Cities Index.
Agenda packet

Santa Ana City Council
May 17, 2022

Document
Agenda packet
Meeting
May 17, 2022
Body
Santa Ana City Council
Pages
14
Original file
125.2 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

」anuary 2020
 City Council 28 – 2655/17/2022  Local Assistance Procedures Manual EXH:BIT 1042
Cost Proposal
NOTESil Key personnei must be marked wkh an astettsk(つ and empioyees that are subiecttO prevai“ ng wage requrements must be marked wkh mo astettsks(‐ )Ali costs must complywkh u19 Federal cost pttnciples Subconsuitants wili pro両 de their own cost proposals 2 可he cost proposalformat sha‖ not be amended
3 BIIting rate=actual houHy rate'(1+ICR)・ (1+Fcc)indttect cost rates shaII be updated on an annual basis in accordance wkh the consukants annual accoundng pettod and estabnshed by a cogni2ant agency or accepted by Cakrans A‖ costs must complyムnth the Federal cost p市nciples for reimbursement 4 For named employees and key personnel enterthe a(丈 uat houriy rate For ctassittcations oniyt enter the Average Houriy Rate for that ciassincatiOn ExHIBIT 1 0‐H2CosT PROPOSAL Page2of3
SPECIFiC RATE OF COMPENSATiON(USE FOR ON‐ CALL OR AS― NEEDED CONTRACTS) (CONSTRUCTiON ENGINEERIN6 AND INSPECTiON CONTRACTS)
Consuhant Desmond,Marcello&Amster,LLC
日 Pme Consuttant E〕 Subconsuttant
Proi ect No.RFP 21-131 Contract No. Date 11/29/2021
Note:Add addilional pages necessa:yNOTES:
4 2
3 4
5 6
日st odler di『ect costitems with estimated costs These costs should be competit帝 e in their respectⅣ e industnes and suppoited with appropriate documentationP「oposed ODC hems should be consistendy billed regardless of chent and contract vpeitems when incurred forthe same purposelin tike circumstancei should not be included in any indirect cost pool orin the ovenead ratekems such as specialtoo“ ngi面 II be reimbursed at actual cost wК h suppo,dng documentation cnvoiCe) itemstisted above that wouid be considered ltoois ofthe tradeW are not reimbursable as other direct costTravel related costs should be pre‐ approved by the contracting agency and sha‖ not excced current State Depaitment of Pcrsonnel Administration rules ″
SCHEDULE OF OTHER DIRECT COSTITEMs lAdc additional pages as necessa呼 ) Description ofitem Quandty Unit Unit Cost Total
Mileage Costs $0.00
Equipment Rental and Supplies $000Permit Fees 30.00PIan Sheets 30.00 Test $0,00
Vehide $0.00
Subconsuitant lSubconsultant 2Subconsultant 3Subconsultant 4 Subconsultant 5

Page 5 ends

Janua!y2020
 City Council 28 – 2665/17/2022  Loca:Assistancc P『 ocedures Manuai Ⅸ ‖IBIT 10引
2 Cost P『oposal

7.If mmeage is daimedtthe『ate should be prope『 ly suppoited by dte consuに :mぜ s caicutation oftheir attual costs for company vehictes.In addmontthe miles claimed should be suppo:ted by m‖ eage iogs. ヽ

3. If a consukant p『 oposes「cntal costs for a vehicici dle company『 nust demonstrate thatthis is its standa『 d procedurefor a‖ ofheir contracts and thatthey do nct oun any vehicies that could be used forthe same purposc.

9.The cost proposaifomat shall nct be amended.Ali costs must cornply wtth the Federal cost Ⅳ袖dpleS,
10, Add addmonal pagesif necessa,y,11.Subconsukants must p『 前 de dler own cOst proposais.
微

Page 6 ends

Janua,y2020
 City Council 28 – 2675/17/2022  Local Assistance Procedures Manual EXHIBIT 10‐ H2
Cost Proposal
ExHIBIT 1 0‐H2CosT PROPOSAL Page3of3
Certification of Direct Costs:
|,the undersigned,cettity to the best of my knowiedge and beliefthat a‖ dired costs identifled on the cost proposat(s)in this contract are actualB reasonablet a‖ owable,and aliocable to the contractin accordance wtth the contractterms and the fo‖ owing requrementsi

7.Generally Accepted Accoun朽 ng P両 nciples(GAAP)
8, Terms and condttions ofthe contract
9 Tttie家〕Unhed States Code Section l1 2-Letting of Contracts 10 48 Code of Federal Regulations Part 31-Contract Cost Principles and Procedures ll.家〕Code of Federal Requlajons Pa武 172-Procurement〕 Management,and Adrninistration of Engineering and Design Related Service 12,48 Code of Federal Regulations Part 9904-Cost Accoununq Standards Board(when applicable)
Ali costs must be applied consistentiy and fairty to a‖ contracts, AII documentation of compliance r¬ ust be retained in the proieCtmes and be in comphance wtth apphcable federal and state requirements.

Costs that are noncompliant wtth the federal and state requttements are not eligible for reirnbursement.

Prime Consuitant or Subconsuitant CertifYin_q:

Mamaux Managing Partner TitieⅢ :

Signature Date of Cettittcation(mm′ dd′ yyyy): 11/29/2021 Ema‖ : mmamauxΩdmaValue Phone Numberi 310‐ 216-1400
Address 222 Pacific Coast Highway,1 0th Fioor,EI Segundo,CA 90245 士An individual executive orttnancial師cer ofthe consuitant's or subconsultant'so「 ganttation at a levelΠ o lowerthan a Vice President or a Chief Financia1 0mcer,Or equivalent,who has authormy to represent the ttnancialinformation utilized to establish the cost proposalfor the contract,
List services the consultantis under he d contracti

Page 7 ends

」anuary 2020
/ ,
Furnkure,Fixtures,Machinery&Equipment Appraisal
City Council 28 – 268 5/17/2022
Combined Ra俺
Local Assistance Procedures Manual Exhibit 10‐ K
Consultant Annual Certirlcation Of lndirect Costs and Financial「 距anagement System ExHIBIT 10‐ KCoNSULTANTANNUALCERTIFICATIONOF
INDIRECT COSTsAND FINANCIALMANAGEMENTSYSTEM
(Ⅳο′?frデ α sαデ9,α′うο′Lttecι 〔ヌοsι Rαι9ぬ αPPrοフ9ら れぬデο=陶 ね 刀οι r?T“ 虎 工) Consultant's Full Legal Namei 乏6へ/\ 0へ かふへ、∝企cよ(6+′
~
《ハす(篭rr ιこ/◆
Importtnti Consultant means the individual or consuitant providing engineering and design related sewices as a paロリof a conttact with a rectpient or sub‐ recipient of Federal assistance.Therefore,the lndirect Cost Rate(s)Shali nOt be combined with its parent company or subsidiaries, 脚1滑
0/00R
Home Offlce 0/O and Field Omce Ra俺 (ifappliCable Ⅲ
0/0
Facilities Capital Cost of °/o(ifapplicable)
Fiscal period*
*Fiscal period is annual one year applicable accounting period that the lndirect Cost Rate was developed(not the contract period).The lndirect Cost Rate is based on the consuitant's one― year apphcable accounting period for which anancial statements are reBulariy prepared by the consultant.

I have re宙 ewed the pЮ posalto establish an hdirect Cost Rate(s)fOrthe ascal period as specined above and have detelHttined to the best ofrny knowiedge and beliefthat:

AH costs included in the cost pЮ posatto estaЫ ish the indirect cost rate(S)are al10Wable in accordance with the cost principles ofthe Federal Acquisition Regulation(FAR)48,Code of Federal Regulations(CFR),Chapttr l,Pa■ 31(48 CFR Part31); The cost proposal does not include any costs which are expressly unaliowable under the cost principles of48 CFR PaH 31;
The accounting treatment and billing ofprevailing wage delta costs are consistent with our prevailing wage poncy as either directlabor,indirect costs,or other direct costs on an federany― funded A&E Consultant Contracts.

All known materiattransactions or events that have occured subsequentto year― end affecting the consultant's ownership, organization,and indirect cost ratts have been disctosed as ofthe date of this ceniicatiOn.

I am providing the required and applicable documents as instructed on Exhibit 10‐ A.

Financial Mamagement Systerl:

Our iabor charging,job cosdng,and ac∞ uning systems meet the standards for anancial reponing,accOuning records,and intemal conttol adequate to demonstrate that costs ciairned have been incured,appropriately accounted for,are allocable to the contract,and comply with the federal requirements as set forth in Tttle 23 Unitcd States Codc(U.S.C.)Section l12(b)(2),48 CFR Pan 31,20卜 2(d)i23 CFR、 Chaptcr l.Pan 172,11(a)(2); and aH apphcable state and federal rules and re8ulations, Our financial management system has the fbHowing attributesI o Account numbers idend,hg albwabに dire鋭,indirect,and undbwaЫ e cost accoun悦 。 Ability to accumulate and segregate allowable direct,indirect,and unallowable costs into separate cost Page l of2
March 2018
●
●
●
●
City Council 28 – 269 5/17/2022
Local Assistance Procedures Manual Exhibit 10"K
Consultant Annual Certirication of lndirect Costs and Financial「 西anagement System accounts;
● Abihty to accumulate and segregate allowable direct costs by prtteCt,Contract and type ofcost ● Intemal contЮ Is to maintain integrity offlnancial management system; ● Ability to account and record costs consistentty and to ensure costs billed are in compliance with FAR; 。 Ab』ity to ensure and demonstrate costs blled reconciに to generЛ にdgers andjob cosdng system;and o Abitity to ensure costs are in compliance with contractteillis and federal and state requirement I aiso understand that failure to comply with 48 CFRと Pan 16.301‐ 3 or knowingly charge unanowable costs to Federa卜Aid Highway PЮgram(FAHP)contracts may result in possible penalties and sancdons as pЮ 宙ded by the following:

Sanctions and Penalties-23 CFR Part 172.11(c)(4)
False Ciainis△ ct‐ Titlc 3 1 U.S.C.Scctions 3729-3733
Stateinents or entries genera‖ y ―'I` itlc 18 U,S.C.secnOn lool M可 or Fraud Act‐ ′I` itle 18 U,S,C,Section 1 03 1
AIE Aれ ■ rnntttrt rnfrLrmttinn!
● Total participation amount S on a‖ State and FAHP contracts for Architectural& Engineering seⅣices that the consultant received in the last three iscal periods. ・ The number ofstates in which the consultant does business is . ● Years ofconsultant's experience with 48 CFRt Part 31 is . ・智
d七挺沼雰呂よ賢諾平惚歳u附耐唱望駐ゴ路8T港留蹴)回 帥螂℃RA配比
□ CPA ICR Audit E]Federal Gov'tICR Audit
I,the undersigned,cenittЛ 10ftheabovetothebettofmyknowにdge and bdttfand that l have revttwed the lndirectCostRateScheduletodetellilinethatanycostswhichareexpresslyunaHowableundertheFederal cost principles have been removed and comply with l` idc 23 U,S,C.Section l 12(b)(2),48 CrR Pan 31,23C「 R PaH 172, and all applicaЫe state and federal rules and regulations.I also cem,that l understand that all documentation of compliance must be retained by the consuitant.I hereby acknowiedge that costs that are noncompHant、 vith the federal and state are not engible fbr reiin
Name** 〔た ぶ ■け
●●●●
bursement and rnust be retumed to Calttans,
Titie**: にに。虫卜 生生 形堂η P~乾 d ノ
Signaturei
Email**:

Date ofCenticatiOn(mm/dd/― ): tt D_7 彦,3ツ |
峡 曳 岨 にtえ よ阻ct V疵 ♪″予hone Number**: うtひ /よ (ι ″r υヽ⊃
■4An individual executive or inancial oFrlccr Ofthc consuitant's or subconsuitant's organization at a lcvei no lowcr than a Vicc Prcsidcnt,a ChieFFinancia1 0「 iccL Or cquivalcnt,who has authority to reprcscnt the rlnancialinfomation uscd to cstaЫ ish he indircct cost ratc Notei βοι力″ガ脇9α′″ s,♭じοtts,Jサ α,サs αsPα「
'9S Oデ
αじοttιrαじι脇
"sサ
じ04Pカル カ ?力 οり,E】カカ″rθ‐【デ。′陶∫.
(デ[vJ′′,用∫vi′
'ど
′犯ο′′″rο Gじdd′οじα′αg?′,て ,ノ 'd加ソοJじ ゼd′用ガJα じοη学ガιセ βχんi♭J′ ′θ‐κデο′阿 Jざ αCc〔ψ′ιてザαれど,r)r'rο ソιど♭ノ (デα力rITη s A"′力s,れどれ ソι∫′igαガο麗∫.

Dhtribution: 1)On」 nЛ _loCЛ ABcncy PttCCt耐 に
2)Copy‐ COnsuitant
3)Copy‐ Catrans Audis and lnvcsdgadons

Page 2 ends

March 2018 City Council 28 – 270 5/17/2022
Local Assistance Procedures Manual Exhibit 10‐ 01
Consultant Proposal DBE Commitment
Page l of2
January 2019
ExHIBIT 10‐01 CoNSULTANT PROPOSAL DBE CoMMITMENT

1.Local Agencyi Citv of Santa Ana Publicヽ Ⅳorks Aqencv 2 Contract DBE Goali 3 Prtted DescnpuOn
4 Prtted Locauon:
5 Consuhanrs Name: Desmond,Marcello&Amster,LLC 6 Pttme Cettried DBE:

DISTRIBUTIONi OHginal― inctuded wtth consultantis proposalto local agency.

ADA Notice: Forindividuals with sensory disab‖ ltiesi this documentis available in alternate formats Forinformatlon ca‖ (916)654‐ 6410 orTDD(916)654‐ 3880 or write Records and Forms Management.1120 N Street,MS‐ 89,Sacramento,CA 95814 17 Local Agency Contract Numbet
18 Federal‐Aid Prttect Number
19,PropOsed Contract Execution Date:

20.Consultant's Ranking aRer Evaluation:

Local Agency cettines that ali DBE cettincatiOns are vahd and infornation on this forrn is complete and accurate.

Local Agency to Complete this Section
FFME ALppraisal
7 Description of Worki SeⅣ ice,or Materials
Supplied
N/A
8 DBE
Certification
Number
IMPORTANTJdentify a‖ DBEれ ms being ctaimed for credl,
tier WrКten confirnation of each nsted DBE is
11/29/2021
nature 13 Date
Madeleine Mamaux 310-216-1400
14 Preparers Name
ヽ4anagin8 Painer
15 Phone

16.Preparers Tltie

11.TOTAL CLAIMED DBE PARTiCIPATiON
N/A
9,DBE Contad infomadon
0 %
0 10,DBE%
LPP 18-01City Council 28 – 271 5/17/2022
Local Assistance Procedures Manual Exhibit 10‐ 01
Consultant Proposal DBE Commitment
INSTRUCT10NS― CONSULTANT PROPOSAL DBE COMMITMENT

CONSULTANT SECTION

1.Local Agency― Enterthe name ofthe local or regional agency thatis funding the contract.

2.Comtract DBE Coal― Enterthe contract DBE gOal percentage as it appears on the pttject advertisement.

3.ProieCt】Location― Enter the proJect iOCatiorl as it appears on the prttect advenisement.

4.ProteCt Descriptiom‐ Enterthe ptteCt description as it appears on the prtteCt advertisement(Bridge Rehab, Seismic Rehab,Overlay,Widening,etc.)。
5。 Consultant's Naコ ne― Enter the consultant's rillll naコ ne.

6.Prime Certined DBE― Check box ifprime contractoris a cehified DBE。

7.Description of Work,Services,or Materials Supplied― Enter description ofwork,seⅣ ices,or rnaterials to be provided.Indicate all work to be perfonmed by DBEs including work perfo二 皿led by the priFne COnsultant'sown forces,ifthe prirne is a l)BE.If 1000/O ofthe item is notto be perfolmlcd or furnished by the DE〕 E,describe the exact portion to be perfoAliRed or fumished by the l)BEo See LAPM Chapter 9 to detelm五 ne how to countthe paHicipation of DBE fllil:s.

8.DBE CeHirlcatiom Number‐ Enterthe DBE's Cehiflcation ldentification Number.AH DBEs mustbe ceniied on the date bids are opened.

9.正)BE Contact lnformation‐ Enterthe name,address,and phone number ofaH DBE subcontracted consultants.

AIso,enter the prirne consultant's name and phone number,ifthe prirne is a DBE.

10.DBE O/。 ‐Percent participation ofwork to be perfblHied or sewice provided by a DBE.Include the prime consultantifhe p五 meisa DBE.See LAPM Chapter 9 for how to countFuⅢ /partial panicipation.

11.Total ClaiHled DBE Participatiom O/0-Enter ttle total DBE panicipation clainied.Ifthe total%claimed is tess than item“ Contract DBE Goal,"an adequatety documenttd Good Faith Effort(GFE)is required(see Exhibit 15-H DBE Infottlmation‐ Good Faith EffoAs ofthe LAPM)。

12.Preparer's Sigmature― The person completing the I)BE conirnitment forni on behalfofthe consultant's flHn must sign their name。

13.Date― Enterthe date the DBE commitment foilllis signed by the consultant's preparer。

14.Preparer's Name― Enter the name ofthe person preparing and signing the consultant's DBE coHlFnitment form.

15.Phone― Enterthe area code and phone number ofthe person signing the consultant's DBE conllnitrnent fblIIl.

16.Preparer's Title― Enttr the positionん itle ofthe person signing the consultant'sI)BE conil■ itment foklli。

LOCAL AGENCY SECTION

17.Local Agency Contract Number― Enter the Local Agency contract numbcr or identifler.

18.Federa卜 Aid Proiect Number― Enttr the Federa卜 Aid Pttject Number.

19.Proposed Comtract Execution】 Date― Enttr the proposed contract execution date.

20.Consultant's Ranking after Evaluatiom― Enter consultant's ranking after ali sub■ littals/consultants are evaluated.Use this as a quick comparison for evaluating rnost qualifled consultant.

21.Local Agemcy Representative's Sigmature― ′Γhe person completing this section ofthe form forthc Local Agency must sign their namc to cenify that the infomiation in this and the Consultant Section ofthis follllis coコnplete and accurate.

22.Date― Enterthe dtte the DBE commitment form is signed by the Local Agency Representative.

23.Local Agency Representat市 e's Name― Enterthe name ofthe Local Agency Representat市 e cenifying the consuitant's DBE commitment follli.

24.Phome― Enterthe area code and phone number ofthe person signing the consultant's DBE conllnitinent fbH■ . 25。 Local Agency Representat市e Title― Enter the position/titie ofthe Local Agency Representat抒 e certifying the consultant's DBE commitment form。

Page 2 ends

January 2019
LPP 18‐01City Council 28 – 272 5/17/2022

EXHIBIT C
City Council 28 – 273 5/17/2022

FEE PROPOSAL

DESMOND, MARCELLO & AMSTER, LLC
SPECIAL TY AREA 11

BUSINESS GOODWILL APPRAISAL

DM&A'S STANDARD HOURLY RATE SCHEDULE
Title Staff Member Standard Rate

BUSINESS GOODWILL APPRAISAL
Managing Partner Madeleine Mamaux $325
Partner Wesley Nutten 395
Principal Ricardo Goni 250
Principal Eric Lietzow 275
Partner Kevin Blair 225
Analyst Silvia Tauber 140

FURNITURE, FIXTURES, MACHINERY & EQUIPMENT APPRAISAL
Partner Marcus Pigrom
Appraiser Raul Bermudez
Appraiser Ryan Nutten
Examples of typical fee ranges by assignment type include:

Non-Complex
Moderately Complex
Very Complex
$5,000 to $8,000
$8,000 to $10,000
$10,000 to $15,000
225
125
125
The above fee ranges are for acquisition appraisals. They assume full cooperation of business owners, no material delays, and no litigation support. DM&A's business goodwill appraisals are very business specific with fees for appraisal services primarily impacted by business type and the complexity of the business' operations.

DM ... City Council 28 – 274 5/17/2022
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment
EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Consultant's Name: 6. Prime Certified DBE: D 7. Total Contract Award Amount:

8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:

10. Description of Work, Service, or Materials 11. DBE 13.DBE Certification 12. DBE Contact Information Dollar Supplied Number Amount Business Goodwill Appraisal N/A N/A 0
Local Agency to Complete this Section

20. Local Agency Contract $0
N11mhc.r· 14. TOTAL CLAIMED DBE PARTICIPATION

21. Federal-Aid Project Number:

22. Contract Execution 0%
n::otA·
Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all DBE firms being claimed for credit, this form is complete and accurate. regardless of tier. Written confirmation of each listed DBE Is requl
t
\_} 11/29/2021

23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date Madeleine Mamaux 310-216-1400

25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18.Phone Managing Partner

27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original - Local Agency

2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-641 o or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

Page 1 ends

July 23, 2015
City of Santa Ana Public Works Agency
On-Call
Desmond, Marcello & Amster, LLC
City Council 28 – 275 5/17/2022
Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment

INSTRUCTIONS - CONSULTANT CONTRACT DBE COMMITMENT

CONSUL TANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant's Name - Enter the consultant's firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants - Enter the total dollar amount for all subcontracted consultants.

SUM= (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants - Enter the total number of all subcontracted consultants. SUM= (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant's name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total% claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.

17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form.

Page 2 ends

July 23, 2015
City Council 28 – 276 5/17/2022
AGREEMENT TO PROVIDE ON-CALL RIGHT OF WAY SERVICES: FURNITURE,

FIXTURES AND EQUIPMENT APPRAISAL SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between Hodges Lacey & Associates, 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 December 6, 2021, the City issued Request for Proposal (RFP) No. 21-131, by which it sought a qualified consultant having special skill and knowledge in the field of furniture, fixtures, machinery, and equipment services on an as needed basis.

B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that Consultant is able and willing to provide the services described in the scope of work that was included in RFP 21-131.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 21-131, which is attached as Exhibit A, and as more specifically delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of the highest ranking firms to provide business furniture, fixtures, machinery, and equipment services on an on-call basis under RFP 21-131. The total compensation for these services provided by all such consultants selected under RFP 21-131 shall not exceed the shared aggregate amount of One Hundred Forty-Eight Thousand Dollars and Zero Cents ($148,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

City Council 28 – 277 5/17/2022

3. TERM
This Agreement shall commence on the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year periods upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.

Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

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

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

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

4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Broader Coverage: 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. b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant 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 Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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

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

4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’srating 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.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

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8. 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 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 Consultant’s obligation to provide them.

TheCityreservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.

9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant 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 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, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees City Council 28 – 281 5/17/2022
against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

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

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

13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is City Council 28 – 282 5/17/2022
an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

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

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

City Council 28 – 283 5/17/2022

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

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

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

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

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City Council 28 – 284 5/17/2022
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:

Richard Hodges, ASA
Hodges Lacey & Associates, LLC
606 Warwick Avenue
Thousand Oaks, CA 91360
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

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

ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM: HODGES LACEY & ASSOCIATES, LLC:

SONIA R. CARVALHO
City Attorney
By:

Brandon Salvatierra Richard Hodges, ASA
Deputy City Attorney Partner
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
City Council 28 – 285 5/17/2022

EXHIBIT A
City Council 28 – 286 5/17/2022
City of Santa Ana RFP 21-131
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
ON-CALL RIGHT-OF-WAY SERVICES:

GOODWILL, FF&E, & PROPERTY MANAGEMENT
RFP NO. 21-131

INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide On-Call Right-of-Way Services: Goodwill, FF&E, & Property Management on an asneeded or “on-call” basis.

It is the City’s goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements.

The services being considered for contract are the following “Specialty Areas”:

Specialty Areas Maximum Contract
Aggregate Amount
I. Property Management Services $148,000
II. Business Goodwill Appraisal Services $148,000
III. Furniture, Fixtures and Equipment Appraisal
Services
$148,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City’s goal to select one to two firms for each of the specialty services (I, II, and III). The City will enter into separate agreements (the “Agreement”) with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints.

A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City’s interests.

Interested firms who provide more than one right of way service are welcome to submit proposals for all Specialty Areas. However, the firm providing the Specialty Service for the selected parcels will not be selected for a different Specialty Service for the same parcels.

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MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.

Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects.

DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP).  The Consultant shall perform work to produce a high quality, professional and complete work product.
 Consultant must have experience with State and federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards.
 Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
 The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies.
 The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.
 The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its sub-consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.  The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in City Council 28 – 288 5/17/2022
City of Santa Ana RFP 21-131
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appropriate project files. Additionally, all electronic files shall conform to the City’s file naming system.
 The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City’s needs.  The Consultant’s work will be subject to inspection and audit by City, County, State and Federal representatives
 Consultant’s Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings.
 Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City.  Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services.  All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project.
 Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification.
 Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City.
 All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City.  The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement.

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SPECIALITY AREA: I

PROPERTY MANAGEMENT SERVICES
Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide post acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. The property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants.

Property Management duties shall include but not limited to:
 Review existing leases, licenses, franchises, easements, permits and other agreements for City properties.
 Negotiate and draft new agreements or make revisions to existing agreements for approval by the City.
 Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City. Calculate the market rent for hold over tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include in the escrow documents.  Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow.
 Schedule, coordinate, and perform property maintenance tasks with qualified vendors.  Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism.
 Meet and inspect the City properties post-acquisition to ensure conformance with appropriate regulations.
 Prepare and submit weekly status reports for all properties being managed. Report shall include at a minimum, property address, owner’s name, tenant’s name and contract rent amount, notices, vacancy date and demolition.
 Maintain and update tenant databases.
 Coordinate with City’s acquisition/relocation consultant for post-acquisition Property Management of City properties.
 Act as Property Management Liaison between the tenants and City.  Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities.
 Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures.
 Provide security services as needed. Security service may be required to deter the City Council 28 – 290 5/17/2022
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vandalism of vacant properties. Hours may vary depending on the need for day or night time security.
 Provide comprehensive maintenance services including the yard and site maintenance.  Coordinate vacancy of the properties with acquisition/relocation consultant.  Coordinate fencing and boarding up of buildings after vacancy as necessary for security prior to demolition.
 Arrange for board up if there was any break- in of the original board up.  Coordinate and provide access to properties, with demolition contractor.  Coordinate eviction of tenants if necessary with City staff.  Coordinate with escrow companies for transfer of tenant information upon closure of escrow.

Trust Account
Consultant shall establish a separate checking account in the name of City and Consultant with the City to be co-owner of the account and have full access at a bank approved by City and conform to the following policies:

1. At the creation of the account, Consultant shall document all tenancies that currently exist at City-owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report shall be updated monthly to reflect any new tenants.

2. Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants.

3. Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City.

4. Non-emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. The operating reserve amount in the account shall be $5,000 per parcel. Consultant is required to remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month. On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (7) below.

5. All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable.

6. Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall confirm all changes in writing to City’s Public Works and Finance and Management Agencies.

7. Consultant is required to maintain books and records in compliance with generally accepted accounting principles. On a monthly basis or upon City’s request, Consultant City Council 28 – 291 5/17/2022
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shall provide a listing of the following:
a. Rental income by tenant (identify property address)
b. Expenditures by category (e.g., utilities, maintenance, property management fees, etc.)

8. Consultant shall make available all books and records related to the services provided to City Finance staff or an independent Certified Public Accounting firm acting on behalf of City.

9. City maintains the right, either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant’s books and records related to above-referenced service. The examination may be conducted on annual basis or upon City’s discretion on reasonable notice.

Weekly Status Reports
Consultant shall provide to the City weekly status reports relating to the management and operation of the premises for the preceding calendar week. These documents shall include the following, but are not limited to:
 Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.)
 Contractor competitive bids
 Tenant information, owner’s information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90-day notice dates, fencing, board up, testing dates, utility shut offs and meter removal dates.  Status report must also include inspection dates and any action items needed during the inspection and follow up of the action items.

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SPECIALITY AREA: II

BUSINESS GOODWILL APPRAISAL SERVICES
Consultant shall perform professional and technical Loss of Goodwill Appraisal services on an as-needed basis to prepare reports for use during ROW negotiations for the project and settlement during condemnation proceedings. The Loss of Goodwill reports are to be prepared in accordance with all applicable regulations as determined by the City. These may include, but are not limited to local, state and federal regulations, policies, procedures, manuals, and standards including.

Consultant has total responsibility for the accuracy and completeness of the Loss of Goodwill Appraisal Reports and other work performed pursuant to this Agreement and prepared for this Project and shall check all such material accordingly. Reports will be reviewed by the City for conformity with General Goodwill Appraisal standards and coordination with State procedures.

Consultant shall, throughout the life of the Agreement retain within Consultant’s firm a staff of qualified personnel to perform each of the work listed below. Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services shall include providing:
 Budgetary Estimates of Goodwill Loss
Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant’s estimates of goodwill loss will be based upon a “drive by” site inspection of the subject businesses, limited market research, and any publicly available data. In addition, these estimates will take into consideration Consultant’s experience in preparing goodwill loss appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant’s results will be presented in a brief letter.  Goodwill Loss Acquisition Appraisals
During the early stages of property acquisition, Consultant can provide preliminary estimates of goodwill loss. Acquisition appraisals are based upon data, which may be provided by the business’ ownership at its discretion. Such information may include:
leases; background on the business provided via owner/management interviews; historical and prospective financial data; and information about proposed relocation sites. In addition, Consultant shall perform basic transactional research in light of our understanding of the business’ operations and financial condition. Consultant will also coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation. Further, Consultant’s analyses will be guided by relevant statutory and case law pertaining to compensation for loss of goodwill.

City Council 28 – 293 5/17/2022
City of Santa Ana RFP 21-131
Page A1-8
Consultant shall perform the following tasks:
 Preparation of Preliminary Estimates
 Preparation of Complete Loss of Goodwill Appraisals
 Perform field work as necessary
 Attend Pre-submission Review Conferences as required
 Prepare Correspondence
 Make presentations to city staff as needed
 Perform special studies within the scope of Consultant’s expertise.  Coordinate with other ROW consultants as necessary
 Coordinate with City-hired Real Estate appraisers and FF&E appraisers as required.

City Council 28 – 294 5/17/2022
City of Santa Ana RFP 21-131
Page A1-9
SPECIALITY AREA: III

FURNITURE, FIXTURES, MACHINARY AND EQUIPMENT
(FFME) APPRAISAL SERVICES
Consultant shall complete work under the direction of City staff. Consultant shall, throughout the life of the Agreement retain within Consultant’s firm a staff of qualified personnel to perform each of the work listed below. Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules.

Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services will include providing:
 Budgetary Estimates of Fixtures and Equipment Values
Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant’s estimates of fixtures and equipment values will be based upon a “drive by” site inspection of the subject businesses, limited market research, and any publicly available data. In addition, the estimates take into consideration Consultant’s experience in preparing fixtures and equipment appraisals of comparable businesses, as well as knowledge of relevant statutes and case laws, negotiated settlements and jury awards in eminent domain proceedings. Consultant’s results will be presented in a spreadsheet of estimates and a summary report.
 Fixtures and Equipment Appraisals
Consultant will provide a fully contained appraisal report, in triplicate and a digital file, of the improvements pertaining to the realty and major movable equipment of each business appraised. The report will include an estimate of the fair market value in place and liquidation value of all appropriate items and will be prepared in conformance with Article 3 of the California Code of Civil Procedure, Sections 1263.205 and 1263.210. (Compensation for losses in connection with movable personal property is included in the California Code of Regulations, Title 25, Sections 6090 and 6092.) Appraisal procedures will be guided by the USPAP. The improvements pertaining to the realty and major movable equipment for businesses that occupy multiple properties shall be clearly delineated by property address. In preparing each comprehensive appraisal, Consultant will: inspect the business’ facility; prepare an inventory of the improvements pertaining to the realty and major movable equipment; coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation; interview the business’ owner/manager regarding the business’ history, operations and tangible assets owned; and utilize generally accepted valuation methodology to determine the fair market value in place and liquidation value of the appropriate items owned by the business.

Furniture, Fixtures and Equipment Appraisals tasks may include:
 Inspect the business facility and perform field work as necessary  Prepare separate inventories for the Fixture and Immovable Equipment and Movable City Council 28 – 295 5/17/2022
City of Santa Ana RFP 21-131
Page A1-10
Personal Property.
 Coordinate appraisal activities with the real estate appraiser and /or Goodwill appraiser to avoid duplication of compensation
 Interview the business owner regarding the history, operation and tangible assets owned.  Prepare report utilizing accepted valuation methodology to estimate the replacement cost, fair market value in place and salvage value of the appropriate items owned by each business operation. Perform Special Studies as required by the City within the scope of Consultant’s expertise.
 Attend meetings and present the reports and findings if necessary.

PAYMENT AND INVOICING:

Selected Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City.

Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed.

CITY RESPONSIBILITIES:

The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
 Facilitate meeting spaces and coordination with City staff  Access to City facilities
CONSULTANT RESPONSIBILITIES:
 Provide all required insurance as outlined in Attachment 2 of this RFP.  Submit renewal of Certificate of Insurance 30 days before expiring.  Ensure Certificate of Insurance is current when submitting invoices.

SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal:
 LAPM Exhibit 10-H: Sample Cost Proposal
 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment  LAPM Exhibit 10-O2: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package)
City Council 28 – 296 5/17/2022
City of Santa Ana RFP 21-131
Page A1-11
 LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only.

Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:

This agreement may be funded with state and/or federal grant funds administered by Caltrans.

Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2 for On-Call Contracts) in the Appendix of this RFP.

DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:

The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-O1 & 10-O2 – Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s DBE goal.

CONSULTANT AUDIT AND REVIEW PROCESS:
(Speciality Area A - Acquisition/Relocation only)
Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans’ Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K – Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub-consultants in the Appendix of this RFP.

To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council 28 – 297 5/17/2022

EXHIBIT B
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EXHIBIT C
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HODGES LACEY & ASSOCIATES, LLC
FEE SCHEDULE 2022
Appraiser Standard Hourly Rate Deposition/Court Hourly Rate Michael Lacey, ASA $150 $350
Richard Hodges, ASA $150 $350
Note: A minimum of 4 hours will be charged for court appearance.

Typical Fixed Fee Ranges per Business Type
$1,800 - $2,500 Small offices, small retails, billboards $750. $2,500 - $4,500 Auto repairs, liquor stores, hair salons, services, retail. $4,000 - $7,000 Gas stations, big restaurants, big retail, light industrial. $7,000 + Manufacturing, food processing, heavy industrial.

City Council 28 – 335 5/17/2022
Public Works Agency
www.santa-ana.org/pw
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 17, 2022
TOPIC: On-Call Chain Link Fencing Services

AGENDA TITLE
Approve Agreements with Quality Fence Co., Inc. and United Site Services of California, Inc. for On-Call Chain Link Fencing Services in an Amount Not to Exceed $300,000 for a Three-Year Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Quality Fence Co., Inc. and United Site Services, Inc. for on-call chain link fencing services, in a shared aggregate amount not to exceed $300,000 for a three-year term beginning May 17, 2022 and expiring May 16, 2025, with an option for two, one-year extensions, subject nonsubstantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City currently owns and is responsible for maintaining a number of vacant lots associated with capital enhancement projects and right-of-way acquisitions. On October 14, 2021, the Public Works Agency released Request for Proposals (RFP) No. 21-123, by which it sought the services of a qualified firm to provide chain link fencing at these vacant sites on an as-needed or “on-call” basis for the City of Santa Ana Public Works Agency. The fencing is needed to secure these sites in locations experiencing frequent trespassing or pending demolition.

The RFP was advertised on the City’s online procurement management and publication system, with proposals due on November 8, 2021. Five proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking
Firm City Rank
Quality Fence Co., Inc. Paramount 1
United Site Services of California, Inc. El Monte 2
Staff recommends awarding agreements to Quality Fence Co. Inc. and United Site Services of California Inc. to provide chain link fencing services throughout the City. Their City Council 29 – 1 5/17/2022
Agreement with Quality Fence Co., Inc. and United Site Services of California, Inc.

May 17, 2022

Page 2 ends

proposals demonstrated the firms have the necessary capacity and expertise to complete the required services. The firms’ rates are reasonable and within industry standard, the teams’ qualifications are appropriate, and the proposals were determined to provide the best value for the City.

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

FISCAL IMPACT
Funds are budgeted and available for expenditure in the current fiscal year and will be budgeted in future fiscal years, including the renewal options, based on the needs of CIP Engineering operations. The following is an estimate of expenditures by fiscal year:

Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (3-Year Term)
2021-22 03217662-66220
(20-6899)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$69,001.90
2021-22 03217662-66220
(21-6899)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$13,594.76
2022-23 03217662-66220
(21-6900)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$22,219.87
2022-23 03217662-66220
(22-6899)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$34,864.16
2022-23 03217662-66220
(22-6899)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$25,000
2023-24 03217662-66220
(22-6900)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$62,915.97
2024-25 03217662-66220
(22-6900)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
$52,403.34
City Council 29 – 2 5/17/2022
Agreement with Quality Fence Co., Inc. and United Site Services of California, Inc.

May 17, 2022

Page 3 ends

Any unused agreement amounts may be utilized by projects not listed above by following the established on-call services process during FY 2021-22 and for the remaining agreement term. CIP Engineering may also utilize operating funds in the Contracts Services – Professional Accounting Unit AU (08617613-62300) and NPDES AU (05717640-62300) as needed under this agreement. Prior to utilizing the on-call services for any future task orders without accounts identified above, City staff must receive Finance and Management Services Agency approval of project activities to be used to ensure funds are available and under the shared $300,000 aggregate total. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued.

EXHIBIT(S)

1. Agreement with Quality Fence Co., Inc.

2. Agreement with United Site Services of California, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Than Building
2024-25 05917668-66220
(18-6901)
Select Street
Construction
Warner Ave-Tustin
Community Facilities
District, Improvements
Other Than Building
$20,000
Total: $300,000
City Council 29 – 3 5/17/2022

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AGREEMENT TO PROVIDE ON-CALL CHAIN LINK FENCING SERVICES

FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between Quality Fence Co. Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On October 14, 2021, the City issued Request for Proposals No. 21-123, by which it sough qualified contractors to provide on-call chain link fence furnishing and installation at various sites citywide on an as needed basis.

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 21-123
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

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

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-123, which is attached as Exhibit A, and as more specifically delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide right of way specialty services on an on-call basis under RFP 21-123. The total compensation for these services provided by all such contractors selected under RFP 21-123 shall not exceed the shared aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not City Council 29 – 4 5/17/2022

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be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2) one-year periods upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 29 – 5 5/17/2022

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

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

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

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

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

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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 City Council 29 – 6 5/17/2022

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volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require 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. Best’srating of no less than A:VII, unless otherwise acceptable to the City.

7. 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’s obligation to provide them.

TheCity reservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.

8. 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.

City Council 29 – 7 5/17/2022

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

8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

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

City Council 29 – 8 5/17/2022

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

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

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

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

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

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, City Council 29 – 9 5/17/2022

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

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

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

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

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

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

City Council 29 – 10 5/17/2022

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

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

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:

William Cavanaugh, President
Quality Fence Co., Inc.
14929 Garfield Avenue
Paramount, CA 90723
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication City Council 29 – 11 5/17/2022

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shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

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

ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney
By:

Brandon Salvatierra William Cavanaugh
Deputy City Attorney President
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
City Council 29 – 12 5/17/2022

EXHIBIT A
City Council 29 – 13 5/17/2022
City of Santa Ana RFP 21-123
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL CHAIN LINK FENCING SERVICES
RFP NO. 21-123

INTRODUCTION
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Chain Link contractor(s) to provide chain link fence installation and rental services for the City of Santa Ana on an on-call/as-needed basis.

Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City’s interests. The total amount to be expended under this contract shall be shared among all contractors providing these services.

The term of these contracts shall be for three years with two one year renewal options upon mutual agreement. All pricing shall remain firm during the initial one-year term.

SCOPE OF SERVICES
The Contractor is required to provide a twenty-four (24) hour response time for all fence requests.

Twenty-four hour response means fencing shall be in place within twenty-four hours from the time a request is made Monday through Friday. Most requests will not require a twenty-four hour response, however the contractor is required to provide this service upon request at no additional charge.

Selection of a contractor to perform each task order shall consider past work completion performance.

All fencing shall include “City Owned Property – Do Not Trespass” signage to allow for enforcement on the site.

PRICING
Pricing for lump sum and time and material charges. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of materials, traffic control, assembly materials and travel for installation and removal.

Orders shall be placed by authorized City personnel only for locations within the City of Santa Ana.

City Council 29 – 14 5/17/2022
City of Santa Ana RFP 21-123
Page A1-2

FEE PROPOSAL
Contractor shall submit a fee proposal as described below in a sealed fee envelope. This fee proposal shall be based on ON-CALL CHAIN LINK FENCING SERVICES.

The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City.

City Council 29 – 15 5/17/2022
City of Santa Ana RFP 21-123
3DJH$1

REQUEST FOR PROPOSALS
FOR

ON-CALL CHAIN LINK FENCING SERVICES
RFP NO. 21-123

FEE PROPOSAL
Category 1
Standard Carson 6ft chain link - sliding/rolling gate, short-term, month-to month, one move-in/moveout

1. 12ft Single EA $

2. 15ft Single EA $

3. 24ft Single EA $

4. Wheels ST $

4. Discount for long term (percentage) (intervals)
Category 2
Misc. and/or add-on items and/or services, short-term, month-to-month.

1. Privacy Panels (6ft height) - indicate standard length EA $

2. Three-strand barbed wire LF $

3. Boring for setting fence posts (if additional charge) EA $

4. Discount for long term (percentage) (intervals)
Category 3
Damaged Material Replacement Fees

1. Chain Link Fencing LF $

2. Top Rail EA $

3. Privacy Screen LF $

4. Line Post (1-5/8”) EA $

5. Gate Post (2-3/8”) EA $

6. Freestanding Panel (circle size) 10ft 12ft EA $

7. Swinging Gate – 4ft Single EA $

8. Swinging Gate – 12-15ft Single EA $

9. Swinging Gate – 24-30ft Double EA $

10. Sliding Gate – 12ft EA $

11. Sliding Gate – 15ft EA $

12. Sliding Gate – 24ft EA $
Category 4
Emergency Fencing Requests
Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing.

City Council 29 – 16 5/17/2022
City of Santa Ana RFP 21-123
3DJH$1

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL CHAIN LINK FENCING SERVICES
RFP NO. 21-123
FEE PROPOSAL (CONT’D.)
TOTALS
Category 1 total $
Category 2 total $
Category 3 total $
Category 4 total $
GRAND TOTAL $
I certify that I have read, understand and agree to the terms and conditions of this RFP.

LEGAL NAME OF COMPANY

BUSINESS ADDRESS

AUTHORIZED SIGNATURE NAME (PRINT)

EMAIL ADDRESS PHONE NUMBER
City Council 29 – 17 5/17/2022

EXHIBIT B
City Council 29 – 18 5/17/2022
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City Council 29 – 33 5/17/2022
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EXHIBIT C
City Council 29 – 35 5/17/2022
City Council 29 – 36 5/17/2022
City Council 29 – 37 5/17/2022

Page 1 of 9 ends

AGREEMENT TO PROVIDE ON-CALL CHAIN LINK FENCING SERVICES

FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 17th day of May, 2022 by and between United Site Services Inc., a Delaware 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 October 14, 2021, the City issued Request for Proposals No. 21-123, by which it sough qualified contractors to provide on-call chain link fence furnishing and installation at various sites citywide on an as needed basis.

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 21-123
C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

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

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-123, which is attached as Exhibit A, and as more specifically delineated in Contractor’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide right of way specialty services on an on-call basis under RFP 21-123. The total compensation for these services provided by all such contractors selected under RFP 21-123 shall not exceed the shared aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000) during the term of the Agreement, including any extension periods.
b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not City Council 29 – 38 5/17/2022

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be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two (2) one-year periods upon a writing executed by the City Manager and City Attorney.

4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

City Council 29 – 39 5/17/2022

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

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

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

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

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

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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 City Council 29 – 40 5/17/2022

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volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

5. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require 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. Best’srating of no less than A:VII, unless otherwise acceptable to the City.

7. 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’s obligation to provide them.

TheCity reservesthe right to require complete, certified copies of allrequired insurance policies,including endorsements required by these specifications, at any time.

8. 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.

City Council 29 – 41 5/17/2022

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

8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

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

City Council 29 – 42 5/17/2022

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

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

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

14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

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

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, City Council 29 – 43 5/17/2022

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

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

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

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

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

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

City Council 29 – 44 5/17/2022

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

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

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:

Jeff Dunlop, Vice President
United Site Services, Inc.
4511 Rowland Avenue
El Monte, CA 91731
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 City Council 29 – 45 5/17/2022

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shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

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

ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney
By:

Brandon Salvatierra Jeff Dunlop
Deputy City Attorney Vice President
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
Sean Michael McDowell
Digitally signed by Sean Michael McDowell
DN: [email protected],
CN=Sean Michael McDowell, OU=CorporateOffice,
OU=USS Users, DC=ussi-corp, DC=com
Date: 2022.05.02 15:26:59-04'00'
City Council 29 – 46 5/17/2022

EXHIBIT A
City Council 29 – 47 5/17/2022
City of Santa Ana RFP 21-123
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL CHAIN LINK FENCING SERVICES
RFP NO. 21-123

INTRODUCTION
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek a qualified Chain Link contractor(s) to provide chain link fence installation and rental services for the City of Santa Ana on an on-call/as-needed basis.

Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City’s interests. The total amount to be expended under this contract shall be shared among all contractors providing these services.

The term of these contracts shall be for three years with two one year renewal options upon mutual agreement. All pricing shall remain firm during the initial one-year term.

SCOPE OF SERVICES
The Contractor is required to provide a twenty-four (24) hour response time for all fence requests.

Twenty-four hour response means fencing shall be in place within twenty-four hours from the time a request is made Monday through Friday. Most requests will not require a twenty-four hour response, however the contractor is required to provide this service upon request at no additional charge.

Selection of a contractor to perform each task order shall consider past work completion performance.

All fencing shall include “City Owned Property – Do Not Trespass” signage to allow for enforcement on the site.

PRICING
Pricing for lump sum and time and material charges. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of materials, traffic control, assembly materials and travel for installation and removal.

Orders shall be placed by authorized City personnel only for locations within the City of Santa Ana.

City Council 29 – 48 5/17/2022
City of Santa Ana RFP 21-123
Page A1-2

FEE PROPOSAL
Contractor shall submit a fee proposal as described below in a sealed fee envelope. This fee proposal shall be based on ON-CALL CHAIN LINK FENCING SERVICES.

The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual task order quote requested by the City.

City Council 29 – 49 5/17/2022
City of Santa Ana RFP 21-123
Page A1-3

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL CHAIN LINK FENCING SERVICES
RFP NO. 21-123

FEE PROPOSAL
Category 1
Standard 6ft chain link: short-term, month-to month, one move-in/move-out

1. Chain Link Fence: includes mesh, line posts, & rails LF $

2. Swinging Gate: 4 ft Single including gate posts EA $

3. Swinging Gate: 12 – 15 ft Single including gate posts EA $

4. Swinging Gate: 24 – 30 ft Double including gate
posts
EA $

5. Wheels SET $

6. Privacy Screen (6ft height) LF $

7. Boring for setting fence posts (if additional charge) EA $

8. Discount for long term (percentage) (intervals)
Category 2
Damaged Material Replacement Fees

1. Chain Link Fence: Mesh only LF $

2. Top Rail EA $

3. Privacy Screen (6ft height) LF $

4. Line Post (1-5/8”) EA $

5. Gate Post (2-3/8”) EA $

6. Swinging Gate: 4 ft Single EA $

7. Swinging Gate: 12 – 15 ft Single EA $

8. Swinging Gate: 24 – 30 ft Double EA $
Category 3
Emergency Fencing Requests
Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing.

City Council 29 – 50 5/17/2022
City of Santa Ana RFP 21-123
Page A1-4

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL CHAIN LINK FENCING SERVICES
RFP NO. 21-123
FEE PROPOSAL (CONT’D.)
TOTALS
Category 1 total $
Category 2 total $
Category 3 total $
GRAND TOTAL $
I certify that I have read, understand and agree to the terms and conditions of this RFP.

LEGAL NAME OF COMPANY

BUSINESS ADDRESS

AUTHORIZED SIGNATURE NAME (PRINT)

EMAIL ADDRESS PHONE NUMBER
City Council 29 – 51 5/17/2022

EXHIBIT B
City Council 29 – 52 5/17/2022
City Council 29 – 53 5/17/2022
City Council 29 – 54 5/17/2022
City Council 29 – 55 5/17/2022
City Council 29 – 56 5/17/2022
City Council 29 – 57 5/17/2022
City Council 29 – 58 5/17/2022
City Council 29 – 59 5/17/2022
City Council 29 – 60 5/17/2022
City Council 29 – 61 5/17/2022
City Council 29 – 62 5/17/2022

EXHIBIT C
City Council 29 – 63 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 1
Category 1
Standard 6ft chain link: short-term, month-to month, one move-in/move-out

1. Chain Link Fence: includes mesh, line posts, & rails LF $

2. Swinging Gate: 4 ft Single including gate posts EA $

3. Swinging Gate: 12 – 15 ft Single including gate posts EA $

4. Swinging Gate: 24 – 30 ft Double including gate
posts
EA $

5. Wheels SET $

6. Privacy Screen (6ft height) LF $

7. Boring for setting fence posts (if additional charge) EA $

8. Discount for long term (percentage) (intervals)
Category 2
Damaged Material Replacement Fees

1. Chain Link Fence: Mesh only LF $

2. Top Rail EA $

3. Privacy Screen (6ft height) LF $

4. Line Post (1-5/8”) EA $

5. Gate Post (2-3/8”) EA $

6. Swinging Gate: 4 ft Single EA $

7. Swinging Gate: 12 – 15 ft Single EA $

8. Swinging Gate: 24 – 30 ft Double EA $
Category 3
Emergency Fencing Requests
Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing.

City Council 29 – 64 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 1 (CONT’D.)
TOTALS
Category 1 total $
Category 2 total $
Category 3 total $
GRAND TOTAL $
I certify that I have read, understand and agree to the terms and conditions of this RFP.

LEGAL NAME OF COMPANY

BUSINESS ADDRESS

AUTHORIZED SIGNATURE NAME (PRINT)

EMAIL ADDRESS PHONE NUMBER
City Council 29 – 65 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 2
Category 1
Standard 6ft chain link: short-term, month-to month, one move-in/move-out

1. Chain Link Fence: includes mesh, line posts, & rails LF $

2. Swinging Gate: 4 ft Single including gate posts EA $

3. Swinging Gate: 12 – 15 ft Single including gate posts EA $

4. Swinging Gate: 24 – 30 ft Double including gate
posts
EA $

5. Wheels SET $

6. Privacy Screen (6ft height) LF $

7. Boring for setting fence posts (if additional charge) EA $

8. Discount for long term (percentage) (intervals)
Category 2
Damaged Material Replacement Fees

1. Chain Link Fence: Mesh only LF $

2. Top Rail EA $

3. Privacy Screen (6ft height) LF $

4. Line Post (1-5/8”) EA $

5. Gate Post (2-3/8”) EA $

6. Swinging Gate: 4 ft Single EA $

7. Swinging Gate: 12 – 15 ft Single EA $

8. Swinging Gate: 24 – 30 ft Double EA $
Category 3
Emergency Fencing Requests
Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing.

City Council 29 – 66 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 2 (CONT’D.)
TOTALS
Category 1 total $
Category 2 total $
Category 3 total $
GRAND TOTAL $
I certify that I have read, understand and agree to the terms and conditions of this RFP.

LEGAL NAME OF COMPANY

BUSINESS ADDRESS

AUTHORIZED SIGNATURE NAME (PRINT)

EMAIL ADDRESS PHONE NUMBER
City Council 29 – 67 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 3
Category 1
Standard 6ft chain link: short-term, month-to month, one move-in/move-out

1. Chain Link Fence: includes mesh, line posts, & rails LF $

2. Swinging Gate: 4 ft Single including gate posts EA $

3. Swinging Gate: 12 – 15 ft Single including gate posts EA $

4. Swinging Gate: 24 – 30 ft Double including gate
posts
EA $

5. Wheels SET $

6. Privacy Screen (6ft height) LF $

7. Boring for setting fence posts (if additional charge) EA $

8. Discount for long term (percentage) (intervals)
Category 2
Damaged Material Replacement Fees

1. Chain Link Fence: Mesh only LF $

2. Top Rail EA $

3. Privacy Screen (6ft height) LF $

4. Line Post (1-5/8”) EA $

5. Gate Post (2-3/8”) EA $

6. Swinging Gate: 4 ft Single EA $

7. Swinging Gate: 12 – 15 ft Single EA $

8. Swinging Gate: 24 – 30 ft Double EA $
Category 3
Emergency Fencing Requests
Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing.

City Council 29 – 68 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 3 (CONT’D.)
TOTALS
Category 1 total $
Category 2 total $
Category 3 total $
GRAND TOTAL $
I certify that I have read, understand and agree to the terms and conditions of this RFP.

LEGAL NAME OF COMPANY

BUSINESS ADDRESS

AUTHORIZED SIGNATURE NAME (PRINT)

EMAIL ADDRESS PHONE NUMBER
City Council 29 – 69 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 4 (Extension Option)
Category 1
Standard 6ft chain link: short-term, month-to month, one move-in/move-out

1. Chain Link Fence: includes mesh, line posts, & rails LF $

2. Swinging Gate: 4 ft Single including gate posts EA $

3. Swinging Gate: 12 – 15 ft Single including gate posts EA $

4. Swinging Gate: 24 – 30 ft Double including gate
posts
EA $

5. Wheels SET $

6. Privacy Screen (6ft height) LF $

7. Boring for setting fence posts (if additional charge) EA $

8. Discount for long term (percentage) (intervals)
Category 2
Damaged Material Replacement Fees

1. Chain Link Fence: Mesh only LF $

2. Top Rail EA $

3. Privacy Screen (6ft height) LF $

4. Line Post (1-5/8”) EA $

5. Gate Post (2-3/8”) EA $

6. Swinging Gate: 4 ft Single EA $

7. Swinging Gate: 12 – 15 ft Single EA $

8. Swinging Gate: 24 – 30 ft Double EA $
Category 3
Emergency Fencing Requests
Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing.

City Council 29 – 70 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 4 (Extension Option) (CONT’D.)
TOTALS
Category 1 total $
Category 2 total $
Category 3 total $
GRAND TOTAL $
I certify that I have read, understand and agree to the terms and conditions of this RFP.

LEGAL NAME OF COMPANY

BUSINESS ADDRESS

AUTHORIZED SIGNATURE NAME (PRINT)

EMAIL ADDRESS PHONE NUMBER
City Council 29 – 71 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 5 (Extension Option)
Category 1
Standard 6ft chain link: short-term, month-to month, one move-in/move-out

1. Chain Link Fence: includes mesh, line posts, & rails LF $

2. Swinging Gate: 4 ft Single including gate posts EA $

3. Swinging Gate: 12 – 15 ft Single including gate posts EA $

4. Swinging Gate: 24 – 30 ft Double including gate
posts
EA $

5. Wheels SET $

6. Privacy Screen (6ft height) LF $

7. Boring for setting fence posts (if additional charge) EA $

8. Discount for long term (percentage) (intervals)
Category 2
Damaged Material Replacement Fees

1. Chain Link Fence: Mesh only LF $

2. Top Rail EA $

3. Privacy Screen (6ft height) LF $

4. Line Post (1-5/8”) EA $

5. Gate Post (2-3/8”) EA $

6. Swinging Gate: 4 ft Single EA $

7. Swinging Gate: 12 – 15 ft Single EA $

8. Swinging Gate: 24 – 30 ft Double EA $
Category 3
Emergency Fencing Requests
Request for service with less than 24hrs notice, Monday through Friday $ Request for service with less than 24hrs notice, weekend $ Can you provide 24 hr. response time at no additional charge? Yes No All unit pricing shall include installation and removal of fencing.

City Council 29 – 72 5/17/2022
City of Santa Ana RFP 21-123
RFP NO. 21-123 ON-CALL CHAIN LINK FENCING SERVICES
FEE PROPOSAL – YEAR 5 (Extension Option) (CONT’D.)
TOTALS
Category 1 total $
Category 2 total $
Category 3 total $
GRAND TOTAL $
I certify that I have read, understand and agree to the terms and conditions of this RFP.

LEGAL NAME OF COMPANY

BUSINESS ADDRESS

AUTHORIZED SIGNATURE NAME (PRINT)

EMAIL ADDRESS PHONE NUMBER
City Council 29 – 73 5/17/2022
Public Works Agency
www.santa-ana.org/pw
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 17, 2022
TOPIC: Agreements for Water Interconnection Study

AGENDA TITLE
Approve an Appropriation Adjustment, Interagency Agreement with the Orange County Water District and Moulton Niguel Water District to Evaluate a Potential Emergency Interconnection, and Approve an Agreement with Stantec Consulting Services, Inc. in an Amount Not to Exceed $200,000 for a Three-year Term to Conduct a Preliminary Design Study and Environmental Analysis for an Emergency Water Distribution Interconnection (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an agreement with Orange County Water District and Moulton Niguel Water District for a three-year term beginning on May 17, 2022 and ending on May 16, 2025 to conduct a preliminary design study and environmental analysis for an emergency water distribution interconnection, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Approve an appropriation adjustment to recognize $200,000 in reimbursement obligation funds from MNWD into the Water, Public Works Water Revenue, Expense Reimbursement revenue account and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account. (Requires five affirmative votes)

3. Authorize the City Manager to execute an agreement with Stantec Consulting Services, Inc., for a three-year term beginning on May 17, 2022, and ending on May 16, 2025, to evaluate a water interconnection with Moulton Niguel Water District, in an amount not to exceed $200,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City’s Water Resources Division oversees and maintains the daily operations of the City’s water distribution system, which serves more than 45,000 customer connections.

The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, City Council 30 – 1 5/17/2022
Agreements for Water Interconnection Study
May 17, 2022

Page 2 ends

four pressure regulating stations, and seven connection points to Metropolitan Water District of Southern California (MET) water supplies.

The City pumps approximately 75 percent of its potable water from the Orange County Groundwater Basin, which is managed by Orange County Water District (OCWD). While the remainder of the City’s potable water needs come from imported water sources via the seven MET connections located within the City.

It is important to note that as a result of the City’s investment in water supply capacity, the City’s 2017 Water Master Plan identified that the City’s water system has adequate capacity to supply the City’s maximum daily demands for existing, near-term, and buildout scenarios using only groundwater wells.

Moulton Niguel Water District (MNWD), which serves more than 170,000 customers in Laguna Niguel, Aliso Viejo, Mission Viejo, Laguna Hills, Dana Point, and San Juan Capistrano, relies solely on imported MET water to meet its customers’ potable water needs. MNWD is not able to draw from the Orange County Groundwater Basin, as the City of Santa Ana does, because the groundwater basin is only accessible to agencies in northern Orange County, which fall within its boundaries. Due to MNWD’s sole reliance on imported water, the district is more vulnerable to natural disasters or infrastructure failure that cause outages in the MET system.

As a result, OCWD and MNWD approached the City to conduct a preliminary design study and environmental analysis (Exhibit 1) to identify the needed environmental mitigations and the necessary infrastructure modifications to Santa Ana’s water facilities and distribution system to enable Santa Ana to convey water from the Orange County Groundwater Basin to the water transmission pipeline that supplies south Orange County water agencies. This information will be used by OCWD and MNWD to develop estimated construction costs and scope of work for a potential program to convey groundwater to MNWD in the event an emergency renders the MET’s water delivery infrastructure incapable of making deliveries. Stantec Consulting Services, Inc. has been selected to assist in the development and review of the preliminary design study (Exhibit 2) due to their familiarity with the City of Santa Ana’s water system. MNWD will fund all work conducted as a result of this agreement on a reimbursement basis.

The final design and construction of any facilities recommended as a result of the study and environmental analysis will first require approval by the governing boards of all parties and the development of a subsequent agreement for the construction, operation, and funding of the proposed interconnection. The City, MNWD and OCWD reserve the right not to enter into any subsequent agreement after the completion of the study and analysis.

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

City Council 30 – 2 5/17/2022
Agreements for Water Interconnection Study
May 17, 2022

Page 3 ends

FISCAL IMPACT
As part of the agreement, MNWD agrees to provide all funding required to perform the scope of work and related RFPs identified as part of the agreement, including reasonable City staff time, consultant fees, and legal counsel review of the scope of work deliverables and related RFPs. MNWD will pay the City, on a reimbursement basis, the actual and necessary costs to complete the proposed preliminary design study conducted under the agreement with Stantec. Approval of the requested Appropriation Adjustment will recognize $200,000 in reimbursement obligation funds from MNWD, as outlined in the Interagency Agreement, into the Water, Public Works Water Revenue, Expense Reimbursement revenue account (06017002-57000) and appropriate the same amount into the Water, Water Admin/Engineering, Contract Services – Professional expenditure account (06017645-62300). Project number 22-6475 has been issued to track expenditures for reimbursement purposes.

Funds are budgeted and available as shown in the table below.

Fiscal Year Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
Contract (3-Year Term)
2021-22
(May-June)
06017645-62300
(22-6475) Water
Water
Admin/Engineering,
Contract Services -
Professional
$25,000
2022-23
(July-June)
06017645-62300
(22-6475) Water
Water
Admin/Engineering,
Contract Services -
Professional
$130,000
2023-24
(July-June)
06017645-62300
(22-6475) Water
Water
Admin/Engineering,
Contract Services -
Professional
$35,000
2024-25
(July-May)
06017645-62300
(22-6475) Water
Water
Admin/Engineering,
Contract Services -
Professional
$10,000
TOTAL $200,000

EXHIBIT(S)
City Council 30 – 3 5/17/2022
Agreements for Water Interconnection Study
May 17, 2022

Page 4 ends

1. Interagency Agreement with Orange County Water District and Moulton Niguel Water District

2. Agreement with Stantec Consulting Services, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 30 – 4 5/17/2022

Page 1 of 7 ends

5169249.1 -- N1716.0

INTERAGENCY AGREEMENT
This Interagency Agreement (“Agreement”), is entered into between the City of Santa Ana (“CITY”), Orange County Water District (“OCWD”) and Moulton Niguel Water District (“MNWD”), collectively herein referred to as the PARTIES.

I. PURPOSE
The purpose of this Agreement is to work collaboratively to further evaluate a potential emergency interconnection (“INTERCONNECTION”) between the CITY water distribution system and the East Orange County Feeder #2 (“EOCF#2”). The proposed INTERCONNECTION would:
a. Be located at the CITY East Station site on E. Santa Fe St., as identified in the Evaluation of Groundwater Conveyance Options, Final Draft Preliminary Report (City of Santa Ana Only), prepared by Tetra Tech, dated September 2020 (exhibit 1) and; b. Only be utilized when the EOCF#2 was not conveying treated water from the Metropolitan Water District of Southern California (“MWD”) Diemer Filtration Plant due to a qualifying emergency outage;
The goal of this Agreement is to evaluate the feasibility for the INTERCONNECTION by completing a preliminary design study and environmental analysis that would identify the necessary infrastructure and any necessary environmental mitigations, and refine the potential estimated construction cost for a new emergency INTERCONNECTION.

Further, this Agreement authorizes the analysis of work necessary to address the institutional arrangements required to potentially deliver water from the Orange County groundwater basin into the EOCF#2 under qualifying emergency conditions. If warranted, a subsequent agreement would be developed to define the terms and conditions for constructing and operating the potential INTERCONNECTION during qualifying emergencies. To that end, this Agreement serves to establish a common understanding of the guiding principles for the terms and conditions of any future agreement.

II. GUIDING PRINCIPLES
The following guiding principles will be adhered to by all PARTIES as fundamental to this Agreement and will be adhered to in completing any work to develop the INTERCONNECTION and will be foundational to the terms and conditions of any future service agreement:
a. The INTERCONNECTION would be used during qualifying emergency conditions when the EOCF#2 is not delivering water from the Diemer Filtration Plant. A qualifying emergency condition for the purposes of this Agreement is defined as significant interruption of MWD’s ability to provide water to MNWD due to failure of infrastructure as identified in the Evaluation of Groundwater Conveyance Options, Final Draft Preliminary Report (City of Santa Ana Only), prepared by Tetra Tech, dated September 2020 (exhibit 1). A drought emergency declared by the Governor of City Council 30 – 5 5/17/2022

Page 2 of 7 ends

5169249.1 -- N1716.0
the State of California is not considered to be a qualifying emergency for the purposes of this Agreement;
b. All new facilities related to the INTERCONNECTION will be designed and constructed to meet the system specifications and operational requirements of the CITY and OCWD during normal and emergency operating conditions. c. At no time will the delivery of water to MNWD through the INTERCONNECTION cause or exacerbate a shortage of water for meeting the needs of the CITY’s retail customers, as solely determined by the CITY.
d. CITY staff will be responsible for all facility operations of infrastructure constructed as a part of this Agreement.
e. Regardless of which PARTY funds the development and construction of the infrastructure associated with the INTERCONNECTION, the CITY will retain ownership of all assets within the CITY’s limits.
f. The CITY’s rate payers and OCWD will not bear any costs of delivering emergency water to MNWD.
i. If the delivery of water to MNWD through the INTERCONNECTION results in the CITY exceeding (or further exceeding) OCWD’s basin pumping percentage, MNWD will reimburse the CITY for its proportional share of any Basin Equity Assessment charges assessed to the CITY.
ii. MWD assesses the City a capacity charge based on their peak usage over a three-year average. If the CITY’s capacity charge is increased due to MNWD’s emergency usage, MNWD will reimburse the CITY for the marginal difference in the annual capacity fee amount that is attributable to the conveyance of water to MNWD.
iii. MNWD will reimburse the CITY for all expenses incurred by the CITY that result from the operations and maintenance of the INTERCONNECTION, including but not limited to any administrative costs, penalties, fees or fines. g. OCWD’s ability to store water and operate the groundwater basin must not be harmed by the CITY’s providing of water to MNWD via the INTERCONNECTION and such storage will otherwise be fully compliant with all applicable requirements of the Orange County Water District Act.
h. MNWD understands that the development of the INTERCONNECTION does not constitute a commitment by OCWD or the CITY to allow MNWD to store water within the Orange County groundwater basin.
i. The ability of MNWD to utilize the EOCF#2 will require additional agreement by the parties responsible for the operation and maintenance of the EOCF#2. The Scope of City Council 30 – 6 5/17/2022

Page 3 of 7 ends

5169249.1 -- N1716.0
Work in Section III of this Agreement describes the analysis that will be performed to determine the feasibility and possible terms and conditions of future agreements.

III. SCOPE OF WORK
The scope of work to be performed by the PARTIES as a part of the Agreement shall include:
a. MNWD will prepare a preliminary design analysis of the necessary infrastructure required to provide an emergency interconnection at the CITY East Station facility as identified in the Tetra Tech Conveyance Study (exhibit 1). The preliminary design will identify and size the infrastructure to deliver up to 14 cubic feet per second (“cfs”) during qualifying emergency conditions and the potential water quality implications associated with reversing flows within the CITY’s system and will perform a systemwide hydraulic model analysis. The infrastructure shall include, but is not limited to, production wells, treatment facilities, pump stations, pressure regulating facilities, connection to the EOCF#2, and any additional facilities required to maintain service to the CITY’s existing customers when the INTERCONNECTION is operational. The preliminary design will also review the operating conditions and recommended operating protocols for utilizing the infrastructure under normal operating conditions and emergency conditions.
b. MNWD will perform an environmental review of the proposed facilities based on the preliminary design analysis. The proposed environmental review will include the development of an initial study and/or Environmental Impact Report, as well as any other appropriate CEQA documents, including a mitigation monitoring and reporting program if necessary. Further, the environmental review and CEQA process will identify any necessary permits required to implement the proposed INTERCONNECTION.
c. MNWD will develop two Request for Proposals (“RFPs”) for the work described in paragraphs III.a and III.b above. The PARTIES will review the proposals and develop a joint recommendation, should they agree, for consideration of award of professional service contracts. If collectively agreed to by the PARTIES, the work described in paragraphs III.a and III.b above may be combined into a single RFP and professional service contract.
d. The PARTIES will work with the Municipal Water District of Orange County (“MWDOC”) and the other agencies responsible for the operation and maintenance of the EOCF#2 to identify the operational challenges to MNWD utilizing the EOCF#2 under emergency conditions and work to develop mitigations or solutions to address those operational challenges identified as part of the preliminary design. e. MNWD agrees to provide all funding required to perform the scope of work and related RFPs identified as a part of this Agreement, including reasonable CITY staff time, consultant fees, and legal counsel review of the scope of work deliverables and related RFPs.

City Council 30 – 7 5/17/2022

Page 4 of 7 ends

5169249.1 -- N1716.0
IV. DELIVERABLES & SCHEDULE
a. The deliverables anticipated as a result of this Agreement include:
i. Preliminary design report to be reviewed and approved jointly by all PARTIES. ii. Preliminary and final CEQA documents prepared by MNWD and approved by the CITY as the lead agency for CEQA review for the proposed INTERCONNECTION.
b. This Agreement shall commence on the date first written above and terminate in three (3) years, unless terminated earlier as stated in Section VI, b. below.

V. AGREEMENT RESPONSIBILITIES
a. MNWD will be responsible for administering the contracts associated with the scope of work in the Agreement.
b. The PARTIES will work collaboratively to carry out the scope of work for this Agreement.
c. The PARTIES will meet to review progress and any draft work product that may be available.
d. The PARTIESwill meet and work with other interested stakeholders, including but not limited to other Orange County groundwater producers, to share information and seek input on the development of the INTERCONNECTION.

VI. OTHER
a. The PARTIES understand the scope of work identified in this Agreement is the extent of the review and development of the proposed INTERCONNECTION. The final design and construction of any facilities recommended as a result of the scope of work will first require approval by the governing boards of all PARTIES and development of a subsequent agreement for the construction, operation, and funding of the proposed INTERCONNECTION that is demonstrated to be fully consistent with the requirements of the Orange County Water District Act, and all other applicable laws and regulations. The CITY, MNWD and OCWD reserves the right not to enter into any subsequent agreement after performance of the scope of work in this Agreement. b. This Agreement may be terminated by either PARTY with ninety (90) days written notice to all the parties hereof with an explanation as to why the Agreement is being terminated, the other Parties hereto shall contact the terminating Party and use commercially reasonable efforts to resolve the reason(s) raised by the terminating Party for terminating this Agreement. If the Parties, after good faith commercially reasonable efforts, are not successful in resolving their differences or concerns, then the City Council 30 – 8 5/17/2022
By:__________________________________
Michael Markus, General Manager
for Orange County Water District
City Council 30 – 9 5/17/2022

Page 6 of 7 ends

5169249.1 -- N1716.0
By: Date:

John M. Funk
Senior Assistant City Attorney

RECOMMENDED FOR APPROVAL
By: Date:

Nabil Saba, P.E.

Executive Director
Public Works Agency
4-18-22
City Council 30 – 10 5/17/2022

Page 7 of 7 ends

5169249.1 -- N1716.0
Exhibit 1
City Council 30 – 11 5/17/2022
Orange County Water District
Moulton Niguel Water District

EVAULATION OF GROUNDWATER CONVEYANCE OPTIONS

FINAL DRAFT PRELIMINARY REPORT
(CONNECTIONS TO THE EAST ORANGE COUNTY FEEDER #2)

PREPARED FOR PREPARED BY
Orange County Water District Tetra Tech
18700 Ward St
Fountain Valley, CA 92708
17885 Von Karman, Suite 500
Irvine, CA 92614
Phone: (949) 809-5000
Fax: (949) 809-5010
tetratech.com
September 2020
City Council 30 – 12 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 1

EVAULATION OF GROUNDWATER CONVEYANCE OPTIONS

1. INTRODUCTION

1.1 History/Purpose of Evaluation
Retail water agencies in southern Orange County rely primarily on imported water supply from Metropolitan Water District (MWD) and surface storage to meet daily operational demands and fire storage. With heavy reliance on the imported water sources, the South Orange County (SOC) water agencies have a much higher vulnerability during outages of MWD imported water facilities as opposed to water agencies in northern Orange County which have the capability of drawing groundwater from the Orange County Water District’s (OCWD) Groundwater Basin. In 2006, OCWD entered into an agreement (Emergency Services Program) with South County Agencies to allow up to 50 cfs of groundwater to move from the basin to South Orange County for up to 30 days in the event of an outage of MWD’s imported water infrastructure.

OCWD and Moulton Niguel Water District (MNWD) have requested a study be performed that will provide a review, summary and analysis of conveyance options from the Orange County Groundwater Basin to regional water transmission mains serving South Orange County water agencies. In general, the goal of the study is to evaluate the potential infrastructure and property acquisition required to convey water (in the range of 30 cfs to 50 cfs) from the Orange County Groundwater Basin to Moulton Niguel Water District’s distribution system via the regional imported water pipelines. This information will be used by OCWD and MNWD to assist in the potential development of a pilot program to convey groundwater to MNWD during emergencies.

1.2 Study Description
MNWD currently shares an emergency interconnection through Irvine Ranch Water District which can move up to 30 cfs of water to serve South Orange County. MNWD owns 55 percent of the capacity of the interconnection.

Due to growth in Irvine Ranch Water District, expiration of the capacity rights in the interconnection facilities, and uncertainty in the ability to convey water into the future, MNWD is interested in alternative conveyance options to move water from the groundwater basin to MNWD during an emergency. MNWD currently receives imported water from the East Orange County Feeder #2, Allen-McCulloch Pipeline and/ or the South County Pipeline.

The study will evaluate potential costs of land acquisition, building new transmission mains and/or pumping plants, utilization of existing available groundwater well capacity or construction of new wells, and connection of transmission mains to the East Orange County Feeder #2. The following is a brief summary of the items that will be addressed in the study:
x Meet with cities of Santa Ana, Orange and Tustin to discuss the agencies existing conveyance facilities, well production facilities, and desired capacity and conveyance goals. The intent of this scope item is to determine the available capacity, if any, the agencies may have to participate in providing emergency water.
x Using data obtained from OCWD and the water agencies, identify alternative locations for developing the desired pumping capacity utilizing either available well capacity or developing new well capacity. Focus will be on areas adjacent to the East Orange County Feeder No. 2 within the cities of Santa Ana, Orange and Tustin.
x Evaluate the existing and new infrastructure necessary to convey the stored water from the identified pumping or well locations to East Orange County Feeder #2. Prepare typical connection facilities including meters, pressure and flow control and valving.

City Council 30 – 13 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 2
x If property acquisition is recommended, identify the needed property, and include a ball park cost of the property.
x For the recommended alternatives, prepare conceptual site layouts of the facilities, including meter and valving, conceptual alignment of any conveyance infrastructure, and estimate the probable construction costs for the facility, the conveyance piping and any land acquisition needed. x A technical paper summarizing the evaluation and findings will be prepared. Within the appendix will be the preliminary locations identified, all of the backup calculations and supporting documentation. x Presentations will be made to each of the OCWD and MNWD respective boards. x Review similar work the Municipal Water District of Orange County is performing regarding pumping groundwater into the East Orange County Feeder No. 2.
x Coordinate the work with the possible transmission of Poseidon Resources Ocean Desalination water to South Orange County via the East Orange County Feeder No. 2.

Future work will need to be completed to evaluate the hydraulic constraints of regional infrastructure as well as possible water quality impacts. The above study does not contemplate those work products.

1.3 Metropolitan Water District’s Policy Regarding Deliveries in an Emergency Administrative Code amendments have been approved by Metropolitan Water District to enable deliveries of member agency water supplies in Metropolitan’s system in an emergency. These deliveries are intended to provide Metropolitan’s member agencies the ability to deliver member agency water through Metropolitan’s system under specific emergency conditions. Emergency deliveries can only be made if Metropolitan is unable to make deliveries to a member agency due to physical damage to Metropolitan’s system resulting from a natural disaster or other emergency, and there are no alternate means for Metropolitan or the member agency to provide service to an area without the use of a portion of Metropolitan’s system.

1.4 Joint Ownership of East Orange County Feeder No. 2
East Orange County Feeder No. 2 ownership is: MWDOC 58.5%; MWD 31.7%; Anaheim 3.3%; and Santa Ana 6.5%.

MWDOC’s share is split among thirteen (13) agencies. Any use of the East Orange County Feeder No. 2 to convey emergency water would need to be approved by downstream agencies.

City Council 30 – 14 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 3

2. POTENTIAL AVAILABLE GROUNDWATER SUPPLY

2.1 Water Supply Summary
Tetra Tech met with the cities of Santa Ana, Orange and Tustin to discuss the agencies existing conveyance and well production facilities, and their desired capacity and conveyance goals. The intent of the meetings was to identify how much groundwater pumping capacity may be available from all of the cities facilities and what modifications could be implemented to increase groundwater pumping so that that excess groundwater could be conveyed in an emergency. For this report, during an emergency when the excess groundwater will be conveyed to South Orange County, no import water was assumed to be available from MWD via the East Orange County Feeder No. 2.

Tetra Tech obtained import and well production data as well as copies of the latest Urban Water Management Plan and Water Master Plan for each agency. Three-year historical data (July 2016 through June 2019) of the monthly quantities of ground water pumped and import water were tabulated. Included within Appendix A are Tables A-1 through A-3 which summarize the average historical groundwater and import water supply and demand for each agency per month. It should be noted that the yearly demand within each of the agencies systems will fluctuate based on seasonal demand requirements.

In addition, Tetra Tech worked with each of the agencies to summarize the current well operations, the available production wells, the rated maximum capacity of each well, and any proposed well improvements planned in the next few years. A concern noted by all three cities is the Perfluoralkyl Substances (PFAS) contamination of the groundwater basin and how this will dramatically influence future groundwater pumping operations.

In discussions with the operators for each agency, it is assumed the pumps will typically be utilized less in the winter months (November through April) to allow for maintenance activities on the wells. Within the Appendix and the appropriate Table “A” for each of the agencies, Tetra Tech has tabulated the following existing well information: well name; estimated average well capacity; theoretical maximum daily production; typical winter daily production; and typical summer daily production. Included within the table, will be any wells that have been identified or expected to have potential issues that will impact production/operation in the future.

For this study, Tetra Tech has assumed that OCWD will be responsible for all capital costs and 50% of operation and maintenance cost up to $75/AF for PFAS treatment required at any of the existing or future wells and that this work will be completed in the next two to four years.

2.2 City of Santa Ana
The City of Santa Ana Water System has a total of 21 groundwater wells and seven (7) import water connections.

Fourteen (14) of the City wells pump into surface reservoirs with booster pump stations pumping the water into the City’s distribution system. The remaining seven (7) wells pump directly into the City’s distribution system. The City is concerned that potentially nine (9) wells may be impacted in the near term by PFAS and will need PFAS treatment facilities. Five (5) of the import water connections are connected to MET’s Orange County Feeder (SA1, SA-2, SA-3, SA-4 and SA-5). Two (2) of the import water connections are connected to the East Orange County Feeder No. 2 (SA-6 and SA-7).

Table A-1 (within Appendix A), summarizes the eighteen (18) wells that had operated during the three-year historical period. During the three-year historical period, the City has pumped on an average 71% of its water demand from the groundwater basin. Well 29 and Well 32 are currently under design for major rehabilitation. As stated in the City’s Water Master Plan and approved CIP, the City is planning to drill and equip a new well at Washington Street and a new well to replace the abandoned Well 22 at the Cambridge Facility.

City Council 30 – 15 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 4
For the purpose of this study, we have assumed that the operable wells will have a typical production rate of 60% during the winter months (November through April) and 80% during the summer months (May through October).

The following Table 2.1 summarizes the City of Santa Ana demands and potential available excess groundwater.

Table 2.1 City of Santa Summary of Demands and Potential Available Excess Groundwater Winter Months
(Average)
Summer Months
(Average) Total Annual
Demands (3-year Historical Average)
City System Demands 822 MG 1,016 MG 11,020 MG
Import Water 165 MG 371 MG 3,210 MG
Groundwater Production 657 MG 645 MG 7,810 MG
Basin Production Percentage 80% 63% 71%
Typical Wells Operating (Potential Wells Available for Excess Groundwater) Historical Operation 9 wells operating
(9 wells available)
7 wells operating
(11 wells available)
8 wells operating
(10 wells available)
Assuming No Import Water 11 wells operating
(7 wells available)
11 wells operating
(7 wells available)
11 wells operating
(7 wells available)
Note: Above table does not include the future wells (Washington and Well 22 Replacement) To support the above findings, the 2017 Water Master Plan for the City identified that the City’s water system has adequate capacity and distribution capabilities to supply the entire City’s water system demands for existing, nearterm and buildout maximum day demand scenarios using only groundwater wells (with the assumption that the largest well in both the Low and High Zone are out of service).

In summary the City of Santa has potential well capacity that could be available to convey groundwater per the Emergency Services Program. The quantity of water will depend on the City’s distribution system and corresponding facilities at the specific location of the proposed source connection. The potential available groundwater water will be summarized in Section 4.

2.3 City of Orange
The City of Orange Water System has a total of twelve (12) groundwater wells and eight (8) import water connections. Ten (10) of the City wells pump into the City’s 370 Zone and the remaining two (2) pump into the 490 Zone. Five (5) of the wells are currently not in service due to PFAS. The City is also concerned that four (4) additional wells will be impacted in the near term by PFAS and will need PFAS treatment facilities as well.

The following is a summary of the import water connections: OC-3 connected to MET’s Orange County Feeder; OC-40 and OC-42 connected to East Orange County Feeder No. 2; OC-67 and OC-69 connected to Allen-McColloch Pipeline; one EOCWD Connection, source is the Allen-McColloch Pipeline; and two connections with Serrano Water District (SWD-1 and SWD-2).

Table A-2 (within Appendix A), summarizes the eleven (11) wells that had operated during the three-year historical period. During the three-year historical period, the City has pumped on an average 77% of its water demand from the groundwater basin. City is currently under design for two new wells, Well No. 28 and Well No. 29, which will replace Well No. 8.

City Council 30 – 16 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 5
For the purpose of this study, we have assumed that the operable wells will have a typical production rate of 70% during the winter months (November through April) and 90% during the summer months (May through October).

The following Table 2.2 summarizes the City of Orange demands and potential available excess groundwater.

Table 2.2 City of Orange Summary of Demands and Potential Available Excess Groundwater Winter Months
(Average)
Summer Months
(Average) Total Annual
Demands (3-year Historical Average)
City System Demands 678 MG 905 MG 9,496 MG
Import Water 130 MG 232 MG 2,175 MG
Groundwater Production 548 MG 673 MG 7,321 MG
Basin Production Percentage 81% 74% 77%
Typical Wells Operating (Potential Wells Available for Excess Groundwater) Historical Operation 8 wells operating
(3 wells available)
7 wells operating
(4 wells available)
8 wells operating
(3 wells available)
Assuming No Import Water 10 wells operating
(1 well available)
10 wells operating
(1 well available)
10 wells operating
(1 well available)
Note: Above table does not include the future wells (Well No. 28 and Well No. 29) In summary, the City of Orange may have one well or at most two wells capacity (if all of their wells are operable and in service and import water is available at their OC-67 and OC-69 MWD connections) that could be available to convey groundwater per the Emergency Services Program. The quantity of water will depend on the City’s distribution system and corresponding facilities at the specific location of the proposed source connection. The potential available groundwater water will be summarized in Section 4.

2.4 City of Tustin
The City of Tustin owns 11 groundwater wells but only have a total of eight (8) groundwater wells that are currently active and three (3) import water connections from East Orange County Water District (EOCWD). Two (2) of the City’s wells currently are not active since their treatment system (RO) is not operable. The City is concerned that five (5) additional wells may be impacted in the near term by PFAS and will either need PFAS treatment facilities or blending facilities before they could be brought back online. If these five (5) wells are shut down, the City will lose approximately 50 percent of its total groundwater well capacity.

The City of Tustin purchases it’s imported water from the EOCWD. OC-43 and OC-48 are connected to the East Orange County Feeder No. 2. OC-60 is connected to the Allen-McColloch Pipeline.

Table A-3 (within Appendix A), summarizes the eight (8) wells that had operated during the three-year historical period. During the three-year historical period, the City has pumped on an average 77% of its water demand from the groundwater basin.

The City is currently planning (in two to three years) a new well to replace the existing Beneta Well.

For the purpose of this study, we have assumed that the operable wells will have a typical production rate of 70% during the winter months (November through April) and 90% during the summer months (May through October).

City Council 30 – 17 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 6
The following Table 2.3 summarizes the City of Tustin demands and potential available excess groundwater.

Table 2.3 City of Tustin Summary of Demands and Potential Available Excess Groundwater Winter Months
(Average)
Summer Months
(Average) Total Annual
Demands (3-year Historical Average)
City System Demands 228 MG 320 MG 3,286 MG
Import Water 44 MG 81 MG 753 MG
Groundwater Production 184 MG 239 MG 2,533 MG
Basin Production Percentage 81% 75% 77%
Typical Wells Operating (Potential Wells Available for Excess Groundwater) Historical Operation 6 wells operating
(2 wells available)
6 wells operating
(2 wells available)
6 wells operating
(2 wells available)
Assuming No Import Water 7 wells operating
(1 well available)
8 wells operating
(0 wells available)
7 wells operating
(1 well available)
Note: Above table does not include the future well replacement for the Beneta Well In summary, the City of Tustin does not have excess groundwater that could be available to be conveyed per the Emergency Services Program unless all of their wells are operable and in service and import water is available from East Orange County Water District import connection OC-60. It is possible once a new well is constructed and the RO treatment system for the two wells is placed back into operation that the City may be able to provide up to 3 to 5 cfs excess groundwater during the winter months as is summarized in Section 4.

3. FACILITY SYSTEM CONSTRAINTS

3.1 Hydraulic Grade Requirements
Based on the Preliminary Design Report for the Interconnection of the IRWD Water System to the South Orange County Water Transmission System prepared for Municipal Water District of Orange County, dated July 2006, a minimum hydraulic grade line (HGL) of 455 feet is required to meet the South Orange County water agencies system requirements. However, the Joint Regional Transmission Main (JTM) also has a high point at a surge tower within the Laguna Woods community. Based on an assumption of up to 50 cfs of water conveyed to the South Orange County water agencies, the HGL required at the connection to the JTM is 490 to 500 feet. This HGL will meet the requirements of delivering water to MNWD.

3.2 Cities of Santa Ana, Orange and Tustin Pressure Zones The following is a summary of the existing pressure zones for each of the cities under consideration.

City of Santa Ana
The City of Santa has two pressure zones (High Zone and Low Zone). The High Zone, approximate HGL of about 340 to 350, is located north of the Santa Ana Freeway (the area within the City bordered by the Costa Mesa Freeway, the Garden Grove Freeway and the Santa Ana Freeway). The High Zone has four (4) wells that are currently in operation. The proposed Well 22 replacement is located within the City’s High Zone. The Low Zone, approximate HGL of about 270, includes the remaining service area of the City. The Low Zone has fourteen (14) wells that are currently in operation. The proposed new Washington Well is located within the City’s Low Zone.

City Council 30 – 18 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 7
City of Orange
The City of Orange has five (5) primary pressure zones: Zone 370; Zone 490; Zone 736; Zone 900; and Zone 1100.

Nine (9) of the City wells pump into the City’s 370 Zone and the remaining two (2) pump into the 490 Zone. The proposed new Wells, Well No. 28 and Well No. 29 will also pump into the City’s 370 Zone.

The East Orange County Feeder No. 2 is mostly located within the City’s 370 Zone. In general, the City’s 490 Zone is located east of the Costa Mesa (SR-55) Freeway.

City of Tustin
The City of Tustin has three (3) pressure zones: Zone 1 (HGL of about 308); Zone 2 (HGL of about 380); and Zone 3 (HGL of about 480). The majority of the City is included within the Zone 1. The East Orange County Feeder No. 2 is located within the City’s Zone 1.

3.3 Pump Station to East Orange County Feeder #2
In order to convey the excess groundwater from the cities, a pump station will be required to lift the water from the city’s pressure zone to the required HGL stated above (HGL of 500 plus all head losses). To maximize the flow potential and to minimize impacts to the city’s distribution systems, it is recommended that a new East Orange County Feeder #2 (EOCF#2) Pump Station be constructed. Ideally, it would be beneficial to get the proposed pump station suction from a reservoir instead of from the distribution system. This will require additional lift but will minimize pressure surges and potential pressure impacts to the adjacent distribution system. However, if a reservoir is not available, the proposed pump station can get its suction from the distribution system as long as the pump station design flow is not too high to impact the pressures in the service area adjacent to the proposed pump station. It is not recommended to modify the wells to pump to the higher pressure as this will limit the available excess flow to only what the individual well can produce (which will be lower than normal due to the higher lift).

For this study, we have assumed the layout of the proposed EOCF#2 Pump Station will be similar to the South County Zone 1-3 Booster Pump Station designed and constructed for the IRWD Interconnection to SOC Water Transmission Mains. The proposed pump station will include: three or four vertical turbine pumps and motors (including one standby); PRV bypass piping; surge tank on the discharge side; variable frequency drives; building to house the pumps; separate building to house the electrical equipment; and additional surge tank on the suction side if the suction is being provided by the distribution system instead of a reservoir. The following are the approximate footprint dimensions of the proposed pump station: pump room for four pumps, 48 feet by 24 feet; pump room for three pumps, 40 feet by 24 feet; electrical building, 24 feet by 16 feet; and additional site yard to house the surge tank and bypass piping. The approximate total minimum pump station footprint is about 10,000 to 12,000 square feet, with a minimum width of about 50 to 60 feet. See Appendix B for conceptual layout for the proposed pump station and corresponding facilities.

The proposed EOCF#2 Pump Station will, most of the time, not be used to convey excess groundwater to South Orange County. Therefore, the proposed pump station will need to be operated periodically to maintain its condition and operation availability. We have assumed a pressure reducing facility will be required to discharge the pump flow back to the city’s distribution systems each time it is operated for maintenance purposes. Ideally, the pressure reducing facility should be located in the vicinity of the connection to the East Orange County Feeder No. 2 or at the end of the high pressure discharge piping.

3.4 East Orange County Feeder No. 2 Connections
For the initial evaluation of potential location of the proposed facilities, we have assumed that the connection to the East Orange County Feeder No. 2 will be at an existing connection (i.e. do not propose to construct a new outlet to the existing East Orange County Feeder No. 2).

City Council 30 – 19 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 8
For the limits of the initial evaluation, the East Orange County Feeder No. 2 is located within Tustin Avenue in the cities of Orange and Santa Ana and within Walnut Avenue and Red Hill Avenue in the cities of Santa Ana and Tustin.

The following are the potential locations for the connections to the East Orange County Feeder No. 2: OC-40 and OC-42 in the City of Orange; SA-6 and SA-7 in the City of Santa Ana; and OC-43 and OC-48 (East Orange County Water District turnouts) in the City of Tustin. See Exhibit 1 for an Overview of the study area which shows the East Orange County Feeder No. 2 alignment and the location of each of the existing import water connections.

The following is a brief summary of the locations of these import water connections:
x OC-40 (City of Orange): Heim Avenue and Tustin Ave.
x OC-42 (City of Orange): La Veta and Tustin Ave.
x SA-6 (City of Santa Ana): Santa Clara Ave. and Tustin Ave. (design capacity is 20 cfs with normal operating capacity of 12 cfs)
x SA-7 (City of Santa Ana): Warner Ave. and Red Hill Ave. (design capacity is 50 cfs with normal operating capacity of 7.5 cfs)
x OC-48 (East Orange County Water District – City of Tustin): Fairhaven Ave and Tustin Ave. x OC-43 (East Orange County Water District – City of Tustin): Walnut Ave. and Newport Ave.

The location of the proposed EOCF#2 Pump Station should be in vicinity of the appropriate agency import water connection.

3.5 Potential Inter-agency Connections
An option for conveying excess groundwater could be achieved by constructing a potential inter-agency connection which could be used to convey excess groundwater from one agency to another to minimize the number of new EOCF#2 Pump Stations. The reason to evaluate this option is that the City of Santa Ana does have excess available well capacity and that maybe this available capacity could be conveyed through the City of Orange or Tustin distribution systems to minimize the number of EOCF#2 Pump Stations. The intent of the inter-agency connections is that they would be able to be used for emergency purposes or on as-needed situations and not just for conveying the excess groundwater to South Orange County. The following is a summary of the corresponding pressure zones that are adjacent to each of the cities:
x City of Santa Ana High Zone (HGL of 340 to 350) and City of Orange 390 Zone x City of Santa Ana Low Zone (HGL of 270) and City of Tustin Zone 1 (HGL of 308) During times of normal operation, the City of Orange and City of Tustin can provide water to the City of Santa Ana but the City of Santa Ana can not provide water the other direction without a substantial drop in pressure within the other cities’ distribution system. For the conveyance of excess groundwater, the City of Santa Ana has the most potential excess groundwater available. However, the operating pressure of Santa Ana’s distribution system is lower than the adjacent cities distribution system so that the excess groundwater will not be able to be conveyed within the City of Orange/Tustin’s distribution system without increasing the discharge pressure from the City of Santa Ana’s distribution system. Therefore, it does not make sense to evaluate any potential inter-agency connections for the purpose of conveying excess groundwater to South Orange County.

City Council 30 – 20 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 9

4. PROPOSED FACILITY PLANS

4.1 General Selection Criteria
The proposed facilities to convey excess groundwater to South Orange County will need to consist of the following:
source of the excess groundwater (i.e. reservoir or connection to a distribution system with enough capacity); EOCF#2 Pump Station; new high pressure discharge piping from the proposed pump station to the connection to the East Orange County Feeder No. 2; pressure reducing facility to allow high pressure water to be relieved back into the City’s distribution system; and connection to the East Orange County Feeder No. 2 existing piping facilities (between the meter vault and the MWD connection vault).

The general criteria implemented was to identify any potential locations for the proposed EOCF#2 Pump Station in the vicinity of an existing East Orange County Feeder No. 2 connection. Potential locations included open space/empty lots and properties owned by the corresponding water agency.

It should be noted that in the immediate vicinity of the existing East Orange County Feeder No. 2 import water connections, the area is fully developed (mostly commercial) and there are almost no vacant lots/sites that are existing. Therefore, the initial focus was identifying properties owned by the corresponding city as then no land acquisition would be required.

The following is a summary of the preliminary locations that were identified as potential sites that did not require land acquisition.

4.2 City of Santa Ana
Two potential locations were identified in the City of Santa Ana: East Station Facility and the Cambridge Facility.

The following is a summary of each of these facilities.

East Station Facility:

The East Station Facility is located within the City’s Low Zone and consists of a 6 MG storage reservoir fed by one groundwater well (Well 26) and a booster pump station that supplies water to the distribution system from the storage reservoir. If Well 26 is out of service, the reservoir is filled from the distribution system. The booster pump station includes two pumps with a firm capacity of approximately 2,300 gpm. Both pumps are operated with VFDs that are controlled by pressure of the discharge header pipe. See Figure 1A for the existing East Station Facility layout as well as the proposed improvements.

Proposed improvements for potential of 7 cfs excess groundwater: EOCF#2 Pump Station (three pumps) with surge tank on discharge side; suction from East Reservoir; and new high pressure discharge to City of Santa Ana’s SA-7 Pressure Regulating Station at Ritchey Street and Costa Mesa Freeway (SR-55). Intent is to convey Well 26 groundwater water to South Orange County. The existing East Pump Station can also take water from the East Reservoir as needed to maintain distribution pressure.

Due to the size of the East Reservoir (6 MG), additional excess groundwater could be conveyed to the South Orange County if it was able to be consistently supplied to the reservoir. The City’s distribution system could handle some additional flow (flow to meet the City’s demands and provide excess to the reservoir) but not a guaranteed amount and not an additional 7 cfs. If a new well is constructed at the East Station Facility, the groundwater pumped by both of the wells could be conveyed to South Orange County. Thus, a total of about 14 cfs excess groundwater could be made available with the new well and a fourth pump in the proposed EOCF#2 Pump Station.

To allow the City the availability of moving the additional well water from the new well from the reservoir during normal operation activities, an additional pump or pump upgrades to increase the pump capacity would be needed by the City.

City Council 30 – 21 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 10
In summary, the above proposed improvements can provide up to 14 cfs excess groundwater to South Orange County. The City of Santa Ana will benefit from having a new well that can be used at its discretion all year long except during the time of conveying excess groundwater to South Orange County as well as pump upgrades and additional pumping capacity at its existing pump station.

Cambridge Facility:

The Cambridge Station Facility is located within the City’s High Zone and consists of a 1.3 MG storage reservoir fed from the distribution system and a booster pump station that supplies water to the distribution system from the storage reservoir. Well 38 is also onsite and supplies groundwater directly to the distribution system. Also, on-site is the abandoned Well 22. The booster pump station includes three pumps with a firm capacity of approximately 5,400 gpm. All booster pumps are constant speed that turn on and off based on the pressure of the discharge header pipe. See Figure 3A for the existing Cambridge Station Facility layout as well as the proposed improvements.

It should be noted that per the OCWD PFAS Treatment Systems Planning Study Producer Report for City of Santa Ana, the City may be adding up to eight IX vessels and prefiltration facilities at the Cambridge Station Facility. The City may want to receive the open space adjacent to the Cambridge Reservoir for these proposed improvements and move the proposed improvements noted below to the open space to the west of the site. There appears to be sufficient space for both proposed improvements to be constructed.

Proposed improvements for 10 cfs excess groundwater: new Well 22 replacement (feeds groundwater to reservoir); EOCF#2 Pump Station (four pumps) with surge tank on discharge side; suction from Cambridge Reservoir; and new high pressure discharge to City of Santa Ana’s SA-6 connection to the East Orange County Feeder No. 2 at Santa Clara Ave. and Tustin Ave. The intent is to convey the new Well 22 and portion of Well 38 groundwater to South Orange County. The existing Cambridge Pump Station can also take water from the Cambridge Reservoir as needed to maintain distribution pressure.

Due to the smaller size of the Cambridge Reservoir (1.3 MG), some of the Well 38 groundwater will need to be used by the City’s distribution system to maintain pressure and meet demands.

In summary, the above proposed improvements can provide up to 10 cfs excess groundwater to South Orange County. The City of Santa Ana will benefit from having a new well (replacement Well 22) that can be utilized at the City’s discretion at all times except during the time it is used to provide excess groundwater to South Orange County.

4.3 City of Orange
Two potential locations were identified in the City of Orange: City Yard and the Batavia Plant. The following is a summary of each of these locations.

City Yard Facility:

The City Yard Facility is located at Jamison Street and Almond Ave and is within the City’s 390 Zone. The site includes the City Public Works yard, including buildings, material storage bins, workshops, and Well No. 25. It should be noted that Well No. 25 was drilled in 2000. Well No. 25 supplies groundwater directly to the distribution system. See Figure 4A for the existing City Yard Facility site layout as well as the proposed improvements.

Proposed improvements for 7 cfs excess groundwater: EOCF#2 Pump Station (three pumps) with surge tank on suction and discharge pipelines; suction from distribution system (18-inch pipe) located within Almond Ave.; and new high pressure discharge to City of Orange’s OC-42 MWD connection at La Veta and Tustin Ave. The intent is to convey Well No. 25 and a portion of the adjacent Well No. 27 groundwater to South Orange County. It should be noted that the City of Orange does not receive any benefits from these proposed improvements to provide the 7 cfs excess groundwater.

City Council 30 – 22 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 11
With no reservoir within the vicinity to take suction from, the distribution piping in the area restricts the maximum excess groundwater available to the amount of one well or about 7 cfs. If additional excess groundwater capacity is desired, an additional new well will need to be constructed within the City Yard Facility. This could provide an additional 5 cfs of excess groundwater available to be conveyed to South Orange County. However, due to the distribution system piping, the City will not be able to operate the three wells (Well No. 25, No. 27 and the new well at the same time) without additional pipeline distribution improvements.

Proposed additional pipeline distribution improvements: 700 feet of new 12-inch pipeline within Lincoln Street from Almond Avenue to Chapman Avenue (shown on Figure 4); and 1,400 feet of new 12-inch pipeline within Chapman Avenue from westerly 55 Freeway off-ramp to east of the 55 Freeway and Santiago Creek. It should be noted that the proposed pipeline within Chapman Avenue will need to be bored across the Santiago Creek as well as the easterly off-ramp from the 55 Freeway (about 600 feet in length).

In summary, the above proposed improvements can provide up to 7 cfs excess groundwater to South Orange County, and up to 12 cfs if an additional new well is constructed onsite and about 2,100 feet of new 12-inch pipeline is constructed to improve the City’s distribution system.

The City of Orange will benefit from the new well as long as the additional distribution improvements are constructed. With the additional distribution pipeline improvements, the City will be able to operate all three wells, if they desire, and will be able to convey the additional groundwater to a portion of the City that currently needs additional capacity as well as providing reliability to the hospital located near the proposed improvements.

It should be noted that it appears there are two sites in close proximity to the OC-42 connection that could possibly be used to construct the proposed EOCF#2 Pump Station: 1800 E La Veta (Rehabilitation Institute of Southern California); and Caltrans right-of-way adjacent to the Garden Grove Freeway (SR-22). Based on the existing size of the City’s distribution piping adjacent to these sites (24-inches in diameter), the EOCF#2 pump station may be able to convey 7 cfs excess groundwater from the City’s existing wells and up to 14 cfs excess groundwater if a new well was construction within this general area of the City. The ability to convey this capacity of excess groundwater would need to be confirmed by utilizing the City’s existing water model once it is determined that purchasing one of these properties is potentially feasible and the anticipated land cost would be reasonable (comparable to the cost of the high pressure discharge from EOCF#2 Pump Station to OC-42 MWD connection).

Batavia Plant Facility:

The City of Orange Batavia Plant Facility is located at 2443 N. Batavia Street (just south of Fletcher Avenue) and is within the City’s 390 Zone. The site includes the following: 0.5 MG steel reservoir (constructed in 1970 and is offline); Well No. 1 (drilled in 1950 and is off-line); and Plant B-1, B-2 and B-3 booster pump station (off-line). These existing facilities would need to be demolished in order for the site to be used for the proposed new well and EOCF#2 Pump Station.

Proposed improvements for 7 cfs excess groundwater: demolition of existing steel reservoir and pump station; abandon/demolish existing Well No. 1; EOCF#2 Pump Station (three pumps) with surge tank on suction and discharge pipelines; suction from new well and supported by distribution system (16/12-inch pipe located within Batavia St.); and new high pressure discharge to City of Orange’s OC-40 MWD connection at Hein Ave. and Tustin Ave. The intent is to convey the new well groundwater to South Orange County.

In summary, the above proposed improvements can provide up to 7 cfs excess groundwater to South Orange County. The City of Orange will benefit from the new well as the only wells within this area of the distribution system are no longer in service (Well No. 1 and Well No. 15). The City’s water system will be improved with the new well at the Batavia Plant.

City Council 30 – 23 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 12

4.4 City of Tustin
Two potential locations were identified in the City of Tustin: Walnut Well site and the Pasadena Well site. Due to PFAS levels, the City will need to abandon the Tustin Well facility. This would make this site available, however, due to its limited property, constructing any facility at this location would require the purchase of additional private property. In addition, the only EOCF#2 connection in the vicinity of the well site is Santa Ana’s SA-06 Connection.

The following is a summary of the two potential locations.

Walnut Well Site:

The Walnut Well, located at the southwest corner of Red Hill Ave. and Walnut Ave., was drilled in 1922 for the Irvine Company. City of Tustin Water took over the operation of the well in 1977. The City is planning to abandon the existing well. However, the City may be required to abandon the Tustin Avenue Well prior to the Walnut Well due to it exceeding the PFAS Response Level. This will force the City to keep the Walnut Well operational longer, until at least, the PFAS treatment can be built for the remaining wells. Access to the site is only available from the surrounding streets and any work at the site will impact traffic at the intersection.

The Walnut Well is located within the City’s Zone 1 (HGL 308). See Figure 6 for the existing Walnut Well site location as well as the proposed improvements.

Proposed improvements for 3 to 5 cfs excess groundwater: demolish/abandon existing Walnut Well; EOCF#2 Pump Station (three pumps) with no surge tanks due to site limitations; suction from distribution system (16-inch pipe within Walnut Ave.); new high pressure discharge to OC-43 at Newport Ave. and Walnut Ave.; and upgrade OC-43 connection and meter facilities (owned by East Orange County Water District). In addition, increase the well capacity within Zone 1 by at least 5 cfs (additional new well as well as upgrading the RO Treatment facilities for the wells at the Main Plant). The intent is to convey excess groundwater from the Zone 1 distribution system to South Orange County.

One potential site for replacement of the Walnut Well may be within the existing orange grove at 14462 Red Hill (across the street from the existing Walnut Well site).

In summary, the above proposed improvements can provide up to 3 to 5 cfs excess groundwater to South Orange County.

The City of Tustin will benefit from the new well and the upgrade of the RO Treatment facilities for the wells at the Main Plant.

Pasadena Well Site:

The Pasadena Well, located at the corner of West 2nd Street and Pasadena Ave. adjacent to Costa Mesa Freeway – SR-55. Adjacent to the existing Pasadena Well building is a narrow grass landscape area that may be used for the proposed EOCF#2 Pump Station. The site is narrow and may require the reduction in size of the proposed facilities. The Pasadena Well is located within the City’s Zone 1 (HGL 308). See Figure 6 for the existing Pasadena Well site location as well as the proposed improvements.

Proposed improvements for 3 to 4 cfs excess groundwater: remove existing landscape/hardscape improvements; EOCF#2 Pump Station (three pumps) with no surge tanks due to site limitations; suction from distribution system; new high pressure discharge to OC-43 at Newport Ave. and Walnut Ave.; and upgrade OC-43 connection and meter facilities (owned by East Orange County Water District). In addition, increase the well capacity within Zone 1 by at least 5 cfs (additional new well as well as upgrading the RO Treatment facilities for the wells at the Main Plant). Intent is to convey excess groundwater from the Pasadena Well to South Orange County.

City Council 30 – 24 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 13
In summary, the above proposed improvements can provide up to 3 to 4 cfs excess groundwater to South Orange County. The City of Tustin will benefit from the new well and the upgrade of the RO Treatment facilities for the wells at the Main Plant.

5. PROPOSED CONVEYANCE FACILITIES

5.1 Identification of Conveyance Options
The proposed conveyance facilities consist of the following: new high pressure discharge piping from the proposed pump station to the connection to the East Orange County Feeder No. 2; pressure reducing facility to allow high pressure water to be relieved back into the City’s distribution system; and connection to the East Orange County Feeder No. 2 existing piping facilities (between the meter vault and the MWD connection vault).

The general criteria for the identification of conveyance options was to locate the new high pressure discharge piping within public streets and to minimize the length of piping within major arterial streets.

Below is a summary of the preliminary conveyance options that were identified for each of the above possible locations for the proposed EOCF#2 Pump Stations.

5.2 Typical Connection to the East Orange County Feeder No. 2 The typical connection to the East Orange County Feeder No. 2 consist of the following: pressure reducing vault and corresponding piping that allows for the manual discharge of the high pressure excess groundwater back into the City’s distribution system; additional manual valves to keep the excess groundwater from flowing through the existing meter in the meter vault; new flow control meter vault; new connection to the existing piping between the MWD connection vault and the meter vault.

For this study, we have assumed the layout of the proposed new flow control meter vault will be similar to the IRWD Interconnection to SOC Water Transmission Mains, Phase A JTM/ATM Connection. The proposed flow control facility will include: magnetic flowmeter; modulating butterfly valve; blind transmitters and pressure gages; meter test tap; precast concrete vault; double door aluminum vault hatch; forced ventilation; sump pump; and corresponding electrical and controls. Typical sketches of the proposed facilities are included in Appendix C.

5.3 City of Santa Ana
East Station Facility
Figure 1 shows the facility location and the corresponding proposed conveyance piping. The following is the proposed alignment: St. Andrews Place to S. Grand Ave. to St. Gertrude Pl. to S Lyon St. to Richey Street to City of Santa Ana’s SA-7 Pressure Regulating Station. Assuming 14 cfs excess groundwater, the EOCF#2 Discharge Water Main is proposed to be 24-inches in diameter and rated for 200 psi. The pressure reducing facility can be located within the SA-7 Pressure Regulating Station and can connect to both the Lower Zone distribution piping as well to the existing City of Santa Ana 24-inch high pressure water main that goes to the existing SA-7 MWD service connection.

Figure 2 shows the proposed MWD connection facilities at Warner Ave. and Red Hill Ave. These proposed facilities will include: connection to the existing City of Santa Ana 24-inch piping upstream of the existing SA-7 meter vault including a new 24-inch valve; proposed meter flow control vault with 24-inch modulating butterfly valve and magnetic flow meter; connection to the existing 24-inch piping between the meter vault and connection vault, including two 24-inch valves (one on the downstream side of the flow control vault and one between the connection and the existing SA-7 meter vault; and new electrical and SCADA control facilities.

The proposed flow control vault is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor.

City Council 30 – 25 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 14
Cambridge Facility
Figure 3 shows the facility location and the corresponding proposed conveyance piping. The following is the proposed alignment: Waverly St. to Fairhaven Ave. to Tustin Ave. to St. Andrews Place to S. Grand Ave. to St.

Gertrude Pl. to S Lyon St. to Richey Street to City of Santa Ana’s SA-6 meter vault. Assuming 10 cfs excess groundwater, the EOCF#2 Discharge Water Main is proposed to be 18-inches in diameter and rated for 200 psi.

The pressure reducing facility can be located within Tustin Ave. in the vicinity of the existing SA-6 MWD service connection. The PR facility is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor.

Figure 3 also shows the proposed MWD connection facilities at Santa Clara Ave. and Tustin Ave. These proposed facilities will include: proposed meter flow control vault with 18-inch modulating butterfly valve and magnetic flow meter; connection to the existing piping between the meter vault and connection vault, including one 18- inch valve (downstream side of the flow control vault) and one valve matching size of piping between the connection and the existing SA-7 meter vault; and new electrical and SCADA control facilities.

The proposed flow control vault is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor.

5.4 City of Orange
City Yard Facilities
Figure 4 shows the potential facility location and the corresponding proposed conveyance piping. The following is the proposed alignment: Almond Ave. to Lincoln St. to Palmyra Ave. to Tustin Ave. to City of Orange’s OC-No. 42 meter vault. It should be noted that the proposed pipeline will need to be bored across the Santiago Creek (about 360 feet in length). Assuming 12 cfs excess groundwater, the EOCF#2 Discharge Water Main is proposed to be 18-inches in diameter and rated for 200 psi.

The pressure reducing facility can be located within Tustin Ave. in the vicinity of the existing OC-No. 42 MWD service connection. The PR facility is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor. The construction of the facility will have a large impact on traffic on Tustin Ave.

Figure 4 also shows the proposed MWD connection facilities at La Veta and Tustin Ave. These proposed facilities will include: proposed meter flow control vault with 18-inch modulating butterfly valve and magnetic flow meter; connection to the existing piping between the meter vault and connection vault, including one 18-inch valve (downstream side of the flow control vault) and one valve matching size of piping between the connection and the existing OC-42 meter vault; and new electrical and SCADA control facilities. The proposed flow control vault is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor. The construction of the facility will have a large impact on traffic on Tustin Ave.

Batavia Plant
Figure 5 shows the potential facility location and the corresponding proposed conveyance piping. The following is the proposed alignment: Batavia St. from Batavia Plant to Fletcher Ave. to Olive Road to Heim Ave. to Tustin Ave. to City of Orange’s OC-No. 40 meter vault. It should be noted that the proposed pipeline will need to be bored across the storm drain channel within Fletcher Ave., bored under the railroad from Fletcher Ave. to Olive Road, and bored across Tustin Ave. (about 400 feet in length). Assuming 7 cfs excess groundwater, the EOCF#2 Discharge Water Main is proposed to be 16-inches in diameter and rated for 200 psi.

City Council 30 – 26 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 15
The pressure reducing facility can be located within Heim Ave. cul-da-sac in the vicinity of the existing OC-No. 40 MWD service connection. The PR facility is recommended to be located in the existing public parkway right-ofway or it could be located within the street if there is open utility corridor. By locating the facility within Heim Ave. there will be minimal impact on traffic on Tustin Ave.

Figure 5 also shows the proposed MWD connection facilities at Heim Ave. and Tustin Ave. These proposed facilities will include: proposed meter flow control vault with 16-inch modulating butterfly valve and magnetic flow meter; connection to the existing piping between the meter vault and connection vault, including one 16-inch valve (downstream side of the flow control vault) and one valve matching size of piping between the connection and the existing OC-40 meter vault; and new electrical and SCADA control facilities. The proposed flow control vault is recommended to be located in the existing public parkway right-of-way within Heim Ave. cul-da-sac or it could be located within the street if there is open utility corridor. By locating the facility within Heim Ave. there will be minimal impact on traffic on Tustin Ave.

5.5 City of Tustin
Walnut Well Site
Figure 6 shows the facility location and the corresponding proposed conveyance piping. The following is the proposed alignment: Walnut Ave to Newport Lane to OC-43 meter vault. Assuming 5 cfs excess groundwater, the EOCF#2 Discharge Water Main is proposed to be 12-inches in diameter and rated for 200 psi. The pressure reducing facility can be located within Walnut Ave. in the vicinity of the existing OC-43 MWD service connection.

The PR facility is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor.

Figure 6 also shows the proposed MWD connection facilities at Newport Lane and Walnut Ave. These proposed facilities will include: proposed meter flow control vault with 12-inch modulating butterfly valve and magnetic flow meter; connection to the existing piping between the meter vault and connection vault, including one 12- inch valve (downstream side of the flow control vault) and one valve matching size of piping between the connection and the existing OC-43 meter vault; and new electrical and SCADA control facilities. In addition, the City of Tustin stated that the existing meter vault needs to be upgraded at the same time. The proposed flow control vault is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor.

Pasadena Well Site
Figure 6 also shows the facility location and the corresponding proposed conveyance piping for the Pasadena Well.

The following is the proposed alignment: 2nd Street to Myrtle Ave. to Main St. to B St. to Walnut Ave. to Newport Lane to OC-43 meter vault. Assuming 4 cfs excess groundwater, the EOCF#2 Discharge Water Main is proposed to be 12-inches in diameter and rated for 200 psi. It should be noted that this proposed alignment includes the bore/jack of the Santa Ana Freeway on B Street (about 500 feet in length). The pressure reducing facility can be located within Walnut Ave. in the vicinity of the existing OC-43 MWD service connection. The PR facility is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor.

Figure 6 also shows the proposed MWD connection facilities at Newport Lane and Walnut Ave. These proposed facilities will include: proposed meter flow control vault with 12-inch modulating butterfly valve and magnetic flow meter; connection to the existing piping between the meter vault and connection vault, including one 12- inch valve (downstream side of the flow control vault) and one valve matching size of piping between the connection and the existing OC-43 meter vault; and new electrical and SCADA control facilities.

City Council 30 – 27 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 16
In addition, the City of Tustin stated that the existing meter vault needs to be upgraded at the same time. The proposed flow control vault is recommended to be located in the existing public parkway right-of-way or within an easement adjacent to the parkway. If not feasible or easement is difficult to obtain, it could be located within the street if there is open utility corridor.

The option of locating the proposed pump station at the Pasadena Well site is not recommended due to the site restrictions at the well site, the long conveyance piping and the bore and jack of the Santa Ana Freeway.

6. REQUIRED PERMITS, LAND ACQUISITION AND EASEMENTS

6.1 City of Santa Ana
East Station Facility will not require any land acquisitions as all of the proposed facilities are located within the City of Santa Ana property or public right-of-way. The only easement that may be required would be at the proposed connection to the SA-7 MWD meter vault facility for construction of the vault in the adjacent landscaping area to the public parkway. City of Santa Ana encroachment permit will be required for the conveyance piping. Traffic control will be a major concern for the City for the pipeline work in S. Grand Ave. and Ritchey St.

Cambridge Station Facility will not require any land acquisitions as all of the proposed facilities are located within the City of Santa Ana property or public right-of-way. The only easement that may be required would be at the proposed connection to the SA-6 MWD meter vault facility for construction of the vault in the adjacent landscaping area to the public parkway. City of Santa Ana encroachment permit will be required for the conveyance piping. Traffic control will be a major concern for the City for the pipeline work in Fairhaven and Tustin Ave.

6.2 City of Orange
City Yard Facility and the Batavia Plan will not require any land acquisitions as both of the proposed facilities are located within the City of Orange properties or public right-of-way. The only easement that may be required would be at the proposed connection to the OC No. 42 MWD meter vault facility for construction of the vault in the adjacent landscaping area to the public parkway. City of Orange encroachment permit will be required for the conveyance piping for both options. Traffic control will be a major concern for the City for the pipeline work in and or crossing Tustin Ave. as well as the railroad bore and jack operation at Olive Road and Fletcher Avenue.

An Orange County Flood Control District and Army Corp or Fish and Game Permit will be required for crossing the Santiago Creek. In addition, an Orange County Flood Control District will be required for crossing of the existing culvert on Fletcher Avenue and a railroad permit for the railroad crossing at Olive Road and Fletcher Avenue.

6.3 City of Tustin
Walnut Well Facility will not require any land acquisitions as all of the proposed facilities are located within the City of Tustin properties or public right-of-way. The only easement that may be required would be at the proposed connection to the OC No. 43 MWD meter vault facility for construction of the vault in the adjacent landscaping area to the public parkway. A City of Tustin encroachment permit will be required for the conveyance piping.

Traffic control will be a major concern for the City for the pipeline work in Walnut Ave. and for the pump station construction that will impact Red Hill Ave.

7. ESTIMATE OF PROBABLE CONSTRUCTION COSTS

7.1 Probable Construction Costs
The preliminary estimates of the probable construction costs for each of the proposed locations and facilities are summarized in Appendix D. Construction costs were based on the experience of our engineers, construction cost estimates recently prepared for similar projects, recently bid projects of a similar nature for the cities or other agencies, and industry standards.

City Council 30 – 28 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 17
A contingency of 30% has been included in the construction cost to provide for uncertainties and unknowns associated with a preliminary design. The overall project cost includes a 10% design cost, 15% construction contingency, and 15% technical, legal and administrative costs.

The estimate of construction costs are based on 2020 dollars, ENR Construction Cost Index of 11436 for June 2020.

The following Table 7.1 summarizes the proposed excess groundwater potential, the probable construction costs, and the overall total project cost.

Table 7.1 Summary of Excess Groundwater Potential and Project Costs Proposed Facility
Potential Excess
Groundwater
Probable
Construction Cost Total Project Cost
City of Santa Ana – East Station Facility 14 cfs $ 16,000,000 $ 22,400,000 City of Santa Ana – Cambridge Facility 10 cfs $ 15,000,000 $ 21,000,000 City of Orange – City Yard Facility 12 cfs $ 17,000,000 $ 23,800,000 City of Orange – Batavia Plant 7 cfs $ 17,000,000 $ 23,800,000 City of Tustin – Walnut Well Site 3 to 5 cfs $ 14,000,000 $ 19,600,000

8. SIMILAR STUDIES

8.1 MWDOC Planning Level Reliability Alternatives Analysis Municipal Water District of Orange County (MWDOC) had an evaluation performed to update the available emergency water supply from Irvine Ranch Water District (IRWD) that could be made available to South Orange County (SOC) Agencies during an emergency shutdown or outage of MWD treated imported water supply from Diemer Filtration Plant. The study was titled: “Planning Level Reliability Alternatives Analysis”, dated April 9, 2019, and was prepared by Dudek. The study evaluated IRWD’s ability to convey groundwater supply through their system to the Joint Transmission Main (JTM) for conveyance to SOC. In addition, a scenario to convey groundwater via the East Orange County Feeder #2 (EOCF#2) to the JTM was also discussed.

Determination of available emergency potable water supply was based on a two-part analysis of:
x Part 1: IRWD’s water balance of water supply versus their demands, assuming no MWD treated imported water supply from the Diemer Filtration Plant is available. x Part 2: IRWD system’s hydraulic capacity to convey available water supply across their system to an interconnection with the JTM.

The ability to convey groundwater supply through IRWD system is contingent on the hydraulic capacity of their system complicated by varying demand conditions. The amount of emergency supply capable of being conveyed to SOC by IRWD will vary and not necessarily be a single fixed “reliable” supply amount provided during emergencies that could occur at any time during the year.

If the groundwater is conveyed using the EOCF#2, the available supply flow is much more predictable since fluctuations of the retail water system does not significantly impact the ability to convey water due to the size of the EOCF#2.

Based on the results of the analysis, five (5) scenarios were identified, along with the available 60 day supply, the planning level estimate of construction cost and target year of operation. The following is a brief summary of the results:

City Council 30 – 29 5/17/2022

FINAL DRAFT PRELIMINARY REPORT
(Connections to EOCF #2)
Orange County Water District/Moulton Niguel Water District TETRA TECH Evaluation of Groundwater Conveyance Options 18
Table 8.1 Study Results Summary
Scenarios
Available 60 day Supply
to SOC
Planning Level Estimate
of Construction Cost Target Year of Operation
1 – Existing w/ VFD Imp. 28.9 cfs avg. $800K
2020 (supply declining
until after additional
improvements are made)
2 – Future w/VFD, 4 new
wells, Treatment 15 cfs avg $136M 2026+
3 – Future w/VFD, 4 new
wells, Treatment,
Pipelines

23.1 cfs avg $156M 2026+
4a – EOCF#2/DRWF
Supply, Treatment 23.1 cfs (constant supply) $144M 2026+ 4b – EOCF#2/Other GW
supply 23.1 cfs (constant supply) $48M 2026+

8.2 New Local Water Supply Integration Utilizing the East Orange County Feeder No. 2 Municipal Water District of Orange County (MWDOC) is currently supporting development of several potential new water supply projects, including ocean desalination from Huntington Beach Desalination Plant (HBDP); ground water pump back; and ocean desalination from Doheny Desalination Plant (DDP). If implemented, these new supplies will enhance water supply reliability for the region by providing locally controlled sources of supply that have less risk of interruption. It is envisioned that water from these sources will be conveyed to MWDOC Member Agencies and other retail agencies in Orange County through a combination of new and existing conveyance facilities.

To establish a work plan for addressing both physical infrastructure needs and impacts of water quality differences, MWDOC had several White Papers prepared to address these topics. Black & Veatch prepared a White Paper titled “MWDOC New Local Water Supply Integration into the Metropolitan Water District System Utilizing the East Orange County Feeder No. 2” dated October 2019. This White Paper focuses on the integration issues associated with the HBDP and the groundwater pump back concepts with a particular focus on the concept of utilizing the EOCF#2 as a means of introducing these supply sources into the Orange County Distribution System.

The Groundwater Pump Back will comprise of installation of new groundwater wells or use of existing wells in the OC basin that are located near the southern end of the EOCF#2. The OC Water Reliability Study included a concept involving installation of three groups of new wells with a capacity of approximately 10 mgd. Under normal conditions, it is envisioned that these new groundwater production wells would be used to deliver water directly to retail water agencies in their vicinity. Under drought or emergency conditions, these wells would be called on to deliver water into the EOCF#2 to augment imported supplies.

The White Paper summarized the various recommendations to address the outstanding issues of using the EOCF#2 as a means of introducing these new water supplies into the OC Distribution System.

City Council 30 – 30 5/17/2022
City Council 30 – 31 5/17/2022
 
City Council 30 – 325/17/2022 
 
City Council 30 – 335/17/2022 
 
City Council 30 – 345/17/2022 
 
City Council 30 – 355/17/2022 
 
City Council 30 – 365/17/2022 
 
City Council 30 – 375/17/2022 
 
City Council 30 – 385/17/2022 
 
City Council 30 – 395/17/2022 
 
City Council 30 – 405/17/2022 
Orange County Water District
Moulton Niguel Water District

EVAULATION OF GROUNDWATER CONVEYANCE OPTIONS

FINAL DRAFT PRELIMINARY REPORT
(CONNECTIONS TO THE EAST ORANGE COUNTY FEEDER #2)

APPENDIX A

HISTORICAL WATER DATA
City Council 30 – 41 5/17/2022
January February March April May June July August September October November December TOTAL WELL
NUMBER
Estimated Ave
Well Capacity
(GPM)
Theoretical
Maximum
(100%) Daily
Production
(GAL)
Month Maximum
Production -
Winter
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Month Maximum
Production - Winter
(GAL)
Month Maximum
Production -
Summer
(GAL)
Month Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month Maximum
Production -
Summer
(GAL)
Month Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Annual Production
(GAL)
629,824,373 564,834,562 702,906,681 673,925,765 592,750,960 663,128,528 726,087,068 700,430,051 595,510,013 589,285,851 694,423,137 671,970,531 7,805,077,518 150,878,903 132,858,161 107,440,117 257,113,292 375,394,096 316,997,769 352,811,142 381,759,470 410,284,164 387,516,548 186,398,990 155,908,199 3,215,360,851 780,703,275 697,692,723 810,346,798 931,039,057 968,145,057 980,126,297 1,078,898,209 1,082,189,520 1,005,794,177 976,802,399 880,822,127 827,878,731 11,020,438,370

80.7% 81.0% 86.7% 72.4% 61.2% 67.7% 67.3% 64.7% 59.2% 60.3% 78.8% 81.2% 70.8% 20 3000 4,320,000 60% 2,592,000 80% 3,456,000 72,576,000 80,352,000 80,352,000 103,680,000 107,136,000 103,680,000 107,136,000 107,136,000 103,680,000 80,352,000 77,760,000 80,352,00021 1800 2,592,000 60% 1,555,200 80% 2,073,600 43,545,600 48,211,200 48,211,200 62,208,000 64,281,600 62,208,000 64,281,600 64,281,600 62,208,000 48,211,200 46,656,000 48,211,20026 2500 3,600,000 60% 2,160,000 80% 2,880,000 60,480,000 66,960,000 66,960,000 86,400,000 89,280,000 86,400,000 89,280,000 89,280,000 86,400,000 66,960,000 64,800,000 66,960,00029 2500 3,600,000 60% 2,160,000 80% 2,880,000 60,480,000 66,960,000 66,960,000 86,400,000 89,280,000 86,400,000 89,280,000 89,280,000 86,400,000 66,960,000 64,800,000 66,960,00030 2800 4,032,000 60% 2,419,200 80% 3,225,600 67,737,600 74,995,200 74,995,200 96,768,000 99,993,600 96,768,000 99,993,600 99,993,600 96,768,000 74,995,200 72,576,000 74,995,20033 2500 3,600,000 60% 2,160,000 80% 2,880,000 60,480,000 66,960,000 66,960,000 86,400,000 89,280,000 86,400,000 89,280,000 89,280,000 86,400,000 66,960,000 64,800,000 66,960,00034 3600 5,184,000 60% 3,110,400 80% 4,147,200 87,091,200 96,422,400 96,422,400 124,416,000 128,563,200 124,416,000 128,563,200 128,563,200 124,416,000 96,422,400 93,312,000 96,422,40036 3000 4,320,000 60% 2,592,000 80% 3,456,000 72,576,000 80,352,000 80,352,000 103,680,000 107,136,000 103,680,000 107,136,000 107,136,000 103,680,000 80,352,000 77,760,000 80,352,00039 3000 4,320,000 60% 2,592,000 80% 3,456,000 72,576,000 80,352,000 80,352,000 103,680,000 107,136,000 103,680,000 107,136,000 107,136,000 103,680,000 80,352,000 77,760,000 80,352,00031 2500 3,600,000 60% 2,160,000 80% 2,880,000 60,480,000 66,960,000 66,960,000 86,400,000 89,280,000 86,400,000 89,280,000 89,280,000 86,400,000 66,960,000 64,800,000 66,960,00032 3000 4,320,000 60% 2,592,000 80% 3,456,000 72,576,000 80,352,000 80,352,000 103,680,000 107,136,000 103,680,000 107,136,000 107,136,000 103,680,000 80,352,000 77,760,000 80,352,00035 2775 3,996,000 60% 2,397,600 80% 3,196,800 67,132,800 74,325,600 74,325,600 95,904,000 99,100,800 95,904,000 99,100,800 99,100,800 95,904,000 74,325,600 71,928,000 74,325,60037 3000 4,320,000 60% 2,592,000 80% 3,456,000 72,576,000 80,352,000 80,352,000 103,680,000 107,136,000 103,680,000 107,136,000 107,136,000 103,680,000 80,352,000 77,760,000 80,352,00040 2500 3,600,000 60% 2,160,000 80% 2,880,000 60,480,000 66,960,000 66,960,000 86,400,000 89,280,000 86,400,000 89,280,000 89,280,000 86,400,000 66,960,000 64,800,000 66,960,00041 2575 3,708,000 60% 2,224,800 80% 2,966,400 62,294,400 68,968,800 68,968,800 88,992,000 91,958,400 88,992,000 91,958,400 91,958,400 88,992,000 68,968,800 66,744,000 68,968,800 27 1 2500 3,600,000 60% 2,160,000 80% 2,880,000 60,480,000 66,960,000 66,960,000 86,400,000 89,280,000 86,400,000 89,280,000 89,280,000 86,400,000 66,960,000 64,800,000 66,960,00028 1 2500 3,600,000 60% 2,160,000 80% 2,880,000 60,480,000 66,960,000 66,960,000 86,400,000 89,280,000 86,400,000 89,280,000 89,280,000 86,400,000 66,960,000 64,800,000 66,960,00038 1 3000 4,320,000 60% 2,592,000 80% 3,456,000 72,576,000 80,352,000 80,352,000 103,680,000 107,136,000 103,680,000 107,136,000 107,136,000 103,680,000 80,352,000 77,760,000 80,352,000 Washington 2 2500 3,600,000 60% 2,160,000 80% 2,880,000 - - - - - - - - - - - - Replace 22 2 2500 3,600,000 60% 2,160,000 80% 2,880,000 - - - - - - - - - - - - SUBTOTAL 54,050 77,832,000 1,313,755,200 1,186,617,600 1,313,755,200 1,695,168,000 1,751,673,600 1,695,168,000 1,751,673,600 1,751,673,600 1,695,168,000 1,313,755,200 1,271,376,000 1,313,755,200 65,923,200 72,986,400 72,986,400 94,176,000 97,315,200 94,176,000 97,315,200 97,315,200 94,176,000 72,986,400 70,632,000 72,986,400

8.6 8.6 9.6 7.2 6.1 7.0 7.5 7.2 6.3 8.1 9.8 9.2

10.7 10.6 11.1 9.9 9.9 10.4 11.1 11.1 10.7 13.4 12.5 11.3 Ave Winter Month Ave Summer Month Annual (Total)
656,314,175 644,532,078 7,805,077,518821,413,785 1,015,325,943 11,020,438,370 1,349,071,200 1,659,852,000 18,053,539,200
92,214,000 74,948,400 1,002,974,400

8.8 7.0 7.8

11.0 11.0 11.0
NOTES 1
:

NOTES 2
:
46,699,200 62,265,600

FUTURE POTENTIAL PRODUCTION OF EXISTING WELLS
3-YEAR HISTORICAL AVERAGE WELL SUPPLY
3-YEAR HISTORICAL AVERAGE IMPORT
3-YEAR HISTORICAL AVERAGE DEMAND

BASIN PRODUCTION PERCENTAGE

CITY OF SANTA ANA HISTORICAL AND PROJECTED WATER SUPPLY AND DEMAND TABLE A-1

THREE-YEAR HISTORICAL PERIOD
Winter Maximum
Run Daily
Production at
Estimated %
Capacity (GAL)
Summer
Maximum Run
Daily Production
at Estimated %
Capacity (GAL)
Average Number of Wells Required to Meet Average Well Supply Future WellsWells expected to require PFAS Treatment in Future Average Per Well per Month (Gal) (Assuming 18 wells)
Average Number of Wells Required to Meet Average Well Supply Average Number of Wells Required to Meet Average Demand (Well & Import)

SUMMARY PER TYPICAL WINTER/SUMMER MONTHS
3-year Historical Average Well Supply (Gal)
Average Number of Wells Required to Meet Average Demand (Well & Import)

SUMMARY PER MONTH
3-year Historical Average Demand (Gal)
Average Well Potential Production (Gal)
Average Per Well (assuming 18 wells) (Gal)
 City Council 30 – 425/17/2022  January February March April May June July August September October November December TOTAL

WELL NUMBER
Estimated Ave
Well Capacity
(GPM)
Theoretical
Maximum
(100%) Daily
Production
(GAL)
Month Maximum
Production - Winter
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Month Maximum
Production - Winter
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month Maximum
Production -
Summer
(GAL)
Month Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Month Maximum
Production -
Winter
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Annual
Production
(GAL)
461,731,000 511,222,833 574,312,333 770,922,667 757,851,500 688,821,833 727,434,500 675,185,167 628,488,667 556,316,833 505,626,167 463,065,667 7,320,979,167 122,133,121 82,858,390 84,053,955 88,278,557 118,765,428 162,666,405 232,045,877 320,180,624 302,601,705 259,888,414 224,292,908 177,109,114 2,174,874,498 583,864,121 594,081,223 658,366,288 859,201,224 876,616,928 851,488,239 959,480,377 995,365,791 931,090,372 816,205,248 729,919,074 640,174,781 9,495,853,665

79.1% 86.1% 87.2% 89.7% 86.5% 80.9% 75.8% 67.8% 67.5% 68.2% 69.3% 72.3% 77.1% 25 2,348,720 1,631 70% 1,644,104 90% 2,113,848 46,034,912 50,967,224 50,967,224 63,415,440 65,529,288 63,415,440 65,529,288 65,529,288 63,415,440 50,967,224 49,323,120 50,967,22426 4,361,160 3,029 70% 3,052,812 90% 3,925,044 85,478,736 94,637,172 94,637,172 117,751,320 121,676,364 117,751,320 121,676,364 121,676,364 117,751,320 94,637,172 91,584,360 94,637,17227 4,112,320 2,856 70% 2,878,624 90% 3,701,088 80,601,472 89,237,344 89,237,344 111,032,640 114,733,728 111,032,640 114,733,728 114,733,728 111,032,640 89,237,344 86,358,720 89,237,344 8 1 2,187,080 1,519 70% 1,530,956 90% 1,968,372 42,866,768 47,459,636 47,459,636 59,051,160 61,019,532 59,051,160 61,019,532 61,019,532 59,051,160 47,459,636 45,928,680 47,459,6369 1 2,053,280 1,426 70% 1,437,296 90% 1,847,952 40,244,288 44,556,176 44,556,176 55,438,560 57,286,512 55,438,560 57,286,512 57,286,512 55,438,560 44,556,176 43,118,880 44,556,176 18 2 1,440,000 1,000 70% 1,008,000 90% 1,296,000 28,224,000 31,248,000 31,248,000 38,880,000 40,176,000 38,880,000 40,176,000 40,176,000 38,880,000 31,248,000 30,240,000 31,248,00019 3 3,328,960 2,312 70% 2,330,272 90% 2,996,064 65,247,616 72,238,432 72,238,432 89,881,920 92,877,984 89,881,920 92,877,984 92,877,984 89,881,920 72,238,432 69,908,160 72,238,43220 3 3,272,280 2,272 70% 2,290,596 90% 2,945,052 64,136,688 71,008,476 71,008,476 88,351,560 91,296,612 88,351,560 91,296,612 91,296,612 88,351,560 71,008,476 68,717,880 71,008,47621 3 3,792,560 2,634 70% 2,654,792 90% 3,413,304 74,334,176 82,298,552 82,298,552 102,399,120 105,812,424 102,399,120 105,812,424 105,812,424 102,399,120 82,298,552 79,643,760 82,298,55222 3 3,023,255 2,099 70% 2,116,279 90% 2,720,930 59,255,803 65,604,639 65,604,639 81,627,891 84,348,821 81,627,891 84,348,821 84,348,821 81,627,891 65,604,639 63,488,360 65,604,63923 1 2,301,069 1,598 70% 1,610,748 90% 2,070,962 45,100,954 49,933,199 49,933,199 62,128,865 64,199,828 62,128,865 64,199,828 64,199,828 62,128,865 49,933,199 48,322,451 49,933,19924 1 5,057,236 3,512 70% 3,540,065 90% 4,551,513 99,121,833 109,742,029 109,742,029 136,545,382 141,096,895 136,545,382 141,096,895 141,096,895 136,545,382 109,742,029 106,201,964 109,742,029 28* 4,320,000 3,000 70% 3,024,000 90% 3,888,000 - - - - - - - - - - - -29* 4,320,000 3,000 70% 3,024,000 90% 3,888,000 - - - - - - - - - - - - SUBTOTAL 31,887 45,917,921 730,647,246 808,930,879 808,930,879 1,006,503,859 1,281,109,987 1,006,503,859 1,281,109,987 1,281,109,987 1,006,503,859 808,930,879 782,836,335 808,930,879 60,887,270 67,410,907 67,410,907 83,875,322 106,759,166 83,875,322 106,759,166 106,759,166 83,875,322 67,410,907 65,236,361 67,410,907

6.8 8.4 8.5 9.2 7.1 8.2 6.8 6.3 7.5 8.3 7.8 6.98.7 9.8 9.8 10.2 8.2 10.2 9.0 9.3 11.1 12.1 11.2 9.5 Ave Winter Month Ave Summer Month Annual (Total)
547,813,444 672,349,750 7,320,979,167677,601,119 905,041,159 9,495,853,665824,463,346 1,110,878,093 11,612,048,634 100,988,918 74,951,213 1,055,640,785

7.3 6.7 6.99.0 9.0 9.0
NOTES: 1 Wells 8, 9, 19, 23, and 24 not currently producing due to PFAS. 2 Well 18 expected to be shut down in 5-7 years.3 Wells 20, 21, and 22 to possibly be shut down due to PFAS. *

CITY OF ORANGE HISTORICAL AND PROJECTED WATER SUPPLY AND DEMAND TABLE A-2
Average Per Well per Month (Gal) (Assuming 12 wells)

SUMMARY PER MONTH
Average Number of Wells Required to Meet Average Well Supply

THREE-YEAR HISTORICAL PERIOD
Winter
Maximum Run
Daily Production
at Estimated %
Capacity (GAL)
Summer
Maximum Run
Daily Production
at Estimated %
Capacity (GAL)
Average Per Well (assuming 11 wells) (Gal)
Future Wells
3-YEAR HISTORICAL AVERAGE WELL SUPPLY
3-YEAR HISTORICAL AVEARAGE IMPORT
3-YEAR HISTORICAL AVERAGE DEMAND

BASIN PRODUCTION PERCENTAGE

FUTURE POTENTIAL PRODUCTION OF EXISTING WELLS
32,142,544 41,326,129
Average Number of Wells Required to Meet Average Well Supply Average Number of Wells Required to Meet Average Demand (Well & Import)

SUMMARY PER TYPICAL WINTER/SUMMER MONTHS
3-year Historical Average Well Supply (Gal)
3-year Historical Average Demand (Gal)
Average Well Potential Production (Gal)
Average Number of Wells Required to Meet Average Demand (Well & Import)  City Council 30 – 435/17/2022  January February March April May June July August September October November December TOTAL

WELL NAME
Estimated Ave
Well Capacity
(GPM)
Theoretical
Maximum
(100%) Daily
Production
(GAL)
Month Maximum
Production -
Winter
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Month Maximum
Production - Winter
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Summer
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Month
Maximum
Production -
Winter
(GAL)
Annual
Production
(GAL)
142,330,184 183,828,943 210,850,279 239,364,111 251,682,086 280,967,149 267,649,832 220,485,239 212,664,302 199,173,186 179,751,194 144,068,170 2,532,814,676 62,295,933 2,324,556 3,204,412 37,779,469 44,644,513 26,200,138 77,764,008 126,840,385 106,505,950 103,268,951 78,426,615 84,183,693 753,438,621 204,626,117 186,153,499 214,054,691 277,143,580 296,326,599 307,167,287 345,413,839 347,325,624 319,170,252 302,442,137 258,177,808 228,251,863 3,286,253,297

69.6% 98.8% 98.5% 86.4% 84.9% 91.5% 77.5% 63.5% 66.6% 65.9% 69.6% 63.1% 77.1% T-17S4 2,160,000 1,500 70% 1,512,000 90% 1,944,000 42,336,000 46,872,000 46,872,000 58,320,000 60,264,000 58,320,000 60,264,000 60,264,000 58,320,000 46,872,000 45,360,000 46,872,000 T-COLU 1,728,000 1,200 70% 1,209,600 90% 1,555,200 33,868,800 37,497,600 37,497,600 46,656,000 48,211,200 46,656,000 48,211,200 48,211,200 46,656,000 37,497,600 36,288,000 37,497,600 T-ED 1,728,000 1,200 70% 1,209,600 90% 1,555,200 33,868,800 37,497,600 37,497,600 46,656,000 48,211,200 46,656,000 48,211,200 48,211,200 46,656,000 37,497,600 36,288,000 37,497,600 T-NEWP 1,152,000 800 70% 806,400 90% 1,036,800 24,998,400 22,579,200 24,998,400 31,104,000 32,140,800 31,104,000 32,140,800 32,140,800 31,104,000 24,998,400 24,192,000 24,998,400 T-PAS 2,592,000 1,800 70% 1,814,400 90% 2,332,800 50,803,200 56,246,400 56,246,400 69,984,000 72,316,800 69,984,000 72,316,800 72,316,800 69,984,000 56,246,400 54,432,000 56,246,400 T-WAL 1,152,000 800 70% 806,400 90% 1,036,800 - - - - - - - - - - - - T-MS3 2 792,000 550 70% 554,400 90% 712,800 - - - - - - - - - - - -T-MS4 2 936,000 650 70% 655,200 90% 842,400 - - - - - - - - - - - - T-PROS 3 936,000 650 70% 655,200 90% 842,400 18,345,600 20,311,200 20,311,200 25,272,000 26,114,400 25,272,000 26,114,400 26,114,400 25,272,000 20,311,200 19,656,000 20,311,200 T-TUST 3 936,000 650 70% 655,200 90% 842,400 18,345,600 20,311,200 20,311,200 25,272,000 26,114,400 25,272,000 26,114,400 26,114,400 25,272,000 20,311,200 19,656,000 20,311,200 T-VNBG 3 1,728,000 1,200 70% 1,209,600 90% 1,555,200 33,868,800 37,497,600 37,497,600 46,656,000 48,211,200 46,656,000 48,211,200 48,211,200 46,656,000 37,497,600 36,288,000 37,497,600 NEW 1 2,160,000 1,500 70% 1,512,000 90% 1,944,000 - - - - - - - - - - - - SUBTOTAL 12,500 18,000,000 254,016,000 281,232,000 281,232,000 349,920,000 361,584,000 349,920,000 361,584,000 361,584,000 349,920,000 281,232,000 272,160,000 281,232,000 31,752,000 35,154,000 35,154,000 43,740,000 45,198,000 43,740,000 45,198,000 45,198,000 43,740,000 35,154,000 34,020,000 35,154,000

4.0 5.8 6.0 5.5 5.6 6.4 5.9 4.9 4.9 5.7 5.3 4.15.8 5.9 6.1 6.3 6.6 7.0 7.6 7.7 7.3 8.6 7.6 6.5 Ave Winter Month Ave Summer Month Annual (Total)
183,365,480 238,770,299 2,532,814,676228,067,927 319,640,956 3,286,253,297286,632,000 344,304,000 3,785,616,000 43,038,000 35,829,000 473,202,000

5.1 5.5 5.46.4 7.4 6.9
NOTES: 1 New well expected in 2-3 years as replacement for T-BENE well. 2 Wells T-MS3 and T-MS4 not producing since RO system is not operable.3 Wells T-PROS, T-TUST, AND T-VNBG to possibly be shut down due to PFAS. 16,200,000
Average Number of Wells Required to Meet Average Well Supply Average Number of Wells Required to Meet Average Demand (Well & Import) 3-YEAR HISTORICAL AVERAGE WELL SUPPLY
3-YEAR HISTORICAL AVERAGE IMPORT
3-YEAR HISTORICAL AVERAGE DEMAND

BASIN PRODUCTION PERCENTAGE

FUTURE POTENTIAL PRODUCTION OF EXISTING WELLS
TABLE A-3

CITY OF TUSTIN HISTORICAL AND PROJECTED WATER SUPPLY AND DEMAND

THREE-YEAR HISTORICAL PERIOD
Average Number of Wells Required to Meet Average Demand (Well & Import)

SUMMARY PER MONTH
Average Number of Wells Required to Meet Average Well Supply Average Per Well per Month (Gal) (Assuming 8 wells)
Winter Maximum
Run Daily
Production at
Estimated %
Capacity (GAL)
Summer Maximum
Run Daily
Production at
Estimated %
Capacity (GAL)
3-year Historical Average Demand (Gal)
Average Well Potential Production (Gal)
Average Per Well (assuming 8 wells) (Gal)

SUMMARY PER TYPICAL WINTER/SUMMER MONTHS
3-year Historical Average Well Supply (Gal)
12,600,000
 City Council 30 – 445/17/2022  Orange County Water District
Moulton Niguel Water District

EVAULATION OF GROUNDWATER CONVEYANCE OPTIONS

FINAL DRAFT PRELIMINARY REPORT
(CONNECTIONS TO THE EAST ORANGE COUNTY FEEDER #2)

APPENDIX B

PUMP STATION CONCEPTUAL LAYOUT
City Council 30 – 45 5/17/2022

CONCEPTUAL LAYOUT
 City Council 30 – 465/17/2022  Orange County Water District
Moulton Niguel Water District

EVAULATION OF GROUNDWATER CONVEYANCE OPTIONS

FINAL DRAFT PRELIMINARY REPORT
(CONNECTIONS TO THE EAST ORANGE COUNTY FEEDER #2)

APPENDIX C
TYPICAL CONNECTION TO EOCF#2
City Council 30 – 47 5/17/2022

CONCEPTUAL
 City Council 30 – 485/17/2022 

CONCEPTUAL
 City Council 30 – 495/17/2022 

CONCEPTUAL
 City Council 30 – 505/17/2022  Orange County Water District
Moulton Niguel Water District

EVAULATION OF GROUNDWATER CONVEYANCE OPTIONS

FINAL DRAFT PRELIMINARY REPORT
(CONNECTIONS TO THE EAST ORANGE COUNTY FEEDER #2)

APPENDIX D

PRELIMINARY ESTIMATES OF

PROBABLE CONSTRUCTION COSTS
City Council 30 – 51 5/17/2022
City of Santa Ana - East Station Facility
Item No. Description Quantity Units Unit Cost Item Cost 1 Mobilization/Demobilization/Miscellaneous LS 1,200,000 1 $ $ 1,200,0002 EOCF#2 Pump Station (4 pumps - 400 hp motors) w/Surge Tank 1 LS 3,400,000 $ 3,400,000 $ 3 Reservoir Piping/Connections LS 1 $ 80,000 $ 80,0004 East Station Pump Station Upgrade LS 300,000 1 $ $ 300,0005 New Well and Chlorination Treatment (to reservoir) LS 3,600,000 1 $ $ 3,600,0006 24-inch EOCF#2 Water Main LF 4,300 $ 1,720,000 400 $ 7 24-inch EOCF#2 Water Main (Arterial Street) LF 1,300 $ 650,000 500 $ 8 Pavement Replacement (Grind and Cap) 160,000 SF $ 480,000 3 $ 9 Pressure Reducing Facility (above ground) at SA-7 PRS Facility 1 LS 100,000 $ 100,000 $ 10 Piping Connections at SA-7 PRS Facility LS 1 $ 60,000 $ 60,00011 Connection to SA 24-inch Piping including 24" Valve on exist. Piping LS 1 $ 80,000 $ 80,00012 24-inch Piping and Valve LS 1 $ 60,000 $ 60,00013 24-inch Meter Flow Control Vault LS 230,000 1 $ $ 230,00014 Connection to SA-7 Piping including 24" Valve on existing Piping LS 120,000 1 $ $ 120,00015 Electrical and Scada Control Facilities LS 100,000 1 $ $ 100,00016 Redhill and Warner Pavement (Grind and Cap) 40,000 SF $ 120,000 3 $ SUBTOTAL 12,300,000 $
30% CONTINGENCY 3,700,000 $
TOTAL 16,000,000 $
14 cfs Excess Groundwater
 City Council 30 – 525/17/2022  City of Santa Ana - Cambridge Facility
Item No. Description Quantity Units Unit Cost Item Cost 1 Mobilization/Demobilization/Miscellaneous LS 1,100,000 1 $ $ 1,100,0002 EOCF#2 Pump Station (4 pumps - 250 hp motors) w/Surge Tank 1 LS 3,000,000 $ 3,000,000 $ 3 Reservoir Piping/Connections LS 120,000 1 $ $ 120,0004 New Well 22 Replacement and Chlorination Treatment (to reservoir) 1 LS 3,600,000 $ 3,600,000 $ 5 18-inch EOCF#2 Water Main LF 3,900 $ 1,404,000 360 $ 6 18-inch EOCF#2 Water Main (Arterial Street) LF 2,200 $ 990,000 450 $ 7 Pavement Replacement (Grind and Cap) 200,000 SF $ 600,000 3 $ 8 Pressure Reducing Facility LS 200,000 1 $ $ 200,0009 18-inch Meter Flow Control Vault LS 200,000 1 $ $ 200,000 10 Connection to SA-6 Piping including two Valves LS 186,000 1 $ $ 186,00011 Electrical and Scada Control Facilities LS 100,000 1 $ $ 100,000 SUBTOTAL 11,500,000 $
30% CONTINGENCY 3,500,000 $
TOTAL 15,000,000 $
10 cfs Excess Groundwater
 City Council 30 – 535/17/2022  City of Orange - City Yard
12 cfs Excess Groundwater
Item No. Description Quantity Units Unit Cost Item Cost 1 Mobilization/Demobilization/Miscellaneous LS 1,310,000 1 $ 1,310,000 $ 2 EOCF#2 PS (4 pumps - 250 hp motors) w/ 2 Surge Tanks LS 3,000,000 1 $ 3,000,000 $ 3 New Well with Chlorination Treatment LS 3,400,000 1 $ 3,400,000 $ 4 Reservoir Piping/Almond Ave Connections LS 110,000 1 $ 110,000 $ 5 18-inch EOCF#2 Water Main LF 360 2,440 $ 878,400 $ 6 18-inch EOCF#2 Water Main (Arterial Street) LF 480 1,500 $ 720,000 $ 7 18-inch Bore & Jack of Santiago Creek LF 2,000 400 $ 800,000 $ 8 Pavement Replacement (Grind and Cap) SF 3 160,000 $ 480,000 $ 9 Pressure Reducing Facility LS 189,600 1 $ 189,600 $ 10 18-inch Meter Flow Control Vault LS 200,000 1 $ 200,000 $ 11 Connection to OC-42 Piping including two Valves LS 200,000 1 $ 200,000 $ 12 Electrical and Scada Control Facilities LS 100,000 1 $ 100,000 $ 13 12-inch Distribution System Improvements (Lincoln St) LF 280 700 $ 196,000 $ 14 Connections at Almond and Chapman EA 50,000 2 $ 100,000 $ 15 12-inch Distribution Improvements - Phased (Chapman) LF 420 800 $ 336,000 $ 16 12-inch Bore & Jack on Chapman LF 1,800 600 $ 1,080,000 $ SUBTOTAL 13,100,000 $
30% CONTINGENCY 3,900,000 $
TOTAL 17,000,000 $
 City Council 30 – 545/17/2022  City of Orange - Batavia Plant
7 cfs Excess Groundwater
Item No. Description Quantity Units Unit Cost Item Cost 1 Mobilization/Demobilization/Miscellaneous LS 1,300,000 1 $ 1,300,000 $ 2 Demolition of Existing Steel Tank LS 400,000 1 $ 400,000 $ 3 Demolition of Existing Pump Station LS 200,000 1 $ 200,000 $ 4 Abandon/Demolish Existing Well No. 1 LS 200,000 1 $ 200,000 $ 5 EOCF#2 PS (3 pumps - 200 hp motors) w/ 2 Surge Tanks LS 2,800,000 1 $ 2,800,000 $ 6 New Well with Chlorination Treatment LS 3,400,000 1 $ 3,400,000 $ 7 Piping Connections (Batavia) LS 52,000 1 $ 52,000 $ 8 16-inch EOCF#2 Water Main LF 320 8,400 $ 2,688,000 $ 9 16-inch EOCF#2 Bore & Jack (culvert/railroad/Tustin) LF 2,000 400 $ 800,000 $ 10 Pavement Replacement (Grind and Cap) SF 3 200,000 $ 600,000 $ 11 Pressure Reducing Facility LS 180,000 1 $ 180,000 $ 12 16-inch Meter Flow Control Vault LS 200,000 1 $ 200,000 $ 13 Connection to OC-40 Piping including two Valves LS 180,000 1 $ 180,000 $ 14 Electrical and Scada Control Facilities LS 100,000 1 $ 100,000 $ SUBTOTAL 13,100,000 $
30% CONTINGENCY 3,900,000 $
TOTAL 17,000,000 $
 City Council 30 – 555/17/2022  Tustin - Walnut Well Site
Item No. Description Quantity Units Unit Cost Item Cost 1 Mobilization/Demobilization/Miscellaneous LS 1,000,000 1 $ 1,000,000 $ 2 Demolish/Abandon Walnut Well LS 60,000 1 $ 60,000 $ 3 EOCF#2 Pump Station (3 pumps - 200 hp motors) LS 2,600,000 1 $ 2,600,000 $ 4 Piping Connection within Walnut LS 40,000 1 $ 40,000 $ 5 12-inch EOCF#2 Water Main LF 300 3,300 $ 990,000 $ 6 Pavement Replacement (Grind and Cap) LS 3 80,000 $ 240,000 $ 7 Pressure Reducing Facility LS 150,000 1 $ 150,000 $ 8 12-inch Meter Flow Control Vault LS 150,000 1 $ 150,000 $ 9 Connection to OC-43 Piping including two Valves LS 100,000 1 $ 100,000 $ 10 Electrical and Scada Control Facilities LS 100,000 1 $ 100,000 $ 12 OC-43 Connection and Meter Vault Upgrades ** LS 770,000 1 $ 770,000 $ 13 New Well ** LS 3,600,000 1 $ 3,600,000 $ 14 Upgrade RO Treatment Facilities ** LS 500,000 1 $ 1,000,000 $ SUBTOTAL 10,800,000 $
30% CONTINGENCY 3,200,000 $
** Cost is place holder until further evaluation is performed TOTAL 14,000,000 $
3 to 5 cfs Excess Groundwater
 City Council 30 – 565/17/2022 

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AGREEMENT TO CONDUCT PRELIMINARY DESIGN STUDY AND

ENVIRONMENTAL ANALYSIS FOR WATER DISTRIBUTION INTERCONNECTION THIS AGREEMENT is made and entered into this 17th day of May, 2022 by and between Stantec Consulting Services Inc. (“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. In support of a concurrent Interagency Agreement with the Orange County Water District and the Moulton Niguel Water District to evaluate the feasibility of a potential interconnection between the City’s water distribution system and MNWD’s water conveyance infrastructure, the City wishes to enter into an agreement for the development of a preliminary design study and environmental analysis of this potential interconnection.

B. Pursuant to the Interagency Agreement, the funding for these services will be provided by MNWD.

C. 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 respective scope of work that is described on Exhibit A.

D. 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 are described in the scope of work attached Exhibit A.

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 A. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $200,000.
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting City Council 30 – 57 5/17/2022

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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 the date first written above and terminate on May 16, 2025, unless terminated earlier in accordance with Section 17, below.

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

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

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

Consultant shall require all 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 City Council 30 – 58 5/17/2022

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Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
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 limits 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.
• Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

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 City Council 30 – 59 5/17/2022

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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).

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
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 Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

City Council 30 – 60 5/17/2022

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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 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.

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

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

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.

City Council 30 – 61 5/17/2022

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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 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 City Council 30 – 62 5/17/2022

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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
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Stantec Consulting Services Inc.
38 Technology Dr
Irvine, CA 92618
Attn: James A. Cathcart
Senior Principal

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.

City Council 30 – 63 5/17/2022

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

16. 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, 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 City Council 30 – 64 5/17/2022

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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.

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

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

ATTEST:
________________________

DAISY GOMEZ
Clerk of the Council

APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By: _____________________
John M. Funk
Sr. Assistant City Attorney

CITY OF SANTA ANA
_________________________

KRISTINE RIDGE
City Manager

CONSULTANT
____________________________
Name: James A. Cathcart
Title: Senior Principal
James A. Cathcart Digitally signed by James A.

Cathcart
Date: 2022.04.25 11:37:31 -07'00'
City Council 30 – 65 5/17/2022

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RECOMMENDED FOR APPROVAL
____________________________
Nabil Saba, P.E.

Executive Director
Public Works Agency
City Council 30 – 66 5/17/2022

EXHIBIT A
Stantec Consulting Services Inc.
38 Technology Drive
Irvine CA 92618-5312
March 30, 2022
Mr. Cesar Barrera, P.E.

Deputy Public Works Director-Water Resources
City of Santa Ana
215 S. Center Street
Santa Ana, CA 92703
Dear Mr. Barrera:

Reference: Proposal to Evaluate a Water Interconnection with Moulton Niguel Water District As requested during our meeting of March 8, 2022, Stantec is pleased to provide you with this letter proposal for professional engineering services to support the City of Santa Ana’s (City) investigation into an emergency water interconnection with the Moulton Niguel Water District (MNWD). Our proposed scope of services is based on our meeting and our understanding of the City’s needs. Our experience with negotiating wholesale water agreements and reviewing water system engineering designs will help the City determine if the proposed interconnection will provide improved access to infrastructure, operational flexibility, and improve the financial position of the City to the benefit of the water fund and rate payers.

The reviews and evaluations described in the scope below are intended to help inform City staff, including the City Attorney, and the City Council, as they make business decisions regarding proposed service agreements with neighboring water utilities. Our services are not intended to supplant the legal review and evaluation of any draft agreements between the City and MNWD or other stakeholders, conducted by the City Attorney or other legal counsel secured by the City.

Scope of Services
The scope of work will cover a range of tasks as summarized below. Any of these items may require more work than what is available in the budget, therefore, work will continue under this agreement up until the budget limit is met. No work beyond the approved budget will be performed without prior written authorization from the City.

Task 1—Project Administration
Provide meeting scheduling and meeting agendas as needed. Request additional data as needed, bill the client monthly and manage subconsultant payments.

City Council 30 – 67 5/17/2022
March 30, 2022
Mr. Cesar Barrera, P.E.

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Reference: Proposal to Evaluate a Water Interconnection with Moulton Niguel Water District Attend regular progress review meetings with the City.

Task 2 – Review Request for Proposals
Assist the City in reviewing the content for MNWD’s two Request for Proposals for procuring preliminary engineering and environmental consulting services and assist in reviewing and providing input on proposals received.

Task 3—Engineering Review
Review and evaluate the preliminary design prepared by MNWD to identify and size the necessary infrastructure to deliver up to 14 cubic feet per second (cfs) to MNWD during an emergency condition. Evaluate potential water quality implications associated with reversing flows within the City’s system, review the City’s system-wide hydraulic model analysis to verify findings. Review preliminary designs for a new production well, treatment facility, pump station, pressure regulating facilities, connection to the EOCF#2, and any additional facilities required to maintain City service. Review the operating conditions and recommended operating protocols for using the infrastructure under normal operating conditions and emergency conditions. Review any existing reports, such as those prepared by TetraTech.

Task 4—Environmental Review
Review and evaluate the findings of environmental studies for the proposed facilities based on the preliminary design analysis. The review will include the initial study and/or Environmental Impact Report, as well as any other appropriate CEQA documents, including a mitigation monitoring and reporting program if necessary. Review identified permits required to implement the proposed interconnection.

Task 5—Business and Financial Analysis and Support
Review the commercial terms of any draft agreements with MNWD, MWDOC, OCWD, or other stakeholder(s) from the perspective of City Water Department operations and potential financial risk and evaluate if the terms of any agreement are in the interest of the City and its water rate payers.

Task 6—Assist with Preparation of Materials for City Staff and City Council Review internal documents prepared by Water Department staff for internal City communications and/or Staff update reports to City Council regarding the status of City Council 30 – 68 5/17/2022
March 30, 2022
Mr. Cesar Barrera, P.E.

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Reference: Proposal to Evaluate a Water Interconnection with Moulton Niguel Water District agreements and negotiations with MNWD.

Prepare Technical Memoranda (engineering and/or financial analyses) pertaining to the findings of Tasks 3, 4 and 5 (assume one memorandum for each task), if requested.

Task 7—Stakeholder Engagement
Attend meetings as requested with the Municipal Water District of Orange County (MWDOC) and other agencies responsible for the operation and maintenance of the EOCF#2 to identify the operational challenges to using the EOCF#2 under emergency conditions. Review mitigations or solutions to address operational challenges identified as part of the preliminary design. Assist in preparing presentation materials and or attending meetings with various stakeholders including Orange County Water District (OCWD) or other Orange County groundwater producers. Attend other stakeholder meetings as requested.

Task 8—Additional Agreement
Assist in preparing a subsequent agreement between the City, MNWD, MWDOC, and OCWD detailing the construction, operation, and funding of the recommended facilities if the City elects to proceed with final design. Assist with preparing presentation materials and meeting with the governing boards of stakeholders as requested.

Proposed Fee
The estimated scope of work for engineering and financial review services are estimated to cover a two-year period with an initial budget estimate of $200,000 as detailed in the table. Fees will be invoiced based on time and materials.

Task Budget, dollars
1 Project Administration $15,000
2 Review Requests for Proposal 5,000
3 Engineering Review 70,000
4 Environmental Review 20,000
5 Business and Financial Analysis and Support 60,000
6 Assist with Preparation of Materials for City Staff and City Council 10,000 7 Stakeholder Agreement 10,000
8 Additional Agreement 10,000
Total $200,000
City Council 30 – 69 5/17/2022
March 30, 2022
Mr. Cesar Barrera, P.E.

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Reference: Proposal to Evaluate a Water Interconnection with Moulton Niguel Water District Hourly Rates
Our currently hourly rates for proposed key staff for this assignment are shown below.

Please note that hourly rates are subject to annual increases as of January 1st of each calendar year.

Key Staff Role Billing Rate
Jim Cathcart Engineering Advisor $350
William Zieburtz Senior Financial Advisor II $350
Sally Van Etten Senior Financial Advisor I $275
Mark Hildebrand Hildebrand Consulting $250
Other support staff will be billed at current hourly rates ranging from $100 to $275.

Sincerely yours,
STANTEC CONSULTING SERVICES INC.

James A. Cathcart PE, F. ASCE
Senior Principal
Office: 949-328-2405
Mobile: 949-456-7346
[email protected]
Sally Van Etten
Principal
Phone: 510-332-4924
[email protected]
City Council 30 – 70 5/17/2022
Public Works Agency
www.santa-ana.org/pw
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 17, 2022
TOPIC: King Street Urban Greening Project

AGENDA TITLE
Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Grant Agreements with the California Department of Transportation for the King Street Urban Greening Project

RECOMMENDED ACTION
Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute grant agreements with the California Department of Transportation for the King Street Urban Greening Project.

DISCUSSION
The Clean California Local Grant Program (CCLGP) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. Almost $300 million was made available statewide for projects that reduced waste and debris, installed measures to beautify and improve public spaces and mitigate the urban heat island effect, improved public spaces for walking and recreation, and advanced equity for underserved communities.

The Public Works Agency submitted a successful application for $1.49 million of funding for the King Street Urban Greening Project. The project includes the transformation of 9,000 square feet of unused public space at the intersection of King Street and 10th Street, which is in line with the City’s Parks Master Plan objective of increasing open space in the City. The project features bicycle and pedestrian pathways, drought-tolerant landscaping, lighting, waste receptacles, seating, interpretive signage, art, and a stormwater infiltration system that will capture and infiltrate stormwater runoff form the surrounding neighborhood.

A resolution authorizing the Executive Director of the Public Works Agency to enter into the Restricted Grant Agreement (RGA) with Caltrans is required for the project (Exhibit 1).

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

City Council 31 – 1 5/17/2022
King Street Urban Greening Program
May 17, 2022

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