Agenda packet — Santa Ana City Council, April 5, 2022 (part 2 of 4)

and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for:
(1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this article and may result in penalties described. (c) Any records obtained by city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City enforcement official is authorized to conduct any inspections, remote monitoring, and/or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws.
(e) City enforcement official shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 regulations, including receipt of anonymous complaints.

Sec. 16-40. - Enforcement.
(a) Violations of SB 1383 requirements
(1) Violation of the SB 1383 requirements of this article shall constitute grounds for issuance of a notice of violation and assessment of a fine by city enforcement official or representative. Except as otherwise provided, enforcement actions under this article are issuance of an administrative citation, designated as an infraction, and assessment of a fine. The city’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued under this section.
(2) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. (3) Process for enforcement
(A) City enforcement official will monitor compliance with this article, including the organics waste diversion requirements thereof, randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program that may include remote monitoring.
(B) City may issue an official notification to notify regulated entities of its obligations under this article.
(C) For incidences of prohibited container contaminants found in containers, city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided by cart tag or other communication immediately upon identification of the prohibited container contaminants or within one (1) day after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator’s containers on more than three (3) consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator.

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(D) With the exception of violations of generator contamination of container contents addressed in this section, city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
(E) Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, by administrative citation and fine, pursuant to the Santa Ana Municipal Code. (4) In accordance with City’s administrative fine schedule, the penalty levels are as follows:
(A) For a first violation, the amount of the penalty shall be $100. (B) For a second violation of the same provision within one year from the date of the first violation, the amount of the penalty shall be $200. (C) For each additional violation of the same provision within one year of the first violation, the amount of the penalty shall be $500. (5) The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(A) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(B) Delays in obtaining discretionary permits or other government agency approvals; or,
(C) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity, and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (b) Other violations
(1) The following violations shall be subject to issuance of an administrative citation, designated as an infraction, and assessment of a fine in the amounts and schedule fixed in subsection (a). The city’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued under this section.
(A) No person shall allow containers to remain along, at, or near any public street, sidewalk, parkway (excluding alleys), or in any area visible from a public street or in public view, except:
(i) Between the hours of 4:00 p.m. of the day preceding the person's weekly collection day and midnight of such collection day; or (ii) During any period in which regular collection service is interrupted or delayed.
(B) All containers obtained from the city's solid waste collection contractor, and all enclosures and surrounding areas, shall be maintained in a reasonably City Council 13 – 37 4/5/2022
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sanitary condition, free from obnoxious odors and from attachments of solid waste likely to create breeding grounds for insects or vermin, beyond that incidental to solid waste deposited since the previous collection; provided that persons receiving bin service may order bin cleaning services, subject to a fee, from the city's solid waste collection contractor in lieu of cleaning such bins themselves.
(C) No person receiving curbside service shall use any container for solid waste collection purposes other than the containers which are provided either by the city or the city's solid waste collection contractor. (D) No person shall use the containers of another person for disposal of discarded materials without the consent of such other person. (E) No person shall remove discarded materials from containers or from the place where they have been put for collection by the city's solid waste collection contractor, except (1) those persons entitled to the use of such container or place for the disposal of their solid waste, and (2) the city's solid waste collection contractor.
(F) No person shall damage or alter the appearance of
containers.
(G) No person shall remove and/or relocate any container from the curbside service unit to which it was furnished or supplied by the city's solid waste collection contractor.

Sec. 16-40.5. - Change in contractor or control; general application and definitions.
(a) Sections 16-40.5 through 16-41.5 shall apply to any corporation, company, partnership, trust, estate, association, joint venture or other legal or commercial entity operating within the city that employs workers to perform waste disposal services. (b) "Change in contract" shall mean any change by the city of any waste services provider with whom the city contracts to provide waste disposal services. (c) "Change in control" shall mean any sale, assignment, transfer, contribution or other disposition of all or substantially all of the assets or a controlling interest (including by consolidation, merger, or reorganization) of the incumbent operator, or any person who controls such incumbent operator, in a waste services provider, to a new operator. (d) "City" shall mean the city of Santa Ana.
(e) "Incumbent operator" shall mean the person who owns, controls, and/or operates a waste services provider prior to a change in control or change in contract. (f) "New operator" shall mean the person who owns, controls and/or operates a waste services provider following a change in control or change in contract.

City Council 13 – 38 4/5/2022
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(g) "Person" shall mean an individual, corporation, partnership, limited partnership, trust, estate, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.

(h) "Qualified displaced worker" shall mean any person employed by an incumbent operator or any subcontractor of the incumbent operator of a waste services provider who:

(1) Is not an "exempt" employee under the Fair Labor Standards Act (FLSA), and

(2) Has been employed at the establishment by the incumbent operator or any subcontractor of the incumbent operator for at least thirty (30) calendar days prior to the execution of the transfer document.
(i) "Transfer document" shall mean the document effecting a change in control or change in contract.

(j) "Waste disposal services" shall mean the collection, transfer, transport, recycling, processing and/or disposal of residential, and commercial, industrial solid waste and solid waste generated at temporary construction and demolition sites under contract to the city through a franchise or other exclusive or non-exclusive agreement.

(k) "Waste services provider" shall mean any entity identified in section 16.41.5 of this article and any subcontractor of such an entity providing waste disposal services.

Sec. 16-41. - Employee retention/preferential hiring/wage maintenance. (a) Within ten (10) days of the execution of a transfer document, an incumbent operator shall provide to the new operator and the executive director of public works a list of all of the employees of the incumbent operator of a waste services provider, including each employee's name, last known address, date of hire and job classification at the time of the transfer. The new operator shall offer employment at an establishment to all qualified displaced workers.
(b) All new operator work hours performed by a waste services provider must be performed, to the extent feasible, by qualified displaced workers. Nothing herein shall be construed as requiring the new operator to create additional positions that the new operator does not need. However, prior to reducing the amount of work hours or positions utilized to perform waste disposal services at an establishment, a new operator must obtain written approval from the executive director of public works. (c) A new operator shall not discharge any qualified displaced worker, except for cause, for at least one hundred eighty (180) days from the effective date of a transfer document, or the date on which the new operator actually begins operating the waste services provider, whichever is later.

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(d) At the end of such 180-day period, the new operator (or subcontractor, where applicable) shall perform a written performance evaluation for each employee retained pursuant to the ordinance from which this section derives. If the employee's performance during such 180-day period is satisfactory, the new operator (or subcontractor) shall offer the employee continued employment.
(e) In the event that, during the 180-day transition period described in above, the new operator determines that fewer positions are needed to deliver and maintain the contracted service, the new operator shall retain qualified displaced workers by seniority.

Seniority shall be determined by reference to the collective bargaining agreement covering the qualified displaced workers, if one exists, or, if no such agreement exists, then by reference to the initial hire date with the incumbent operator of each qualified displaced worker. Any qualified displaced workers not retained by the new operator shall be placed on a preferential hiring list and considered by the new operator for any job openings that may arise.

(f) Each new operator must provide all employees of a waste services provider with wages in an amount and benefits at a value of not less than the greater of those (a) in effect at the point of execution of the transfer document or (b) in any collective bargaining agreement, whether effective or expired, between an incumbent operator and such employees. For purposes of this article, "wages and benefits" includes all wages or compensation referenced in the existing collective bargaining agreement including provisions addressing how overtime shall be calculated, employer and employee contributions for medical insurance and retirement benefits, any tool, shoe or uniform allowance, sick leave, vacation time and personal or family leave.

Sec. 16-41.5. - Retaliation and discrimination barred; no waiver of rights; enforcement.
(a) No incumbent operator or new operator shall discharge or otherwise discriminate against anyone for making a complaint, participating in any city proceeding, or using any civil remedy to enforce his or her rights, or for otherwise asserting his or her rights under the ordinance from which this section derives. (b) Any waiver by a qualified displaced worker of any or all of the provisions of the ordinance from which this section derives shall be deemed contrary to public policy and shall be void and unenforceable, except where such waiver occurs in a bona fide collective bargaining agreement. Any attempt by an incumbent operator or new operator to have a waste or recycling worker waive rights given by the ordinance from which this section derives shall constitute a willful violation of the ordinance. (c) In addition to any rights and remedies which an employee might have, under any federal or state statute or regulation or municipal ordinance or regulation or at common law, any employee claiming a violation of the ordinance from which this section derives may bring an action against an incumbent operator or new operator in the City Council 13 – 40 4/5/2022
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Superior Court of the State of California, to enforce the provisions of this ordinance, and may seek liquidated damages, back pay, any other actual damages, reinstatement, injunctive relief, punitive damages, and any other legal or equitable relief, as permitted by law. Violations of the ordinance from which this section derives are declared to irreparably harm the public and covered employees generally.
(d) The terms of the ordinance from which this section derives shall be included, by reference, in all future waste disposal services contracts entered into by the city, and all future waste services providers shall include the terms of the ordinance, by reference, in all contracts or subcontracts which the waste services provider may enter into involving waste disposal services.

Secs. 16-42—16-45. - Reserved.

Section 4. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15308 of the State CEQA Guidelines because it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance, will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency for the protection of the environment.

Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 6. This Ordinance shall become effective thirty (30) days after its adoption.

Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2021.

_________________________
Vicente Sarmiento
Mayor
City Council 13 – 41 4/5/2022
Ordinance No. NS-XXX

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APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 13 – 42 4/5/2022
Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Stormwater Channel Fencing Upgrades Phase II Project

AGENDA TITLE
Approve an Appropriation Adjustment and Award a Construction Contract to Lightning Fence Company, Inc. in the Amount of $669,348 for the Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project with an Estimated Construction Delivery Cost of $849,348 and a total Project Delivery Cost of $950,000 (Project No. 22-1390) (NonGeneral Fund) (Revive Santa Ana Program)

RECOMMENDED ACTION

1. Approve an adjustment to the Revive Santa Ana spending plan in the amount of $200,000 and approve an appropriation adjustment, moving funding from Reserve for Revenue Loss Allocation to the Stormwater Channel Fencing Upgrades Phase II Project. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $950,000 of funding in American Rescue Plan Funds for the Stormwater Channel Fencing Upgrades Phase II Project.

3. Award a construction contract to Lightning Fence Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $669,348, for construction of the Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

4. Approve the Project Cost Analysis for a total estimated project delivery cost of $950,000, which includes $669,348 for the construction contract, $55,000 for contract administration, inspection and testing, $125,000 project contingency for unanticipated or unforeseen work, and $100,652 for Design Engineering.

DISCUSSION
The Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project involves the installation of new secure fencing along City-owned stormwater channels. The two channels receiving new fencing as part of this project are the Fairview Channel (Edinger City Council 14 – 1 4/5/2022
Stormwater Channel Fencing Upgrades Phase II Project
April 5, 2022

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Avenue to McFadden Avenue) and the C-5-F Channel (Harbor Boulevard to Corta Drive) (Exhibit 1). The existing chain link fencing along City-owned stormwater channels is dilapidated and subject to trespassing. The installation of the new secure fencing will reduce water pollution, enhance public safety, and improve the aesthetics of stormwater channels.

The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on February 1, 2022.

The City notified a total of 1,436 regional vendors via PlanetBids, 83 of which are Santa Ana based. Forty-six vendors requested bidding documents. A total of 10 bids were received. However, no bids were received from Santa Ana contractors.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Lightning Fence Company, Inc. Escondido $669,348.00
2 Quality Fence Co Inc. Paramount $699,273.00
3 J & A Engineering Corp. Azusa $794,508.00
4 AZ Construction Inc. Dba ACE
Fence Company La Puente $831,958.00
5 Izurieta Fence Company, Inc. Los Angeles $923,372.08
6 Diamond Construction and Design. La Habra $950,742.00 7 C.S. Legacy Construction, Inc. Chino $975,476.67
8 Bellakai Construction Carlsbad $1,053,258.00
9 Sierra Pacific Fence, Inc. Vista $1,090,145.31
10 Econo Fence, Inc. Riverside $1,241,629.00
A total of ten bids were received, all of which were deemed responsive. Lightning Fence Company, Inc. submitted the lowest responsive base bid in the amount of $669,348 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined by the Base Bid. In the past five years, Lightning Fence Company, Inc. has performed sidewalk and fence installation work for the City’s Parks, Recreation, and Community Services Agency. Based on the bid analysis and a contractor’s reference check, staff recommends City Council 14 – 2 4/5/2022
Stormwater Channel Fencing Upgrades Phase II Project
April 5, 2022

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awarding the construction contract to Lightning Fence Company, Inc. in the amount of the base bid totaling $669,348 (Exhibit 3).

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes design engineering, construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following:
construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total delivery cost of the project is $950,000. The project contingency is higher than normal to address anticipated issues with fencing and trespassing at locations outside the original scope of work.

Project Item Total
Construction Contract $669,348
Construction Administration, Inspection, Testing $55,000 Contingencies $125,000
Design Engineering $100,652
TOTAL CONSTRUCTION DELIVERY COST $950,000

FISCAL IMPACT
On July 20, 2021, the City Council approved the Revive Santa Ana Spending Plan and appropriated $750,000 of American Rescue Plan Act (ARPA) funding for Design and Construction of this project. With the approval of the amendment to the Fiscal Year 2021- 22 Capital Improvement Program will officially incorporate this project into the program.

With approval of the $200,000 Appropriation Adjustment, to move the funding from Reserve for Revenue Loss Allocation account (No. 18110013-69011) to the Stormwater Channel Fencing Upgrades Phase II Project account (No. 18117013-66220), the new total project budget will be $950,000 (Exhibit 5). As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $849,348, which includes construction, contract administration, inspection, testing, and an authorized contingency.

The remaining $100,652 was allocated for project Design Engineering.

The following table summarizes the funds budgeted and available for expenditure to deliver this project.

City Council 14 – 3 4/5/2022
Stormwater Channel Fencing Upgrades Phase II Project
April 5, 2022

Page 4 ends

Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit - Account
No. Description Amount

APPROPRIATION ADJUSTMENT
2021-22 18117013-66220
(22-1390)
American
Rescue Plan
Act

ARPA-PWA,
Improvements Other Than
Building
$200,000

EXISTING PROJECT BUDGET
2021-22 18117013-66220
(22-1390)
American
Rescue Plan
Act

ARPA-PWA,
Improvements Other Than
Building
$750,000
Total $950,000

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. FY 2021-22 CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 14 – 4 4/5/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-1390:

Stormwater Fencing Upgrades Phase II
EXHIBIT 1
- Project Locations
Legend
City Council 14 – 5 4/5/2022
City Council 14 – 6 4/5/2022
City Council 14 – 7 4/5/2022
City Council 14 – 8 4/5/2022
City Council 14 – 9 4/5/2022
City Council 14 – 10 4/5/2022
City Council 14 – 11 4/5/2022
City Council 14 – 12 4/5/2022
Construction Contract $ 669,348.00
Contract Administration, Inspection and Testing $ 55,000.00 Contingencies $ 125,000.00
Design Engineering $ 100,652.00
TOTAL ESTIMATED CONSTRUCTION COSTS $ 950,000.00
CONSTRUCTION OF PROJECT NO. 22-1390: Stormwater Fencing Upgrades Phase II

COST ANALYSIS
City Council 14 – 13 4/5/2022
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Installation of new secure fencing along City-owned stormwater channels.

PROJECT NEED:

Existing chain link fencing is dilapidated and subject to trespassing.

The installation of the new secure fencing will reduce water pollution, enhance public safety, and improve the aesthetics of stormwater channels.

PROJECT TITLE:

Stormwater Channel Fencing
Upgrades Ph II
PROJECT CATEGORY:

Utility/Drainage/Lighting
Improvements
Storm Drain/Water Quality

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Craig Foster, NPDES Manager 15-Mar-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 850,000 - - - - - -
Engineering 100,000 - - - - - -
TOTAL 950,000 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 950,000 - - - - - -
TOTAL 950,000 - - - - - -
City Council 14 – 14 4/5/2022
Public Works Agency
Parks, Recreation & Community Services
www.santa-ana.org/pw
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Cabrillo Park Irrigation Renovation Project

AGENDA TITLE
Approve Appropriation Adjustment and Award a Construction Contract to Marina Landscape Inc. in the Amount of $469,000 for the Cabrillo Park Irrigation Renovation Project with an Estimated Project Delivery Cost of $587,000 (Project No. 21-2727) (NonGeneral Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing revenue received in Fiscal Year 21- 22 in the amount of $319,143 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 2021-22 capital operating expenses. (Requires five affirmative votes)

2. Award a construction contract to Marina Landscape Inc, the lowest responsible bidder, in accordance with the base bid in the amount of $469,000, for construction of the Cabrillo Park Irrigation Renovation, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,000 which includes $469,000 for the construction contract, $71,000 for contract administration, inspection and testing, and a $47,000 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $319,143 in construction funds for the Cabrillo Park Irrigation Renovation Project.

DISCUSSION
The Cabrillo Park Irrigation Renovation Project involves replacing the outdated irrigation system at Cabrillo Park (Exhibit 1). The main irrigation line at Cabrillo Park was installed City Council 15 – 1 4/5/2022
Cabrillo Park Irrigation Renovation Project
April 5, 2022

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with transit piping. The transit pipe is difficult to repair when the main line breaks. In addition, the old system was not designed for zone coverage and the irrigation heads are spaced too far apart to provide adequate water coverage for the sports and passive turf areas. The new irrigation system is designed with zone coverage to adequately control watering in the ballfield and the passive areas. The entire system is designed with PVC piping and state-of-the-art controllers (Exhibit 2). The installation of this system will improve watering and maintenance of Cabrillo Park.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 13 and January 20, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on February 1, 2022.

The City notified a total of 796 regional vendors via PlanetBids, 54 of which are Santa Ana based. Fifty-five vendors requested bidding documents. A total of 5 bids were received. However, no bids were received from Santa Ana contractors.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Marina Landscape, Inc. Orange $469,000
2 Griffith Company Brea $474,950
3 Urban Habitat La Quinta $502,050
4 Diamond Construction & Design La Habra $574,060
5 Elegant Construction, Inc. Irvine $596,250
A total of five bids were received, and all were deemed responsive. Marina Landscape Inc. submitted the lowest responsive base bid in the amount of $469,000.00 (Exhibit 3).

As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Marina Landscape Inc., in the amount of the base bid totaling $587,000.00 (Exhibit 4). Marina Landscape Inc. has not performed work in the City of Santa Ana in the last five years.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.

Construction administration and inspection includes the following: construction management; implementation of the City’s Community Workforce Agreement City Council 15 – 2 4/5/2022
Cabrillo Park Irrigation Renovation Project
April 5, 2022

Page 3 ends

requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $587,000.

Project Item Total
Construction Contract $469,000.00
Construction Administration, Inspection, Testing $71,000.00 Contingencies $47,000.00
TOTAL CONSTRUCTION DELIVERY COST $587,000.00

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $587,000, which includes construction, contract administration, inspection, testing, and an authorized contingency. Upon approval of the appropriation adjustment, $319,143 will be recognized from the FY 2021-22 District Park Acquisition & Development Fees revenue account (31213002-53300) and appropriate the same amount into the Residential Development District 2, Acquisition & Development, Improvements Other Than Building expenditure account (No. 31213260-66220) for FY 2021-22 capital operating expenses. Approval of the amendment to the FY 2021-22 Capital Improvement Program (Exhibit 6) will officially incorporate these funds in the amount of $319,143 to the program.

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project.

Fiscal
Year
Accounting Unit -
Account No. Fund Description
Accounting Unit -
Account No.

Description
Amount
Project Available Funds
2021-22 31213260-66220
(21-2727)
Residential
Development
District 2 2)
Acquisition &
DevelopmentImprovements Other
Than Building
$267,857
Appropriation Adjustment
2021-22 31213260-66220
(21-2727)
Acquisition &
Development
Fund (District 2)
Acquisition &
Development- $319,143
City Council 15 – 3 4/5/2022
Cabrillo Park Irrigation Renovation Project
April 5, 2022

Page 4 ends

Improvements Other
Than Building
Total $587,000

EXHIBIT(S)

1. Location Map

2. Construction Plans

3. Bid Proposal

4. Construction Contract

5. Cost Analysis

6. FY 2021-22 Capital Improvement Program Sheet
Submitted By: Nabil Saba, Executive Dir Public Works and Lisa Rudloff, Executive Dir Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 15 – 4 4/5/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 21-2727:

Cabrillo Park Irrigation Renovation
EXHIBIT 1
City Council 15 – 5 4/5/2022
City Council 15 – 6 4/5/2022
City Council 15 – 7 4/5/2022
City Council 15 – 8 4/5/2022
City Council 15 – 9 4/5/2022
City Council 15 – 10 4/5/2022
City Council 15 – 11 4/5/2022
City Council 15 – 12 4/5/2022
City Council 15 – 13 4/5/2022
City Council 15 – 14 4/5/2022
City Council 15 – 15 4/5/2022

PUBLIC WORKS AGENCY

REVISIONS REFERENCES
R
Robert J. Hatch, P.E. CA # E16118
EXP. 12/31/23
F
E
T
E16118

T STA E O
EL

TSI GER
R
DERE
EBO R
PRO
O
L CA
CTR
IF L

I CA A NR I
N
TC S
J
FES
HA .

G RE NE I NE LA
H
City Council 15 – 16 4/5/2022
C
T
C
T

PUBLIC WORKS AGENCY

REVISIONS REFERENCES
R
Robert J. Hatch, P.E. CA # E16118
EXP. 12/31/23
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CITY OF SANTA ANA

CONSTRUCTION CONTRACT
rev. 09/01/2017 Page 1 of 3
PROJECT 21-2727

CABRILLO PARK IRRIGATION RENOVATION
This CONSTRUCTION CONTRACT is made and entered into this 5th day of April, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Marina Landscape, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Cabrillo Park Irrigation Renovation (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
 Notice Inviting Bids
 Information to Bidders
 Bid Proposal
 Bid Bond
 Contract Form
 Contract Bonds
 General Provisions
 Special Provisions
 Technical Provisions and Project Plans
 Community Workforce Agreement
 Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Four Hundred Sixty Nine Thousand dollars and No Cents ($469,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.”
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

City Council 15 – 41 4/5/2022

Page 2 of 3 ends

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.

5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.

6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf

7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 15 – 42 4/5/2022
City Council 15 – 43 4/5/2022
City Council 15 – 44 4/5/2022
City Council 15 – 45 4/5/2022
EXHIBIT 5
Construction Contract $ 469,000.00
Contract Administration, Inspection and Testing $ 71,000.00 Contingencies $ 47,000.00
TOTAL ESTIMATED CONSTRUCTION COSTS 587,000.00 $
CONSTRUCTION OF PROJECT NO. 21-2727: Cabrillo Park Irrigation Renovation

COST ANALYSIS
City Council 15 – 46 4/5/2022
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TOTAL

FY 26/27 FY 27/28
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SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 TOTAL

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FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28
CITY OF SANTA ANA FY 21/22 CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT TITLE: PROJECT DESCRIPTION: PROJECT NEED:
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&RQFUHWHUHSDLUWRVHYHUHO\GDPDJHGRUPLVVLQJFXUEVJXWWHUVDQGZKHHOFKDLUUDPSV PROJECT CATEGORY:
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LOCATION MAP
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PROJECT COSTS FY 21/22 FY 22/23

EXHIBIT 6
PROJECT TITLE: Cabrillo Irrigation Renovation PROJECT CATEGORY: Park Facility Improvements Park Facility PROJECT DESCRIPTION Design and installation of a new State of the Art Automatic irrigation system throughout the Cabrillo Park site.

PROJECT NEED: The existing irrigation system is an old hydraulic system with a transit main line pipe. The system continually breaks down and is unreliable. Through the years, many of the irrigation heads have been replaced with the wrong nozzles that have compromised the efficiency of the watering in he park and creates many dry brown spots.  City Council 15 – 474/5/2022  Public Works Agency
https://www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Industrial Streets (Phase 1) Water and Sewer Improvements

AGENDA TITLE
Approve Appropriation Adjustments, Budget Reallocation, and Award a Construction Contract to SRK Engineering, Inc. in the Amount of $3,024,538 for the Industrial Streets (Phase 1) Water and Sewer Improvements Project, with an Estimated Project Delivery Cost of $4,050,000.00 (Project Nos. 21-6452 & 21-6456) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize and utilize remaining bond proceeds from water bonds up to $110,000 of prior-year fund balance from Water Utility Water Division Capital, Prior Year Carry Forward, and appropriate the same amount to the Acquisition & Construction, Water Bond Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment to recognize $840,000 of prior-year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

3. Approve an appropriation adjustment to recognize $175,000 of prior-year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carry Forward revenue account, and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

4. Approve an appropriation adjustment to recognize and transfer $1,200,000 from the Special Gas Tax Interfund Transfer account to the Select Street Construction Interfund Transfer account and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

5. Award a construction contract to SRK Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,024,538 for construction City Council 16 – 1 4/5/2022
Industrial Streets (Phase 1) Water & Sewer Improvements April 5, 2022

Page 2 ends

of the Industrial Streets (Phase 1) Water and Sewer Improvements Project, for the term beginning April 5, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,050,000, which includes $3,024,538 for the construction contract, $453,681 for contract administration, inspection and testing, $150,000 for water engineering, and a $421,781 project contingency for unanticipated or unforeseen work.

7. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,325,000 in construction funds for the Industrial Streets (Phase 1) Water and Sewer Improvements Project.

DISCUSSION
Public Works Water Resources staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine replacement priorities. The water main, as well as sewer laterals, on Santa Fe Street, Wilshire Avenue, and Borchard Avenue have been identified for replacement (Exhibit 1).

The improvements include new polyvinyl chloride (PVC) water main, fire hydrants, water services, sewer laterals, appurtenances, asphalt concrete pavement, and traffic striping.

Once completed, water service reliability and general service quality will improve significantly. In addition, the potential for disruption due to water main breaks will be substantially reduced.

After the bidding period closed, staff reviewed the bids received per standard operating procedure. Upon review of the bid submitted by the apparent low bidder, staff discovered the bid did not conform with the bidding specifications. Additionally, a bid protest was received within the bid protest period. The City Attorney’s Office evaluated the bid protest, along with staff’s findings, and concluded to elect not to waive the apparent low bidder’s bid deviation, as the deviation was not minor or inconsequential. Therefore, the apparent low bidder’s bid is deemed non-responsive and staff recommends awarding to the next lowest responsive bidder.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 28 and November 4, 2021. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on December 2, 2021.

City Council 16 – 2 4/5/2022
Industrial Streets (Phase 1) Water & Sewer Improvements April 5, 2022

Page 3 ends

The City notified a total of 623 regional vendors via PlanetBids, 20 of which are Santa Ana based. Fifty-five vendors requested bidding documents. A total of five bids were received. However, no bids were received from Santa Ana contractors.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 SRK Engineering, Inc. Escondido $3,024,538.00
2 Big Ben, Inc. Irvine $3,688,260.00
3 CEM Construction Corp. Montebello $3,800,587.50
4 Colich & Sons L.P. Gardena $4,246,237.00
Of the five bids received, four were deemed responsive. SRK Engineering, Inc. submitted the lowest responsive base bid, in the amount of $3,024,538.00 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid.

Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to SRK Engineering, Inc., in the amount of the base bid totaling $3,024,538.00 (Exhibit 3). SRK Engineering, Inc. has not performed previous work in the City of Santa Ana as a prime contractor; however, they are currently a subcontractor on the Main Street Water and Sewer Improvements (Project Nos. 21-6451 & 21-6461). Under this construction contract, SRK Engineering, Inc. will be performing work as a prime contractor.

Construction administration and inspection includes the following: construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,050,000.00.

Project Item Total
Construction Contract $3,024,538.00
Construction Administration, Inspection, Testing $453,681.00 Contingencies $421,781.00
Water Engineering $150,000.00
TOTAL CONSTRUCTION DELIVERY COST $4,050,000.00
City Council 16 – 3 4/5/2022
Industrial Streets (Phase 1) Water & Sewer Improvements April 5, 2022

Page 4 ends

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,050,000 which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the requested appropriation adjustments will recognize sufficient funds to complete the funding to deliver the project (Exhibit 5).
 Recognize and utilize remaining bond proceeds from water bonds up to $110,000 of prior year fund balance from Water Utility Water Division Capital, Prior Year Carry Forward revenue account (No. 06617002-50001), and appropriate the same amount to the Acquisition & Construction, Water Bond Capital Projects, Water Capital Project expenditure account (No. 06617620-66301)  Recognize $840,000 from Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account (No. 06017002-50001) and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301)  Recognize $175,000 from Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account (No. 05417002-50001) and appropriate the same amount to the Sanitary Sewer Capital, Capital Recovery Charges, Improvements Other Than Building expenditure account (No. 05417647-66220)  Recognize $1,200,000 fund balance in the Special Gas Tax, Prior Year Carryforward account (No. 02917002-50001) and transfer from the Special Gas Tax Interfund Transfer account (No. 02917019-68000-059) to the Select Street Construction Interfund Transfer account (No. 05917002-59000-029) and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account (No. 05917663-66220).

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed.

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
Prior Authorized Funds
2021-22 05417647-66220
(21-6452)
Sanitary Sewer
Capital
Capital Recovery
Charges,
Improvements Other
Than Building
$225,000
City Council 16 – 4 4/5/2022
Industrial Streets (Phase 1) Water & Sewer Improvements April 5, 2022

Page 5 ends

2021-22 06617647-66301
(21-6456)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$1,500,000
Appropriation Adjustments
2021-22 06617620-66301
(21-6456)
Acquisition &
Construction
Water Bond Capital
Projects, Water
Capital Project
$110,000
2021-22 06617647-66301
(21-6456)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$840,000
2021-22 05417647-66220
(21-6452)
Sanitary Sewer
Capital
Capital Recovery
Charges,
Improvements Other
Than Building
$175,000
2021-22 05917663-66220 Select Street
Construction
Select Street
Construction,
Improvements Other
Than Building
$1,200,000
TOTAL: $4,050,000

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. FY 2021-22 Capital Improvement Program Sheets
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 16 – 5 4/5/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project Nos. 21-6452 & 21-6456:

Industrial Streets (Phase 1)
Water & Sewer Improvements
Exhibit 1
Project Location
City Council 16 – 6 4/5/2022

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 21-6452 & 21-6456
INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS P-1 of P-18

BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:

REQUIREMENT:

The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule:

Item Description Qty Unit Unit Price Amount
1 Mobilization (max. 5% of total bid) 1 LS $ $
2 Class 305 (DR 14) C900 PVC
Pipe
2400 LF $ $
3 34 EA $ $
4 4 EA $ $
5 ervice 2 EA $ $
6 3 EA $ $
7 1 EA $ $
8 4 EA $ $
9 16 1 EA $ $
10 2 EA $ $
11 2 EA $ $
12 Fire Hydrant 1 EA $ $
13 Fire Hydrant with Protective Curb
and Posts
6 EA $ $
14 Sewer Lateral and Cleanout (Open
Trench)
29 EA $ $
City Council 16 – 7 4/5/2022

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 21-6452 & 21-6456
INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS P-2 of P-18
Item Description Qty Unit Unit Price Amount
15 CCTV Inspection of Existing Sewer
Main
2,200 LF $ $
16 CCTV Inspection of New Sewer
Lateral
29 EA $ $
17 Vertical Offset (As-Needed)* 3 EA $ $
18 Additional Potholing (As-Needed)* 10 EA $ $
19 Unclassified Excavation 3,500 CY $ $
20 Asphalt Concrete 4,920 TN $ $
21 Asphalt Rubber Hot Mix (ARHM) 1,590 TN $ $
22 Cold Mill 40,870 SF $ $
23 PCC Sidewalk 340 SF $ $
24 PCC Curb Ramp* 800 SF $ $
25 PCC Cross-Gutter 2,850 SF $ $
26 PCC Longitudinal Gutter 4,550 LF $ $
27 Adjust Manhole Frame and Cover 7 EA $ $
28 Remove Existing Bollard 8 EA $ $
29 Project Advertisement Sign 2 EA $ $
30 Stormwater Biofiltration System 1 LS $ $
31 Signing & Striping 1 LS $ $
32 SWPPP (Risk Level 2) 1 LS $ $
33 Construction Permit 1 LS $20,000 $20,000
34 As-Built Plans 1 LS $50,000 $50,000
ADDENDUM NO. 1
City Council 16 – 8 4/5/2022

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 21-6452 & 21-6456
INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS P-3 of P-18
TOTAL BASE BID $
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject -2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly.

This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.

TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within seventy-five (75) working days after the commencement date stated in the Notice to Proceed.

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $8,000 per calendar day.

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
rev. 09/01/2017 Page 1 of 3
PROJECT NOS. 21-6452 & 21-6456
INDUSTRIAL STREETS (PHASE 1) WATER & SEWER IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 5th day of April, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and SRK Engineering, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Industrial Streets (Phase 1) Water & Sewer Improvements (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Million Twenty-Four Thousand Five Hundred Thirty-Eight Dollars and No Cents ($3,024,538.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

City Council 16 – 10 4/5/2022

Page 2 of 3 ends

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

Page 3 of 3 ends

(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
CONTRACTOR:

SRK Engineering, Inc.

By:

JOHN FUNK SHERRY R. KIRKPATRICK
Senior Assistant City Attorney President
RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
City Council 16 – 12 4/5/2022

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 21-6452 & 21-6456
INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS P-1 of P-18

BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:

REQUIREMENT:

EXHIBIT A
City Council 16 – 13 4/5/2022

CITY OF SANTA ANA

This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $8,000 per calendar day.

Name of Firm
Signature of BIDDER
Title
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 16 – 15 4/5/2022
EXHIBIT 4
Construction Contract $ 3,024,538.00
Contract Administration, Inspection and Testing $ 453,681.00 Contingencies $ 421,781.00
Water Engineering $ 150,000.00
TOTAL ESTIMATED CONSTRUCTION COSTS $ 4,050,000.00
CONSTRUCTION OF PROJECT NOS. 21-6452, 21-6456: INDUSTRIAL STREETS (PHASE 1) WATER & SEWER IMPROVEMENTS

COST ANALYSIS
City Council 16 – 16 4/5/2022
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This project will replace aging water distribution pipelines and related appurtenances including fire hydrants and valves along Wilshire Ave and Borchard Ave, west of Grand Ave
PROJECT NEED:

Replacement of obsolete water mains to ensure system reliability and to protect water quality.

PROJECT TITLE:

Industrial Streets Water Main
Improvements Phase 1
PROJECT CATEGORY:

Utility/Drainage/Lighting
Improvements
Water Improvements

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Water Resources Armando Fernandez, Senior Civil Engineer 11-Mar-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 2,450,000 - - - - - -
TOTAL 2,450,000 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28

WATER BOND CAPITAL
PROJEC
110,000 - - - - - -
WATER CAPITAL 2,340,000 - - - - - -
TOTAL 2,450,000 - - - - - -
EXHIBIT 5
City Council 16 – 17 4/5/2022
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This project will replace existing deteriorated and over capacity sewer mains, and related sewer assets, such as manholes and laterals.

PROJECT NEED:

This project is required to maintain effective operation of the City's sanitary sewer system, eliminate sewer main obstructions, reduce sewer maintenance requirements, and prevent sewer spills.

PROJECT TITLE:

Industrial Streets Sewer Main
Improvements Phase 1
PROJECT CATEGORY:

Utility/Drainage/Lighting
Improvements
Sewer Improvements

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Water Resources Armando Fernandez, Senior Civil Engineer 11-Mar-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 400,000 - - - - - -
TOTAL 400,000 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 SEWER 400,000 - - - - - -
TOTAL 400,000 - - - - - -
City Council 16 – 18 4/5/2022
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This project will reconstruct the pavement along Wilshire Avenue, Borchard Avenue, and Santa Fe Streets, north of Edinger Avenue and west of Grand Avenue.

PROJECT NEED:

This project is required to address streets that have been identified as a priority by the City's Pavement Management System. The pavement is deteriorating due to weather, age, and heavy usage.

PROJECT TITLE:

Industrial Streets Pavement
Improvements Phase 1
PROJECT CATEGORY:

Street Improvements
Curb, Gutter, Sidewalk
Improvements

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Water Resources Robert Aguirre, Senior Civil Engineer 11-Mar-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 1,200,000 - - - - - -
TOTAL 1,200,000 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 GAS TAX 1,200,000 - - - - - -
TOTAL 1,200,000 - - - - - -
City Council 16 – 19 4/5/2022
Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Residential Street Repair Program

AGENDA TITLE
Award a Construction Contract to Diamond Construction & Design in the Amount of $738,611 for Construction of the Residential Street Repair Program FY 2021-22 Project - Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, with an Estimated Project Delivery Cost of $1,025,924 (Project No. 22-7533) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY 2021-22 Project with a budget of $1,025,924 in Community Development Block Grant (CDBG) funding.

2. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $738,611, for construction of the Residential Street Repair Program FY 2021-22 Project - Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, for the term beginning April 5, 2022 and ending upon project completion; and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,025,924, which includes $738,611 for the construction contract, $110,791 for contract administration, inspection and testing, and a $176,522 project contingency for unanticipated or unforeseen work.

DISCUSSION
The City’s Pavement Management System has identified Residential Street Repair Program Fiscal Year 2021-22 Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch Street as high-priority road pavements in need of rehabilitation (Exhibit 1). The pavements are deteriorating due to weather, age, and heavy use. The improvements included in this project include localized concrete pavement reconstruction, replacing City Council 17 – 1 4/5/2022
Residential Street Repair Program
April 5, 2022

Page 2 ends

damaged concrete curbs, gutters, sidewalks, cross gutters, and curb ramps, and sealing cracks to prevent deterioration from water infiltration. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance on both locations.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 10 and January 18, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on January 31, 2022.

The City notified a total of 941 regional vendors via PlanetBids, 47 of which are Santa Ana based. Forty vendors requested bidding documents. A total of six bids were received.

However, no bids were received from Santa Ana contractors.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Diamond Construction & Design La Habra $738,611.00
2 All American Asphalt Corona $754,177.00
3 Vido Samarzich, Inc. Rancho Cucamonga $938,800.00
4 Hardy & Harper, Inc. Lake Forest $1,025,000.00
5 EBS General Engineering, Inc. Corona $1,083,129.00
6 Excel Paving Co. Long Beach $1,216,463.00
All six bids received were deemed responsive. Diamond Construction & Design submitted the lowest responsive base bid in the amount of $738,611 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Diamond Construction & Design, in the amount of the base bid totaling $738,611 (Exhibit 3). Diamond Construction & Design has not performed previous work for the City of Santa Ana.

Construction administration and inspection includes the following: construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, City Council 17 – 2 4/5/2022
Residential Street Repair Program
April 5, 2022

Page 3 ends

workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,025,924. The construction bids came in lower than anticipated and the contingency was increased accordingly. This will allow additional street improvements to be completed beyond the anticipated scope.

Project Item Total
Construction Contract $738,611.00
Construction Administration, Inspection, Testing $110,792.00 Contingencies $176,522.00
TOTAL CONSTRUCTION DELIVERY COST $1,025,924.00

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2021-122 was filed for the project. Additionally, a National Environmental Policy Act (NEPA), Environmental Review was conducted and was determined that project was Categorically Excluded (Not Subject to 58.5).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,025,924, which includes construction, contract administration, inspection, testing, and an authorized contingency. With the approval of the amendment to the Fiscal Year 2021-22 Capital Improvement Program which will officially incorporate this project into the program. Funding in the amount of $1,025,924 is available from Community Development Block Grant (CDBG) funds from the approved Fiscal Year 2021-22 CDBG funding plan to deliver this project. All Funds are available for expenditure in Fiscal Year 2021-22, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23.

The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project.

Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit - Account
No. Description Amount
2021-22 13518783-66220
(22-7533)
Community
Development
Block Grant
CDBG Programs,
Improvements Other
Than Buildings
$1,025,924
Total $1,025,924
City Council 17 – 3 4/5/2022
Residential Street Repair Program
April 5, 2022

Page 4 ends

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. Amended FY 2021-22 CIP Project Street
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 17 – 4 4/5/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-7533:

Residential Street Repair Program
City Council 17 – 5 4/5/2022

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 22-7533
RESIDENTIAL STREET REPAIR PROGRAM FY 21-22
P-1 of P-17

BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:

REQUIREMENT:

Item Description Qty Unit Unit Price Amount
1 Unclassified Excavation* 300 CY $ $
2 Various Locations*
800 CY $ $
3 PCC with (3-
day) Cure including Dowels
800 CY $ $
4 Aggregate Base* 2,300 TN $ $
5 Crack Seal with Deere Super
Gray*
13,000 LF $ $
6 PCC Sidewalk (4")* 2,700 SF $ $
7 PCC Curb and Gutter (Type
A-2-6)*
600 LF $ $
8 PCC Cross Gutter* 500 SF $ $
9 PCC Curb Ramp* 1,800 SF $ $
10 PCC Driveway Approach* 900 SF $ $
11 Root Shave* 8 EA $ $
12 Adjust Sewer and Drainage
Manhole to Finished Grade*
1 EA $ $
13 Furnish and Install Water
Valve Frame and Cover to
Finished Grade*
5 EA $ $
City Council 17 – 6 4/5/2022

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 22-7533
RESIDENTIAL STREET REPAIR PROGRAM FY 21-22
P-2 of P-17
Item Description Qty Unit Unit Price Amount
14 Project Advertisement Sign 1 EA $ $
15 Signing and Striping 1 LS $ $
16 Construction Permit 1 LS $10,000 $
TOTAL BASE BID (Items 1-16) $
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be -2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly.

This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.

TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (45) working days after the commencement date stated in the Notice to Proceed.

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,600 per calendar day.

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
rev. 09/01/2017 Page 1 of 3
PROJECT 22-7533

RESIDENTIAL STREET REPAIR PROGRAM
This CONSTRUCTION CONTRACT is made and entered into this 5th day of April, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Diamond Construction and Design (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Residential Street Repair Program (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Hundred Thirty Eight Thousand Six Hundred Eleven Dollars and No Cents ($738,611.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

City Council 17 – 8 4/5/2022

Page 2 of 3 ends

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

Page 3 of 3 ends

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney Diamond Construction and Design
By:

JOHN FUNK NAME:

Assistant City Attorney TITLE:

RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
Stelian Onufrei
General partner
City Council 17 – 10 4/5/2022

CITY OF SANTA ANA

PROPOSAL
PROJECT NO.: 22-7533
RESIDENTIAL STREET REPAIR PROGRAM FY 21-22
P-1 of P-17

BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:

REQUIREMENT:

EXHIBIT A
City Council 17 – 11 4/5/2022

CITY OF SANTA ANA

This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications.

The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,600 per calendar day.

Name of Firm
Signature of BIDDER
Title
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 17 – 12 4/5/2022
EXHIBIT 4
Construction Contract 738,611.00 $
Contract Administration, Inspection and Testing 110,791.00 $ Contingencies 176,522.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 1,025,924.00 $
CONSTRUCTION OF PROJECT NO. 22-7533: Residential Street Repair Program

COST ANALYSIS
City Council 17 – 13 4/5/2022
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This project entails the rehabilitation of existing roadway pavement for local streets. The project will include the removal and replacement of existing concrete streets. Various replacement pavement strategies will be investigated to determine the most cost effective and maintainable treatment. Minor concrete repair to severely damaged or missing curbs, gutters, sidewalks, and wheelchair ramps will also be included. Work in FY 22-23 will focus on the Heninger Park Neighborhood.

PROJECT NEED:

The local street network has 316 miles citywide. In 2007 the City embarked on an extensive citywide improvement plan to rehabilitate and slurry seal the majority of the network. By the end of 2015, the City has completed rehabilitating all asphalt residential streets and currently working toward improving all residential concrete streets.

PROJECT TITLE:

Residential Street Repair Program
PROJECT CATEGORY:

Street Improvements
Neighborhood Street Rehabilitation

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Gilbert Castillo, Senior Engineer 15-Mar-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 1,025,925 - - - - - -
TOTAL 1,025,925 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 CDBG Programs 1,025,925 - - - - - -
TOTAL 1,025,925 - - - - - -
City Council 17 – 14 4/5/2022
Public Works Agency
Finance and Management Services
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: City Hall 3rd Floor Tenant Improvements

AGENDA TITLE
Award a Construction Contract to Allinone Construction, Inc. in the Amount of $427,051.62 for the City Hall 3rd Floor Tenant Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $576,519.94 (Project No. 22-1401) (General Fund)

RECOMMENDED ACTION

1. Award a construction contract to Allinone Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $427,051.62, for construction of the City Hall 3rd Floor Tenant Improvements Project, for the term beginning May 2, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $576,519.94, which includes $427,051.62 for the construction contract, $64,058.00 for contract administration, inspection and testing, and $85,410.32 of project contingency for unanticipated or unforeseen work.

3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $576,519.94 in construction funds for City Hall 3rd Floor Tenant Improvements Project (Project No. 22-1401).

DISCUSSION
Facilities at City Hall and the Ross Annex are currently undergoing floor renovations (Exhibit 1). To minimize the impact to daily operations of our employees and the general public, work has been programmed to take place in phases. The existing facility on the 3 rd Floor of City Hall is outdated and some materials are beginning to show signs of deterioration and need of replacement. This project will include updating lighting, plumbing fixtures, finishes, demolition and installation of non-loadbearing interior partitions, and ceiling finishes. Once completed, these improvements will enhance not City Council 18 – 1 4/5/2022
City Hall 3rd Floor Tenant Improvements
April 5, 2022

Page 2 ends

only the physical aesthetics of the floor but also keep our facility in compliance with the latest building codes and the American Disability Act.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on November 23 and November 30, 2021. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on January 27, 2022.

The City notified a total of 886 regional vendors via PlanetBids, 44 of which are Santa Ana-based. There were 105 vendors who requested bidding documents. A total of four bids were received. However, no bids were received from any Santa Ana contractors.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Allinone Construction, Inc. La Habra $427,051.62
2 Elegant Construction, Inc. Irvine $629,000.00
3 Rhome Profile Construction Bellflower $829,792.00
4 MBC Enterprises, Inc. Westminster $855,000.00
All four bids were deemed responsive. Allinone Construction, Inc. submitted the lowest responsive base bid in the amount of $427,051.62 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Allinone Construction, in the amount of the base bid totaling $427,051.62 (Exhibit 3). Allinone Construction has not performed any work in the City of Santa Ana within the past five years. Staff is confident this contractor will perform and produce quality work for the city.

City Council 18 – 2 4/5/2022
City Hall 3rd Floor Tenant Improvements
April 5, 2022

Page 3 ends

Project Item Total
Construction Contract $427,051.62
Construction Administration, Inspection, Testing $64,058.00 Contingencies $85,410.32
TOTAL CONSTRUCTION DELIVERY COST $576,519.94

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $576,519.94 which includes construction, contract administration, inspection, testing, and an authorized contingency. With the approval of the amendment to the Fiscal Year 2021-22, Capital Improvement Program will officially incorporate this project into the program (Exhibit 5). The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project.

Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No. Description Amount
2021-22 01110110-66200
(22-1401)
General
Fund
Finance/Management
Services-Accounting,
Building Improvement
$576,519.94
Total $576,519.94

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Dir - Public Works Agency and Kathryn Downs, Executive Dir - Finance & Management Services
Approved By: Kristine Ridge, City Manager
City Council 18 – 3 4/5/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project Nos. 22-1401:

Santa Ana City Hall-Third Floor- Tenant
Improvements
FY 21-22
EXHIBIT 1
City Council 18 – 4 4/5/2022
EXHIBIT 2
City Council 18 – 5 4/5/2022
City Council 18 – 6 4/5/2022
City Council 18 – 7 4/5/2022
City Council 18 – 8 4/5/2022
City Council 18 – 9 4/5/2022
City Council 18 – 10 4/5/2022
City Council 18 – 11 4/5/2022
City Council 18 – 12 4/5/2022
City Council 18 – 13 4/5/2022
City Council 18 – 14 4/5/2022
City Council 18 – 15 4/5/2022
City Council 18 – 16 4/5/2022
City Council 18 – 17 4/5/2022
City Council 18 – 18 4/5/2022
City Council 18 – 19 4/5/2022
City Council 18 – 20 4/5/2022
City Council 18 – 21 4/5/2022
City Council 18 – 22 4/5/2022
City Council 18 – 23 4/5/2022
EXHIBIT 3
City Council 18 – 24 4/5/2022
City Council 18 – 25 4/5/2022
City Council 18 – 26 4/5/2022
City Council 18 – 27 4/5/2022
City Council 18 – 28 4/5/2022
EXHIBIT 4
Construction Contract $ 427,051.62
Contract Administration, Inspection and Testing $ 64,058.00 Contingencies $ 85,410.32
TOTAL ESTIMATED CONSTRUCTION COSTS $ 576,519.94
CONSTRUCTION OF PROJECT NO. 22-1401: Santa Ana City Hall -3rd floor TI

COST ANALYSIS
City Council 18 – 29 4/5/2022
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:Selective demolition and installation of existing non-bearing interior partitions, electrical, finish ceiling, finishes, and plumbing fixtures.

PROJECT NEED:Facilities at City Hall and the Ross Annex are currently undergoing floor renovations. To minimize the impact to daily operations of our employees and the general public, work has been programmed to take place in phases. The existing facility on the 3rd Floor of City Hall is outdated and some materials are beginning to show signs of deterioration and need of replacement. This project will include updating lighting, plumbing fixtures, finishes, demolition and installation of non-bearing interior partitions and ceiling finishes. Once completed, these improvements will enhance not only the physical aesthetics of the floor but also keep our facility in compliance with the latest building codes and the American Disability Act.

PROJECT TITLE:City Hall Third Floor Tenant ImprovementsPROJECT CATEGORY:City & Park Facility ImprovementsMunicipal Facilities

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:Public Works CIP Engineering Mike Ortiz, Senior Civil Engineer 21-Mar-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 576,520 ------
TOTA
L 576,520 ------
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 576,520 ------
TOTA
L 576,520 ------
General Fund
EXHIBIT 5
 City Council 18 – 304/5/2022  Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Amend Agreement for Grant Writing Services

AGENDA TITLE
Amend Agreement with Engineering Solutions Services, Inc. for Grant Writing Services by an Additional $75,000 for the Remainder of the Agreement Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Engineering Solutions Services, Inc. for grant writing services to increase the agreement amount by $75,000, for a total annual amount not to exceed $182,500 for the remainder of the term expiring August 15, 2022, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On August 15, 2017, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for one two-year renewal options, to Engineering Solutions Services, Inc. (ESS) to provide grant writing services for the Public Works Agency. Since the award of the agreement in 2017, ESS has helped the City secure over $5,350,000 in grant funding for Public Works projects. In addition to grant writing, ESS has been instrumental in assisting staff in meeting reporting requirements, and providing clarification and guidance in administrative activities associated with the funding sources.

As more funding opportunities have become available in the last two years, the Public Works Agency has enlisted the assistance of ESS in exploring potential grants and lowcost loans to assist in the development or completion of several Public Works projects.

Currently, ESS is assisting the Water Resources Division in seeking over $50M for future projects.

Staff recommends amending the agreement with ESS to increase the funding amount for the remainder of the term in order to explore future funding opportunities and maintain the critical services being provided to ensure the City continues to meet grant funding requirements.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

City Council 19 – 1 4/5/2022
Amend Agreement with Engineering Solutions Services, Inc.

April 5, 2022

Page 2 ends

FISCAL IMPACT
Funding for the requested increase to the agreement of $75,000 is budgeted and available for expenditure in the current fiscal year and will be subsequently budgeted as reflected below:

Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit –
Account Description Amount
2021-22 06017645-62300 Water
Water Administration &
Engineering, Contract
Services-Professional
$67,500
2022-23 06017645-62300 Water
Water Administration &
Engineering, Contract
Services-Professional
$7,500
Total $75,000

EXHIBIT(S)

1. Agreement with Engineering Solutions Services, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 19 – 2 4/5/2022

Page 1 of 2 ends

FIRST AMENDMENT TO AGREEMENT WITH ENGINEERING SOLUTIONS SERIVCES, INC., FOR GRANT WRITING SERVICES
THIS FIRST AMENDMENT to the above-referenced agreement is entered into April 5, 2022, by and between Engineering Solutions Services, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. A-2017-224 (“Agreement”) dated August 15, 2017, to retain Consultant to provide on-call water and sewer programs grant writing services for the City of Santa Ana’s Public Works Agency.

B. The Agreement was extended on June 8, 2020 and is current and in-effect through August 15, 2022.

C. The parties now wish to amend the Agreement to increase compensation.

The Parties therefore agree:

1. Section 2, Compensation, is hereby amended to increase the total sum available to be expended under this Agreement from $107,500 to $182,500.00.

2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.

CITY OF SANTA ANA
______________________________

KRISTINE RIDGE
City Manager

ENGINEERING SOLUTIONS SERVICES,
INC.
_______________________________
Sudi Shoja
ATTEST
_______________________________

DAISY GOMEZ
Clerk of the Council

APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: ___________________________
Brandon Salvatierra
Deputy City Attorney PE Principal
[signatures continued on next page]
City Council 19 – 3 4/5/2022

Page 2 of 2 ends

RECOMMENDED FOR APPROVAL
___________________________
Nabil Saba, P.E.

Executive Director
Public Works Agency
City Council 19 – 4 4/5/2022
Public Works Agency
www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Real Property Acquisition for Fairview Bridge Replacement and Street Improvements

AGENDA TITLE
Authorize a Purchase Agreement in the Amount of $980,000 for Real Property Acquisition for Fairview Bridge Replacement and Street Improvements (Property Owners: Sergio De Leon and Laura De Leon) (Project No. 15-6827) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with property owners Sergio De Leon and Laura De Leon for the property acquisition and goodwill (if any) for the real property located at 2507-2509 W 9th Street (APN 405-213-14) in the amount of $980,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
Fairview Street is classified as a north-south major arterial in the City’s General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways.

Improving Fairview Street from 9th Street to 16th Street has been a long-term priority project. The proposed project would widen Fairview Street from two lanes to three lanes in each direction. Additionally, the Fairview Street Bridge would be replaced with a new six-lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised landscaped median, and lighting.

Construction is anticipated to begin in Spring 2023.

The recommended property acquisition (Exhibit 1) is necessary to accommodate the line of sight for vehicles entering Fairview Street from 9th Street. The purchase offer was determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibit 2).

ENVIRONMENTAL IMPACT
On June 16, 2020, the City Council approved the Fairview Street Initial Study/Mitigated Negative Declaration (IS/MND) Statement (SCH No. 2020249015).

City Council 20 – 1 4/5/2022
Real Property Purchase Agreement – Fairview Street Bridge April 5, 2022

Page 2 ends

FISCAL IMPACT
Funds in the amount of $980,000 are budgeted and available in the Fairview Street Improvements Project (No. 15-6827) for property acquisition expenditures in FY 2021-22 as follows:

Fiscal
Year
Accounting
Unit–Account
No.

Fund Description
Accounting Unit,
Account No.

Description
Amount
2021-22 03217663-66100 Measure M
Street Construction
Measure M2 Competitive
Street, Improvements
Other Than Building
$735,000
2021-22 05917663-66100
Select Street
Construction
Gas Tax HUTA 2103,
Improvements Other
Than Building
$245,000
TOTAL $980,000

EXHIBIT(S)

1. Location Map

2. Purchase Agreement – APN 405-213-14
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 20 – 2 4/5/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 15-6827:

Fairview Bridge Replacement and Street
Improvements (9th Street to 16th Street)
EXHIBIT 1
City Council 20 – 3 4/5/2022

PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY

AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (here inafter “PSA”), entered into on , 20 22 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter “City" or “Buyer”), and, Sergio De Leon and Laura De Leon, husband and wife as joint tenants (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows:

SEE EXHIBIT “A” – Legal Description

ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2507 and 2509 West 9th Street, Santa Ana, CA 92703) (APN: 405-213-14)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit:

1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement.

2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided.

3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of $980,000 (Nine Hundred Eighty Thousand Dollars) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or nonmonetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement.

City Council 20 – 4 4/5/2022

4. Escrow. City agrees to open an escrow at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City’s execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter.

Buyer shall be entitled to possession of the Property immediately upon close of Escrow.

The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder.

City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re-conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240.

The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement.

5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller’s sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow.

All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City.

6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of $980,000 (Nine Hundred Eighty Thousand Dollars). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after:
(a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; City Council 20 – 5 4/5/2022
(c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City.

7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property.
a. No later than fourteen (14) days after the close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of fourteen (14) days after the close of escrow shall be deemed abandoned by Seller on that date.
b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City.

Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after the close of escrow.

8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow.

Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month.

9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein.

10. Heirs, Assigns, Successors-in-Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto.

11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence.

12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages.

City Council 20 – 6 4/5/2022

13. Acknowledgment of Full Benefits and Release.

A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder (“severance damages”); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any “bonus value” attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer’s adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney’s fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow.

B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority.

Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property.

This acknowledgment and release shall survive the Close of Escrow.

14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 2507 West 9th Street, Santa Ana, CA 92703.

15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.

16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City.

17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is: (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) City Council 20 – 7 4/5/2022 defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903), or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.

S9601 et seq. (42 U.S.C. S9601).

18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.

19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow.

20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval.

21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City.

22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force.

23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA.

24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California.

City Council 20 – 8 4/5/2022

25. Compliance with Federal Laws.
a. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOTNon-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R. Section 50.3.
b. Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.

26. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question.

27. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder.

28. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost.

29. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA.

30. Authority to Execute Agreement. 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 PSA, 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.

31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA.
[signature blocks appear on next page]
City Council 20 – 9 4/5/2022
City Council 20 – 10 4/5/2022
EXHIBIT “A”

LEGAL DESRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOT 1 OF TRACT NO. 2980, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGES 18 AND 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THE EASTERLY 2 FEET.

ALSO EXCEPT A SPANDREL SHAPED PARCEL OF LAND BOUNDED ON THE EAST BY THE WEST LINE OF THE ABOVE MENTIONED PARCEL 1, BOUNDED ON THE SOUTH BY THE SOUTHERLY LINE OF SAID LOT 1; AND BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND BEING TANGENT TO SAID EAST AND SOUTH BOUNDARIES.

Assessor’s Parcel Number: 405-213-14
City Council 20 – 11 4/5/2022
EXHIBIT “B” (Fidelity National Realty)

GENERAL ESCROW PROVISIONS
City Council 20 – 12 4/5/2022

General Provisions Printed: 1/1/0001 12:00 AM by JK
EI000076 (DSI Rev. 05/19/17) Page 1

GENERAL PROVISIONS

1. DEPOSIT OF FUNDS
The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds. Only wire-transferred funds can be given immediate availability upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks.

Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds into an interest bearing account by signing and returning the "Escrow Instructions - Interest Bearing Account", which has been provided to you. If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow trust accounts, which include both non-interest bearing demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the "depository institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the State of California. A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its affiliates.

Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services, accommodations or other benefits by the depository institution. Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations, interest or other benefits.

Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest-bearing account. All disbursements shall be made by check of Fidelity National Title Company. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires.

In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT

INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT.

2. PRORATIONS AND ADJUSTMENTS
All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein.

3. SUPPLEMENTAL TAXES
The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through this or a previous escrow transaction. Any supplemental real property taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller. TAX BILLS OR REFUNDS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER.

4. UTILITIES/POSSESSION
Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow.

5. PREPARATION AND RECORDATION OF INSTRUMENTS
Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded.

6. AUTHORIZATION TO FURNISH COPIES
You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements, to the Real Estate Broker(s) and Lender(s) named in this escrow.

7. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2) working days thereafter, deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS City Council 20 – 13 4/5/2022

General Provisions Printed: 1/1/0001 12:00 AM by JK
EI000076 (DSI Rev. 05/19/17) Page 2
WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE

OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent jurisdiction.

8. PERSONAL PROPERTY
No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested.

By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any "Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow.

9. RIGHT OF RESIGNATION
Escrow Holder has the right to resign upon written notice delivered to the principals herein. If such right is exercised, all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder.

10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES Either Buyer, Seller and/or Lender may hand you the insurance agent's name and insurance policy information, and you are to execute, on behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this escrow, forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss payable clause and/or such other endorsements as may be required, and forward such policy(s) to the principals entitled thereto. It is not your responsibility to verify the information handed you or the assignability of said insurance. Your sole duty is to forward said request to insurance agent at close of escrow.

Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or otherwise keep it in force either during or subsequent to the close of escrow. Cancellation of any existing hazard insurance policies is to be handled directly by the principals, and outside of escrow.

11. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or otherwise.

12. TERMINATION OF AGENCY OBLIGATION
If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise, the fees and charges due Fidelity National Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically).

13. CONFLICTING INSTRUCTIONS
Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non-conflicting instructions are received from all of the principals to this escrow (subject to sections 7, 9, 11 and 12 above).

14. DELIVERY/RECEIPT
Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal, regular mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact information shown herein. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Fidelity National Title Company as set forth herein.

15. STATE/FEDERAL CODE NOTIFICATIONS
According to Federal Law, the Seller, when applicable, will be required to complete a sales activity report that will be utilized to generate a 1099 statement to the Internal Revenue Service.

Pursuant to State Law, prior to the close of escrow, Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report.

In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow.

16. NON-RESIDENT ALIEN
The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer. Fidelity National Title Company will not determine nor aid in the determination of whether the FIRPTA City Council 20 – 14 4/5/2022

General Provisions Printed: 1/1/0001 12:00 AM by JK
EI000076 (DSI Rev. 05/19/17) Page 3
withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish tax advice to any party to the transaction. Fidelity National Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer’s behalf for the purpose of supporting a claim of an exception or exemption. Fidelity National Title Company is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Fidelity National Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner’s Policy of Title Insurance to be issued to the buyer.

Fidelity National Title Company is not responsible for the completion of any IRS documents or related forms related to the referenced statute. The buyer is advised: they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation, and the mailing of those forms. The Buyer is advised any forms, documents, or information received from Fidelity National Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute.

17. ENCUMBRANCES
Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow.

You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, I agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid them.

18. ENVIRONMENTAL ISSUES
Fidelity National Title Company has made no investigation concerning said property as to environmental/toxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of toxification, if applicable, will be done directly and by principals outside of escrow. Fidelity National Title Company is released of any responsibility and/or liability in connection therewith.

19. USURY
Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore.

20. DISCLOSURE
Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to these instructions.

21. FACSIMILE/ELECTRONIC SIGNATURE
Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures. “Electronic Signature” means, as applicable, an electronic copy or signature complying with California Law.

22. CLARIFICATION OF DUTIES
Fidelity National Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto.

Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder.

The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties.

23. FUNDS HELD IN ESCROW
When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the Company shall impose a monthly holding fee of $25.00 that is to be charged against the funds held by the Company.

City Council 20 – 15 4/5/2022

General Provisions Signature Page Printed: 1/1/0001 12:00 AM by JK EI0000102 (DSI Rev. 12/09/16) Page 1 Escrow No.: JODYTEST-008-JK

THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR

HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE

CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH.

MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS

CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS.

Fidelity National Title Company conducts escrow business under a Certificate of Authority No. 305350 issued by the California Department of Insurance.

City Council 20 – 16 4/5/2022
Public Works Agency
www.santa-ana.org/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Assistance with Outreach Campaigns and Collateral Materials for Public Works Agency Projects and Programs

AGENDA TITLE
Approve an Agreement with Straightline Communications, LLC for Marketing and Graphic Art Services in an Amount Not to Exceed $600,000, for a Five-Year Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Straightline Communications, LLC to provide as-needed assistance with development of outreach campaigns and collateral materials for performing community outreach and engagement leading to the effective delivery of projects and programs in an amount not to exceed $600,000 for a three-year term beginning April 5, 2022, and expiring April 4, 2025, with an option of one two-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency recognizes the importance of community outreach as well as effective communications and branding throughout the city. Community outreach is essential in keeping the public informed of projects that impact residents and businesses, and engage the community. The outreach project campaigns include, but are not limited to, critical announcements on infrastructure impacts, initiative programs such as the Neighborhood Block Transformation Contest, on-going educational programs, community events and meetings, social media and website content, and marketing and advertising materials. The value of consistent outreach to the community is priceless.

Approval of this item will allow the City to retain a marketing and graphic art services consultant to provide effective outreach strategies and materials for Public Works projects. The selected consultant shall provide, at the request by staff, marketing strategies and develop digital and print media, including collateral materials such as brochures, event or project flyers, and web-based content, as needed.

On September 28, 2021, the Public Works Agency released Request for Proposals No. 21-096 (RFP) on the City’s online procurement portal. Thirteen vendors submitted City Council 21 – 1 4/5/2022
Agreement for Outreach Campaigns and Collateral Materials April 5, 2022

Page 2 ends

proposals. However, one proposal was disqualified. The remaining 12 proposals were evaluated by a five-member committee and ranked based firm/team experience, understanding scope of services, relevant project experience, references, and fee. The final rankings are as follows:

Firm City
Straightline Communications, LLC Sherman Oaks
S. Groner Associates Long Beach
MIG, Inc. San Diego
Alliance Outreach, LLC Orange
Circlepoint Orange
JPW Communications Carlsbad
Klein and Klein, Inc. Mission Viejo
We The Creative San Juan Capistrano
Park Circle Technologies, LLC Short Hills, New Jersey
Copy & Design Long Beach
Global Urban Strategies, Inc. Alhambra
Cogs & Marvel San Francisco
Staff recommends entering into an agreement with Straightline Communications LLC to provide outreach and public relations support for Public Works projects and programs (Exhibit 1). Their proposal demonstrated a clear understanding of the agency’s needs and they have extensive experience in performing similar services for the City of Santa Ana.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The requested agreement will provide $120,000 annually for outreach and public relations services, for a total compensation not to exceed $600,000, for a three-year term and optional two-year extension. $60,000 will be budgeted each year in the Public Works Administrative Services, Contract Services-Professional account (No. 10117601-62300), with $25,000 being made available from the Fiscal Year 2021-22 Budget. Additional contract authority of $60,000 annually is identified for projects utilizing Capital Improvement funds or other special funding sources. For these projects, Public Works Agency staff must receive Finance and Management Services Agency approval of funding and accounts to be used to ensure funds are available under the authorization and shared aggregate limit of $600,000. Upon successful completion of the fiscal review, City Council 21 – 2 4/5/2022
Agreement for Outreach Campaigns and Collateral Materials April 5, 2022

Page 3 ends

a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued.

Funding from the Public Works Administrative Services account is available and will be budgeted in the fiscal years shown in the table below:

Fiscal
Year
Accounting
Unit – Account
#
Fund
Description
Accounting Unit –
Account Description Amount
INITIAL 3-YEAR TERM
2021-22
(Apr-Jun) 10117601-62300 Public WorksAdmin & Planning
Public Works-Admin
Services, Contract
Services-Professional
$25,000
2022-23 10117601-62300 Public WorksAdmin & Planning
Public Works-Admin
Services, Contract
Services-Professional
$60,000
2023-24 10117601-62300 Public WorksAdmin & Planning
Public Works-Admin
Services, Contract
Services-Professional
$60,000
2024-25
(July-Apr) 10117601-62300 Public WorksAdmin & Planning Public Works-Admin
Services, Contract
Services-Professional
$35,000
OPTIONAL 2-YEAR EXTENSION
2025-26
(Apr-Jun) 10117601-62300 Public WorksAdmin & Planning
Public Works-Admin
Services, Contract
Services-Professional
$25,000
2026-27 10117601-62300 Public WorksAdmin & Planning
Public Works-Admin
Services, Contract
Services-Professional
$60,000
2027-28
(July-Apr) 10117601-62300 Public WorksAdmin & Planning Public Works-Admin
Services, Contract
Services-Professional
$35,000
Total $300,000
Funds not used in any year will be carried forward into the subsequent fiscal year.

EXHIBIT(S)

1. Agreement with Straightline Communications LLC
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 21 – 3 4/5/2022

Page 1 of 9 ends

AGREEMENT FOR DEVELOPMENT OF OUTREACH CAMPAIGNS AND

COLLATERAL MATERIALS FOR PUBLIC WORKS AGENCY

SPECIAL PROJECTS AND EVENTS
THIS AGREEMENT is made and entered into this 5th day of April, 2022 by and between Straightline Communications, LLC (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On September 28, 2021, the City issued Request for Proposal No. 21-096, by which it sought a consultant to develop outreach campaigns and collateral materials for special projects and events conducted by the Public Works Agency.

B. Consultant submitted a responsive proposal that was selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 21-096.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
Consultant shall perform the services that were described in the scope of work that was included in RFP No. 21-096 and further described in Exhibit A. Consultant’s proposal is incorporated in full by reference as though fully set forth herein.

2. COMPENSATION

a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $600,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

Exhibit 1
City Council 21 – 4 4/5/2022

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3. TERM
This Agreement shall commence on the date first written above and terminate on April 4, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).

Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within City Council 21 – 5 4/5/2022

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the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.

Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (automobile coverage is not required if Consultant does not require an automobile to perform services) • 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. (not required if consultant has no employees) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

City Council 21 – 6 4/5/2022

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Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (applicable only to professional liability) If any of the required policies provide claims-made coverage:

A. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

B. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

C. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s City Council 21 – 7 4/5/2022

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obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.

This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant ’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by City Council 21 – 8 4/5/2022

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law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means.

Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

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
Executive Director
Public Works Agency
City of Santa Ana
City Council 21 – 9 4/5/2022

Page 7 of 9 ends

20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Straightline Communications, LLC
14930 Greenleaf Street
Sherman Oaks, CA 91403
Attn: Linda O’Hanlon, President
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without 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.

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right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement.

Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

City Council 21 – 11 4/5/2022
City Council 21 – 12 4/5/2022
Appendix
ATTACHMENT 1: SCOPE OF WORK
A. Introduction
The Public Works Agency (PWA) is responsible for building and maintaining all public streets, storm drains, sewers, water, and public facilities. In addition, the agency manages Capital Improvement Projects (CIP), coordinates the collection of solid waste and recycling, street sweeping, landscaping in the public right-of-way, trimming trees, and graffiti removal. The agency also works with neighborhood associations to resolve speeding, parking, and traffic problems. Additionally, PWA works with developers to ensure City development standards are met. There are five divisions within PWA:

Maintenance Services, Water Resources, Engineering Services, Building Maintenance/Fleet Services, and Administrative Services.

B. Background & Description
The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles with a population of approximately 310,227 people. PWA coordinates services, programs, and Capital Improvement Projects. Maintaining over 400 miles of street centerline and related infrastructure including public streets, storm drains, sewer, and water facilities requires an effective communications strategy with residents and businesses.

PWA recognizes the importance of community outreach as well as effective communications and branding throughout the City. Community outreach is essential in keeping the public informed of projects that impact residents and businesses, and engaging the community.

Outreach includes, but is not limited to, critical announcements on infrastructure impacts, initiative programs such as the Neighborhood Block Beautification Contest, ongoing educational programs, community events and meetings, social media and website content, and marketing and advertising materials.

C. Work Description
The selected Consultant will provide assistance with development of outreach campaigns to include collateral material development and branded promotional items related to the City’s infrastructure. The Core Requirements and Deliverables are listed below and represent the central work efforts the Consultant will be responsible for performing. Proposers are encouraged to provide detail on how each task is to be accomplished.

D. Core Requirements and Deliverables
Consultant shall provide the following deliverables in accordance with established procedures as dictated by the Program Manager or designee. Turnaround time shall not exceed thirty (30) calendar days per assignment unless otherwise specified by the Program Manager or designee.

The successful proposer will be experienced and knowledgeable in communications and marketing disciplines. The Consultant is expected to become knowledgeable of the PWA mission and purpose to effectively develop outreach strategies.

EXHIBIT A
City Council 21 – 13 4/5/2022
Assistance with Development of Outreach Campaigns and Collateral Materials for the Public Works Agency.

The consultant shall provide assistance with development of outreach campaigns, collateral materials, and strategic marketing support for special programs, projects and events, such as:

Neighborhood Block Beautification Contest, Public Works Week, Capital Improvement Projects, Clean City Initiative, PWA website content, and other projects as identified:
• Provide recommendations for citywide marketing strategies, and improving PWA brand awareness.
• Provide recommendations to successfully design, develop and implement marketing projects.
• Develop traditional print media campaign including collateral materials, such as brochures, event or project flyers, and posters for special projects. • Develop technical digital and printed material such as, but not limited to, fact sheets relating to Public Works subjects and discipline. Research and material development will be required.
• Develop digital and social media campaign for web-based content, including Facebook, Twitter, and others.
• Create branding materials and graphics for PWA programs and events to include program messaging, brochures, and social media posts, etc.
• Participate in planning/status update meetings as required by Program Manager to discuss projects in development and provide updates on campaign development, as well as any challenges, issues and immediate needs.

E. As-Assigned Tasks

1. Additional Assistance with miscellaneous projects consistent with scope.

The consultant may be tasked with development of outreach campaigns and collateral materials for miscellaneous projects consistent with the scope of work.

F. Technical Abilities
Proposer must demonstrate the following skills:

1. Ability to successfully create/develop graphic art designs.

2. Translation of marketing materials into two languages; Spanish and Vietnamese.

City Council 21 – 14 4/5/2022

FEE SCHEDULE
2021 Rates
Principal In Charge...........................................................................................$185 @ hour (blended rate) Project Manager/Senior Writer.......................................................................$185 @ hour (blended rate) Administrative..............................................................................................................................$80 @ hour Graphic designer...................................................................................................................... $115 @ hour Web Developer/Designer ........................................................................................................ $125 @ hour Translator.....................................................................................................................................$65 @ hour Out-Of-Pocket Expenses
Out-of-pocket or pass-through expenses, as stated in the RFP, are billed at cost.1 The most common expense we incur on a regular basis is stock photography (see pricing below). iStock Photos.................................................................................................... $8-$33 @ photo/illustration In our experience working with the City of Santa Ana, large expenditures are first approved by the client and typically billed to the City directly from an approved vendor. Below are expenses anticipated:

Photographer........................................................................................................................... $1,000 @ day .........................................................................................................................$650 @ ½ day Flyer distribution....................................................................................... (depending on scope of project) Printing (banners, brochures, flyers, bill inserts) .................................... (depending on scope of project) Monument signs ....................................................................................... (depending on scope of project) Direct Mailing (e.g., InfoSend).................................................................. (depending on scope of project) Branded promotional Items (e.g. Promote-This) .................................... (depending on scope of project) Advertising (print/digital).......................................................................... (depending on scope of project) We do not bill for mileage to attend client meetings within Los Angeles and Orange County. Cost for mileage outside Los Angeles and Orange County would be assessed based on current IRS guidelines:

Mileage (outside LA/OC Counties)............................................................................................ $.58 @ mile If special travel outside these areas is required and requested by the client (e.g., San Diego, Sacramento), travel expenses such as hotel and airfare (if applicable) will be billed at cost. 1 Starting in 2022, we are assessing a 10% late charge on invoices received past the due date.

Invoices are billed in accordance with the City’s Net 45 requirement.

EXHIBIT B
City Council 21 – 15 4/5/2022
Library
www.santa-ana.org/library
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Library Radio Frequency Identification (RFID) Project AGENDA TITLE:

Approve First Amendment to Agreement with Invengo America Corporation Doing Business as Fe Technologies to Add Additional Equipment, Maintenance Support, and Contingency Fund Related to the Library’s Radio Frequency Identification (RFID) Project (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Invengo America Corporation doing business as FE Technologies to increase the total compensation from $82,284.94 to $101,401.34 to provide two live scanning wands, seven circulation assistant pads, RFID tags, second-year maintenance support, and a contingency fund, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On March 16, 2021, the City Council approved an agreement with Invengo America Corporation in the amount of $82,284.94 for the Radio Frequency Identification (RFID) project of embedding library materials with RFID tags and purchasing equipment to work with the new RFID system. With RFID technology, the Library can speed up the process of book borrowing, renewing, returning, and tracking accurate data, thus improving the workflows and customer service. The circulation assistant pads at the Circulation Desks can detect multiple RFID-tagged items in a single transaction. The live scanning wands connect to the Library’s Integrated Library System (ILS), allowing Library staff to conduct inventory and claim returned items in real-time with efficacy. Using a handheld wand and tablet, Library staff can scan Library items and update the ILS instantly without the need for uploading or downloading data.

The Library wishes to amend the agreement to increase the total compensation by $19,116.40, for a total of $101,401.34, to purchase additional equipment and RFID tags, and add a contingency fund for future needs.

City Council 22 – 1 4/5/2022
Amend Agreement regarding Library Agency's Radio Frequency Identification (RFID) Project
April 5, 2022

Page 2 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds are budgeted and available in the following account for the specified year.

Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit -
Account
Description
Amount
FY 21-22 01111190-62300-
21150505901
General Fund Library Technology &
Support Services –
Contract Services
$19,116.40

EXHIBIT(S)

1. Agreement
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager
City Council 22 – 2 4/5/2022
City Council 22 – 3 4/5/2022
City Council 22 – 4 4/5/2022
City Council 22 – 5 4/5/2022
City Council 22 – 6 4/5/2022
City Council 22 – 7 4/5/2022
City Council 22 – 8 4/5/2022
City Council 22 – 9 4/5/2022
City Council 22 – 10 4/5/2022
City Council 22 – 11 4/5/2022
City Council 22 – 12 4/5/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Agreement with CM Amusements for Amusement Ride Services at City events AGENDA TITLE:

Agreement with CM Amusements for Amusement Ride Services at City Events for an Amount Payable to the City of 25 Percent of Gross Revenue Ticket Sales for the Period of April 1, 2022 to March 31, 2025 with Funds to be Deposited in the General Fund

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with CM Amusements for amusement ride services at City events for an amount payable to the City of 25 percent of gross revenue ticket sales for the period of April 1, 2022 to March 31, 2025 with funds to be deposited in the General Fund, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)’s efforts to bring together many elements needed to provide multiple City-produced events throughout the year.

An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP, which include firm/team experience, references/relevant experience, manner for performing services and fee. The City received two proposals; below are the results of the evaluation.

Company Score
CM Amusements 256
SoCal Rides 245
Based on the results of the evaluation scores, staff recommends entering into an agreement with CM Amusements for amusement ride services. As part of the agreement CM Amusement will pay to the City 25 percent of gross revenue ticket sales. Use of these services will be contingent on the City’s approval of funding for City events each fiscal year.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

City Council 23 – 1 4/5/2022
Agreement with CM Amusements for amusement ride services at City events March 15, 2022

Page 2 ends

FISCAL IMPACT
CM Amusements is to pay the City 25 percent of gross revenue ticket sales. While the City will collect revenue there may be some additional costs related to having amusement rides at City events, such as event insurance premiums may increase (the vendor will also be required to have their own insurance). Also, depending on the location of the rides, it may require the City to rent traffic barricades. The vendor will be responsible for maintaining the site clean during and after events. The potential for additional costs will need to be evaluated on an event by event basis.

Funds will be deposited in the following account for the specified years:

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 22-23 01113002-
53331
General
Fund
PRCSA-City Events Estimate $5,000 -
7,500
FY 23-24 01113002-
53331
General
Fund
PRCSA-City Events Estimate $5,000 -
7,500
FY 24-25 01113002-
53331
General
Fund
PRCSA-City Events Estimate $5,000 -
7,500

EXHIBIT(S)

1. Agreement
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 23 – 2 4/5/2022

Page 1 of 10 ends

AGREEMENT WITH CM AMUSEMENT & PRODUCTIONS, INC., TO PROVIDE

CARNIVAL EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between CM Amusement & Productions, Inc., dba as CM Amusement, a California corporation (³&RQtractor´
and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws RIWKH6WDWHRI&DOLIRUQLD
³&LW\´

RECITALS
A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide carnival equipment and services for the &LW\¶VParks, Recreation, and Community Services Agency.

B. Contractor submitted a responsive proposal that was selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-FDOO EDVLVDQGDWWKH&LW\¶V VROH GLVFUHWLRQ&RQWUDFWRUshall provide carnival equipment and services for City events complete with rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in the Scope of Work in RFP No. 21-139, which is attached as Exhibit A as well as the &RQWUDFWRU¶VSURSRVDO, attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. This includes, but is not limited to, setup, tear down, and clean up prior to, during, and after the event. City grants Contractor the right to enter its property for the purpose of these services, including delivery, setup, and pick up.

Contractor is responsible for all equipment, clean up services, overnight security, electricity, carnival rides and games, vendor booths, and insurance for events. Contractor must cover parking for employees, subcontractors, and equipment vehicles before and after the event.

Contractor shall comply with, coordinate, and obtain all approvals and certifications that are required by the Amusement Ride and Tramway Unit of the California Department of Industrial Relations or other government agencies responsible for amusement ride oversight.

Exhibit 1
City Council 23 – 3 4/5/2022

Page 2 of 10 ends

2. COMPENSATION
a. For the right to produce the event(s) set forth in Exhibit A, Contractor agrees to pay the City the sum of Twenty-Five Percent (25%) of gross ride ticket sales for the event(s). The ticket costs are provided for in Exhibit B. b. Payment to the City shall occur within seven (7) days following the event.

3. TERM
This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below.

³3UHYDLOLQJ :DJH /DZV´
ZKLFK UHTXLUH WKH SD\PHQW RI SUHYDLOLQJ ZDJH UDtes and the SHUIRUPDQFHRIRWKHUUHTXLUHPHQWVRQ³SXEOLFZRUNV´DQG³PDLQWHQDQFH´SURMHFWV,IWKHVHUYLFHV EHLQJSHUIRUPHGDUHSDUWRIDQDSSOLFDEOH³SXEOLFZRUNV´RU³PDLQWHQDQFH´SURMHFWDVGHILQHGE\ the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this $JUHHPHQW ³'RFXPHQWV 'DWD´
Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and Exhibit 1
City Council 23 – 4 4/5/2022

Page 3 of 10 ends

perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within WKHSXUSRVHVLQWHQGHGE\WKLV$JUHHPHQWVKDOOEHDW&LW\¶VVROHULVN

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 FRYHULQJ&*/RQDQ³RFFXUUHQFH´basis, including products and completed operations, property damage, bodily injury and 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 (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.

3. :RUNHUV¶&RPSHQVDWLRQ : as required by the State of California, with Statutory Limits, DQG(PSOR\HU¶V/LDELOLW\,QVXUDQFHZLWKOLPLW of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate.

5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions
Exhibit 1
City Council 23 – 5 4/5/2022

Page 4 of 10 ends

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor¶V insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor¶VLQVXUDQFHFRYHUDJHVKDOOEHSULPDU\ coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor¶VLQVXUDQFHDQGVKDOO not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. %HVW¶V rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):

Exhibit 1
City Council 23 – 6 4/5/2022

Page 5 of 10 ends

i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must SXUFKDVH³H[WHQGHG UHSRUWLQJ´FRYHUDJH IRUDPLQLPXPRI five (5) years after completion of work.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor¶V obligation to provide them.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, Exhibit 1
City Council 23 – 7 4/5/2022

Page 6 of 10 ends

restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Contractor¶V VHUYLFHV DUH VXEMHFW WR &LYLO &RGH Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, UHSUHVHQWDWLYHVDQGHPSOR\HHVDJDLQVWDQ\DQGDOOOLDELOLW\LQFOXGLQJFRVWVDQGDWWRUQH\¶VIHHV IRULQIULQJHPHQWRIDQ\8QLWHG6WDWHV¶OHWWHUVSDWHQWWUDGHPDUNRUFRS\ULJKWFRQtained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable caUH³&RQILGHQWLDO,QIRUPDWLRQ´VKDOOLQFOXGHDOO nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor Exhibit 1
City Council 23 – 8 4/5/2022

Page 7 of 10 ends

without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

Attn: Mike Garcia, President
11721 Whittier Blvd. #503
Whittier, CA 90601
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

Exhibit 1
City Council 23 – 9 4/5/2022

Page 8 of 10 ends

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without WKH&LW\¶VSULRUZULWWHQFRQVHQWVKDOOEHFRQVLGHUHGQXOODQGYRLG1othing in this Agreement shall EH FRQVWUXHGWROLPLWWKH&LW\¶V DELOLW\WR KDYH DQ\ RIWKH VHUYLFHV that are the subject to this Agreement performed by City personnel or by other contractors retained by City.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement.

Exhibit 1
City Council 23 – 10 4/5/2022

Page 9 of 10 ends

18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and DWWRUQH\¶VIHHVIRUDny injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signatures on next page]
Exhibit 1
City Council 23 – 11 4/5/2022

Page 10 of 10 ends

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM CM AMUSEMENT & PRODUCTIONS,
SONIA R. CARVALHO INC.

City Attorney
By: _____________________ ____________________________
Brandon Salvatierra Mike Garcia
Deputy City Attorney President

RECOMMENDED FOR APPROVAL
____________________________
Lisa Rudloff
Executive Director
Parks, Recreation, and Community Services Agency
Exhibit 1
City Council 23 – 12 4/5/2022

EXHIBIT A
Exhibit 1
City Council 23 – 13 4/5/2022
City of Santa Ana RFP 21-139

Page 18 ends

Appendix
ATTACHMENT 1-G

SCOPE OF WORK
SERVICE:

CARNIVAL
The City of Santa Ana is interested in a carnival operator to provide mechanical rides and game booth services for the 2022 Fiestas Patrias Festival on Saturday & Sunday, September 10-11, 2022 (Tentatively Scheduled) in Santa Ana and other related events, as needed. Below is a sample listing from previous events.

Major Rides
o Ferris Wheel - Required
o Tilt a Whirl
o Sizzler
o Gravitron
o Round Up
Kiddie Rides
o Dinos
o Fun House
o Glass House
o Super Slide
o Berries
o Lady Bugs
o Wind Jammer
o Superslide
Game Booths (4)
Ticket Booths (2)
Food Trailer (1) – optional
Office Trailer (1)
Proposals by qualified vendors will include a large scale carnival to occupy a 54’ x 521’ space which must include a ferris wheel, major mechanical rides, kiddie mechanical rides, ticket booths, office trailer, staffing, carnival management/oversight, overnight security and cleaning service during and after the carnival (post event cleaning service to include power washing services). The proposal must include a 25% return to the City of gross generated revenue after the event. Vendor would be responsible to cover the cost of their own insurance coverage, sales tax, delivery/storage/transportation of equipment and parking* as well as all other required permits which may include Business Tax, Building and Planning, OC Fire, and OC Heath. It is the responsibility of the selected vendor to work directly with these corresponding departments and agencies to ensure all safety regulations are met, necessary inspections are conducted and permits are issued.
*Vendor must cover parking for employees, subcontractors, and equipment vehicles before and after the event. The City will only cover parking for employees and subcontractors during Friday setup (9/9/22) and the event dates (9/10-9/11/22) (Tentatively Scheduled).

Exhibit 1
City Council 23 – 14 4/5/2022

EXHIBIT B
Exhibit 1
City Council 23 – 15 4/5/2022
Exhibit 1
City Council 23 – 16 4/5/2022
Exhibit 1
City Council 23 – 17 4/5/2022
Exhibit 1
City Council 23 – 18 4/5/2022
Exhibit 1
City Council 23 – 19 4/5/2022
Exhibit 1
City Council 23 – 20 4/5/2022
Exhibit 1
City Council 23 – 21 4/5/2022
Exhibit 1
City Council 23 – 22 4/5/2022
Exhibit 1
City Council 23 – 23 4/5/2022
Exhibit 1
City Council 23 – 24 4/5/2022
Exhibit 1
City Council 23 – 25 4/5/2022
Exhibit 1
City Council 23 – 26 4/5/2022
Exhibit 1
City Council 23 – 27 4/5/2022
Exhibit 1
City Council 23 – 28 4/5/2022
Exhibit 1
City Council 23 – 29 4/5/2022
Exhibit 1
City Council 23 – 30 4/5/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Agreements for Entertainment Performer Services at City events AGENDA TITLE:

Agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for Entertainment Performer Services at City Events for an Annual Aggregate Amount not to Exceed $100,000 for the Period April 1, 2022 to March 31, 2025, for a Total Aggregate Agreement Amount of $300,000 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for entertainment performer services at City events for an annual shared aggregate amount not to exceed $100,000 for the period April 1, 2022 to March 31, 2025, for a total shared aggregate agreement amount of $300,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.

DISCUSSION
On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)’s efforts to bring together the elements needed to provide multiple City-produced events throughout the year.

An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received two proposals. Staff reviewed the proposals, and, based on the results of the review, experience in working with the vendors in the past, and the fact that each company has access to different genres of entertainers, PRCSA is recommending entering into agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for a threeyear term. The agreements will be for an aggregate amount across both vendors. The City may use one vendor more than another depending on the need for specific genres of entertainers. Use of these services will be contingent on the City’s approval of funding for City events each fiscal year.

City Council 24 – 1 4/5/2022
Agreements for Entertainment Performer Services at City events April 5, 2022

Page 2 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds will be budgeted and made available in the following account for the specified years:

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description
Amount
FY 22-
23 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$100,000
FY 23-
24 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$100,000
FY 24-
25 01113230-
62300
General
Fund
PRCSA-Recreation and
Community ServicesContractual Services
Professional
$100,000

EXHIBIT(S)

1. Agreement
Submitted By: Lisa Rudloff, PRCSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 24 – 2 4/5/2022

Page 1 of 10 ends

AGREEMENT WITH STAGE PLUS, INC., TO PROVIDE ENTERTAINMENT

EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Stage Plus, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide talent for various events for the City’s Parks, Recreation, and Community Services Agency.

B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in Contractor’s proposal attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of two (2) contractors selected to provide services on an on-call basis under RFP 21-139. The total annual compensation for services provided by all contractors selected under RFP No. 21-139 shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000) with a total Agreement aggregate amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Exhibit 1
City Council 24 – 3 4/5/2022

Page 2 of 10 ends

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Page 3 of 10 ends

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.

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Page 4 of 10 ends

materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

Exhibit 1
City Council 24 – 6 4/5/2022

Page 5 of 10 ends

ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Page 6 of 10 ends

defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

Exhibit 1
City Council 24 – 8 4/5/2022

Page 7 of 10 ends

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Parks, Recreation, and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: Stage Plus, Inc.
2330 S Susan Street
Santa Ana, CA 92704
Attn: Manny Huante
[email protected]
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Exhibit 1
City Council 24 – 9 4/5/2022

Page 8 of 10 ends

Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City.

18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital Exhibit 1
City Council 24 – 10 4/5/2022

Page 9 of 10 ends

status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[signatures continued on next page]
Exhibit 1
City Council 24 – 11 4/5/2022
Exhibit 1
City Council 24 – 12 4/5/2022

EXHIBIT A
Exhibit 1
City Council 24 – 13 4/5/2022
City of Santa Ana RFP 21-139

Page 14 ends

Appendix
ATTACHMENT 1-C

SCOPE OF WORK
SERVICE:

ENTERTAINMENT PROMOTER
The City is seeking a company with the capacity to provide talent for various events. Below is a sample listing of performers used for previous large-scale events.

Ana Barbara
Banda Machos
Diana Reyes
Kevin Ortiz
Maribel Guardia
Fidel Rueda
Graciela Beltran
Promoter must have access to groups within the Mexican regional music genre such as, but not limited to, the following:

Banda
Norteño
Mariachi
The contractor will be expected to provide insurance for performers. Additionally, the promoter will be responsible for any special requests from the performer. The contractor is also expected to coordinate with various City departments and other contractors associated with the event. The contractor should provide a listing of talent they represent. Due to the differences in pricing based on the performer, each performance pricing will be negotiated with the City. Pricing should include a price range for a performance.

Exhibit 1
City Council 24 – 14 4/5/2022

EXHIBIT B
Exhibit 1
City Council 24 – 15 4/5/2022
Exhibit 1
City Council 24 – 16 4/5/2022
Exhibit 1
City Council 24 – 17 4/5/2022
Exhibit 1
City Council 24 – 18 4/5/2022
Exhibit 1
City Council 24 – 19 4/5/2022
Exhibit 1
City Council 24 – 20 4/5/2022
Exhibit 1
City Council 24 – 21 4/5/2022

Page 1 of 10 ends

AGREEMENT WITH DARREL WAGNER DBA PROFESSIONAL ENTERTAINMENT (GIGROSTER) TO PROVIDE ENTERTAINMENT SERVICES TO THE CITY OF

SANTA ANA
THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Darrell Wagner, a sole-proprietor dba Professional Entertainment (GigRoster) (³&RQtractor´ DQG
the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws RIWKH6WDWHRI&DOLIRUQLD
³&LW\´

RECITALS
A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide talent for various events for the &LW\¶V Parks, Recreation, and Community Services Agency.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:

1. SCOPE OF SERVICES
On an on-FDOOEDVLVDQGDWWKH&LW\¶VVROHGLVFUHWLRQ&RQWUDFWRUshall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in &RQWUDFWRU¶V SURSRVDO attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein.

Page 2 of 10 ends

proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City.

3. TERM
This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this $JUHHPHQW ³'RFXPHQWV 'DWD´
Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Page 3 of 10 ends

Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within WKHSXUSRVHVLQWHQGHGE\WKLV$JUHHPHQWVKDOOEHDW&LW\¶VVROHULVN

Page 4 of 10 ends

operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor¶V insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

Exhibit 2
City Council 24 – 25 4/5/2022

Page 5 of 10 ends

ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must SXUFKDVH³H[WHQGHG UHSRUWLQJ´FRYHUDJH IRUDPLQLPXPRI five (5) years after completion of work.

The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Page 6 of 10 ends

Exhibit 2
City Council 24 – 27 4/5/2022

Page 7 of 10 ends

To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
Executive Director
Parks, Recreation, and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, CA 92702
To Contractor: Darrel Wagner dba Professional Entertainment (GigRoster) P.O. Box 78593
Seattle, WA 98178
Attn: Darrel Wagner
[email protected]
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Exhibit 2
City Council 24 – 28 4/5/2022

Page 8 of 10 ends

18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital Exhibit 2
City Council 24 – 29 4/5/2022

Page 9 of 10 ends

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

Page 10 of 10 ends

APPROVED AS TO FORM DARRELL WAGNER DBA
SONIA R. CARVALHO PROFESSIONAL ENTERTAINMENT
City Attorney (GIGROSTER)
By: _____________________ ____________________________
Brandon Salvatierra Darrell Wagner
Deputy City Attorney Chief Executive Officer

RECOMMENDED FOR APPROVAL
____________________________
Lisa Rudloff
Executive Director
Parks, Recreation, and Community Services Agency
Exhibit 2
City Council 24 – 31 4/5/2022

EXHIBIT A
Exhibit 2
City Council 24 – 32 4/5/2022
City of Santa Ana RFP 21-139

Page 14 ends

Appendix
ATTACHMENT 1-C

SCOPE OF WORK
SERVICE:

ENTERTAINMENT PROMOTER
The City is seeking a company with the capacity to provide talent for various events. Below is a sample listing of performers used for previous large-scale events.

Exhibit 2
City Council 24 – 33 4/5/2022

EXHIBIT B
Exhibit 2
City Council 24 – 34 4/5/2022
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Exhibit 2
City Council 24 – 35 4/5/2022
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Exhibit 2
City Council 24 – 36 4/5/2022
City of Santa Ana RFP 21-139

Page 37 ends

Appendix
ATTACHMENT 3-8-C

FEE SCHEDULE
SERVICE:

ENTERTAINMENT PROMOTER
The City understands that performers’ rates can vary greatly based on a number of factors. Therefore, include a listing of talent represented by your company, group talent into levels of similar pricing and include the price range for each level.

City may request services during the term of the agreement at prices identified in the price listing. If a requested service is not listed on the price listing the city will negotiate a price with the company.

Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

Proposal Item Price - The proposer warrants that the prices, terms and conditions quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. __________________________________________________________________________________________________ Printed Name of Authorized Agent Title
__________________________________________________________________________________________________ Signature of Authorized Agent Date
Exhibit 2
City Council 24 – 37 4/5/2022
Capability
Statement
GigRoster™
Professional Entertainment
GigRoster.com 800.801.2484 [email protected]
Real Talent!
Core Competencies
● An inclusive roster of established, local, national and international entertainers, bands, DJs and performing artists with exclusive access to thousands of artists on the GigRoster.com talent system.
● Over 35 years of experience as personal talent buyers for prestigious customers and companies.
● A full interactive suite of the tools necessary to help you select and work with the most appropriate professional talent for any event or program. ● Extensive knowledge in all areas of event production and promotion including venue selection, AV requirements, guest logistics and security. ● Easily searchable categories of musical artists of every genre in addition to keynote and motivational speakers and trainers, celebrity emcees and variety performers. ● Ability to create events for customers with an array of entertainment around virtually any theme.
● Specialists in corporate business events as well as public performances including fairs, festivals, promotional events.

A Few Customers We’ve Entertained
Major League Baseball: Providing special pre-game and event entertainers since 2002; Starbucks: Music for company meetings and promotional events; Wells Fargo: Annual Summer Concert Series at Wells Fargo Plaza; Microsoft: Product release events with live bands; Merrill Lynch: Annual Holiday Parties since 1995; Six Flags Parks: Ongoing ethnic performers for theme days at the park; The United Way: Musical and variety talent at gala fundraiser events; Turner Sports: Big bands for the Final Four breakfasts and dinners; The Port Of Seattle: The Merchants Of SeaTac December Holiday Program cast of performers & parade since 2010; American Cruise Lines: Live Dixieland Music for embarkation of all cruises since 2011

Exhibit 2
City Council 24 – 38 4/5/2022
What Makes GigRoster™ Different?
GigRoster™ Professional Entertainment’s is a company uniquely qualified to provide full entertainment services in a very personal way to our customers in local markets across the nation.

Professional Entertainment has been in business as a premium entertainment buyer and coordinator for corporate, private and government customers since the 1980's. Now the company as launched new branding with GigRoster™, a truly revolutionary concept in the business of booking local top shelf entertainment. Our platform is free to the tens of thousands of performing artists, bands and entertainers who have partnered with us to bring a curated experience in selecting and booking talent of any style. With years of experience coordinating live talent for events, GigRoster™ takes it to the next level in providing our member artists a way to showcase features and benefits of their offerings. The new GigRoster™ interface is the only company covering the United states and Canada that features a full suite of online promotional and booking capabilities and also includes personal assistance from our team of experienced Talent Coordinators. Real humans, who have real talent in helping any customer select, book and manage the performance with the right entertainment for any event. The resources we are utilizing create a phenomenal growth potential as we continue to enhance our offerings for our customers to book entertainment. GigRoster™ - Real Talent.

Where Can You Find Us?
Seattle, Boston, San Francisco, New York, New Jersey, Chicago, Los Angeles, Portland, San Diego, Washington DC and Philadelphia as well as branch offices and talent coordinators in major markets across the USA.

Keywords:

Music, Musicians, Bands, Performers, Entertainment, Entertainers, Talent, Booking Agency, Talent Broker, Talent Buyer, Shows, Concerts, Combos, Ensembles, Jazz, Rock, Pop Music, Dance Music, Festival Music, Ethnic Music, Party Music, DJ, Deejay, Keynote Speaker, Training, Motivation.

Certifications:

National LGBT Chamber of Commerce nglcc.org, Certification #15017; SBA Small Business Enterprise sba.gov, Certification #79267624 Memberships:

National Association of Campus Activities, NACA, naca.org Western Fairs Association, WFA, westernfairs.org
Greater Seattle Business Association, GSBA, theGSBA.org DUNS
792676249
NAICS Codes
711130
Musical Performer
711410
Talent or Booking Agency
711510
Motivational Speakers
711320
Promoters of Performing Arts
711190
Other Performing Arts
CAGE Code
6J4D3
UNSPSC Code
90150000
Insurance
$2,000,000 aggregate
Exhibit 2
City Council 24 – 39 4/5/2022
Exhibit 2
City Council 24 – 40 4/5/2022
Exhibit 2
City Council 24 – 41 4/5/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Agreement with Patrol Solutions for Event Security Services AGENDA TITLE:

Agreement with Patrol Solutions for Security Services at City Events for an Annual Amount not to Exceed $150,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $450,000 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Patrol Solutions, LLC for security services at City events for an annual amount not to exceed $150,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $450,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.

DISCUSSION
On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA) efforts to bring together the elements needed to provide multiple City-produced events throughout the year.

An evaluation committee consisting of representatives from PRCSA and the Police Department reviewed and rated the proposals according to the criteria listed in the RFP.

The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received six proposals. Below are the results of the evaluation:

Company Score
Patrol Solutions 396
United Security Services 384
California Panther Security 380
Access Control System 287
Good Guard Security 271
The Perfect Event 216
City Council 25 – 1 4/5/2022
Agreement with Patrol Solutions for Event Security Services April 5, 2022

Page 2 ends

Santa Ana City CouncilApril 5, 2022

Santa Ana City Council
April 5, 2022