dry- weather operations, the proposed Diversion Facility will provide primary treatment to remove floating debris and sediments from Delhi Channel. The treated water will then be pumped into either the golf course reservoir or the sewer system for further reuse or treatment and disposal. As such, the in- channel diversion structure will remain in the closed position; the water level in the Delhi Channel upstream of the diversion facility will raise and the water level will be controlled by the tailwater condition in the proposed diversion facility. System hydraulics and detailed calculations are discussed in Section 3. The diversion facility by -pass channel will remain open during normal dry- weather operation. The water level in the storage tank will be kept lower than the invert of the outlet pipe and therefore no flow will be redirected back to the channel system downstream. However, if the storage tank level is raised above the outlet pipe invert, water will overflow to the channel system downstream. 2.2.4 Wet - Weather Diversion Operations During the wet - weather operations for storm water flow less than 100 cfs, the treatment process will provide gross solids removal from entering into the channel system and the storm water will be re- introduced into the channel system downstream. As such, the in- channel flow diversion structure will remain in the closed position. A maximum of 100 cfs will be diverted to the facility. Trash and debris will be removed by the coarse and fine screening portions of the facility. Upon exceeding the maximum design capacity, the in- channel diversion will open, allowing the storm flow to pass. The pump station will be shut down during the wet - weather operations due to concerns of deteriorated water quality for reuse purpose, when only a minimal percentage (0.4 %) of flow could be reused. URS 5 25F -137 Preliminary Design Report Addendum No.2 3.0 RECOMMENDED PRELIMINARY TREATMENT ALTERNATIVE This section provides discussion of the preliminary treatment system. The preliminary treatment system will consist of an in- channel flow diversion structure, intake structure, coarse screening, fine screening, sedimentation chamber, storage chamber, a conveyance pump station, access manhole /cleaning structure, outletibypass structure. Detailed discussion of the force main will be discussed separately in Section 4. 3.1 IN- CHANNEL DIVERSION STRUCTURE The in- channel diversion structure will capture up to 100 cfs of water to a maximum depth of 8 feet in the Delhi Channel. The in- channel flow diversion structure will be in the closed position during all dry- season periods and pre /past- winter storm events. During the winter season, the diversion will remain in the closed position to promote near continuous trash and debris screening of all urban discharge events. During the rainy season, from October 15th to April 15s the in- channel flow diversion structure will remain closed during the first flush event of any impending storm event (approximately 15 minutes after the start of the storm) before moving into the open position. Upon the passing of a storm event, the diversion can be placed back into service once the stream flow events have subsided and returned back to typical urban flows. Two types of diversion structures have been considered: radial steel gates and an air - inflated rubber dam. 3.1.1 Radial Steel Gates Radial gates are designed for a wide, clear waterway opening. Radial gates are usually applied for diversion of water where wide, clear waterway openings are necessary and where economical control of water is important. The main advantage of radial gates is that friction is concentrated at the pin and is usually much less than that for other channel flow control structures, such as sliding gates. Radial gates are lightweight, economical gates that can be opened and closed with minimum effort and with a comparatively small number of turns of the hand wheel on the hoist. 3.1.2 Air - inflated Rubber Dam Air - inflated rubber dams are made of synthetic materials such as rubber, and are inflated with air and/or water. They usually have an inner shell and outer casing, and can be used to close very long spans with heads up to 18 feet. The main advantages of an air - inflated rubber dam are low cost, low weight, absence of a heavy lifting mechanism, little need for maintenance, and ease of installation. The disadvantage is that the fabric /rubber material can be damaged and may have a limited life. Rubber dam service life can be improved by including a stainless steel wire mesh. It is recommended that a rubber dam be considered that includes the stainless steel wire mesh. Based on operational familiarity and experience of the existing OCFCD staff member, the rubber dam is the favored diversion configuration. 3.1.3 Hydraulics Both types of structures are capable of efficient performance under dry- weather flow conditions and 15- minute first flush wet - weather flow conditions. Two radial gates in parallel have been proposed in the original PDR and PDR addendum No. 1. As for the rubber dam, one single piece would have to be installed on a single clamp plate. Radial gates would provide a superior clean water way, compared to the inflatable rubber dam, which would partially block the water way after deflation. Operationally, the radial URS 6 25F -138 Preliminary Design Report Addendum No.2 gate provides superior hydraulics and requires less long -term maintenance activities. It should be noted that the anticipated life span of a radial gate exceeds fifty years in comparison of the rubber dam, which may need a complete replacement after fifteen years of operation. 3.1.4 Operation and maintenance Both structures can be installed in open channels. Radial gates require maintenance which includes periodic lubrication of the side racks and bearings. Comparatively, the rubber dam has a more intensive operation and maintenance schedule. The replacement costs for the rubber dam is relatively high, as it cannot be replaced in parts, but rather the whole unit would have to be replaced. Table 3- 1 Comparative Summary of Diversion Structures Radial Gate (Hydro Gate) Inflatable Dam (D rhoff Ltd. • Dimension: 8 ft high x 26.5 ft wide x 2 • Dimensions: 8 ft high x 55 ft wide x l span • hoist/operator included • Material of rubber body: • Hot - Rolled Steel (Plates, Structurals, Flat • EPDM rubber outer layer Bars) ASTM A36 or A306, Grade 60 • 2 layers of nylon fabric; • Cold- Rolled Steel (Shafting and Pins) • 1 layer of stainless steel wire mesh • ASTM A108, Grade 1045 • nominal thickness 3/8 inch • Stainless Steel (Fasteners) • Clamp plates: ductile iron • ASTM F593 or F594 Group 1 • Anchor bolts: carbon steel • Cast Iron ASTM A126, Class B • Special pipe connection flanges: stainless • Rubber: ASTM D2000, Grade 1AA625 steel 304 • Stainless Steel: ASTM Al 67 or A240, Type 304L $970,000 $380,000 Table 3- 2 Comparative Summary of Diversion Structures Costs In summary, both structures are suitable for the project. While radial gates offer benefits of superior hydraulics and clear water way, faster operation and lower maintenance requirements, its initial installation capital cost is higher than that of the rubber dam. Comparatively, the rubber dam is economically a more feasible option for this particular case. UiLS 7 25F -139 Radial Gate Inflatable Dam Initial Capital Costs $970,000 $360,000 Lifes an 60 15 Discount Rate 3.00% 3.00% Annual maintanance $6,000 $12,000 27.68 11.94 -Repayment Equivalent Annual Costs 41,049 42,156 In summary, both structures are suitable for the project. While radial gates offer benefits of superior hydraulics and clear water way, faster operation and lower maintenance requirements, its initial installation capital cost is higher than that of the rubber dam. Comparatively, the rubber dam is economically a more feasible option for this particular case. UiLS 7 25F -139 Preliminary Design Report Addendum No.2 Figure 3- 1 Typical Radial Gate Photo Source: www.armtec.com Figure 3- 2 Typical Rubber Data Photo Source: Wikipedia Un 8 25F -140 Preliminary Design Report Addendum No.2 3.2 INTAKE STRUCTURE A conceptual intake design has been developed for the proposed facility that will supply sufficient flows for dry- weather and wet- weather conditions. This system consists of a dedicated intake slide gate, and a dedicated 48" diameter RCP that will be located directly upstream of in- channel diversion structure. No screens are provided at the inlet, as headless at the inlet would be excessive for the 100 cfs flow condition, due to the limited opening area available within the 48" RCP. 3.3 COARSE SCREENING The Bar Screening Chamber will be outfitted with a coarse screen bar rack to remove large floatables and debris from the channel discharge. The coarse screen will consist of one (1) manual bar screen, 6.0 feet deep and 20.0 feet wide. The bar screen will have clear openings of 3.0 inches and be constructed of 0.5 inch wide by 3.0 inch deep bars. The bar screen will be inclined at 15 degrees from vertical. The coarse screen is vital to the successful operation of the diversion facility. Due to potential corrosive environment, galvanized steel materials are considered for this design. All screenings will be collected in the first chamber and excavated through the man -way openings in the roof portions of the facility. Approximately 30 tons of trash is expected to be collected and because all preliminary treatment will be underground and expecting low maintenance activities, a mechanical bar screen will not be considered for this facility. Flow after the coarse screen will be directed through a baffle wall consisting of ten (10) orifices, each 2 feet high by 1 foot wide, located at the bottom of the baffle wall. The baffle wall and orifices will ensure flow be distributed evenly prior to the fine screen. 3.4 FINE SCREENING CHAMBER The sediment trap will be located downstream of the coarse screen bar rack. To effectively remove sediment from the discharges, a hydraulic depth in excess of 4 feet will need to be maintained. The fine screen will consist of one (1) manual bar screen, 5.0 feet deep by 20.0 feet wide. The bar screen will have clear openings of 0.5 inches and be constructed of 3/8 inch wide by 2.0 inch deep bars. The bar screen will be inclined 15 degrees from vertical. Stainless steel 316 materials are considered for this design. All screenings will be collected in the second chamber and excavated through the man -way openings in the roof portions of the facility. URS 9 25F -141 Preliminary Design Report Addendum No.2 3.5 SEDIMENTATION AND DISCHARGE STORAGE CHAMBER The discharge storage chamber will provide approximately 140,000 gallons of storage for further sediment particles and storage volume to be pumped either to the surface reservoir located within the golf course or pumped directly into the sanitary sewer system for final treatment and disposal. The discharge storage chamber will consist of a 60,000 gallon concrete chamber followed by four precast reinforced concrete underground storage chambers, each with a dimension of 7' -8" by 14' by 50'. The RCB storage tank will provide an additional storage capacity of 80,000 gallons for dry- weather conditions. During the wet - weather condition, the water level in the storage chamber will be approximately 2 feet higher than the dry- weather condition, and will provide an effective storage volume of 75,000 gallon (for HRT calculation) and a total storage of 175,000 gallons. The calculated hydraulic retention time for the dry- weather conditions is 13 hours, which is conservative compared to a typical 28 hour sedimentation chamber design. The short HRT during maximum design flow conditions (100 cfs) indicates that sedimentation will not likely be effective during the high flow event. This suggests that the cleaning of sedimentation from dry- weather conditions should take place prior to the rainy season, to avoid flushing the sediments in the storage chamber. Table 3- 3 Sedimentation and Discharge Storage Chamber Design 3.6 PUMP STATION URS understands that the underlying land owner of the golf course has expressed concerns regarding water quality and its suitability for irrigation. If the golf course accepts the water quality for irrigation, a single pump station with proper control and a single motorized three -way control valve on the pump discharge pipeline will be able to deliver the harvested water to the golf course reservoir during the hours of 5:00 am to 12:00 pm. The pump on -off control will be based on levels in the receiving reservoir and the pump station wet well. The pump station will pump the harvested water to the sewer system during the hours of 12:00 pm to 5:00 am through the adjacent CMSD sewer connection. If the captured dry - weather flow can not be reused for golf course irrigation, alternatively it can be pumped continuously to the OCSD trunk main connections. The pump station will be a typical duplex station, each with a 300 gpm capacity submersible pump. The pump head varies for different pipe routing options and discharge points between 20 feet to 80 feet dynamic head. More details are provided in Section 4. LW 10 25F -142 Total Stora a Effective Volume HRT Dry- weather Condition 1 140,000 gallon 140,000 gallon 13 hours Maximum Flow Condition 1 175,000 gallon 75,000 gallon 1.7 minutes 3.6 PUMP STATION URS understands that the underlying land owner of the golf course has expressed concerns regarding water quality and its suitability for irrigation. If the golf course accepts the water quality for irrigation, a single pump station with proper control and a single motorized three -way control valve on the pump discharge pipeline will be able to deliver the harvested water to the golf course reservoir during the hours of 5:00 am to 12:00 pm. The pump on -off control will be based on levels in the receiving reservoir and the pump station wet well. The pump station will pump the harvested water to the sewer system during the hours of 12:00 pm to 5:00 am through the adjacent CMSD sewer connection. If the captured dry - weather flow can not be reused for golf course irrigation, alternatively it can be pumped continuously to the OCSD trunk main connections. The pump station will be a typical duplex station, each with a 300 gpm capacity submersible pump. The pump head varies for different pipe routing options and discharge points between 20 feet to 80 feet dynamic head. More details are provided in Section 4. LW 10 25F -142 Preliminary Design Report Addendum No.2 3.7 HYDRAULICS 3.7.1 Channel Hydraulics This section summarizes the results of a hydraulic analysis to evaluate the impact of the in- channel flow diversion structure on the upstream water surface profile. Detailed channel hydraulic analyses results can be found in Appendix A- 2. A hydraulic model was created for (1) the existing condition and (2) the proposed condition, which includes the proposed 8 foot high in- channel flow diversion structure (representing either the radial steel gate or air- inflated rubber dam). The section of the Delhi Channel between Bristol Street and hvine Avenue is a concrete -lined rectangular channel, with a width of 55 feet and a height of 16 feet. In the center of the channel is a 1 foot high trapezoidal low -flow channel, with a base width of 6 feet and a top width of 14 feet. The dimensions of the channel are based on the original model provided by the City of Santa Ana, and updated based on the as -built drawings. Figure A -2 -1 shows the model layout and cross - section stationing. The numbering for the stationing is based on the as -built drawings. Channel Discharge Table 3- 3 shows the design discharge for the Delhi Channel. These values were provided in the model from the City. Station 9400 represents the upstream station of the model at Bristol Street. At station 6541 there is additional inflow from the Airport Channel. Table 3- 4 Design Discharge for the Santa Ana Delhi Channel (eft) Station As -built flow 2 -year 5 -year 10 -year 25 -year 50 -year 100 -year 9400 8,550 3,033 4,790 5,990 7,420 8,200 9,200 6541 8,770 3,183 1 4,940 6,140 7,570 8,350 9,350 A relationship between discharge rate and return period was developed, in order to estimate discharge for smaller return period increments (see Figure 3- 3 and Table 3- 4). URS 11 25F -143 10. G 7, m M u n 6, Preliminary Design Report Addendum No.2 uuv 000 —r 1.1-year y= 1556.51n(x) +2199.6 000 ... R2 = 0.9927 1.5- ear 9400 2,200 2,348 000 -- 000 --- 6541 2,350 000 — 2,758 2,873 000 n00 . 20 40 60 g0 100 120 Return Period (years) Figure 3- 3 Discharge Rate versus Return Period Relationship. Table 3- 5 Design discharge for incremental return periods for the Santa Ana Delhi Channel (cfs) Station 1 -year 1.1-year 1.2-year 1.3- ear 1.4-year 1.5- ear 9400 2,200 2,348 2,483 2,608 2,723 2,831 6541 2,350 2,498 2,633 2,758 2,873 2,981 Channel Hydraulic Analysis A hydraulic model was developed using the USACE Hydrologic Engineering Center River Analysis System (HEC -RAS) version 4.1 to determine the hydraulic impacts of the proposed in- channel flow diversion structure. HEC -RAS was used to perform a one - dimensional, steady -state hydraulic analysis of the Santa Ana Delhi Channel. The model was computed using the mixed flow regime to produce the full range of water surface results. Normal depth was used as the boundary conditions. The upstream and downstream normal depth slopes are 0.000738 and 0.000772, respectively; the slope changes downstream of the confluence with the Airport Channel. A Manning's roughness coefficient of 0.013 was used for the concrete -lined channel. The Delhi Channel flows underneath Santa Ana Avenue, approximately 1,340 feet downstream of the Bristol Street crossing. The channel flows through three parallel rectangular culverts, which were included in the HEC-RAS model. For the proposed conditions, the in- channel flow diversion structure was included in the model as an 8 foot high and 4 foot wide broad - crested weir, with a weir coefficient of 2.6. It was located approximately 3,500 feet downstream of the Bristol Avenue crossing. EW 12 25F -144 Preliminary Design Report Addendum No.2 Channel Hydraulic Analysis Results Tables A -2 -1 and A -2 -2 show the HEC -RAS results for every cross section for the existing and proposed conditions, respectively. Figure A -2 -2 shows the existing and proposed conditions profile plots. Figure A- 2-3 shows the existing and proposed conditions cross - section flow depths. For the proposed conditions, the largest flow that can pass through the channel in which the depth everywhere in the channel is below 15 feet (which includes 1 foot freeboard) is the 1.2 -year storm. This is equivalent to a flow of 2,483 cfs in the upstream part of the channel and 2,633 cfs in the downstream part of the channel, at the in- channel flow diversion structure. 3.7.2 Diversion Facility Hydraulics This section summarizes the results of the hydraulic analysis for the diversion facility, which includes the intake, coarse - screen, fine- screen, sedimentation chamber, storage tank and outlet discharge structure, pump station and associated conveyance force mains. For conveyance pipeline by gravity and pressurized force mains, the C factor (Hazen - Williams coefficient) of 120 was used for all pipe sizes in this hydraulic study, which corresponds to a moderate pipe operational condition. The specified inside diameter dimensions, pipe length and associated valves, bends and other appurtenances were based on preliminary levels, and verification will be needed in further design stages. The proposed facility's hydraulic profiles for 0.4 cfs dry- weather and 100 cfs maximum design flow conditions are depicted in Appendix A -1 sheet PD -2. Detailed diversion facility hydraulic analyses results can be found in Appendix A- 3 Intake Pipe to Pre Coarse - screen Chamber Of particular importance is the need to provide redundancy for each component within the intake structure for the diversion facility. Various events could potentially reduce or eliminate the water supply normally available via a single intake (e.g., periodic maintenance on the intake structure). To adequately ensure a robust intake system, two 48" diameter RCP and channel side inlets are proposed for the preliminary design of the intake structure. The proposed intake pipe from the proposed intake to the proposed treatment facility is shown in Appendix A -1 PD -1. The intake consists of two parallel slide gate structures at the intake within the Delhi Channel, followed by two parallel 48 -inch diameter RCPs, approximately 50 feet long each. The estimated flow velocity for maximum flow of 100 cfs is estimated to be 8 feet per second (fps), and head loss is estimated to be 1.7 feet. The estimated velocity and headloss for dry- weather flow of 0.4 cfs are negligible. Coarse - screen and Baffle Wall The maximum velocity through the screen open area is 3.3 fps, assuming a clogging factor of 50 %. The headloss by coarse screen for maximum flow 100 cfs is estimated to be 0.27 ft. Flow velocity through the orifices after the coarse screen baffle wall is estimated to be 5 fps and headloss through orifices is 1.0 ft. The estimated velocity and headloss for dry- weather flow of 0.4 cfs are negligible. URS 13 25F -145 Preliminary Design Report Addendum No.2 Fine - screen and Broad- crested Weir The maximum velocity through fine screen open area is 5.6 fps assuming a clogging factor of 50 %. The headloss through the fine screen for maximum flow of 100 cfs is estimated to be 0.75 ft. Headloss over the broad - crested weir downstream of the fine screen is estimated to be 0.62 ft. The estimated headloss for dry- weather flow is estimated to be 0.03 ft for the screen and 0.02 ft for the broad - crested weir. Bypass Pipeline from Post fine- screen Chamber to Outlet The proposed bypass discharge pipeline from the proposed post fine - screen chamber to the outlet structure is shown in Appendix A -1 sheet PD -1. It consists of one 48 -inch diameter RCP approximately 50 feet long following and a slide gate structure at the intake within the Delhi Channel. The estimated flow velocity for maximum flow of 100 cfs is estimated to be 8 fps, and head loss is estimated to be 1.7 feet. The estimated velocity and headloss for dry- weather flow of 0.4 cfs are negligible. $.8 RELIABILITY While all municipal wastewater treatment facility Classes I, R and III will require the facility to have redundancy /reliability to maintain the design capacity with one large unit out of service (Design criteria for mechanical, electric, and fluid system and component reliability for wastewater treatment facilities, Bulletin 430 -99 -74 -001), such redundancy is not required for stormwater storage /sedimentation facilities (Storage /Sedimentation Facilities for Control of Storm and Combined Sewer Overflows Design Manual, Bulletin EPA/600 /R- 98/006, Storm Water Technology Fact Sheet Flow Diversion, Bulletin 832 -F -99- 014). A maintenance program should be established to ensure that the system functions properly. The diversion facility should be inspected to remove debris prior to the rainy season and shortly after a significant rainfall event. This project will have two intake structures, with only one in service at a time. This will aid in redundancy /reliability. The proposed Diversion Facility plan layout and sections are shown in Appendix A -1 sheet PDA URS 14 25F -146 Preliminary Design Report Addendum No.2 4.0 ALTERNAITVE PIPELINE ROUTE ANALYSIS 4.1 INTRODUCTION 4.1.1 Background This section and subsections that follow present the process validation and selection approach, summarize the five pipeline routing options that have been identified, and present the two recommended pipeline routings for the Delhi Diversion Facility. Per earlier investigation, the on -site sewer pipeline does not have the capacity for the additional flow from the Delhi Channel. The harvested dry- weather flow from the Delhi Channel has to be sent to sewer collection systems further downstream. Thus, URS investigated potential routes to connect the discharge FM to potential locations, including the following: 1) connection to the local sewer collection system, owned and operated by Costa Mesa Sanitary District (CMSD), which will also discharge to the OCSD trunk main; and 2) direct connection to the OCSD trunk main further downstream. For both pipe routes, the conveyed flow will ultimately be treated by regional wastewater treatment facilities. 4.1.2 Objective and Study Approach The objective of this section is to summarize the investigations, in order to establish, evaluate, and compare alternative routes for the proposed Diversion Facility sanitary sewer discharge force main (the force main) and identify the most cost - effective pipeline route. The preferred alternatives will be based on constructability and maintainability. A detailed approach has been implemented to identify the best constructible route for the force main. This approach consists of the following major components: • Identify potential pipeline route alternatives; • Prepare preliminary cost for purposes of comparing the alternative routes; • Perform a hydraulic analysis on the preferred route; • Identify the preferred routes, considering the criteria ranking and costs. This analysis reviews all project related information, such as digital aerial maps, Orange County Public Works Records, easement descriptions, right -of -way (ROW) records, available utility system data, and other pertinent information for an effective execution of the proposed project. The objective of this analysis is to assist in identifying the most favorable route for the force main. It will also serve as the document of record for technical support in later engineering decisions as the Project is designed and constructed. URS 15 25F -147 Preliminary Design Report Addendum No.2 4.2 BASIC DATA 4.2.1 Introduction In order to compare and evaluate suitable alternative pipeline routes, it is necessary to acquire a variety of information or basic data on existing and proposed conditions. Comparative evaluations of the alternative routes include the development of probable construction costs, land acquisition costs, and where applicable, additional design costs. Other pertinent criteria, which are not readily cost identifiable, have been assessed by means of an evaluation matrix. This matrix will be discussed later in the study. 4.2.2 Route Study Area A route study area is the area within which alternative routes from Point A to Point B are developed. In this alternative study, Point A is at the proposed Delhi Channel Diversion Facility's Pump Station and Point B includes the connection points to existing sewer conveyance systems at various potential locations, as described in Section 4.3. 4.2.3 Aerial Photographs Aerial photography is necessary in pipeline route selection to identify highways, railroads, environmentally sensitive lands, density of development, waterways, and other natural and man -made features visible from air. For this alternative study, the aerial photos covering the route study area were obtained from Google Earth Pro. 4.2.4 Existing Utility Data Information on existing public utilities, particularly underground utilities, is required to identify pipeline routes that will result in minimizing potential utility conflicts during construction. Existing large diameter sanitary and storm sewers, sanitary force mains and water mains are usually the greatest concern. Other utilities, including buried communications lines, gas mains, and power lines are also important, but are typically much smaller in diameter than sewers and water mains. Consequently, they do not have a significant impact on route selection, as it is comparatively easy to avoid these utilities or at least provide adequate clearance for their protection during construction. The locations of above - ground power and communications lines can affect route selection. The following utility agencies maintain existing utilities with the alternative route corridors: • Water — City of Newport Beach • Water — City of Costa Mesa • Sewer — Orange County Sanitation District • Sewer — Costa Mesa Sanitation District • Electricity — Southern California Edison • GAS — SC GAS • Telephone — AT &T Distribution • Cable — Time Warner Cable I= 16 25F -148 Preliminary Design Report Addendum No.2 4.2.5 Rights -of -Way and Easements Generally, it is desirable to install municipal pipelines in existing public ROW. Occasionally, it is necessary to acquire permanent and temporary construction easements from private landowners to accommodate a new utility. Acquiring easements may present costly and time - consuming challenges, which can significantly delay a project. Easements and right -of -ways will be discussed later in the description of each route. Land records information including parcel/track boundary, easement, and ROW were obtained from the Orange County Department of Public Works website. 4.2.6 Regulatory Requirements The following regulatory agencies will have jurisdiction over the issuance of permits for design and construction of the force main: • Orange County Flood Control District — Encroachment Permit • City of Newport Beach/City of Costa Mesa — Encroachment Permit • Caltrans — Encroachment Permit • Sewer — Orange County Sanitation District • Sewer — Costa Mesa Sanitation District • Electricity — Southern California Edison • GAS — SC GAS • Telephone — AT &T Distribution • Cable —Time Warner Cable • California Fish and Game Commission 4.2.7 Pipeline Design Criteria The design flow for the Pump Station to discharge to the CMSD sewer collection system is 300 gpm in a four -hour time window (PDR, Sept., 2012). It may be possible to design flow to be higher than 300 gpm if it is to discharge directly to OCSD trunk main; this will be further addressed during later design phases. Typical maximum and minimum velocity of the sewer pipe are 2 fps and 10 fps, respectively. The design flow velocity for 300 gpm in the 8 -inch diameter pipe is 1.9 fps, which slightly lower than the minimum velocity of 2 fps. A 6 -inch diameter pipe will be more suitable for the 300 gpm design flow with a velocity of 3.4 fps. For routing evaluation purposes, a uniform 8 -inch diameter force main is used in this study. Pipe material will be assumed to be high - density polyethylene (HDPE) for non - conventional installation methods and ductile iron for conventional installation. Pipe installation methods are discussed further below. 4.2.8 Pipe Installation Methods The installation of the proposed reclaimed water main along each alternative can be achieved by different construction methods. The following paragraphs will discuss the different methods available that can be applied to this project and a recommendation will be presented based on the analysis performed. URS 17 25F -149 Preliminary Design Report Addendum No.2 Open -Cut Excavation Open -cut excavation is a commonly used method for the construction of wastewater sewer and water mains. A new main is constructed by digging along the length of the pipeline to be replaced. The traditional dig- and - replace (open -cut) method requires more restoration and causes more disturbance than other construction methods. Open -cut replacement is typically the most costly method for constructing pipelines due to intensive traffic control, pipe excavation, bedding and backfilling, and surface restoration requirements. However, it provides the best option for repairing all defects and eliminating poor trench conditions that are typically the cause of many pipeline defects. Open -cut excavation may be performed if adequate space is available for construction of the new pipeline without significantly impacting service, traffic, and access to private roadways and the community. Trenchless Construction Technologies Due to the environmental sensitivity of the project area and regulatory restrictions that would be imposed, trenchless construction methods have been evaluated for this Project as an alternative to open trench construction, where applicable. Technologies currently in use for small size pipe construction include jack and bore and horizontal directional drilling (HDD). Jack and bore is a multi -stage process for installing pipelines, which consists of constructing a temporary horizontal jacking platform and a starting alignment track in an entrance pit located at the desired elevation. The casing is jacked by manual control along the starting alignment track with simultaneous excavation of the soil being accomplished by a rotating cutting head in the leading edge of the pipe's annular space. The new main is inserted into the steel casing. The removed soil is transported back to the entrance pit by rotating helical auger flights. Jack and bore typically provides limiting tracking and steering as well as limited support to the excavation face. Removal and disposition of excess material is usually required. HDD offers much less impact on the environment and surrounding structures compared to other utility construction methods. The HDD pipe installation method requires limited construction on either side of the road, causing minimal impact on traffic and other buried utilities and structures. Typical HDD construction is for pipe diameters greater than 2" and pipe lengths greater than 600 feet. The HDD construction method is a two -stage process. The first stage consists of drilling a small diameter pilot hole along the desired centerline of a proposed pipeline. The second stage consists of enlarging the pilot hole to the desired diameter to accommodate the utility line and pulling the utility line through the enlarged hole. The method's unique ability to track the location of the drill bit and steer it during the drilling process results in a greater capability in placing the utilities in difficult underground conditions. The limited traffic and surface disruption benefits of this method are comparable to the jack and bore method. A smaller excavation area is required for the entry and exiting points; less equipment and less soil disruption are also added benefits to the HDD method. It is anticipated that the HDD method is the preferred method of construction when crossing the Delhi Channel and within the golf course area. This is primarily due to the low amount of surface -level environmental impact associated with this technology and the sensitivity of the project area. Also, the HDD technology is applicable in the saturated soil and underwater conditions that will be encountered crossing the Delhi Channel. Per Caltrans encroachment permit guidelines and specifications for trenchless technology projects regarding jack and bore and HDD technologies, all transverse crossing pipes that are 6" or greater in URS 18 25F -150 Preliminary Design Report Addendum No.2 diameter shall be encased. The recommended minimum depth of cover for 8" to 14" diameter pipeline using HDD technology is 6 feet. In this study, a 20" diameter case for 8" FM has been assumed. 4.3 ALTERNATIVE PIPELINE ROUTES 4.3.1 General Five alternative sewer discharge FM pipeline routes from the diversion facility to the possible City /County existing sewer collection connection points were identified and evaluated to determine the best overall route. The location map for the five alternative routes is depicted in Exhibit A. Routes were identified based on field observations, analysis of existing sewer collection system network data, and traffic conditions. Both cost and non -cost (feasibility of construction and minimization of public disruption) were considered in the selection of the routes. The five alternative routes are called: • Route 1 • Route 2 • Route 3 • Route 4 • Route 5 These route corridors, plan (1:2400 scale), and profiles are on PD-4 to PD -19 in Appendix A -1 4.3.2 Description of Alternative Routes Route 1 The limits of Route 1 begin at the proposed Delhi Channel Diversion Facility Pump Station and end at the existing OCSD's 27" diameter trunk main located on the east side of Fairview Road near Fair Drive intersection. The proposed FM connection is through an existing manhole. This route begins at the proposed diversion facility location and proceeds west to cross under Delhi Channel and continues southwest along Delhi Channel within the Newport Beach Golf Course. The route continues within an existing Orange County sanitary sewer easement into the Irvine Avenue ROW. The route continues south within the Irvine Avenue ROW to Mesa Drive, then continues west within the Mesa Drive ROW, crossing Santa Ana Avenue to Newport Boulevard ROW, and then crossing Newport Boulevard through the bridge's existing utility crossing structures, and continues west to Fair Drive ROW and then ends at an existing manhole located on the east side of Fairview Road. Pipeline Length Route 1 is approximately 10,442 feet in length. Public Inconvenience & Safety Medium level of public inconveniences will occur within Route 1 when constructing along the roadway due to equipment placement, work vehicles, etc. The beginning of route 1 will require that an easement be obtained from the owner of the Newport Beach Golf Course and an existing sanitary sewer easement will be used. The majority of the route is within ROW and will require maintenance of traffic (MOT). When URS 19 25F -151 Preliminary Design Report Addendum No.2 possible, a trenchless method of construction will be used to cross major intersections to minimize lane closures along the route. Right of Way Availability Route 1 utilizes existing rights -of -way along the majority of the route. The following properties will need permanent construction easements acquired from private landowners: • Newport Beach Golf Course, 20 feet wide by 250 feet long • 20321 -20371 Irvine Avenue, 20 feet wide by 400 feet long (this study consider existing sanitary easement per OC parcel map no. 89 -128) • 2765 Newport Blvd, 20 feet wide by 50 feet long Operation and Maintenance This section will be addressed at the completion of the hydraulic calculations of the preferred alternative routes. Special Construction Trenchless construction techniques will be used for all pipeline crossings of major highways to avoid disruption in vehicular traffic. Route 1 contains three crossings, which will require special coordination and involvement with the applicable agencies. • Delhi Channel (HDD), 300 feet, 30 feet deep • Newport Beach Golf Course, continue through 2031 Irvin Avenue. (HDD), 600 feet, 10 feet deep • Santa Ana Avenue (jack and bore), 150 feet, 10 feet deep • Newport Blvd (HDD), 500 feet, 40 feet deep Directional Drilling, and Jack and bore construction will be used to accomplish these major highway crossings. Additional information regarding the estimated cost of special construction is located in Exhibit B. Route 2 The limits of Route 2 are similar to Route 1, beginning at the proposed Delhi Channel Diversion Facility Pump Station and ending with the pipeline connection to the existing OCSD's 27" diameter trunk main through an existing manhole at the east side of Fairview Road near Fair Drive intersection. This route begins at the proposed diversion facility location and proceeds west to cross under the Delhi Channel and continues southwest along the Delhi Channel within the Newport Beach Golf Course. The route continues to northeast to Orchard Drive ROW then crossing to Santa Ana Avenue ROW. The route continues south within the Santa Ana Avenue ROW to Mesa Drive, then continues west within the Mesa Drive ROW, crossing Santa Ana Avenue to Newport Boulevard ROW, and then crossing Newport Boulevard through the bridge's existing utility crossing structures, and continues west to Fair Drive ROW and ends at an existing manhole east of Fairview Road. URS 20 25F -152 Preliminary Design Report Addendum No.2 Pipeline Length Route 2 is approximately 10,773 feet in length. Public Inconvenience & Safety Minor public inconveniences will occur within Route 2 when constructing along the roadway due to equipment placement, work vehicles, etc. The beginning of Route 2 will require that an easement be obtained from the Newport Beach Golf Course. The majority of the route is within ROW and will require maintenance of traffic (MOT). When possible, a trenchless method of construction will be used to cross major intersections to minimize lane closures along the route. Right of Way Availability Route 2 utilizes existing rights -of -way along the majority of the route. The following properties will need permanent construction easements acquired from private landowners: • Newport Beach Golf Course, 20 feet wide by 550 feet long • 2765 Newport Blvd, 20 feet wide by 50 feet long Operation and Maintenance This section will be addressed upon the completion of the hydraulic calculations of the preferred alternative routes. Special Construction Trenchless construction techniques will be used for all pipeline crossings of major highways to avoid disruption in vehicular traffic. Route 2 contains three crossings which will require special coordination and involvement with the applicable agencies. • Delhi Channel (HDD), 300 feet, 30 feet deep • Newport Beach Golf Course (HDD) to 1731 Orchard Drive, 600 feet, 10 feet deep • Santa Ana Avenue (jack and bore), 150 feet, 10 feet deep • Newport Blvd (HDD), 500 feet, 40 feet deep HDD and jack and bore construction will be used to accomplish these major highway crossings. Additional information regarding the estimated cost of special construction is located in Exhibit B. Route 3 The limits of Route 3 begin at the proposed Delhi Channel Diversion Facility Pump Station and end with the pipeline connection to the manhole upstream of the existing Irvine Boulevard Pump Station, which is an existing system owned and operated by CMSD. Wastewater collected at the Irvine Boulevard Pump URS 21 25F -153 Preliminary Design Report Addendum No.2 Station can be further pumped to the Elden Pump station through a 14" FM and then ultimately discharge to the OCSD trunk main, which is the manhole upstream of the end connection points of Routes 1 and 2. This route begins at the proposed diversion facility location and proceeds west to cross under the Delhi Channel and continues southwest along the Delhi Channel within the Newport Beach Golf Course. The route continues within an existing Orange County sanitary sewer easement to the Irvine Avenue ROW and ends at an existing manhole located east of Irvine Avenue and north of Mesa Drive. Pipeline Length Route 3 is approximately 1,962 feet in length. Public Inconvenience & Safety Minor public inconveniences will occur within Route 3 when constructing along the roadway due to equipment placement, work vehicles, etc. The beginning of route 3 will also require that an easement be obtained from the Newport Beach Golf Course. The majority of the route is within ROW and will require minimal maintenance of traffic (MOT). There is also minimal impact due to reduced pipeline route length and the number of crossings of major intersections. Per earlier discussion with CMSD, which is the local sewer collection owner for Route 3, the existing CMSD system can take a maximum of 90,000 gallon per day discharge from the Delhi Channel with 300 gpm pumping capacity over the low peak time window from 12:00 pm to 5:00 am. Right of Way Availability Route 3 uses existing rights -of -way along the majority of the route. The following properties will need permanent construction easements acquired from private landowners: Newport Beach Golf Course, 20 feet wide by 250 feet long 20321 -20371 Irvine Avenue, 20 feet by 400 feet long (this study will consider existing the sanitary easement per OC parcel map no. 89 -128) Operation and Maintenance The existing Irvine Pump Station and Elden Pump Station will be impacted by additional flow from the Project. Although there is no change expected for the existing pump stations, these pumps will be running longer and start/stop more frequently, and thus could potentially increase the future operation and maintenance costs. There is extra operational cost associated with energy cost for pumping water three times before entering the OCSD trunk main along with the potential increased O &M cost for the existing CMSD sewer collection system. The energy cost will be addressed upon the completion of the hydraulic calculations of the preferred alternative routes. URS 22 25F -154 Preliminary Design Report Addendum No.2 Special Construction Trenchless construction techniques will be used for all pipeline crossings of major highways to avoid disruption in vehicular traffic. Route 3 contains one crossing, which will require special coordination and involvement with the applicable agencies. • Delhi Channel (HDD), 300 feet, 30 feet deep • Newport Beach Golf Course continue through 2031 Irvine Avenue (HDD), 600 feet, 10 feet deep HDD and jack and bore construction will be used to accomplish these major highway crossings. Additional information regarding the estimated cost of special construction is located in Exhibit B. Downstream Existing Pump Station Improvements Route 3 will divert flow into MCSD's existing sewer system, before it can enter the OCSD's sewer trunk main. The pump stations that will be impacted are the Irvine Sewer Lift Station and Elden Sewer Lift Station. The Irvine Pump Station was rehabilitated and upgraded in 2007. The most recent improvement for the Elden Pump Station was in 1990. The Irvine Pump Station is a duplex pump station equipped with two Flygt NP3202 Type MT, 8 "X8" submersible pumps with 60 HP motors. The Irvine Pump Station consists of two emergency storage vaults in addition to storage capacity in wet wells and sewer manholes at the pump station. The Elden Pump Station is also a duplex pump station equipped with Flygt CP -3300 pumps each with 60 HP motors. In this preliminary phase, we do not have detail design flow and head information of these two pump stations, and for rough cost estimation we assumed that both existing pump station wet wells and structures can be reused. Pumps will be replaced with slightly larger pumps from the same manufacturer ( Flygt), and the controls will remain in place. The installation cost of two new pumps to the existing Irvine and Ellden Pump Stations is estimated to be approximately $100,000 for each pump station. By including contingency of 100 %, the downstream existing pump station improvements are estimated to be approximately $400,000. Route 4 The limits of Route 4 begin at the proposed Delhi Channel Diversion Facility Pump Station and end with the pipeline connection to the existing OCSD's 27" diameter trunk main at the intersection of MacArthur Boulevard and Birch Street. This route begins at the proposed diversion facility location and proceeds north, crossing the Newport Beach Golf course, southeast to Bristol Street ROW, crossing Corona Del Mar Freeway, through the bridge's existing utility crossing structures, and continues southeast to Birch Street within the ROW. The route continues northeast within the Birch Street ROW to MacArthur Boulevard, ending at an existing manhole on the northwest corner of the MacArthur Boulevard and Birch Street intersection. Pipeline Length Route 4 is approximately 7,132 feet in length. Public Inconvenience & Safety The public inconveniences for Route 4 when constructing along the roadway include the major crossing at Corona Del Mar Freeway (including Bristol Street S. and Bristol Street. N) and two street crossings on URS 23 25F -155 Preliminary Design Report Addendum No.2 Birch Street at Quail Street and Dove Street, all of which are close to John Wayne Airport. The beginning of Route 4 will require an easement to be obtained from Newport Beach Golf Course. The majority of the route is within ROW and will require maintenance of traffic (MOT). When possible, a trenchless method of construction will be used to cross major intersections to minimize lane closures along the route. Right of Way Availability The OC Public Works land use records indicate that a portion of Birch Street parallel to Campus Drive is within a private tract (from Bristol Street N. to Dove Street, OC Tract No. 3201), and therefore Route 4 goes along Campus Drive for the majority of the route. The following properties will need permanent construction easements acquired from private landowners: • Newport Beach Golf Course, 20 feet wide by 1,000 feet long Operation and Maintenance This section will be addressed upon the completion of the hydraulic calculations of the preferred alternative routes. Special Construction Trenchless construction techniques will be used for all pipeline crossings of major highways to avoid disruption in vehicular traffic. Route 1 contains three crossings which will require special coordination and involvement with the applicable agencies. • Newport Beach Golf Course (HDD), 1,000 feet, 10 feet deep • Campus Drive. (jack and bore), 150 feet, 10 feet deep • Birch St. (jack and bore), 60 feet, 10 feet deep HDD and jack and bore construction will be used to accomplish these major highway crossings. Additional information regarding the estimated cost of special construction is located in Exhibit B Route 5 The limits of Route 5 begin at the proposed Delhi Channel Diversion Facility Pump Station and end with the pipeline connection to the existing OCSD's 15" diameter trunk main at the intersection of MacArthur Boulevard and Campus Drive. This route begins at the proposed diversion facility location and proceeds north across Newport Beach Golf course to Bristol Street SE ROW, crossing Corona Del Mar Freeway using an existing utility crossing structure, and continues northeast on Campus Drive within the ROW. The route continues northeast within the Campus Drive ROW to MacArthur Blvd, ending at an existing manhole on the northwest corner of the intersection of MacArthur Boulevard and Campus Drive. Pipeline Length Route 5 is approximately 7,566 feet in length. Public Inconvenience & Safety The public inconveniences within Route 5 when constructing along the roadway include the major crossings of the Corona Del Mar Freeway (including Bristol Street S. and Bristol Street N). Campus Drive is on the premises of John Wayne Airport. The beginning of route 5 will require an easement to be UR.S 24 25F -156 Preliminary Design Report Addendum No.2 obtained from the Newport Beach Golf Course. The majority of the route is within ROW and will require maintenance of traffic (MOT). When possible, a trenchless method of construction will be used to cross major intersections to minimize lane closures along the route. Right of Way Availability Route 5 will use the easement on the Newport Beach Golf course to cross the Corona Del Mar Freeway, and therefore an easement must be obtained from owner of the golf course. The following properties will need permanent construction easements acquired from private landowners: • Newport Beach Golf Course, 20 feet wide by 1,000 feet long Operation and Maintenance This section will be addressed upon the completion of the hydraulic calculations of the preferred alternative routes. Special Construction Trenchless construction techniques will be used for all pipeline crossings of major highways to avoid disruption in vehicular traffic. Route 5 contains three crossings which will require special coordination and involvement with the applicable agencies. • Newport Beach Golf Course (HDD), 1,000 feet, 10 feet deep HDD and jack and bore construction will be used to accomplish these major highway crossings. Additional information regarding the estimated cost of special construction is located in Exhibit B. 4.4 EVALUATION AND COMPARISON OF ALTERNATIVE PIPELINE ROUTES 4.4.1 Cost Estimate Software The conveyance pipeline cost estimate was developed using the Tabula 3.1 software. 4.4.2 Pipeline Construction Cost Preliminary construction costs for the routes have been estimated for route comparison purposes. Table 4- 1 lists the preliminary construction cost for each route based on pipe material, installation, crossings, special construction, and surface restoration. Detailed construction cost analysis for the five different routes can be found in Appendix A- 4. Table 4- 1 Preliminary Construction Cost of Force Main Installation Route Approximate Length (ft) Cost of Installation Cost/LF 1 10,442 2,900,000 278 2 10,773 2,080,000 193 3 1,900 961,000 506 4 6,886 2,390,000 347 5 7,150 2,060,000 288 URS 25 25F -157 Preliminary Design Report Addendum No.2 For cost estimation purposes, the pipe material is considered to be ductile iron with HDPE pipe when HDD is proposed. Road crossings, which also include canal crossings, were evaluated to determine the construction method needed (i.e. open cut, HDD, or jack and bore) and cost associated with each method was included in this cost estimate. The preliminary cost estimate was developed using the Tabula 3.1 Conveyance System Estimate Software. Tabula is a computer program that has been developed by King County to provide conveyance cost estimates at the planning level. Costs related to surface restoration includes the restoration of any disrupted surface whether it is roadway, sidewalk, or undisturbed landscape. A detailed breakdown of the cost estimate is located in Exhibit B. According to these criteria the most favorable routes based on construction cost of installation in each section, shown in italics, are Routes 3 and 5respectively. 4.4.3 Pump Energy Cost Preliminary hydraulic analysis and estimated pump horse power based on elevations and hydraulic friction loss of the FM are summarized below for each route. The energy consumption is relatively small as compared to the large difference of capital cost for the pipeline construction. Detailed hydraulic analysis for the five different Routes can be found in Appendix A- 5. Preliminary power consumption costs for different routes have been estimated for route comparison purposes. Table 4- 2 Preliminary Estimate of Power Consumption Route Pump Head (ft) Pump Horse Power (HP) Annual Energy Cost 1 84 2.6 369 2 85 2.7 373 3 21 0.7 93 4 62 2.0 274 5 63 2.0 278 Note: 0.10 dollar/Kwh, 5 hours per day continuous pumping 4.4.4 Non - Cost - Identifiable Evaluation Development /Ranking of Criteria The alternative pipeline routes in each section have been evaluated and compared on the basis of an array of non -cost identifiable criteria. For purposes of evaluation, these criteria are assumed to have little or no cost value. The non -cost identifiable criteria are possible characteristics or special requirements associated with each route. Although they are not evaluated with a cost value, these criteria are of critical importance in determining the appropriate route. The non -cost identifiable criteria developed for this evaluation are shown in Table 4 -3. URS 26 25F -158 Preliminary Design Report Addendum No.2 Table 4- 3 Non -Cost Identifiable Route Evaluation Criteria Criteria Impacts Pipeline Length - Duration of construction; date of initial operation - Number of pipe joints and potential latent defects - Number of appurtenances requiring O &M - Duration of public inconvenience Public Inconvenience - Number and duration of roadway /lane closures 1 - Traffic volume along route Special Crossings - Duration of construction 5 - Permitting 40 - Future maintenance accessibility ROW /Easement Availability - Administrative, surveying and engineering costs 18 - Design and bidding schedules Operation and Maintenance - O &M convenience 2 - Maintenance accessibility An evaluation matrix is a convenient tool for identifying priority criteria for each alternative route. The matrix is a method of rating each route against each of the 10 weighted non -cost identifiable route selection criteria previously discussed. The weight for cost used is 40 in addition to the six non -cost factors with a total of 100. The alternative routes in each section have been evaluated on the basis of non- cost identifiable criteria using the "Route Evaluation Matrix." Each alternative route was compared and rated against the cost and non -cost identifiable criteria on a scale of 1 (poor) to 10 (excellent). A weight factor was applied to each criteria rating for each route. The overall weighted scores for each route are summarized in Table 44. Table 4- 4 Route Evaluation Weighted Overall Scores Route Weight 1 2 3* 4 5 Cost 40 13 18 40 18 19 Pipeline Length 10 2 2 10 3 3 Public Inconvenience 10 5 5 10 5 5 Special Crossings 10 3 5 5 5 10 ROW/EasementAvailability 10 3 5 5 t0 10 Operation and Maintenance 10 10 10 0 10 10 Weighted Overall Scores 100 36 45 70 50 56 * Most Preferred Route Italicized values in Table 411 indicate the most preferred route in that particular section based on the selected non -cost identifiers in Table 4 -3. The most favorable routes are Route 3 and 5. URS 27 25F -159 Preliminary Design Report Addendum No.2 4.5 ROUTE RECOMMENDATION For each alternative, basic data, including but not limited to, aerial photography, utility data, property maps, wetlands, and long -range planning were evaluated and supplemented with field reconnaissance. Two preferred alternative routes were identified and further evaluated below. The two preferred route corridors were selected to be the least - disruptive, safest, and most cost - effective alignment for each route of the alternative alignments. 4.5.1 Preferred Alternative Routes Preferred Route —Route No. 3 Below is a list of the estimated total quantities for preferred Route 3: • 1,900 LF • One easement to be acquired • Two special crossings • Irvine and Elden Pump Stations upgrade (cost not included) Preferred Route — Route No. 5 Below is a list of the estimated total quantities for Preferred Route 5: • 7,566 LF • One easement to be acquired • Three special crossings 4.5.2 Estimated Route Cost The overall estimated construction cost for the two preferred alternative routes are as follows: Preferred Route 3 $861,000 Preferred Route 5 $2,060,000 Preferred Route 3 has the lowest construction cost. 4.5.3 Recommended Route Based on the comprehensive evaluation presented herein, Preferred Route 3 and 5 arethe recommended routes. URS 28 25F -160 Preliminary Design Report Addendum No.2 5.0 COST EVALUATION In this section, the alternatives developed for the Delhi Diversion Facility have been evaluated for cost - effectiveness. The conceptual costs include capital, and operation and maintenance costs. Capital costs were considered for the Diversion Facilities, conveyance piping and pump stations. 5.1 CAPITAL COSTS The original estimated costs of the Urban Discharge Water Diversion System that was presented in the Santa Ana Delhi Channel Diversion Project, Preliminary Design Report Dated July 31, 2012, which incorporated a new pump station and force main, were approximately $3,430,500. The PDR addendum No. 1 dated August 2014 had an estimated cost of $3.7 M. The estimated construction costs for the Santa Ana Delhi Diversion and Treatment System are presented below: Option A — In- channel structure Rubber Dam, Force Main Route 3 Option B - In- channel structure Rubber Dam, Force Main Route 5 Option C — In- channel structure Radial Gates, Force Main Route 3 Option B - In- channel structure Radial Gates, Force Main Route 5 The estimated cost has been revised based on several updates. The original cost estimate for radial gates was $250,000 and has revised to $970,000. Cost for four water storage tanks of $184,000 which were added to the updated version. It is also critical that if the golf course will not be able to accept the harvested flow for irrigation, then all the harvested dry- weather flow will have to be pumped to OCSD trunk main. Subsequently, an increased cost of $961,000 for the 8" FM routing to the nearby CMSD sewer connection location increases the cost of the FM routing to the OCSD trunk main to $2,060,000. This is a significant increase compared to $1,125,000 for the Addendum No. 1 cost estimate for the 4" FM. Table 4- 5 Cost Estimates for Four Alternative Options Item # Item Description Estimated Cost 1.0 Mobilization (not to exceed 5% of the total contract) $169,000 2.0 Preparation of Construction Management Plan $10,000 3.0 SWPPP maintenance (0.5% of construction cost) $17,000 4.0 Surveying and construction staking (not to exceed 2% of the total contract) $67,000 5.0 Permits OCFC, ACOE, Fish & Game, OCSD) $15,000 6.0 Traffic control (5% of construction cost) $169,000 7.0 Clearing and grubbing (5% of Construction Costs) $169,000 8.0 Temporary shoring including removal of top five feet $360,000 9.0 Site unclassified excavation including stockpiling and export $167,000 ults 29 25F -161 Preliminary Design Report Addendum No.2 Item # Item Description Estimated Cost 10.0 -Site backfill including imported material and compaction $75,000 11.0 A Radial Gate $970,000 11.0 B Rubber Dam $380,000 4-2-.0 Rt sB $9 13.0 Three Chamber Clarifier $495,000 14.0 Water Storage Tank $140,000 15.0 RCP $36,000 15.0 Diversion Pump Station / Disinfection $515,000 16.0 A 8" Force Main (Route 3) $961,000 16.0 B 8" Force Main (Route 5) $2,060,000 17.0 Demolition $67,500 18.0 1 Electrical $150,000 Option A - Rubber Dam, FM Route 3 Subtotal $3,957,000 10% Contingency $396,000 Design Costs (Engineering, Survey, Environmental, Const. Support) $338,100 Construction Management Costs $514,575 Base Bid $5,206,000 Option B - Rubber Dam, FM Route 5 Subtotal $5,056,000 10% Contingency $506,000 Design Costs (Engineering, Survey, Environmental, Const. Support) $338,100 Construction Management Costs $514,575 Base Bid $6,415,000 Option C - Radial Gates, FM Route 3 Subtotal $4,547,000 10% Contingency $455,000 Design Costs (Engineering, Survey, Environmental, Const. Support) $338,100 Construction Management Costs $514,575 Base Bid $5,855,000 Option D - Radial Gates, FM Route 5 Subtotal $5,646,000 10% Contingency $565,000 Design Costs (Engineering, Survey, Environmental, Const. Support) $338,100 Construction Management Costs $514,575 Base Bid $7,064,000 UR.S 30 25F -162 Preliminary Design Report Addendum No.2 5.2 OPERATIONS AND MAINTENANCE COSTS As part of the cost evaluation, annual operation and maintenance costs including labor, power consumption, and miscellaneous costs have been developed for each alternative, as explained below: • Power costs were based on total estimated power consumption to run each facility. • Labor costs at each facility include maintenance personnel for seasonal cleaning, O &M at the Diversion Facility; annual inspection; and maintenance at the pump station facility. Miscellaneous costs include Rehabilitation and Repair (R &R) cost, parts, utilities, and general operating supplies. Table 4 -6 presents a summary of the Fiscal Year 2014 Operation and Maintenance Costs for each alternative. The table shows the distribution of operation and maintenance costs spread with percentages of costs for the power, labor and the miscellaneous costs, and their respective percentage of total capital cost for each option. Table 4 -6 shows the O&M costs only account for 0.2 to 0.4 percent of the capital cost. Therefore the cost estimate of the project options are mainly decided by the capital costs, and are not impacted much by the O &M costs. Table 4- 6 O &M Cost Estimates for Four Alternative Options Description Unit Option A Rubber Dam FM Route 3 Option B Rubber Dam FM Route 5 Option C Radial Gates FM Route 3 Option D Radial Gates FM Route 5 Power Required for Pump kwh/yr 930 2,780 930 2,780 Power Required for Blower kwh/yr 2,500 2,500 Total Yearly Power Cost $ /yr 343 278 343 278 Labor Total Yearly Labor Cost 2 $ /yr 3,048 3,048 3,048 3,048 Miscellaneous Debris Cleaning (30 tons annually) 3 $ /yr 5,500 5,500 5,500 5500 Miscellaneous R &R Costs 4 $ /yr 12,000 12,000 6,000 6,000 Total Annual O &M Cost $ /yr 20,891 20,826 14,891 14,826 Annual O &M Percentage of Capital Cost % 0.4 0.3 0.3 0.2 Notes: 1. 50Kw blower, 10 times, each time runs for 5 hours 2.40 Hours for O &M labor, Labor Hour + OT and tools is estimated to be $76.20/hr 3. 50% of LA County average debris cleaning cost Source: http:// dpw. lacounty. gov/ epd /aboutthebag/pdf%5CDWAB_BC.pdf 4. 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J��m (N(QQIU�•� ��N (�m�•N _�U}•�J �It� m �Ur•� O O m W W II II a W W c_ U _ U II o Pi 6 II (b Q1 9 ry 8 5 rg N $' UIDi II II' N N W z z R o R n n a n z u, > a � v 0 (y) uoyenal3 (Y) uopenal3 (y) uoyenal3 W m II II o m c c m`5 m`6 z rn°6 f� II U ,r II U U I ^ 5 L c m e F fl II 'pn _L ID p p � R N z R o R n z > a a d a 0 xaR W �� nom m ApRmmsvg (y) uopen813 (Y) uopen913 (y) uoyenal3 25F -214 j E § \ k & .% ± E / 25F-215 { 0 \, �e2/ � !; . z ^� £1; {\\ •7 \� ;E 25? m_o *_w m_w IN { 0 \, �e2/ � !; . z ^� £1; {\\ •7 \� ;E 25? m_o *_w m_w IN \, \; � \/ \ .! \a ) CE < w = = a ma,aa,mZZZ ,�ai2vir m_e m_e m_m N O z E cc O C O Q O N c N d i C E 25F -216 a � {IIII I1II`I1I yIII x CIS c yiII IIII{ JIII �I� o t � x r�� �•A r� �p 5 �•A �p �p @ 5 0 m m5151 0 m o 0 a r 5 r r 11 n II w c r c K o o � o U c Y R 5 U t& F A 6 U t r R fi m c m c 2 2 o R v R o R z � —u°fr z -S II II II a a= R 5 na10j u'1 � (y) Uopene13 (y) 001Iene13 �w (y) u0pene13 25F -216 a � {IIII I1II`I1I yIII x CIS c yiII IIII{ JIII �I� o t � x r�� �•A r� �p 5 �•A �p �p @ 5 o m5151 o �IS Im•� o 5 r r K K � ry c m c m c 2 2 2 ufr S us S —u°fr -S R 5 na10j u'1 � �w w �w p g o g o g N vZj II N II II i > > (y) u0pene13 (y) uopene13 (y) Uo!Ienel3 25F -216 N O z E cm 7 a C O a a Q i Q d c .N 0 i a` 25F -217 JII x.111I E y N O � n II r II au II v v c m c 11 N o� o� II N o II 11 N II S' N N t z z p R p R p R z $ II II c ro z II c n mfr d rc mfr R m m; ° (y) u09ene13 (y) MR-13 (4) uaUenal3 25F -217 11 N II Vl II N N W C N t z z z 'c `ro c ro c n mfr mfr mfr z z z rn u rn n rn n > > > A FA Rm �4 � Rm`�°. -�� '° rFJRmmo�om�o v° (y) oou '.13 (y) Uogen013 (Y) Uogenei3 25F -217 N O z 7 C O Q O Q� N N 0 a 25F -218 m O (p V N � < tp m m II II K 8r II K �i K 8i N C d II m � U N N Q vii N$ m W$ In o g o R ❑ g II U II U N N uZj n v o K � K N ELI RI m tP0 < v OO 0 N 4 N iY is 0 so v m Q lg iy tV m b b b V (Y) eollena13 (Y) -Wp -13 Z II (Y) uo!lenel3 25F -218 II II II ro f II U �_ II U II U A_ Z II Z II Q Z II j a O > a ry > a (y) uoyenal3 lY) uoyenal3 (Y) uo!lenel3 25F -218 N O z E c a� CL C 07 d L E W a` m o N o W II II II d m v c c c o g o o $ II Uqq .0 II U C II U C Q Q Q z z z m ° d v v o! a rc r4 am_ r5! Vm,t omm (y)uoyena13 (y) uopenel3 (y) oopena13 o � 5 5 �Im•� o � 5 � IQC�•A a �I� � IQI Ce•R m m m m N m � K K W N N C C 2 2 2 mfi mfr mfi Lill Q Q Q 2 Z } Z m m m 11 II II N N N (y) uopenel3 (y) uopene13 (y) uopenel3 25F -219 N O z O a C d a a O Q cm co N d 0 L E 0 l Ij}y}II yyyy 9 JIj Ij}j}III m m o m m m m m � N N II II fL p1 N a 0 II �9 K Q Q � Z Z Q y � Z II II (n y`I `y II a (Y)uogenal3 (Y7 uopenal3 (Y) uopenal3 25F -220 S.U.0 l Ij}y}II yyyy 9 JIj Ij}j}III m m o m m m m m � N N II II fL p1 N a 0 II �9 K Q Q � Z Z Q y � Z II II (n y`I `y II a (Y)uogenal3 (Y7 uopenal3 (Y) uopenal3 25F -220 N O z 7 c \y L C Q Na) ccm cu ai Q E d 25F -221 � ��5 $�� � �•� �•� 5 m N � o N Sm l�l�•� 0 N �I�I II II II N C W C N .O .O .O w m m G 2 2 g C 2 0 °5 o R o R o R ¢ C II w � 11 U z m II z z In II z N II ui 0 I- � ti K fL K U U U (Y) oogen813 (y) uopenal3 (y) uopena13 25F -221 � ��5 $�� � �•� �•� 5 a � o Sm l�l�•� o �I�I u N u N u N K K K w m m G 2 2 g C 2 0 °5 m m5 m`5 II w C II w � 11 U ui �i I- � ti aw, poi Kw U U U z z z N II N II N II (yf uopenal3 (y) uogene13 (y) uogene13 25F -221 N O Z E O a c a a O CL c rn .N d im T co L L a 25F -222 0 0 8 N II f/1 K � N 2 � t5 fi - b mfi � 11 U p � ID Z 3 (/J II N W) ua�enel3 25F -222 Preliminary Design Report Addendum No.2 Appendix A- 3 Diversion Facility Hydraulic Calculation 25F -223 Preliminary Design Report Addendum No.2 25F -224 jJOh Ne. 38001549 ICa1c Na. _� Computation M Pr,i Both Charnel Dlvendn Facility J. IDao _ sygo„ not, 712312014 5.68 Hnobablik, Prefilis for 04 CFSIntercept FlowlDrv� ) re,-.ea J. taw Taro System Hydraulics, _ 1. u-n. Fmw Destgn Flow Condition, Head LOSS FLOW CONDIPON CFS MOD limeminvideol Flavc6 0.4 1 026 Oos9n HGL Head ion HDL Invert M. 100 cfs 100 cfs ft Inlet Pipe Intake Point 000 6.06 5.63 Imm PDR Pre ComseScemn Chamber 000 6.06 Post Course- screen Chamber 000 6.05 Pre Finescreen Chamber 0.09 6.05 Fine -smeen Weir Crest 002 6.02 fi.W Post Finescreen Effluent Chamber 000 5.66 1.66 Note: 4 feel min submergence Oubet Pipe Dachage Point 000 6w-- 0 Wet Pipe Discharge Point am PDR Total Headman, 0.00 Gi'.en M1eaipllon Vdlua Design C-lactor 120 L., raw URS proposed deader design details Head Loa Head Los �m�ioo��n Pipe O (N1000 R) K V V.I. (ft of H2O) SlzelDeacripbon Dia. Length Head (In) (ft) (mgd) C Values (fps) Of C Values Total 02fi 1110 120 IDO 120 SaMChamberto Meter Box Entrance 48 0.26 0 0 0.50 0.03183 0,00002 0.000008 0.000009 Exit LOSS 4a 026 0 0 LW 003183 0.00002 O.GOOD16 0000016 Data (open) 48 026 0 0 0.00 003183 0.00002 0.0000W OOOOOW Pipe 48 5p 026 0 0 003183 0.00002 0.000010 OOOOW] Total Head Loa= 0.000034 0.000031 Description Mechanical Bar $men (Course Screen) Max Velocity (fps) through open area 4 Obggirg Factor 05 Clear Spacing BeMeen Bare (in) 3 Wldtb ofcourse bar (M 20 thickness of bar (I.) 0.5 imea of lnflumit Chamber (4) 583 Water Depth in Influent Chamber (ft) 038 had and co enge to K1] -56 0.38 Velocity thmugh Impips) 0.12 Heaaoss through the course bar (0) 0.00 h=00]29(V^MV), where v in m e, h in nl Description BsMe Wall NumbazofbaMuewalis Numbermusifices Orifice Haight(it) MQ=O.R'A'epf2,,h) Orifice Width (0) Velocity through Defoe (fps) Headoss ibroigh cafice(fl) 25F -224 5.68 25F -224 Preliminary Design Report Addendum No.2 Figure A -24. Hydraulic Profile for 0.4 cfs Intercept Flow (Dry- weather) 25F -225 Description Broad Created Weir War Widlh(ft) 20 Warre,doleht 3.33 Hescloss though Weir (it) 0.02 Description Fine Screen Max Velmity (Iles) though open area 4.0 Clogging Facfor 015 Clear Specin, Belwe,n Bans(in) 0.5 Milan of muree bar (it) 20 3MOkne.a of her (in) 0.375 ]need of Fine Screen Chamber (it) 6 Water Depthln Fine Screen Chaober(0) 0.055 tnatantlmmeyeto K19-L20 = 00599,1069 Velocity through bar(fpa) 1.27 Hairdos. though the course bur (it) 0101 h= 00]29(V^ -N^2). where in roles, h in in Head Loss Heed Lose File, D (W1000 fl) K V V.I. (8 of H2O) Sizeloescdption of.. Length Head (in) (a) (o9d) CVaWas (flea) (a) CValues Total 1 0.26 1 100 1 120 100 120 SaMChamberto Meter Sm Ent2nce 98 026 0 0 O.W 003183 0.00002 0.000008 0.000008 Ezgt.oss 48 0.26 0 0 100 0.03183 0.00002 0.000016 0.000016 Gffie(open) a0 0.26 0 0 0.00 0.03183 0.00002 0.000000 0.000000 Pipe 48 50 1 0.26 0 0 0.03183 0.00002 0.000010 0.110000] Total Head Los.= 0.000039 0.000031 Figure A -24. Hydraulic Profile for 0.4 cfs Intercept Flow (Dry- weather) 25F -225 Preliminary Design Report Addendum No.2 25F -226 taro xe. 38001549 Isomer. i.fi] Computation n 10.09 i.Oi 980 a NIN Charnel DI 'n Famflity J. 2hao pet. 1I2N2014 Hydraulic Profile br 100 CFS Max Intention Flow (Wet - weather) IHe.een J. LOIg System Hydraulics _ I Oare Design Flow Cartoons Head Lose O8I 0.62 ].W ,ley.— lcom ocn o, Oevae Fbn 16> FLOW CONDDION CFS MGD Inters eC Flmycls 100.0 64.63 Dswam HGL Head LOSS HGL Invert EL. 100 cfs 100 Ch Inlet Pipe Intake Point fipm PDR Pre Coumescmen Chamber Post Course screen Chamber Pre Fine - screen Chamber g Finescmen Wea Crest Past Fine screen Effluent Chamber Outlet Pipe Discharge Point Outlet Pipe Discharge Point firm PDR Total Heabloss 6.06 Garen 6acriptlon Yalue Design C -kctor 120 Leycar DRS proposed Ganfiertlesign details Head Loss Head Loss carouraeeoa Pipe 0 (N1000 R) K V V.I. Bt of H2O) SlxelDescri Dia. Length Head (In) (ft) (mgd) CValues (fps) (ft) 0Values Total 64.63 100 120 Sa wmar b it to Meter Box Entrance 48 64.63' 6 4 0.50 ].95P5 0.96332 659 Exit LOSS 64.fi3 6 4 I.Op ].95P5 898332 "O.NnI90.�19 319 Gate(open) 4B 6463 6 4 000 ].9l 098332 00o Pipe 48 50 64.63 6 4 '!.95175 098332 202 Total Head Lon= 1.752689 1.673180 Naeripilan Mechaniesl Bar Semen(COUrse SCmen) Max Velocity (fps) thine lb open area 4 Clogging Factor 0.5 Gear Spacing Between eam(in) 3 Width of course bar (ft) 20 Thickness of bar (in) 0.5 Imert of Influent Chamber (11) 5'83 Water Depth in Influent Chamber (ft) 4 Velocity through bar (fps) 2.92 Heedless though the course bar (ft) 0.21 Iw0.0]29 V"2-vla2), wliero V N thal h in m Denriptlon Baffia Wall Number of ball walls Numberefoefice, Onfice Height (ft) It0=162-iWalt(29h) Orifice With (ft) Velocity through Coffee (fps) Headley through edfice(ft) 25F -226 i.fi] 11 ]6 0.21 10.09 i.Oi 980 0.90 O8I 0.62 ].W 0.00 7.35 16> ].35 Description Weir Width (ft) Weir CoePlcient Headloss through Weir (ft) Oescrlptlon M. Velocity (tps) though open area Clogging Fisher Clear Spacing Between Bars (in) Width of course bar(a) Thickness of bar (in) In ert of Fine Screen Clambar(t) Water Depth in Fine Screen Chamber Velocity thmugh bar (ens) Headloss though the course bar (111) Pipe Sizelm Wi peon Oia. Length (in) fat Preliminary Design Report Addendum No.2 Broad Crested Weir P 0. 2g 3.33 62 Ent arce Exit Loss Gate (open) Pipe end con,"" t0 K19 -L20 = 2.87490157 48 .0]29(VMMv ), satieee vin naps, hinm 6 4 0.5A Head Loss 0.96332 0.491659 Head Loss Q (N1g60 ft) K V V.I. (ft of H2O) 4 1.00 Head 0.90332 (mad) C Values frael fftl C Values Total I I 64.63 100 120 100 120 Sandchamber to Meter Box 48 6463 6 4 0.5A T.95P5 0.96332 0.491659 0.491659 48 64.63 6 4 1.00 T.95T]5 0.90332 0.963319 0.983319 48 64.63 6 4 1 0.00 7.95T15 0.96332 0.000000 0.000000 48 o„g 61.63 6 4 1 195P5 0.96332 0.277711 0.196202 Figure A -2 -5. Hydraulic Profile for 100 cfs Intercept Flow (Wet - weather) 25F -227 Preliminary Design Report Addendum No.2 Appendix A- 4 Routing Analysis Force Main Construction Cost Estimation 25F -228 Preliminary Design Report Addendum No.2 Cost Calcillations for Pipe: Santa Ana Delhi Diversion FM Route No. 1 Printed date: 06/2012014 Project year: 2014 The estimated constniction cost below, which includes contactor overhead and profit, is forplanning purposes only. The output does NOT include contingency, sales tax, or allied costs (design, permitting, construction management, etc. ). Constriction Year: 2014 Length: 9392 ft Conduit Type: Force Main Depth of Cover: 6 ft Trench Backfill Type: Imported Disposal Type: No Disposal Cost Manhole Spacing: None Existing Utilities: Complex Dewatenng: None Pavement Restoration: Trench Width Traffic: Light Land Acquisition: None Required Easements: None Land Adjustment Factor: King County Average Trench Safety: Standard Pipe Diameter: 8 in. Outer Diameter 0.754 ft Trench Width 3.48 ft Excavation Depth 7.75 ft Complete Surface Rest. Width 5.48 ft Unit Costs (Basis 2008) Ttem Qunnfi4r TTnk Unit Cud Tte+n Cn4 Excavation 9,390.0 CY 13.00 12200 Backfill 6,050.0 CY 34.00 206,000 Complete Pavement Restoration 5,720.0 SY 86.00 492,000 Trench Safety 146,000.0 SF 0.53 77,200 Spoil Load and Haul 9,390.0 CY 16.00 150,000 Pipe Unit Material Cost 9,390.0 If 30.00 282,000 Pipe Installation 9,390.0 If 22.00 207,000 Place Pipe Zone Fill 3,180.0 CY 34.00 108,000 Existing Utilities 9,390.0 If 32.00 301,000 Traffic Control 9.390.0 If 8.00 75. 100 25F -229 Preliminary Design Report Addendum No.2 Year 2008 Subtotal $2,020,000 Mobilization'Demobilization at 6% 1.06 Multiplier from ENRCCI 8815 (2008) to 9552 (2014) 1.08 Effective Multiplier 1.15 Construction Year 2014 Subtotal $2,320,000 Sub Items Name •type Year Lost— M "1T M1..4 rn�t Delhi Channel (HDD), 300 feet, 30 feet depth Horizontally Drilled Pipe 2014 91,700 1.00 91,700 Newport Beach Golf Cow-se continue through 2031 Irvin Ave. (HDD), 600 feet, 10 feet del Horizontally Drilled Pipe 2014 219,000 1.00 219,000 Santa Ana Ave (Jack & Bore), 150 feet. 10 feet depth Jack and Bore 2014 268,000 1.00 168000 Year 2008 Subtotal $579,000 Year 2014 Total: $2,900,000 25F -230 Preliminary Design Report Addendum No.2 Cost Cakulations for Pipe: Santa Ana Delhi Diversion FM Route No. 2 Printed date : 06/20/2014 Project year: 2014 The estimated construction cost below, which includes contractor overhead and profit, is for planning purposes only. The output does NOT include contingenc14 sales tax, or allied costs (design, permitting, construction management etc. ). Construction Year: 2014 Length: 9730 ft Conduit Type: Force Main Depth of Cover: 6 ft Trench Backfill Type: Imported Disposal Type: No Disposal Cost Manhole Spacing: None Existing Utilities: Complex Dewatering: None Pavement Restoration: Trench Width Traffic: Light Land Acquisition: None Required Easements: None Land Adjustment Factor: King County Average Trench Safety: Standard Pipe Diameter: 8 in. Outer Diameter 0.754 ft Trench Width 3.48 ft Excavation Depth 7.75 ft Complete Surface Rest. Width 5.48 ft Unit Costs (Basis 2008) Item QJigntity TTnit Unit Cmt Ttem Cnct Excavation 9,730.0 CY 13.00 126,000 Backfill 6,270.0 CY 34.00 213,000 Complete Pavement Restoration 5,920.0 SY 86.00 510,000 Trench Safety 151,000.0 SF 0.53 80,000 Spoil Load and Raul 9,730.0 CY 16.00 156,000 Pipe Unit Material Cost 9,730.0 If 30.00 292,000 Pipe Installation 9.730.0 If 22.00 214,000 Place Pipe Zone Fill 3.290.0 CY 34.00 112,000 Existing Utilities 9,730.0 If 32.00 311,000 Traffic Control 9.730.0 If 8.00 77.800 25F -231 Preliminary Design Report Addendum No.2 Year 2008 Subtotal $2,090,000 Mobilization/Demobilization at 6% 1.06 Multiplier from ENRCCI 8815 (2008) to 9552 (2014) 1.08 Effective Multiplier 1.15 Construction Year 2014 Subtotal $2,400,000 Sub Items NnnlP Tjl= P V021. rnQt M"ltiPUPT In 1,1 rnct Delhi Channel (HDD), 300 feet. 30 feet depth Horizontally Drilled Pipe 2014 91,700 1.00 91,700 Newport Beach Golf Course continue through 2031 In-in Ave. (HDD). 600 feet, 10 feet del Horizontally Drilled Pipe 2014 219,000 1.00 219,000 Santa Ana Ave (Jack S Bore), 150 feet, 10 feet depth Jack and Bore 2014 268,000 1.00 26R 000 Year 2008 Subtotal $579,000 Year 2014 Total: $2,980,000 25F -232 Preliminary Design Report Addendum No.2 Cost Cakulations for Pipe: Santa Ana Delhi Diversion FM Route No. 3 Printed date: 06/1312014 Project year: 2014 The estimated construction cost below, which includes contactor overhead and profit, is for planning purposes only. The output does NOT include contingency, sales toy, or allied costs (design, permitting, construction management, etc. ). Construction Year: 2014 Length: 1000 ft Conduit Type: Force Main Depth of Cover: 6 ft Trench Backfill Type: Imported Disposal Type: No Disposal Cost Manhole Spacing: None Existing Utilities: Complex Dewatering: None Pavement Restoration: Trench Width Traffic: Light Land Acquisition: None Required Easements: None Laud Adjustment Factor: King County Average Trench Safety: Standard Pipe Diameter: 8 in. Outer Diameter 0.754 ft Trench Width 3.48 ft Excavation Depth 7.75 ft Complete Surface Rest. Width 5.48 ft Unit Costs (Basis 2008) Ttem Quantity 1 Tnit Unit C'nct Ttem Cnct Excavation 1.000.0 CY 13.00 13.000 Backfill 645.0 CY 34.00 21.900 Complete Pavement Restoration 609.0 SY 86.00 52.400 Trench Safety 15,500.0 SF 0.53 8,220 Spoil Load and Hard 1,000.0 CY 16.00 16.000 Pipe Unit Material Cost 1,000.0 If 30.00 30.000 Pipe Installation 1,000.0 if 22.00 22,000 Place Pipe Zone Fill 338.0 CY 34.00 11.500 Existing Utilities 1.000.0 if 32.00 32,000 Traffic Control 1.000.0 if 8.00 3.000 25F -233 Preliminary Design Report Addendum No.2 Year 2008 Subtotal $215,000 Mobilization/Demobilization at 6% 1.06 Multiplier from ENRCCI 8815 (2008) to 9552 (2014) 1.08 Effective Multiplier 1.15 Construction Year 2014 Subtotal $247,000 Sub Items u' ^"' T3i" Yeaz Lost_ M111 ti er 7014 rmt Delhi Channel (HDD), 300 feet, 30 feet depth Horizontally Drilled Pipe 2014 91,700 1.00 91,700 Newport Beach Golf Course continue through 2031 Irvin Ave. (HDD), 600 feet, 10 feet del Horizontally Drilled Pipe 2014 222,000 1.00 11? wo Year 2008 Subtotal $314,000 Year 2014 Total: $561,000 25F -234 Preliminary Design Report Addendum No.2 Cost Calculations for Pipe: Santa Ana Delhi Diversion FM Route No. 4 Printed date: 07107/2014 Project year: 2014 The estimated construction cost below, which includes contractor overhead and profit, is forplanning purposes only. The output does NOT include contingency, sales tax, or allied costs (design, permitting, construction management, etc. ). Construction Year: 2014 Length: 5982 ft Conduit Type: Force Main Depth of Cover: 6 ft Trench Backfill Type: Imported Disposal Type: No Disposal Cost Manhole Spacing: None Existing Utilities: Complex Dewatering: Minimal Pavement Restoration: Trench Width Traffic: Light Land Acquisition: None Required Easements: None Land Adjustment Factor: King County Average Trench Safety: Standard Pipe Diameter: 8 in. Outer Diameter 0.754 ft Trench Width 3.48 ft Excavation Depth 7.75 ft Complete Surface Rest. Width 5.48 ft Unit Costs (Basis 2008) Tt�n Qwantit�[ 1113ii TTnit Cnct Ttem Cnct Excavation 5,980.0 CY 13.00 77,700 Backfill 3,860.0 CY 34.00 131,000 Complete Pavement Restoration 3,640.0 SY 86.00 313,000 Trench Safety 92,800.0 SF 0.53 49,200 Spoil Load and Hard 5,980.0 CY 16.00 95,700 Pipe Unit Material Cost 5,980.0 If 30.00 179,000 Pipe Installation 5,980.0 If 22.00 132,000 Place Pipe Zone Fill 2.020.0 CY 34.00 68,800 Existing Utilities 5,980.0 If 32.00 191,000 Dnvaterin¢ 5,980.0 If 24.00 144,000 25F -235 Preliminary Design Report Addendum No.2 Traffic Control 5,980.0 if 8.00 47,900 Year 2008 Subtotal $1,430,000 Mobilization/Demobilization at 6% 1.06 Multiplier from ENRCCI 8815 (2008) to 9552 (2014) 1.08 Effective Multiplier 1.15 Construction Year 2014 Subtotal $1,640,000 Name Type Y= COO Mid ' liee ?014 C nct Ne- ;port Beach Golf Course (HDD). 1.000 feet, 10 feet depth Horizontally Drilled Pipe 2014 257,000 1.00 257,000 Campus Drive (Jack h Bore), 150 feet, 10 feet depth Jack and Bore 2014 268,000 1.00 268,000 Birch St (Jack & Bore). 60 feet. 10 feet depth Jack and Bore 2014 225.000 1.00 x,000 Year 2008 Subtotal $751,000 Year 2014 Total: $2,390,000 25F -236 Preliminary Design Report Addendum No.2 Cost Calculations for Pipe: Santa Ana Delhi Diversion FM Route No.5 Printed date : 06/20/2014 Project year: 2014 The estimated construction cost below, which includes contractor overhead and profit, is for planning purposes only. The output does NOT include contingency, sales tax, or allied costs (design, permitting, construction management, etc. ). Construction Year: 2014 Length: 6566 ft Conduit Type: Force Main Depth of Cover: 6 ft Trench Backfill Type: Imported Disposal Type: No Disposal Cost Manhole Spacing: None Existing Utilities: Complex Dewatering: Minimal Pavement Restoration: Trench Width Traffic: Light Land Acquisition: None Required Easements: None Land Adjustment Factor: King County Average Trench Safety: Standard Pipe Diameter: 8 in. Outer Diameter 0.754 ft Trench Width 3.48 ft Excavation Depth 7.75 ft Complete Surface Rest. Width 5.48 ft Unit Costs (Basis 2008) Item Quantity Unit Tint CnO Ttem Cod Excavation 6,560.0 CY 13.00 85,300 Backfill 4,230.0 CY 34.00 144,000 Complete Pavement Restoration 4,000.0 SY 86.00 344,000 Trench Safety 102,000.0 SF 0.53 54,000 Spoil Load and Haul 6,560.0 CY 16.00 105,000 Pipe Unit Material Cost 6,570.0 If 30.00 197,000 Pipe Installation 6,570.0 If 22.00 144,000 Place Pipe Zone Fill 2,220.0 CY 34.00 75,600 Existing Utilities 6,570.0 if 32.00 210,000 Dewateuius 6,570.0 If 24.00 158,000 25F -237 Preliminary Design Report Addendum No.2 Traffic Control 6.570.0 if 8.00 52.500 Year 2008 Subtotal $1,570,000 Mobilization/Demobilization at 6% 1.06 Multiplier from ENRCCI 8815 (2008) to 9552 (2014) 1.08 Effective Multiplier 1.15 Construction Year 2014 Subtotal $1,800,000 Name Tae js' 3L Cnct MA1tjg11cT 2014 Cast Newport Beach Golf Course (HDD), 1,000 feet, 10 feet depth Horizontally Drilled Pipe 2014 257.000 1.00 257.000 Year 2008 Subtotal $257.000 Year 2014 Total: $2,060,000 25F -238 Preliminary Design Report Addendum No.2 Appendix A- 5 Routing Analysis Hydraulic Calculation 25F -239 Preliminary Design Report Addendum No.2 JdS Nn. Total Flow I Calc NO. Computation UN I Frojece Santa Ana Delhi Diversion FM Routing Analysis (Computed J. Zhao ISy&.,n jDate 611312014 Icomponent 110 IRaWewad J. Long Task System Hydraulics 110 IDate 1 300 ughness Values, Hazen- Wtl§arm Form la IJ�rMer of Wraps Total 2 74 2.6 GFacWr Normal On 1 2 w Lined= Rated 130 Stand -By 1 75 = 110 2.4 3 Results: 21 Q= mad go- Total 0.4 300 C Values X12 I 8 I 10442 I 300 I 3:21 I 2.69 I 229 I 1.91 0.06 33.58 26.14 23.95 Nd Loss R 300 3.21 Fes 2.29 1.00 1.81 0.06 0.06 0.06 0.06 IIROe 1 R 1 10762 1 300 1 3.21 1 2.69 1 2.29 1 1 1.91 1 0.06 1 1 34.66 1 29.05 1 24.73 1 1900 MON FAWI Low Lift Pumps Dynamic Head= 5104 59.32 56.46 n Route No. Total Flow System Cum Pump Horse Power each C Woes C values m 100 110 120 100 110 120 1 300 84 78 74 2.6 2.5 2.3 2 300 85 79 75 2.7 2.5 2.4 3 300 21 20 19 0.7 0.6 0.6 4 300 62 59 56 2.0 1.9 1.8 5 300 63 59 1 56 2.0 1.9 1.8 Pump Motor horse power = QH /(396O`eff) a: Q faom): H (ft of head), 80% efficiency 25F -240 s • s CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: AMENDMENT TO AGREEMENT WITH SYSTEM INNOVATORS INCORPORATED FOR IMAGE CASH LETTER (ICL) SOLUTION (STRATEGIC PLAN NO. 7,5) r CITY MANAGERIQ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 1992001 ❑ 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 amend the agreement with System Innovators, a division of Harris Computer Corporation, for software support and maintenance related to the iNovah cashiering system, to increase the contract amount by $30,000 for purchase of hardware and software development of an Image Cash Letter (ICL) solution, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 18, 2014, Council approved a three -year agreement with System Innovators for software support and maintenance services for iNovah cashiering system. The Finance and Management Services Agency; Parks, Recreation and Community Services Agency; and the Police Department utilize System Innovators' cashiering software and hardware to process the receipt of City revenue. This includes payments for municipal utility services bills, business license tax, hotel visitors' tax, utility users' tax, parking citations, and all other payments processed throughout the City facilities including the payment kiosk. The cashiering system is fully integrated into all City payments systems. The City also has implemented an automated payment process through iNovah's proprietary system. The Treasury Division of the Finance and Management Services Agency is responsible for the processing of City's revenues. Currently a check payment made at the cashier counter is handled as follows: 1) Payment check is received using the current two -part check scanning /endorsement and posting process. 2) The payment coupon is then scanned into Laserfiche for record retention; and 3) Finally the check is scanned through for remittance processing and deposit. 25G -1 Amendment to Agreement with System Innovators Incorporated December 16, 2014 Page 2 The ICL solution will streamline and improve over - the - counter check processing by eliminating workflow redundancy. Images of both checks and payment coupons will be captured at the point of payment by staff with the new hardware. The ICL file will be automatically created and transmitted to the City's bank through the iNovah system. In this fashion tasks will be simplified in operation resulting in labor savings and standardization of format by upgrading to newer technology. This new solution will reduce the number of times a check and a payment coupon are handled by staff from three times down to one time. Images of checks and coupons will be centrally maintained in iNovah which will enhance research and retrieval of check and payment coupon images for Finance Department iNovah users. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 Team Santa Ana, Objective #5 (create a culture of innovation and efficiency with the organization). FISCAL IMPACT Funds are budgeted and available in the Treasury and Customer Services account (no. 01110130 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency-k mhm Exhibit 1 25G -2 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, is entered into on December 16 "', 2014; by and between System Innovators, a division of N, Harris Computer Corporation (System Innovators), a Florida corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into a three year Software Support and Maintenance Agreement (Agreement #A- 2014 -073) effective April I, 2014 (hereinafter "said Agreement ") for three (3) years through March 31, 2017, by which Consultant has provided citywide support and maintenance services which include revisions, updates and enhancements to the Software and related Hardware and ntaterials under the Agreement. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Compensation for the first year of the Term, and amend the Scope of Work to include hardware and software as referenced in Exhibits "Exhibit A — Fee Structure ", Exhibit "B" Investment Schedule — Hardware, and Exhibit "C" Investment Schedule - linage Cash Letter (ICL) Module, attached hereto and incorporated herein by reference. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, the parties agree as follows: 1. The Compensation for the first year of the Term shalt be amended to increase compensation to Consultant by adding an additional Thirty Thousand Dollars ($30,000.00) for additional hardware and software and related maintenance and support as set forth in Exhibits ` "A", °B" and "C ", as referenced above. 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney By: ,�, Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager System Innovators, a division of N. Harris Computer Corporation By: Title: 25G -3 Exhibit "A" Fee Structure System Innovators - iNovah Image Cash Letter (ICL) Complete Solution Total Hardware, Software and Maintenance & Support Fees (for budgetary purposes): Item Qty Hardware Costs #1 4 Cannon CR -50 USB Imager with OCR and Barcode $ 2,308.00 $ 10,800.00 4 Interface Cable for Imager, Scanner; or Reader $ - $ 22,500.00 4 eCarePal< for CR25 /55 $ 1,560.00 1 Freight F.O.B. Destination (estimate) $ 50.00 $ 3,918.00 Net Software Cost Item Qty Software #2 1. ICL Interface to JPMC $ 25,000.00 TOTAL (Including Hardware, Software, Maintenance and Support) 60 iNovah development ($180 per hr) $ 10,800.00 1 Existing Client Discount $ (13,300.00) $ 22,500.00 Net Software Cost Item Qty Maintenance and Support #3 1 iNovah Maintenance ana Support (lst year prorated) $ 3,300.00 TOTAL (Including Hardware, Software, Maintenance and Support) $ 29,718.00 25G -4 Exhibit "B" Investment Schedule - Hardware SAN7020140828 revenue management SOLUTIONS Page I of 2 Hardware Investment Schedule City of Santa Ana, CA August 28, 2014 Summary The City of Santa Ana, CA has requested an investment schedule for the following hardware to support their iNovah implementation. Notes: I. All printers are shipped fully configured and each includes the necessary power supply, interface cable, and ribbon. Please Note: The printers do not come with receipt paper. Please contact Wayne Cavignae with Liberty Data at (800)460-8900 X126 or email weavignaeglibertyoffice.com 2. Tax and freight are estimated. If we do not have a tax exempt certificate on file, taxes will be assessed at the time of invoicing. Approval to Order /Invoice By signing below, City of Santa Ana, CA authorizes System Innovators to order the hardware itemized on this investment schedule. In addition, City of Santa Ana, CA authorizes System Innovators to invoice City of Santa Ana, CA for this hardware at the cost indicated on this investment schedule. This offer will expire on September 31, 2014 unless extended in writing by System Innovators. System Innovators 10550 Deerwood Park Blvd., Suite 700 800.963,5000 - Fax: 904.645.8892 Jacksonville, FL 32256 25G-5 !VA D B$0RIR% I K u" BXT-,EI4bEP 4 READ0044 Canon CR-50 USB Imager with OCR and Barcode $577 $2,308 4 CABL0004 Interface Cable for Imager, Scanner. or Reader $0 $0 4 eCARE eCarePak for CR25155 $39Q $1,560 1 Freight F,O.B. Destination (estimate) $50 $50 Peripheral Hardware &Support Total; $3,918 Notes: I. All printers are shipped fully configured and each includes the necessary power supply, interface cable, and ribbon. Please Note: The printers do not come with receipt paper. Please contact Wayne Cavignae with Liberty Data at (800)460-8900 X126 or email weavignaeglibertyoffice.com 2. Tax and freight are estimated. If we do not have a tax exempt certificate on file, taxes will be assessed at the time of invoicing. Approval to Order /Invoice By signing below, City of Santa Ana, CA authorizes System Innovators to order the hardware itemized on this investment schedule. In addition, City of Santa Ana, CA authorizes System Innovators to invoice City of Santa Ana, CA for this hardware at the cost indicated on this investment schedule. This offer will expire on September 31, 2014 unless extended in writing by System Innovators. System Innovators 10550 Deerwood Park Blvd., Suite 700 800.963,5000 - Fax: 904.645.8892 Jacksonville, FL 32256 25G-5 SAN70_20140828 Page 2 of 2 City of Santa Ana, CA, System Innovators, Agreed to: by Its duty authorized representative: by Its duly authorized representative: Name: Christine Heckle Title: Account Manager Signature: e, lily -1rte e' A /eall-4 Date: August 28, 2014 Ship To: Billing To: Deliver to Name: Attention: Email Address: Invoice to: city/ State /zip Ph #: Ph # PO #: (Please provide a PO if required on invoice for payment) (for internal use) Project Number: ACCT #fTEAM: Sales Cons pant: Christine Heckle System Innovators 800.963.5000 • Fax: 904.645.8892 25G -6 10550 Deerwood Park Blvd., Suite 700 Jacksonville, Fl. 32256 Exhibit "C" Investment Schedule - Image Cash Letter (ICL) Module revenue � m an s e me nt Investment Schedule S O L U T 16 N S Image Gash Letter (ICL) Module "d,°W City of Santa Ana, CA October 28, 2014 Summary City of Santa Ana, CA has requested an investment schedule for the following software and professional services install, configure and implement iNovah's Image Cash Letter (ICL) Module. System Innovators ( "Vendor ") will use its extensive payment and revenue management experience, knowledge and expertise to facilitate the implementation and delivery of customized software and services for the City of Santa Ana, CA ( "Customer ") as defined within this investment schedule. The software customization and services defined within this investment schedule shall be deemed "Delivered" when the Customer receives software and /or services, and the Customer acknowledges Delivery by sending a signed statement to System Innovators or by validating successful testing of said imports. The software and services defined within this investment schedule shall be deemed "Accepted" when' acceptance testing is satisfactorily completed with no critical or major defects. Essentially, when there are no remaining outstanding material issues or defects or when the imports are placed in a production environment and used for processing payments. Changes to the services in this investment schedule will be processed as an hourly time and material additional service only after the current man hours have been exhausted. This will require signatures to accept the request and accept the work. The implementation of changes may result in modifications to the Scope, Schedule, Charges, and other terms of this investment schedule, Investment Requirements: iNovah- Application Software & Services System Innovators 10550 DeenvoodPark Blvd., Suite 700 600.963.5000 • Fax: 904.281.0075 Jacksonville, FL 32256 25G -7 Annual Maintenance and Support Footnotes — Software & Services Page 2 of 4 (1) Requires iNovah version 2,50 or higher and module license key, (2) Professional Service hours are estimates and is intended to allow Vendor to participate and coordinate requirements gathering and implementation of ICL Such activities exist separate from the iNovah Image Cash Letter (ICL) Module License, Estimated Delivery Schedule The Services provided under this quote will commence on execution of this document and are expected to conclude on the specified date. Vendor and Customer understand that there are unknown factors that cause a certain level of risk, Any unknown are anticipated to surface during the research period of this project. Vendor and Customer will decide mutually any uncovered items will impact the project. i `te eit Investment Schedule /Contract Execution TBO Project Start: Mutual start date to be determined by both parties TBD Deliverable #t: Installation of iNovah 2.50 or higher (if required)_ and installation of jNovah Image Cash Letter License Key. TBD Deliverable #2: Configuration of Image Cash Letter TBD Deliverable #3s ICL Administration and End User Training TBD Project Completion: Estimated system acceptance by client TBD System Innovators 10550 Deerwood Park Blvd., Suite 700 600.963.5000 - Fax: 904.281..0075 Jacksonville, FL 32256 25G -8 Page 3 of 4 Payment Schedule The total investment of $22,500 (not including additional maintenance & support) represents the investment necessary for research, design, documentation, development, testing and delivery of the aforementioned software and services. The following table outlines the prescribed payment milestones for the investment schedule items. 1 50% of total license due upon execution $8,750 2 50 % of total license due upon installation within production environment $8,750 3 Services are billed monthly as they are completed. $5,000 4 100% Additional Annual Support & Maintenance due upon production go live $3,300 (pro -rated in 16r year) Assumptions 1. The Customer will assign a Project Manager /Sponsor to serve as the single point of contact for System Innovators who has the authority to act for the Customer in all aspects of this project. 2. The Customer or agent of Customer will ensure the availability of the necessary subject matter experts to support the SI Consultant with research and design of the software requirements for System Innovators, 3. The Customer will assist Systems Innovator Consultant and Project Manager with testing of the Image Cash Letter functionality. -)ystem innovators 800,963.5000 • Fax: 904.281,0075 25G -9 10550 beerwood Park Blvd., Suite 700 Jacksonville, FL 32256 Page 4 of 4 Approval to Proceed /Invoice By signing below, the City of Santa Ana, CA authorizes System Innovators to proceed with the efforts necessary to perform this statement of work and accepts the investment obligations and responsibilities as defined. This offer will expire on December 29, 2014 unless extended in writing by System Innovators. City of Santa Ana, CA Agreed to: by its duly authorized representative: Title: Signature: Date: System Innovators, A division of N. Harris Computer Systems, Inc. by its duly authorized representative: Tony Rapaglia Director of Sales October 7, 2014 (For internal use) Project Number: ACCT #ITEAM: Gonsultant: Tony Rapagtia System Innovators 10550 Deerw ood Park Blvd., Suite 700 800.963,5000 - Fax: 904:281.0075 Jacksonville, FL 32256 25G -10 It * 0. ' _ •. y. 1 �. / • '',. CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: CONTRACT AMENDMENT TO THE BLANKET ORDER CONTRACT WITH 1 SOLORIO, INC. (SPEC. NO. 14 -091) Ia=Ki] IT, h��I =1k,I CLERK OF COUNCIL USE ONLY: 9-•;[• _X ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an increase of $1,685 in the blanket order contract with 1 Solorio, Inc., for a total amended contract amount of $26,685, to enable processing of the final outstanding invoice. DISCUSSION The City enters into blanket order contracts to facilitate purchases which are required on a recurring basis and to reduce the number of small -value purchase orders. Blanket order contracts are limited to a maximum of $25,000 per fiscal year. Through the blanket order process, multiple agencies citywide are able to directly contract with these vendors as needed. 1 Solorio, Inc. is one of the approved vendors for Maintenance Painting services citywide. In September, as a continuation of the Ross Annex first floor refurbishing project, 1 Solorio, Inc. was contracted to repaint the lobby walls and columns adjacent to the north end of the one -stop public counters. However, before the invoice could be processed, the vendor accepted and received payment for additional work. As a result, the cost of the lobby project, when combined with other payments, exceeds the $25,000 fiscal -year aggregate limit. The City has contracts with other vendors for maintenance painting services as a result of a competitive bid. Staff is requesting that the contract be amended by $1,685 to cover payment of the final invoice with 1 Solorio. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). Approval of this item also supports the City's efforts to meet Goal #4 City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). 29A -1 Contract Amendment to the Blanket Order Contract with 1 Solorio, Inc. December 16, 2014 Page 2 FISCAL IMPACT Funds are budgeted and available in the Public Works Traffic /Transportation Engineering General Fund account (01117620- 63001) and the Planning & Building Agency Permit & Inspection Services General Fund account (01116520- 63001). Public Works Agency Karen Haluza Interim Executive Director Planning & Building Agency FM /MLM /sp Exhibit: 1. Invoice #4376 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Gar 29A -2 1 SOLORIO, INC. Construction Services 18671 VINE ST. ORANGE, CA. 92869 Phone # Pax # . (714) 538.4709 (714) 538 -4766 Bill To CITY OF SANTA ANA 20 CIVIC CENTER PLAZA POST OFFICE BOX 1988 SANTA ANA, CA. 92702 Invoice Date Invoice # 9/7/2014 4376 L , 1 P.O. No. Terms Due Date Project ��,°p �- Due on receipt 9/7/2014 Item Description Amount Painting Painting services 1,685.00 CITY OF SANTA ANA (PER ESTIMATE NO. 1745 ITEM I) 1. PREP AND REPAINT 1. ST FLOOR LOBBY WALLS AND COLUMN .....................$1,600.00 ADDITIONAL COST 1. REPAINTED I EXTRA COLUMN AS PER LORRIB ORTIZ. 2 ........... ......................... $85.00 PAYMENT DISTRIBUTION: PWA- Acct. 01117620 -63001 $1,600 PBA - Acct. 01116520 -63001 85 Invoice Total $1,685 Thank you for your business. Total $1,68$.00 L , 1 29A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED EMERGENCY ORDINANCE AMENDING SAMC ❑ As Recommended SEC 33 -202 AND ADDING 33 -206 RELATING TO El E] As Amended Ordinance Reading PAYMENT OF PREVAILING WAGES [I on Ordinance on 2 2n nd Reading (STRATEGIC PLAN NO. 1, 3; 7,4) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an emergency ordinance amending Santa Ana Municipal Code Section 33 -202 and adding 33- 206 to the Santa Ana Municipal Code relating to payment of prevailing wages. The California legislature passed Senate Bill (SB) 7 which requires cities to have a prevailing wage ordinance in place by January 1, 2015 to continue to receive state funding. DISCUSSION In 1931, the California Legislature enacted the State's prevailing wage law. The law requires contractors on public works projects to be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed. In 2012, the California Supreme Court upheld charter city authority to exempt locally- funded public works projects from prevailing wage (State Bldg. & Const. Trades Council of Cal., AFL -CIO v. City of Vista (2012) 54 Cal. 4th 547). In response to the California Supreme Court's holding, the California Legislature passed SB 7. Under the guise of advancing a "skilled construction workforce," SB 7 prohibits charter cities from receiving or using State funding for locally- funded construction projects if the charter city has a resolution or ordinance exempting projects from the State prevailing wage requirements. As a result, to receive State funds for a public works contract, SB 7 requires charter cities to comply with prevailing wage law on all of its public works contracts, even those that are funded exclusively with charter city funds. The City believes that compliance with SB 7 is in the best interest of our community, supports the City's strategic plan goals, and will allow the city to continue to receive State funding by amending SAMC Sec. 33 -202 and adding Sec. 33 -206. 50A -1 Adoption of Ordinance Amending SAMC Sec 33 -202 And Adding Sec 33 -206 Relating to Prevailing Wages December 16, 2014 Page 2 STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective # 3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization) and Goal # 7 Team Santa Ana, Objective # 4 (establish employee compensation that attracts and retains a highly qualified workforce). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Prevailing wages will be required for all contracts executed after January, 1, 2015 that exceed twenty -five thousand dollars ($25,000) when the project is for construction work, or fifteen thousand dollars ($15,000) when the project is for alteration, demolition, repair or maintenance work. Exhibit 1: Ordinance 50A -2 (jxs 12/02/14) ORDINANCE NO. NS -XXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 33 -202 AND ADDING 33 -206 TO THE SANTA ANA MUNICIPAL CODE RELATING TO PAYMENT OF PREVAILING WAGES WHEREAS, the California prevailing wage law requires contractors on public works projects to be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and WHEREAS, under the California Constitution, Article XI, Section 5, the laws of charter cities supersede state law with respect to municipal affairs of the charter cities; and WHEREAS, the California Supreme Court has held that the wage levels of workers constructing locally funded public works are a municipal affair; and WHEREAS, the City of Santa Ana ( "City ") is incorporated as a charter city, and thus the City may exempt locally funded public works projects from state prevailing wage requirements to conserve the City's limited financial resources; and WHEREAS, the California Legislature passed Senate Bill 7, which enacted California Labor Code 1782, requiring all California charter cities to adopt an ordinance or charter amendment mandating compliance with state prevailing wage law on all public works contracts in order to remain qualified for state funding on local public works projects; and WHEREAS, Section 1782 prohibits a charter city from receiving or using state funding or financial assistance for a public works project unless the charter city requires contractors to comply with California's state prevailing wage law on those projects; WHEREAS, Section 1782 further provides that a charter city is eligible to receive state funding or financial assistance if the city has a local prevailing wage ordinance for all its public works contracts that includes requirements that are equal to, or greater than, the state's prevailing wage requirements; WHEREAS, in accordance with Section 200 of the City Charter, the City Council has discretion to determine wages to be paid on City public works projects and may require that prevailing wages be paid by contractors employed thereon; and WHEREAS, the City Council finds that it is necessary to adopt an ordinance requiring contractor compliance with state prevailing wage law on all City public works Ordinance No. NS -XXX Page 1 of 5 y III J projects in order to preserve the City's eligibility for state public works construction funding. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 33 -202 of the Santa Ana Municipal Code is hereby amended such that it reads as follows [New language is underlined]: Sec. 33 -202. - Definitions. For purposes of this article, the following definitions shall apply: Construction manager shall mean an agent of the city who provides the city with professional services in the fields of technology, scheduling, ability to construct, and /or management of the fiscal aspects of a public works project. A construction manager shall be responsible for some or all of the following: (1) Overseeing a public works project through completion of construction; (2) Assumption of financial responsibility; (3) Hiring of an architect/designer, if necessary, through a qualification process consistent with procedures established pursuant to section 2 -803; and /or (4) Contracting for actual construction work by award of a contract to the lowest and best bidder in conformance with section 421 of the city's charter. Design- build -bid shall mean a procurement process in which both the design and construction manager professional services for a public works project are procured from a single entity, while the actual construction work is awarded by the entity to the lowest and best bidder in conformance with section 421 of the city's charter. Professional services shall have the same meaning as in section 2 -802 of this code. Public works shall have the same meaning as in California Labor Code sections 1720, 1720.2 1720.3, and 1771 and as may be amended from time to time. Public works construction shall have the same meaning as in section 421 of the city's charter. Public works project shall mean the totality of a project, including both professional services and public works construction, which ultimately results in the erection or improvement of public buildings, streets, drains, sewers, parks or playgrounds. Purchasing manager shall have the same meaning as in section 2 -802 of this code. Ordinance No. NS -XXX Page 2 of 4 y ll 1 I SECTION 2. Section 33 -206 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 33.206. - Prevailing wages required. Except on locally funded public works projects of twenty -five thousand dollars ($25,000) or less when the project is for construction work, or fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair or maintenance work, all contractors performing work on a City public works project shall be subject to California prevailing wage law, codified at California Labor Code Section 1782, at sec, as it may be amended from time to time. The only limitation on this requirement shall be in the event federal funding requirements supersede state prevailing wage laws. SECTION 3. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 4. California Government Code Section 36937 authorizes the City Council to adopt an urgency ordinance, by a four -fifths vote, without following the procedures otherwise required for the adoption of an ordinance, in order to protect the public peace, health or safety. This ordinance shall be immediately effective pursuant to Section 415 of the City Charter. SECTION 5. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth as follows: 1) The California State Legislature enacted SB7 which mandates that Charter Cities that do not have prevailing wage ordinances in place by that January 1, 2015 will not be able to receive State funding or other financial assistance. 2) SB7, codified in California Labor Code Section 1782, effective January 1, 2015, requires that Charter Cities must have a local prevailing wage ordinance in order to be eligible to receive to State funding or other financial assistance for construction projects. 3) Santa Ana is a Charter City which currently does not a have a prevailing wage ordinance. 4) This ordinance will immediately provide for payment of prevailing wages as required by State Law. 5) Failure to adopt an urgency ordinance will result in the City being unable to obtain State Funding for future construction projects which likely will exceed millions of dollars. 6) Such loss of funding will require diversion of other funds away from other critical programs, included but not limited to, police, fire and parks. Ordinance No. NS -XXX Page 3 of 5 y ll SECTION 6. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. SECTION 7. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 5 of this ordinance. ADOPTED this day of AYES: NOES: ABSTAIN: NOT PRESENT: Ordinance No. NS -XXX Page 4 of 4 Councilmembers Councilmembers Councilmembers Councilmembers 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney y 1 M of Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date; Clerk of the Counc City of Santa Ana 50A -7 Ordinance No. NS -XXX Page 5 of 5 y 1 � • STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF INDUSTRIAL RELATIONS �. Office of the Director -Legal Unit 160 Promenade Circle, Suite 330; Sacramento, CA 95834 .F '_ Tel: (916) 928 -3184 Fax: (916) 928-3196 February 28, 2014 Marcia Huizar Clerk of the Council 20 Civic Center Plaza, M -30 Santa Ana, CA 92869 Subject: State Funding Restriction for Charter Cities Dear Ms. Huizar, On October 13, 2013, Governor Brown signed Senate Bill 7 into law. Senate Bill 7 facilitated the addition of Section 1782 to the California Labor Code. The new law restricts state funding or financial assistance to cities that are not in compliance with California's prevailing wage laws. It also requires the Director of Industrial Relations to maintain a list of charter cities that may receive state funding or financial assistance for their construction projects. A copy of the law is enclosed for your convenience. Section 1782 of the Labor Code prohibits charter cities from receiving or using state funding or financial assistance for a construction project unless the city requires contractors on its public works to comply with California's prevailing wage requirements. Specifically, charter cities may receive state funding or financial assistance if the city has a local prevailing wage ordinance, applicable to all of its public works contracts, that includes requirements that are equal to or greater than the state's prevailing wage requirements. Section 1782 excludes contracts for projects of $25,000 or less for construction work, or projects of $15,000 or less for alteration, demolition, repair, or maintenance work. The law does not apply to funding that was awarded or bids advertised or awarded prior to January 1, 2015. In order to add your city to the list of charter cities that are in compliance with the law and are therefore eligible to receive state funding or financial assistance for construction projects, please confirm that your city has or intends to pass an ordinance that will facilitate compliance with Labor Code section 1782,.Please advise if your city intends to comply in another manner and believes it is or will be eligible for state funding. This information can be e- mailed to aber ingdir.ca.gov or faxed to (916) 928 -3196. If e -mail or fax is unavailable, the information can be mailed to: Department of Industrial Relations, Office of the Director -Legal Unit, Attn: Special Investigator Arnie E. Bergin, 160 Promenade Circle, Suite 330, Sacramento, CA 95834. If you have any questions, feel free to contact me at (916) 928 -3186. Sincerely, Arnie E. Bergin Special Investigator Enclosure ' • y Labor Code Section 1782 1782. (a) A charter city shall not receive or use state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with the provisions of this article on any public works contract. (b) A charter city shall not receive or use state funding or financial assistance for a construction project if the city has awarded, within the prior two years, a public works contract without requiring the contractor to comply with all of the provisions of this article. This subdivision shall not apply if the charter city's failure to include the prevailing wage or apprenticeship requirement in a particular contract was inadvertent and contrary to a city charter provision or ordinance that otherwise requires compliance with this article. (c) A charter city is not disqualified by subdivision (a) from receiving or using state funding or financial assistance for its construction projects if the charter city has a local prevailing wage ordinance for all its public works contracts that includes requirements that in all respects are equal to or greater than the requirements imposed by the provisions of this article and that do not authorize a contractor to not comply with this article. (d) For purposes of this section, the following shall apply: (1) A public works contract does not include contracts for projects of twenty -five thousand dollars ($25,000) or less when the project is for construction work, or projects of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work. (2) A charter city includes any agency of a charter city and any entity controlled by a charter city whose contracts would be subject to this article. (3) A "construction project" means a project that involves the award of a public works contract. (4) State funding or financial assistance includes direct state funding, state loans and loan guarantees, state tax credits, and any other type of state financial support for a construction project. State funding or financial assistance does not include revenues that charter cities are entitled to receive without conditions under the California Constitution. (e) The Director of Industrial Relations shall maintain a list of charter cities that may receive and use state funding or financial assistance for their construction projects. (f) (1) This section does not restrict a charter city from receiving or using state funding or financial assistance that was awarded to the city prior to January 1, 2015, or from receiving or using state funding or financial assistance to complete a contract that was awarded prior to January 1, 2015. (2) A charter city is not disqualified by subdivision (b) from receiving or using state funding or financial assistance for its construction projects based on the city's failure to require a contractor to comply with this article in performing a contract the city advertised for bid or awarded prior to January 1, 2015. 50A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: RESOLUTION AUTHORIZING A JOINT APPLICATION FOR FUNDING UNDER THE INFILL INFRASTRUCTURE GRANT PROGRAM (STRATEGIC PLAN NO. 5,3) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY; APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing a joint application with the Orange Housing Development Corporation and the City of Santa Ana to submit an application for funding under the Infill Infrastructure Grant Program in the amount not to exceed $3,000,000 for the Depot at Santiago Housing Project at 923 North Santiago Street. DISCUSSION On September 25, 2014, the Department of Housing and Community Development (HCD) announced availability of approximately $40 million in funding for the Infill Infrastructure Grant (IIG) Program. The IIG program is funded under the Housing and Emergency Shelter Trust Fund Act of 2006 (Proposition 1C). The IIG Program funds are offered through the Notice of Funding Availability (NOFA) application that provides gap funding of infrastructure improvements that are an integral part of or are necessary to facilitate the development of new infill housing for specific residential or mixed use projects. Each IIG application must be a minimum award of $500,000 in urban areas and up to a maximum of $4 million. The Depot at Santiago Housing Project was previously approved by City Council on June 17, 2014 with approval for Site Plan Review No. 2014 -01 and Tentative Parcel Map No. 2014 -01. In May 2013, the City Council approved a loan agreement for the Depot at Santiago Housing Project with affordable housing restrictions in place for fifty -five 55 years. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 (Community Health, Livability, Engagement & Sustainability), Objective 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 55A -1 Resolution — IIG Program December 16, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Kt I Re Wrs Executiv Director Community Development Agency KR/NV Exhibit: 1. Resolution 55A -2 11/26/14 LES RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDING UNDER THE INFILL INFRASTRUCTURE GRANT PROGRAM FOR DEPOT AT SANTIAGO; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE INFILL INFRASTRUCTURE GRANT PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of the City of Santa Ana conclusively finds, determines and declares as follows: A. The City of Santa Ana wishes to apply for and receive an allocation of funds through the Infill Infrastructure Grant Program as a joint applicant with Orange Housing Development Corporation ( "OHDC ") for the Depot at Santiago housing project. B. The California Department of Housing and Community Development (hereinafter referred to as "HCD ") has issued a Notice of Funding Availability ( "NOFA ") for the Infill Infrastructure Grant Program established under the Housing and Emergency Shelter Trust Fund Act of 2006 (Proposition 1C) pursuant to the Infill Infrastructure Grant Program established in Chapter 2 of Part 12 of Division 31 of the Health and Safety Code, Sections 53545.12 and 53545.13. Pursuant to the statute, HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature, subject to the terms and conditions of the statute and the Infill Infrastructure Grant Program Guidelines implemented on September 25, 2014. C. The City of Santa Ana desires to submit a joint application with OHDC to obtain from HCD an allocation of the Infill Infrastructure Grant Program funds in an amount not to exceed $3,000,000. Section 2. The City of Santa Ana, as a joint applicant with OHDC, shall submit to HCD an application to participate in the Infill Infrastructure Grant Program in response to the NOFA issued on September 25, 2014, and will request a funding allocation in an amount not to exceed $3,000,000 for the following activities; eligible infrastructure costs including, but not limited to: utility service improvements; site preparation and demolition, streetscape improvements, storm drains, and relevant impact fees, Resolution No, 2014 - Page 1 o03 55A -3 Section 3. If the application for funding is approved, the City of Santa Ana hereby agrees to use the Infill Infrastructure Grant Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program Guidelines cited above, Section 4. The City Manager, or his designee, is authorized and empowered to execute in the name of the City of Santa Ana all necessary applications, contracts, payment requests, agreements, amendments or any other grant related documents, including the Standard Agreement, related and in furtherance of the application for the purposes of securing grant funds and to carry out the purposes specified in the grant application and agreement. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2014- Page 267 3 55A -4 ADOPTED this day of December, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney ( By: ' f,4 C. E . Lisa E. Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2014- to be the original resolution adopted by the City Council of the City of Santa Ana on December 16, 2014, Date: Clerk of Council City of Santa Ana 55A -5 Resolution No. 2014 - Page 3 of —3 'P�PM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: REVIEW COUNCIL COMMITTEES & APPOINTEES; RECEIVE AND FILE BYLAWS, AND APPROVE 2015 CALENDAR OF MEETING DATES {STRATEGIC PLAN NO. 5, 1) IT MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :--1;• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Review list of established Council Committees and recommend changes as needed. 2. Review list of appointees to Council Committees and recommend changes as needed. 3. Receive and file bylaws for the Development and Transportation Committee; Public Safety and Neighborhood Improvement; Parks, Recreation, Education & Youth (PREY) and Joint Santa Ana Unified School District; and Finance, Economic Development and Technology Council Committees. 4. Approve the 2015 calendar of Council Committee Meeting dates. DISCUSSION On January 22, 2013 the City Council approved Resolution No. 2013 -002 to restructure the Council Committees and establish five standing committees. Currently we have the following committees, appointees, and standing meeting schedule: W"M ,r 'Y�X � 1 b M TE Y F 3 . s `� IIF Ii s 17 IiII ET11� CHE[ ULE a,'„ $ • Benavides Quarterly Development and Transportation - Jan., April, July, Oct. . Committee *Martinez •Sarmiento* 1St Thursday, 5:00 p.m. • Amezcua* Bi-Annual Meeting Code of Ethics and Conduct . Tinajero Spring and Fall, Thursday, 5:30 p.m. 65A -1 Review City Council Committees December 16, 2014 Page 2 NCO wt 11pM�T�TE�r k �: MEA)IBRS' tVIEETING3S�CHbIrLE e � Parks, Recreation, Education & Quarterly Youth (PREY) . Amezcua Annez Jan., April, July, Oct. & Joint Santa Ana Unified School • Reyn District Council Committee ** . ro* m 4 Monday, 5:30 p.m. Public Safety/ • Martinez Every other Month Neighborhood Improvement / Code • Benavides* Jan., Mar., May, July, Sept., Nov. Enforcement (NICE) • Reyna 4th Tuesday, 5:30 p.m. • Sarmiento Every other Month Finance, Economic Development Jan., Mar., May, July, Sept., Nov. and Technology . Benavides . Martinez* na 2 Monday, 5:30 p.m. Quarterly Legislative Committee • Sarmiento* Mar., June, Sept., Dec. • Martinez 4'h Wednesday, 12 noon Note; "Chairperson * *Joint SAUSD Council Committee to meet twice a year in April & October The City Council recommended periodic review by the City Manager and the City Council to ensure that the diverse issues and challenges facing the City are adequately addressed. In the past, the Council established single purpose citizen committees, such as the Charter Review Committee, to address topical issues. The review of social service programs for Community Development Block Grant funds is also an example of a task that could be performed by a citizen committee appointed on an annual basis. Council has the discretion of revising the standing committees and /or recommending changes to appointees. Also, at the Special City Council Meeting held April 8, 2013 the City Council requested that bylaws be prepared for all committees, and that on a regular basis the City Manager and City Council review the list of standing committees. Attached are copies of the bylaws for each Committee with the exception of the Code of Ethics and Conduct and the Legislative that are pending Committee review and approval. Lastly, the 2015 Calendar of meeting dates is attached for your review and approval. The calendar, once approved, will be posted on the City's website to better inform the public of upcoming meetings. City Council Committee Meetings are held at City Hall, Room 1600, 20 Civic Center Plaza, Santa Ana, STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 65A -2 Review City Council Committees December 16, 2014 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Attachments: 1. Bylaws 2. 2015 Calendar of Meeting Dates 65A -3 65A -4 EXHIBIT 1 BYLAWS 65A -5 THE SANTA ANA CITY COUNCIL COMMITTEE ON DEVELOPMENT & TRANSPORTATION BY — LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Development and Transportation. ARTICLE II - PURPOSE The Committee shall consider policy matters related to development and transportation issues, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies or projects that affect development and/or transportation issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to development and transportation. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV —COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Tenn The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D — Secretary A Secretary shall be appointed from staff.. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -6 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. SECTION E — Closed Session Closed session meetings may be called by the Committee on Development and Transportation only, and no other City Council Committees, at the discretion of the Chair, or at the request of two (2) members, for the purpose of real property negotiations only, and for no other reasons. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: 65A -7 THE SANTA ANA CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH BY — LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Parks, Recreation, Education and Youth ( "PREY "). ARTICLE II - PURPOSE The Committee shall consider policy matters related to parks, recreation, and education along with issues concerning youth, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, and other groups and interests in the City in regards to policies or projects that affect parks, recreation, education and youth related issues in the City of Santa Ana, The Committee shall provide input and recommendations regarding the implementation of policies related to parks, recreation, education and youth. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV —COMPOSITION OF THE COMMITTEE SECTION A - Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C- Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D - Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -8 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A - Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be City Hall, 2nd Floor Conference Room, 20 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B - Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quoru m A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D - Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. hi as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two (2) consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rules of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: 2 65A -9 THE SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT BY —LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Public Safety and Neighborhood Improvement. ARTICLE II - PURPOSE The Committee shall consider policy matters related to public safety and neighborhood improvement issues, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies or projects that affect public safety and neighborhood improvement issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to public safety and neighborhood improvement. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the fall City Council, ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D — Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 65A -10 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be Police Community Room, Santa Ana Police Department, 60 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: August 27, 2013 65A -11 THE SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT & TECHNOLOGY BY-LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Finance, Economic Development, and Technology. ARTICLE II - PURPOSE The Committee shall be a vehicle for informational presentations as well as policy matter consideration related to finance, economic development, and technology issues, brought or referred by the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies that affect finance, economic development, and technology issues in the City of Santa Ana. The committee may provide comment and recommendations regarding information presented. The Committee may provide input and recommendations regarding the implementation of policies related to finance, economic development, and technology. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice - Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. 65A -12 SECTION D — Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held bi- monthly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, 20 Civic Center Plaza, Room 1600, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, at the request of two (2) members, or at the request of the City Manager for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall be recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: .2014 2 65A -13 65A -14 EXHIBIT 2 2015 CALENDAR OF COMMITTEE MEETINGS 65A -15 Santa Ana Council Committee Meetings Schedule 2015 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _ 28 29 30 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 ® 14 15 16 17 18 19 20 21 22 23 24 25 26 = 28 29 30 31 JANUARY arnT Public Safety Committee (MM, DB, RR) Meets Every other Mo. 5 M T W T F S S F 1 2 3 2 3 4 5 6 4 5 6 7 8 9 10 II 13 14 15 16 17 19 19 20 21 22 23 24 25 ® 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 _ 28 29 30 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 ® 14 15 16 17 18 19 20 21 22 23 24 25 26 = 28 29 30 31 HOLIDAY - CITY HALL CLOSED - CITY HALL CLOSED -9/80 WORK SCHEDULE FEBRUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 146 17 18 19 20 21 22 23 24 25 26 27 28 MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 = 12 13 14 15 16 17 18 19 20 ® 22 23 24 25 26 27 28 29 30 31 HUVWI S M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 = 19 20 21 22 23 24 25 26 27 28 j 29 30 31 arnT Public Safety Committee (MM, DB, RR) Meets Every other Mo. S M TvyW 5 T F S F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 29_ _30 31 HOLIDAY - CITY HALL CLOSED - CITY HALL CLOSED -9/80 WORK SCHEDULE FEBRUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 146 17 18 19 20 21 22 23 24 25 26 27 28 MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 = 12 13 14 15 16 17 18 19 20 ® 22 23 24 25 26 27 28 29 30 31 HUVWI S M T W T F 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 = 19 20 21 22 23 24 25 26 27 28 j 29 30 31 MARCH S M T W T P S 1 2 3 4 5 6 7 8 _ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 _ 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 = 25 26 27 xnelnaele S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 ® 15 16 17 18 19 20 21 X221';- 24 25 26 27 28 29 30 arnT Public Safety Committee (MM, DB, RR) Meets Every other Mo. S 5 M TrwrW • Meetings listed on calendar are REGULAR meetings. Special Meetings may be F S 1 2 3 4 5 6 7 8 = 10 11 12 13 14 15 16 17 18 ® 20 21 22 23 '24 25 26 27 28 29 30 MARCH S M T W T P S 1 2 3 4 5 6 7 8 _ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 _ 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 = 25 26 27 xnelnaele S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 ® 15 16 17 18 19 20 21 X221';- 24 25 26 27 28 29 30 Council Committees - Standing Meel ..'amoert Public Safety Committee (MM, DB, RR) Meets Every other Mo. S M T W T F 5 • Meetings listed on calendar are REGULAR meetings. Special Meetings may be scheduled 24houm In advance (as permitted by the Brown Act). 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 _ 24 25 26 27 28 29 30 31 Council Committees - Standing Meel J Dev. & Transp. Council Committee (DB, MM, VS) Meets Quarterly Public Safety Committee (MM, DB, RR) Meets Every other Mo. _ PREY (AA. RR, ST) Meets Quarterly _ Finance, Econ. Dev., & Tech Committee (VS, D8. MMI Meets Every othe _ Legislative Committee (MM, VS) Meets Quarterly _Code of Conduct (AA. ST) Meets Semi - Annually • Meetings listed on calendar are REGULAR meetings. Special Meetings may be scheduled 24houm In advance (as permitted by the Brown Act). For a copy of Agenda and meeting location, please refer to City's website at: http:// www. santa-ano.org /city_meetings.asp 65A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: REVIEW OF REGIONAL BOARD APPOINTEES (STRATEGIC PLAN NO. 5, 1) CITY MANAGEII RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Review the regional appointment list and recommend changes, as necessary. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The City Council recommended annual review of appointees and at their discretion make necessary changes. Exhibit 1 attached is a list of current representatives, meeting dates, compensation and other pertinent information on each board. For discussion purposes, the following is a list of regional boards and appointing authority. • Metropolitan Water District* A board member is appointed by the majority of the City Council (member does not have to be an elected official). • Newport Bay Watershed Executive Committee* A board member and alternate is appointed by the majority of the City Council. ■ Orange County Sanitation District (OCSD) Board A board member and alternate are appointed by the majority of the City Council. ■ Orange County Vector Control* A board member is appointed by the majority of the City Council (member does not have to be an elected official). Orange County Water District (OCWD) Board 6513-1 A board member is appointed by the majority of the City Council. ■ Orange County Council of Governments (OCCOG) SCAG nominates a member to OCCOG. • Orange County Fire Authority (OCFA) A board member and alternate is appointed by the majority of the City Council. Selection must be authorized by resolution. • Orange County Transportation Authority (OCTA) Board member appointed by the City Selection Committee which was established through Government Code § 50270, ■ Transportation System Improvement Authorities - Orange & Tustin (TSIA) A board member and alternate are appointed by the majority of the City Council for each of the two (2) Authorities. ■ Southern California Association of Governments (SCAG) District #16 A board member and alternate is appointed by the majority of the City Council. Mayor may nominate representative. • Transportation Corridor Agencies (TCA) — Foothill /Eastern A board member and alternate are appointed by the majority of the City Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. I GJ ✓ Maria D. Huizar, / Clerk of the Council ATTACHMENTS: Exhibit 1 65B -2 QLU aLU z LL Q OO m U Q z O_ 0 W w ro \I W E `° 6 c (D L ac- a) C p p f6 L v N (p C f6 U C O C O Ln J N w O N N C O n CD N m is -O E R � c m¢ c o. c on c m a� E � E O CO U ^ N+ 0 c f6 E� O E N N M —O N N O C6666 CO C cnU N L9 r t °o o o m U o m 0 N cn M O a o a N A'S O N O N J Z} Zw T O C (4 m (Oa J M t/! > 0 C) < U1 0 �� N N �� T N W (0 Lp > > O L �H O E S O Q cnaU¢ v U U U z Cl) ool :° E CD 0 O -- 0 0 0 0 o O U !L> U U U U U co 0 a E E o� € CD w `.Q. E mE omE T' N D fn N Q a N d a N a E C N N O Old C O N �° N N N O O lh C)" z Fsy m <a m sv E esr z � M Fzz d -:let r r O" 0'ti N N N N N N Of LL' Q LL' 0-' of w N O � a O N 0 O C N O a (D W ° c 'E L Z CD 0 m0 H(n QU U) N L6 OL i ° -O N O m V J O CO N N ai B 9 C U �° m 2:= ° w E � CD O 0 0 o t 'c am m ' z�w i O o Oo O'm O OCDca U ro \I W Cl) o 0<n cn co -i Cn -i cn n-10 -?.o S O OG� o 0c O Om c mm m C)m ° °�w o D °m Dc m Dc m n O° g =o o .'� 0 z o 5 0 " o m 0 0 0 „ 0CD N CD C) O `G O O (D fn a 0 o n cn n= o v c o m E3 � 9 v o m g v c 3 o m � v m o CD m o o. m CD o v v o m m y m, O O D D m D D L- m m a Z ! CO fA fA W W OZ.. m CD m (D- D;'.. ca cQ m o o D w O O 0 O ' Cl) n n C7 n 0Cn0 n C) n Z v m o 0 0 0 m ,'2` °c oc °c 0 o �� ��' � W B s r 0cn0 0 0 C) C) 0Co0 0 0 0 D CD 3m Oz 0 0 9 m °c o up ooc "b o m m O-T m � O 0' O O O O O `G � ' ' O C) O --� c,, Z o- °- o o m = v V7 ' rn v v 41 CD m 3 a CD 3 a o A c o N N _< _G 0_ 0 > > O v N S S N CD �J 3 N C C W = S N W C to d CD a) A O A M I - [ @a 7 (E IJ }\ \ § \ \ \f[. y7 0 k cd \ \\§/ k \)\ ( ƒ/ ()/ ` \EL E CD \k *a 3I J§ ®k ®m f / *E §g «e /w -&e §s %3#3 ƒa /a \ 0 � \ / EL 70 f ' /e§ e a o j \ \ 0E a 3 § I # LU \) \ § {) /§ k\ 23 (E IJ }\ \ § \ \ \f[. y7 0 \/( \ \\§/ k \)\ ( ƒ/ ()/ :m,k *a 3I J§ %o� &3E 0E a 3 § I # LU \) \ § {) /§ k\ 23 (E IJ § \ \ \f[. 0E a 3 § I # LU \) \ § {) /§ k\ 23 (E IJ § \f[. y7 0 E_»� \\§/ k \)\ ( ƒ/ ()/ :m,k *a 3I J§ %o� &3E [� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: PILOT HOMELESS PROPERTY STORAGE CHECK -IN CENTER AND ENHANCED PUBLIC RESTROOMS SERVICES {STRATEGIC PLAN 1, 1G} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_AVJJ_:T9TWW ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize negotiations and City Manager authority to enter into an agreement with Mercy House for the operation of a pilot property storage check -in center for use by the homeless in the Civic Center vicinity and allocate a project budget of $54,500 for start-up costs and $136,000 for annual operating expenses for a total amount not to exceed $190,500, subject to approval by the City Attorney, with provision for a one -year extension exercisable by the City Manager. 2. Direct the City Manager to enter into negotiation with the Orange County Transit Authority and the County of Orange to amend the Memorandum of Understanding to extend the public restrooms hours at the Santa Ana Transit Terminal. 3. Approve an appropriation adjustment recognizing $205,500 in general fund unassigned fund balance and allocate the same in the General Non - Departmental account (01105015- 62300). DISCUSSION The City of Santa Ana's homeless population is estimated to represent approximately 20 percent of Orange County's total, according to the last official county -wide count in 2013. Although incidents of homelessness can be observed throughout the city, it is most visible in the Civic Center area. The need to enhance homeless services and provide solutions to this long standing challenge is recognized at the local, regional and federal level. The presence of a large homeless population in our government center poses concerns for the visiting public, employees, and the he significant blight; and increased demand for police an( population has also attracted the attention of faith -based feed the homeless. These groups routinely bring food, the homeless, often in an uncoordinated manner which waste of resources. several issues, including public safety neless themselves; poor sanitation and maintenance services. The homeless and charity groups seeking to sere and :lothing and other goods to distribute to inadvertently creates redundancy and a The City's existing lost and abandoned property policy was created to maintain public recreational properties, parks, and Civic Center grounds in an attractive, safe and clean 65C -1 Pilot Homeless Property Storage Check -in Center And Enhanced Public Restrooms Services December 16, 2014 Page 2 condition. This policy complies with State and City laws whereby lost or abandoned property is stored for 90 days. Due to the significant and visible blight in the Civic Center, the policy is routinely enforced in the area. However, staffing and storage limitations are continuous challenges. Due to the need to improve conditions in the Civic Center, staff was directed to evaluate and develop a proposal for a pilot property storage check -in center. Similar projects have been implemented in other cities and have been reported to effectively reduce blight by providing the homeless safe and secure storage of important belongings. In addition, the check -in centers allow homeless individuals improved opportunity to seek employment; attend medical appointments, job interviews, and job or educational training; and connect to existing services and housing programs. Staff recommends Mercy House as the operator of the pilot check -in center as they currently operate the City's homeless emergency shelter and have proven experience and ability to operate similar programs for other local municipalities, including the City of Anaheim and the City of Ontario. The pilot project agreement will require Mercy House to meet the following minimum requirements: • Operate and manage access to three customized commercial storage units (approximately 45' x 8' x 8') at a designated location. Storage facility will provide storage for approximately 225 homeless individuals. • The program will operate two shifts daily, seven days a week from 6:00 am to 8:00 am and 4:00 pm to 6:00 pm. • Electrical outlets for charging cell phones and other small electronic devices will be provided. • Development and implementation of appropriate program policies and procedures for the collection, storage, retrieval and disposal of personal property. • On -site program staff members will provide emergency case management, resource referral services, and assistance with basic needs such as government identification and bus passes. • Coordination of food distribution by volunteers, charity groups and other organizations. • 20 hours of additional targeted outreach and assistance to the transient and homeless population in the vicinity. • Performance measures to evaluate program effectiveness including data collection of the number of clients served, outreach contracts, client referrals, and individuals /families placed in other housing opportunities. Mercy House will be responsible for supplying all materials and equipment required to establish the pilot program. All materials and equipment shall be adequately maintained and will be the property of the City of Santa Ana should the program terminate or the operator change. Mercy House will be compensated up to $190,500 for a period of twelve months which includes an estimated budget of $54,500 for start-up costs, and up to $136,000 for an additional twelve months should the agreement be extended by the City Manager. As the pilot project is intended to serve thgg��CC�iv,,!I',,c enter area, which is managed by the Civic Center Authority via a Joint Powers Agree�A4Tit.(4 ) between the City of Santa Ana and the Pilot Homeless Property Storage Check -in Center And Enhanced Public Restrooms Services December 16, 2014 Page 3 County of Orange, the City will seek the collaboration and support from the County of Orange to provide shared funding and identify an adequate location for the program. City staff have conducted an evaluation and analysis of various sites for the check -in center within the vicinity and recommend the designated site to be within the Civic Center Authority boundaries to facilitate potential joint partnership and funding thru the JPA. Staff's initial analysis indicate two potential options: 1) a portion of the surface parking lot adjacent to the County's Hall of Administration and Building 16 off the corner of Santa Ana Blvd and Ross Street and 2) the vacant OCTA Santa Ana Transit Terminal (SATT) located 400 E. Santa Ana Blvd. Both locations are owned by other public agencies and not controlled by the City of Santa Ana. Establishing a check -in center at these locations would require the cooperation and approval of the respective public agency. Further, staff recommends extending the public restrooms hours which are available at the OCTA SATT. The public restroom facilities at this location are currently provided under a Memorandum of Understanding (MOU) between OCTA, the County of Orange, and the City of Santa Ana. The MOU includes a cost sharing agreement which obligates the City and County to reimburse OCTA for custodial services at the site in an annual amount not to exceed $20,434 each for a total aggregate amount of $40,868. Restrooms are currently open from 8:00 am to 10:00 pm. Staff recommends pursuing an amendment to the MOU to extend the hours by two additional hours, from 6:00 am to 10:00 pm. The extended hours would complement the check -in center and assist in providing improved sanitary conditions in the Civic Center. Alternatively, the City could seek to provide portable restrooms in the area. The recommended action includes $15,000 within the $205,500 in additional recognized revenue to provide funding for enhanced restrooms facilities. The pilot check -in center project and extension of the restroom hours at the OCTA SATT were presented to the City Council Public Safety Committee meeting on December 8, 2014. The Committee took action to support the staff recommendations outlined in this staff report and recommended the item be presented to the full City Council for consideration and approval. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 1 Community Safety, Objective No. 1 (Modernize the Community Policing Philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety) Strategy G (Participate and collaborate with government agencies and community groups to assist in providing resources for the homeless population). FISCAL IMPACT The appropriation adjustment will recognize $205,500 in general fund reserves and appropriate same to the General Non - Departmental expenditure account (no. 01105015- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 650 -4e & Management Services Agency _ 65C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: RESOLUTION AUTHORIZING SUBMISSION OF GRANT APPLICATION TO CALTRANS ELDERLY & DISABLED PERSONS SPECIALIZED TRANSIT PROGRAM AND DESIGNATING CITY'S SIGNATORY ON GRANT DOCUMENTS (STRATEGIC PLAN NO. 5,2 & 2,4) C CITY MANAGgt RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt resolution authorizing staff to submit a 2013 Caltrans grant application for Federal Transit Administration (FTA) Section 5310 Elderly & Disabled Specialized Transit funding to purchase a replacement 12- passenger bus and designating the Corporate Yard Facilities & Fleet Services Manager as City's signatory for said grant. DISCUSSION Parks, Recreation and Community Services Agency (PRCSA) operates the Seniors on the Go program, which is a specialized transit program for elderly & disabled persons. The program has utilized surplused gasoline - fueled transit buses that have been donated by the Orange County Transportation Authority (OCTA). Unfortunately, these donated vehicles are older with high mileage which results in higher maintenance and fuel costs. Last year, the City was awarded a similar grant from OCTA to replace two of the surplus transit buses, and this grant proposal will replace the remaining older transit bus. Staff requests authority to apply for Caltrans FTA Section 5310 grant funds for the purchase of one new specialized transit bus to replace the remaining transit bus from OCTA. Staff also requests the designation of the FFCS Manager as the official City signatory for the submission, execution, and implementation of said grant. In line with the FFCS 5 -Year Alternative Energy Strategic Plan to move the City's Fleet operations from conventional fuel (diesel and gasoline) to alternative energy, the gasoline - fueled surplus bus will be replaced by a new bus fueled by Compressed Natural Gas (CNG). This will generate fuel cost savings as CNG costs less than gasoline by approximately $2.00 per gallon. The City's Corporation Yard has an existing CNG fueling station which provides fuel for City vehicles that use this fuel type. City residents will also directly benefit from this fuel conversion because, compared 75A -1 Caltrans Elderly & Disabled Transit Program Grant December 16, 2014 Page 2 to gasoline, CNG is a cleaner fuel with much lower levels of pollutants and greenhouse gas emissions. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Go Sustainability, Objective #2, Expand oppo sustainability and Goal # 2 Youth, Education & organizations to promote education, senior se Ana residents. FISCAL IMPACT al #5 Community, Health, Livability, Engagement & rtunities for conservation and environmental Recreation, Objective #4 Partner with groups and rvices, job training and development for all Santa There is no matching requirement associated with this grant. Ongoing vehicle maintenance will be provided by FFCS staff as part of their routine maintenance schedule. APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez, Executive Director Finance and Management Services Agency CL Attachment: Council Resolution Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 75A -2 KCN/11/24/2014 RESOLUTION NO.2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING STAFF TO APPLY FOR FEDERAL TRANSIT ADMINISTRATION FUNDING PURSUANT TO 49 U.S.C. SECTION 5310 WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS Section 1. The City Council and City of Santa Ana hereby finds, determines, and declares as follows: A. The U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital projects for non - urbanized public transportation systems under Section 5310 of the Federal Transit Act (FTA C 9070.1 F); and B. The California Department of Transportation ( "Department ") has been designated by the Governor of the State of California to administer Section 5310 grants for transportation projects for the elderly and disabled; and C. The City of Santa Ana desires to apply for said financial assistance to permit operation of paratransit service in Santa Ana, California; and D. The City of Santa Ana has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies). Section 2. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City of Santa Ana does hereby authorize Facilities -Fleet Maintenance - Central Stores Manager to file and execute applications on behalf of the City of Santa Ana with the California Department of Transportation to aid in the financing of capital projects pursuant to Section 5310 of the Federal Transit Act (FTA C 9070.1F), as amended. IT IS FURTHER RESOLVED AND ORDERED that Facilities -Fleet Maintenance - Central Stores Manager is authorized to execute and file all certification of assurances, contracts or agreements or any other document required by the Department. That Facilities -Fleet Maintenance - Central Stores Manager is authorized to provide additional Resolution No, 2014 - Page 1 of _3 75A -3 information as the Department may require in connection with the application for the Section 5310 projects. IT IS FURTHER RESOLVED AND ORDERED that Facilities -Fleet Maintenance - Central Stores Manager is authorized to submit and approve request for reimbursement of funds from the Department for the Section 5310 projects. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: K C. Nellesen, Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Council Councilmembers: 2 75A -4 Miguel A. Pulido Mayor Resolution No, 2014 - Page 2 of _3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Maria D. Huizar, Clerk of the Council Resolution No. 2014_ Page 3 of 3 75A -5 75A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 16, 2014 TITLE: PUBLIC HEARING - RESOLUTION ESTABLISHING FEES FOR MEDICAL MARIJUANA REGISTRATION APPLICATION AND REGULATORY SAFETY PERMIT {STRATEGIC PLAN NOS. 4 -2A, 1 -1F} f��= � 44 'CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _••:• I, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing fees for Medical Marijuana Registration Application and Regulatory Safety Permit in accordance with Ordinance Number NS -2864. DISCUSSION Since the approval of Measure BB by the voters on November 4, 2014, staff has begun developing the required processes and procedures to implement Ordinance Number NS -2864. The adopted Ordinance establishes a two -step process for determining appropriate locations for potential medical marijuana collectives /cooperatives and ensuring that operators at these locations meet the adopted development and operational requirements. The Ordinance also provides for the establishment of a City Council approved no- refundable processing fees for both the Registration Application and Regulatory Safety Permit components in the approval process. The recommended fees will recover 100 percent of the City's costs associated with the design, and implementation of these two applications, while the taxing components are established to ensure sufficient revenue for the ongoing enforcement of the Ordinance and any potential impacts of medical marijuana collectives. Medical Marijuana Registration Application Fee The Medical Marijuana Registration Application is the first step in the process, and is primarily responsible for ensuring that the proposed location is within the eligible area as established in the Ordinance. The application also requires confirmation that the applicant is authorized by the property owner to operate a medical marijuana collective /cooperative at the specified location. Further, Section 18- 617.01 of the Ordinance states that each collective /cooperative interested in operating within the City must submit an application together with a non - refundable processing fee established by the City Council. The methodology used to determine the appropriate fee amount included both the direct and indirect costs associated with providing the service. Direct costs were calculated by determining the actual time and materials involved in processing the 7513-1 Medical Marijuana Registration Application & Regulatory Safety Permit Fees December 16, 2014 Page 2 applications from the submittal of the application through the lottery process. Indirect costs, including interdepartmental assistance from the City Attorney's Office, City Manager's Office, Public Works Agency and Finance and Management Services Agency, were calculated based on the total expenses associated with the Registration Application process and then divided by the anticipated number of applications received. This methodology is similar to the one used to calculate full cost recovery fees within the Planning and Building Agency. Based on the anticipated volume of Registration Applications for medical marijuana collectives/ cooperatives, at full cost recovery, the Registration Application is recommended to be $1,690. Regulatory Safety Permit Based on the results of the Registration Application, a limited number of medical marijuana collectives /cooperatives will be eligible to apply for the Regulatory Safety Permit. Section 18- 617.2 of the adopted Ordinance specifies that applications will be submitted to the Police Department for review and background checks. The Police Department will have 60 -days to review the submitted application and make a determination on the Permit. The 60 -day background period shall commence once the applicant and all employees of the collective /cooperative have submitted complete background applications which will be provided by the Police Department. The determination of whether the application is complete and 60 -day review process is ready to commence shall be at the discretion of the Chief of Police or his designee. During the 60 -day review period, the Police Department will perform a thorough background check process including: 1. Check of the California Law Enforcement Telecommunications System (CLETS), National Crime Information Center (NCIC), and local arrest/conviction databases, including criminal histories of AKA's of all applicants. 2. Contact and follow up with persons /entities listed in background application to determine accuracy of applicant statements. 3. Facilitation of Live -Scan testing for applicants and review of results or discrepancies. 4. Research of past applications for medical marijuana collectives /cooperatives with other jurisdictions. 5. Signed acknowledgment by owner /operator that he /she will comply with all applicable health, zoning, fire, safety requirements, and that they are compliant with the California Department of Justice (DOJ) guidelines. Following the completion of the background check review, the second component of the Regulatory Safety Permit process is the on -site inspection. This will be performed by staff from the Police Department, Planning and Building Agency, Orange County Fire Authority and Orange 75B -2 Medical Marijuana Registration Application & Regulatory Safety Permit Fees December 16, 2014 Page 3 County Health Department (if food products are proposed for sale). This on -site inspection will occur prior to opening for business and will ensure that the proposed collective /cooperative meets the operational and site requirements outlined in the Ordinance. These include such items as the installation of closed- circuit cameras, licensed on -site security guard, compliant signage, suitable ventilations systems, as well as all applicable building code standards such as exiting and accessibility. Similar to the Registration Application, the methodology used to determine the appropriate fee to recover the full costs associated with the development, review, and maintenance of the Regulatory Safety Permit were considered. Based on this analysis, to provide a thorough background check and inspection process the proposed fee for the Regulatory Safety Permit is $12,086. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 1 Community Safety, Objective 1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety), Strategy F (Enhance the Police Department's community policing philosophy to balance both traditional policing and problem solving strategies to address and reduce violent, property and gang related crimes) as well as Goal No. 4 City Financial Stability, Objective No. 2 (Provide a reliable five -year financial forecast that ensures financial stability in accordance with the strategic plan) Strategy A (Adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT Based on the anticipated number of Registration Applications and Regulatory Safety Permits received, City staff estimates the fees will generate $169,000 in Registration Application revenue and $241,720 in Regulatory Safety Permits (Account No. 01116002- 53626). It is important to note that while the Registration Application revenue is a one -time fee per application, the Regulatory Safety Permit revenue will be received annually as part of the Regulatory Safety Permit renewal process. Vince Fregos Interim Executive- erector Planning & Building Agency MF:rb mflreports \Medical Marijuana Fee RFCA APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency J 75B -3 75B -4 ROH: 12/16/14 RESOLUTION NO. 2014 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING FEES FOR THE MEDICAL MARIJUANA REGISTRATION APPLICATION AND THE REGULATORY SAFETY PERMIT IN ACCORDANCE WITH ORDINANCE NUMBER NS -2864 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Ordinance Number NS -2864, approved as Measure BB by the voters on November 4, 2014, establishes a two -step process for determining appropriate locations for potential medical marijuana collectives / cooperatives and ensuring that operators at these locations meet the adopted development and operational requirements. The Ordinance also provided that the City Council may establish non - refundable processing fees for both the Registration Application and Regulatory Safety Permit components in the approval process. B. Section 18- 617.01 of the Santa Ana Municipal Code states that each collective / cooperative interested in operating within the City must submit an application together with a non - refundable processing fee established by the City Council. C. Based on the anticipated volume of Registration Applications for medical marijuana collectives / cooperatives, at full cost recovery, the Registration Application is recommended to be $1,690. D. Section 18 -617.2 of the Santa Ana Municipal Code also specifies that applications must be submitted to the Police Department for an annual Regulatory Safety Permit, along with a non- refundable fee as established by the City Council for the cost of the required review and investigation. E. Based on an analysis of the required thorough background check and inspection process, the proposed fee for the Regulatory Safety Permit is $12,086. The City Council hereby incorporates, as though fully set forth herein, the Request for Council Action accompanying this matter. 75B_5 Resolution No. age 1 of 3 Section 2. The City Council hereby establishes the following fees relating to medical marijuana collectives and cooperatives: A. The Registration Application fee in the amount of $1,690. B. The Regulatory Safety Permit fee in the amount of $12,086. Section 3. That without further action of the City Council the Registration Application fee and the Regulatory Safety Permit fee shall be incorporated into the City's Miscellaneous Fee Schedule. ADOPTED this day of 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney i ge Ci Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Resolution No. 2014 -xx Page 2 of 3 Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 75B -6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -xx to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75B -7 Resolution Page 3 of 3 75B -8 REQUEST FOR COUNCIL/ HOUSING AUTHORITY ACTION MEETING DATE: DECEMBER 16, 2014 TITLE: HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2013 -14 — LOW AND MODERATE INCOME HOUSING ASSET FUND (STRATEGIC PLAN NO. 5, 1) CIT� MANAGER A; �; VE DIREC CITY COUNCIL ACTION Receive and file. HOUSING AUTHORITY ACTION Receive and file. CLERIC OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Pursuant to the Dissolution Act, the City Council on January 9, 2012, designated the Housing Authority as the Successor Housing Agency to the dissolved Community Redevelopment Agency of the City of Santa Ana (RDA). Effective February 1, 2012, the Housing Authority retained the housing assets, duties, functions and obligations of the former RDA and continued to complete the housing development projects encumbered prior to the dissolution of the RDA. Senate Bill (SB) 341, signed by the Governor on October 1, 2013, amended the Health & Safety Code Section 34176 and addresses functions to be performed by the Housing Successor Agencies. This bill, effective January 2014, requires all housing successor agencies to provide an annual report to its governing body within six months after the end of the fiscal year, starting with FY 2013 -14. Among the requirements is an independent financial audit of the Low and Moderate Income Housing Asset Fund (LMIHAF), and information regarding specific housing financial data and activities. The independent financial audit of the LMIHAF is included in the City's Comprehensive Annual Financial Report (CAFR) for FY 2013 -14, as prepared by the Finance and 80A -1 Housing Successor Annual Report December 16, 2014 Page 2 Management Services Agency and, posted on the City's website at http://www.santa- ana.o ra /finance /cafr /defau It. asp. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #b — Community Health, Livability, Engagement & Sustainability, Objective #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. ���as1'�Ii�17T•�ii There is no fiscal impact associated with this action. WhAw Kelly Ree ers Executive irector Community Development Agency KR/SG Exhibit: 1. Housing Successor Annual Report FY 2013 -14 80A -2 HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2013 -2014 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of December 16, 2014. This Report sets forth certain details of the Housing Authority of the City of Santa Ana (Housing Successor) activities during Fiscal Year 2013 -2014 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund, as incorporated in the City of Santa Ana Comprehensive Annual Financial Report for Fiscal Year 2013 -2014 (Fiscal Year) as prepared by Macias Gini & O'Connell LLP (Audit), which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XI., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law: Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. IL Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. §9A � HOUSING AUTHORITY OF THE CITY OF SANTA r a v Page 1 V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project. VIII. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor's progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor's plans to meet unmet obligations, if any. IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. However, reporting of the Income Test is not required until 2019. X. Senior Housing Test: This section provides the percentage of units of deed - restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed - restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten -year period reviewed is January 1, 2004 to January 1, 2014. XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. This Report is to be provided to the Housing Successor's governing body by December 31, 2014. In addition, this Report and the former redevelopment agency's pre - dissolution HOUSING AUTHORITY OF THE CITY OF SANTA Page 2 Implementation Plans are to be made available to the public on the City's website (http://www.santa-ana.or-q/cda/oversight.asp.) AMOUNT DEPOSITED INTO LMIHAF A total of $1,496,182 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $709,670 was held for items listed on the ROPS. II. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $6,829,185 of which $0 is held for items listed on the ROPS. III. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: The independent financial audit of the Low and Moderate Income Housing Asset Fund includes an additional $8,304,317 in expenditures. These expenditures include real properties transferred to developers as required by the disposition and development agreements and partial payment of the unobligated amount identified in the Low and Moderate Income Housing Fund Due Diligence Review. HOUSING AUTHORITY OF THE CITY OF SANTA Page 3 IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor. V. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year. VI, PROJECT DESCRIPTIONS The following is a description of project(s) for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS as well as the status of the project(s): Habitat for Humanity Project currently underway. The following sites were completed and sold to qualified homeowners: 1029 McLean, 4809 Edinger, 717 E. 3rd Street, 1121 Cypress, and 1114 Cypress. The following sites are currently under construction: 812 Concord, 1314 Eastwood, 719 N. Concord, and 4010 W. McFadden. 4110 W. McFadden is currently in the entitlement process and construction is anticipated to start towards the end of FY 14/15. in FY 13114 HOUSING AUTHORITY OF THE CITY OF SANTA ANA Page 4 I WBBB — 2034 -2038 N. Bush Completed in FY 13/14 1 I WBBB — 435 -437 S. Birch Completed in FY 13/14 1 Station District Lawsuit Settlement On- going; loans provided to two single family (Lacy Fund) rehabilitation projects VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property. With respect to interests in real property acquired by the former redevelopment agency priorto February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five -year period: The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012: HOUSING AUTHORITY OF THE CITY OF SANTA §9 14 Page 5 VIII. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, the following replacement housing obligations were transferred to the Housing Successor: One (1) very-low income five - bedroom unit, which was removed in 2005. The replacement housing obligation transferred to the Housing Successor was fulfilled with WBBB project that accommodated a five - bedroom unit within the site. At the end of Fiscal Year 2013 -2014, the Housing Successor has met all replacement housing obligations transferred from the former redevelopment agency. Inclusionary /Production Housing. According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary /production housing obligations were transferred to the Housing Successor. The former redevelopment agency's Implementation Plans are posted on the City's website at http://www.santa- ana.org /cda /oversight. asp. IX. EXTREMELY -LOW INCOME TEST Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely -Low Income requirement in any five -year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AM[ until the Housing Successor demonstrates compliance with the Extremely -Low Income requirement. This information is not required to be reported until 2019 for the 2014 — 2019 period. HOUSING AUTHORITY OF THE CITY OF SANTA Page 6 X. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed - restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and /or the City within the previous 10 years in relation to the aggregate number of units of deed - restricted rental housing assisted by the Housing Successor, the former redevelopment agency and /or City within the same time period. If this percentage exceeds 50 %, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed - restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10 year period of January 1, 2004 to January 1, 2014: XI. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor's preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: The LMIHAF does not have an Excess Surplus. (Refer to calculation below.) HOUSING AUTHORITY OF THE CITY OF SANTA Al ` Page 7 Fund Balance — June 30, 2014 $17,996,580 Less Unavailable Amounts: Advance to private - purpose trust fund ( 4,751,291) Community development ( 6,825,211) Land held for resale ( 6,420,078) Available Low Income Housing Funds Limitation (Greater of $1,000,000 or Four Years Deposits): Aggregate amounts deposited for preceding four fiscal years 2010-2011 - 2011 —2012 58,870,637 2012-2013 506,303 2013-2014 1,496,182 Total deposits for the preceding four fiscal years 60,873,122 Base limitation 1,000,000 Greater Amount 60,873,122 Computed Excess Surplus — June 30, 2014 HOUSING AUTHORITY OF THE CITY OF SANT _ Page 8