Santa Ana City Council
June 21, 2022

1) Comply with Sustainable Water Use and Demand Reduction requirements outlined in Part

2.55 (commencing with§ 10608) of Division 6 of the Water Code. 2) Have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. For more information, visit the following website:
http://www.water.ca.gov/wateruseefficiency/agricultural/agmgmt.cfm. c} Grantees diverting surface water must maintain compliance with diversion reporting requirements as outlined in Part 5.1 of Division 2 of the Water Code. d) Grantee and Local Project Sponsors must demonstrate compliance with the groundwater compliance options set forth on pages 11 and 12 of the 2016 IRWM Program Guidelines, dated July 2016.
e) Grantee and Local Project Sponsors that have been designated as monitoring entities under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program must maintain reporting compliance, as required by Water Code § 10920 and the CASGEM Program.

12. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this . Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall be responsible for observing and complying with any applicable federal, state, and locdl laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to State.

13. RELATIONSHIP OF PARTIES. Grantee is solely responsible for design, construction, and operation and maintenance of project within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement.

14. LABOR COMPLIANCE. The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labo( Code are being met.

Current Department of Industrial Relations (DIR) requirements may be found at:
http://www.dir.ca.gov/lcp.asp. For more information, please refer to DI R's Public Works Manual at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf.

15. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to State. If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports.

Reports shall be presented in the formats described in the applicable portion of Exhibit F. The timely submittal of reports is a requirement for initial and continued disbursement of State funds.

Submittal and subsequent approval by the State of a Final Report is a requirement for the release of any funds retained for such project.
a) Progress Reports: Grantee shall submit progress reports quarterly to meet the State's requirement for disbursement of funds. The progress reports shall be sent via e-mail to the State's Project Manager and shall be uploaded into GRanTS. The progress reports shall provide a brief description of the work performed during the reporting period including: Grantee's City Council 41 – 16 6/21/2022
Grant Agreement No. 4600011889

activities, milestones achieved, any accomplishments, and any problems encountered in the performance of the work under this Agreement.
b) Final Report: Upon completion of the project included in Exhibit A, Grantee shall submit to State a Final Report. The Final Report shall be submitted within ninety (90) calendar days of completion of the project. The Final Report shall include a stakeholder summary; description of involvement activities and the projects developed from those activities; discussion of findings from the needs assessment, identification of ongoing barriers, and recommendations for future activities; and a list of references. Retention will not be disbursed until the Final Report is submitted to and approved by the State.
c) Post-Performance Reports: Grantee shall submit Post-Performance Reports, if applicable. PostPerformance Reports shall be submitted to State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of 1 O years after the completed project(s) begins operation.

16. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. Grantee or their successors may, with the written approval of State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, "useful life" means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and "maintenance costs" include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of _funds necessary to replace or reconstruct capital assets or basic structures. Refusal of Grantee to ensure operation and maintenance of the project in accordance with .this provision may, at the option of State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph l 0, "Default Provisions."

17. STATEWIDE MONITORING REQUIREMENTS. Grantee shall ensure _that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Part 2.76 (commencing with§ 10780) of Division 6 of California Water Code) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. See Exhibit H (Requirements for Statewide Monitoring and Data Submittal), for web links and information regarding other State monitoring and data reporting requirements.

18. NOTIFICATION OF STATE. Grantee shall promptly notify State, in writing, of the following items:
a) Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. Grantee agrees that no substantial change in the scope of a project City Council 41 – 17 6/21/2022
Grant Agreement No. 4600011889

will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the work plan, schedule or term, and budget. b) Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by State's representatives. Grantee shall make such notification at least 14 calendar days prior to the event.
c) Final inspection of the completed work on a project by a California Registered Professional (Civil Engineer or Geologist, as appropriate), in accordance with Standard Condition D.19 in Exhibit D. Grantee shall notify the State's Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide State the opportunity to participate in the inspection.

19. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:
a) By delivery in person.
b) By certified U.S. mail, return receipt requested, postage prepaid. c) By "overnight" delivery service; provided that next-business-day delivery is requested by the sender.
d) By electronic means.

Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (IO} calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses set forth in Paragraph 21. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.

20. PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, Grantee's performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.

City Council 41 – 18 6/21/2022
Grant Agreement No. 4600011889

21. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources
Arthur Hinojosa
Chief, Division of IRWM
P.O. Box 942836
Sacramento CA 94236-0001
Phone: (916} 653-4736
e-mail: [email protected]
Direct all inquiries to the Project Manager:

Department of Water Resources
Mehdi Mizani
Division of Integrated Regional Water
Management
901 P Street, Room 213-A
P.O. Box 942836
Sacramento, CA 94236-0001
Phone: (916} 651-9250
e-mail: [email protected]
Santa Ana Watershed Project Authority
Richard Haller
Executive Manager, Engineering & Operations
11615 Sterling Avenue
Riverside, CA 92503
Phone: (951) 354-4220
e-mail: [email protected]
Santa Ana Watershed Project Authority
Mike Antos
Watershed Manager
11615 Sterling Avenue
Riverside, CA 92503
Phone: (951} 354-4238
e-mail: [email protected]
Either party may change its Project Representative or Project Manager upon written notice to the other party.

22. STANDARD PROVISIONS. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A - Work Plan
Exhibit B - Budget
Exhibit C - Schedule
Exhibit D - Standard Conditions·
Exhibit E - Authorizing Resolution
Exhibit F - Report Formats and Requirements
Exhibit G - Requirements for Statewide Monitoring and Data Submittal Exhibit H - State Audit Document Requirements for Grantees City Council 41 – 19 6/21/2022
Grant Agreement No. 46000J/889

IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WAT R RESOURCES
Arthur Hinojosa, E.; Chief
Division of lntegratectRegional Water
Management
Date · 0 ( c.L/ (7
Approved as to Legal Form and Sufficiency
(bl?rK) L/witL {n,
Rbbin Brewer. Assistant &ief Counsel
Office of Chief Counsel

SANTA ANA PROJECT WATER AUTHORITY
Richard Haller
Executive Manager, Engineering & Operations
City Council 41 – 20 6/21/2022
City Council 41 – 21 6/21/2022
Grant Agreement No. 4600011889

Activity 4 Engage Mutual Water Companies
The California Rural Water Association will engage with mutual water companies throughout the watershed to learn about the strengths and needs of these organizations.

Deliverables:
□ Report about each mutual water company water issues and needs □ Summary report of regional trends
Activity 5 Engage Water Agencies
SAWPA staff will engage with water agencies throughout the watershed to gather and summarize the understanding of strengths and needs of disadvantaged and underrepresented communities within their water service areas.

Deliverables:
□ Summary report of responses
Activity 6 Community Listening Workshops
The California State University Disadvantaged Community Center {CSU DACC) will conduct or participate in at least nine community workshops throughout the watershed, to gather information related from community members about their understanding of the water-related strengths and needs of their community.

Deliverables:
□ Workshop notices and materials
□ Community input information in Community Water Ethnography of the Santa Ana River Watershed Activity 7 Community Water Ethnography of the Santa Ana River Watershed CSU DACC will lead the writing of the Community Water Ethnography of the Santa Ana River Watershed, a report about social, cultural and water-related strengths and needs of the overburdened and underrepresented communities in the watershed. This report will reveal all that was learned in the Strengths & Needs Assessment Program Element, and become the foundation for the Engagement & Education Program Element.

Deliverables:
□ Community Water Ethnography of the Santa Ana River Watershed (Funding Area-wide Needs Assessment Report) to include: spatial description of "communities" (beyond Census Tracts), community water management provider roster (who serves each-community), demographic data and trends, required data needs as described by "Needs Assessment Template" in the DACI Program Guidelines. This report will meet and exceed the grant requirements of a Final Assessment Report.

Activity 8 Homelessness & Water Convening
SAWPA staff and program partners will convene a one-day event to reveal synergies and develop new partnerships between those seeking to manage homelessness in the watershed and those engaged with water management.

Deliverables:
□ Notice of meeting
□ Pictures of event.
□ Summary Report of conclusions and next steps
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CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Design of a new groundwater well.

PROJECT NEED:

A new well will help increase the reliability, performance and customer experience.

PROJECT TITLE:

Washington Well Site Improvements
PROJECT CATEGORY:

Utility/Drainage/Lighting
Improvements
Water Improvements

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Water Resources Armando Fernandez, Senior Civil Engineer 23-May-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Engineering 100,000 - - - - - -
TOTAL 100,000 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 100,000 - - - - - -

WATER CAPITAL - - - - - - -
TOTAL 100,000 - - - - - -
City Council 41 – 49 6/21/2022
Public Works Agency
https://www.santa-ana.org/pw
Item # 42
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Exchange of Real Property and Purchase of Land

AGENDA TITLE
Approve an Agreement for the Exchange of Real Property and Purchase of Land from the City in the amount of $5,900,000, for the Development of a New Park (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing revenue in the amount of $4,127,878.80 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2021-22 and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account.

Receipt of Measure M Street Construction proceeds in the amount of $1,772,121.20 will be disbursed to the Orange County Transportation Authority (OCTA). (Requires five affirmative votes)

2. Authorize the City Manager to execute an Agreement for the Exchange and Purchase of Real Property between the City and Charles H. Manh Family Trust (APNs 004-123- 56, 004-123-57, 005-142-34, 005-142-48, 005-142-49, 008-091-01, 008-091-02, 008- 091-13, 008-091-14, 405-272-21, 405-272-24, and 405-074-38), in the sum of $5,900,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On July 6, 2021, City Council approved American Rescue Plan Act (ARPA) funding for addition of park/open space. The spending plan included monies allocated for additional green/open space under the Public Health and Safety Spending Plan. As such, City Council allocated $7.8 million dollars to the Parks, Recreation and Community Services department for the development of additional parks and open space enhancements.

Staff was recently directed to pursue the purchase of 848 N. Garnsey St. (APN 005-142- 48), 852 N. Garnsey St. (APN 005-142-49), and 925 N. Flower St. (APN 005-142-34) (10th/Flower Properties) for the development of a park, in alignment with the ARPA Spending Plan goals.

City Council 42 – 1 6/21/2022
Agreement for the Purchase and Exchange of Real Property June 21, 2022

The owner of the 10th/Flower Properties, Charles Manh, planned to develop these properties and expressed an interest in maintaining land in Central Santa Ana. As part of the negotiations, several of the surplus properties (Bristol Properties) on Bristol Street between 7th and 17th Street were offered for exchange, including APNs 405-272-21 & 24 (Parcel C2), 004-123-56 & 57 (Parcel C3), 008-091-01, 02, 13, & 14 (Parcel C8), and 405-074-38 (Parcel P1) (Exhibit 1).

The Bristol Properties are among those the City declared surplus and either received no responses by entities receiving the notices of availability, or negotiations ended with no approved offer, concluding the Surplus Land Act requirements for disposition. The proceeds from the sale of these properties are considered restricted funds and will be used to reimburse the granting agencies, and/or to fund further transportation improvements within the Bristol Corridor.

A California state licensed appraiser appraised the 10th/Flower Properties owned by the Charles H. Manh Family Trust (Exhibit 2), and a purchase offer of $1,100,000 was determined based on the value assessed by the appraiser. The Charles H. Manh Family Trust accepted the appraisal and purchase offer. The City will utilize $1,100,000 of the ARPA monies allocated for the development of new open space as a credit to escrow for the land exchange, to be used for the land swap needed for the new park (AU No. 18113013-66100, Project No. 22-1342). The Agreement for Exchange of Real Property (Exhibit 3) reflects the purchase price of the Bristol Properties, with the credit of the 10th/Flower Properties applied.

The proposed property exchange and purchase of land includes the following:

City
Parcel ID Buying Entity Proposed Development Purchase Price C2 Charles H. Manh Family Trust Drive-thru Restaurants $2,549,800 C3 Charles H. Manh Family Trust Multi-Tenant Restaurant $1,268,300 C8 Charles H. Manh Family Trust Restaurant & Retail $1,211,500 P1 Charles H. Manh Family Trust Multi-Family Residential $870,400 Gross Proceeds of Bristol Properties For Bristol Corridor Improvements $5,900,000
Estimated Proceeds to be used for Bristol Improvements $4,127,878.80 Estimated Proceeds to be Returned to Funding Agency (OCTA) $1,772,121.20 10th/Flower Parcels Buying Entity Proposed Development Purchase Price 848 N. Garnsey St. City of Santa Ana New Park
852 N. Garnsey St. City of Santa Ana New Park
925 N. Flower St. City of Santa Ana New Park
$1,100,000
City to pay this amount for the property exchange (ARPA funding) $1,100,000 City Council 42 – 2 6/21/2022
Agreement for the Purchase and Exchange of Real Property June 21, 2022

Approval of the Recommended Actions will advance the City’s ARPA Spending Plan by allowing the Parks, Recreation and Community Services department to develop a new park at Flower and 10th Street and will additionally activate remnant land on Bristol corridor to generate funds for completion of the project.

ENVIRONMENTAL IMPACT
There are no environmental impacts associated with this action.

FISCAL IMPACT
Approval of the Appropriation Adjustment will recognize the receipt of $ 4,127,878.80 into the Select Street Construction Fund, Sale of Land revenue account (No. 05917002- 57071) and appropriate the same into the OCTA Bristol Street Corridor Improvements Fund, Improvements Other Than Building expenditure account (No. 05917661-66220).

These funds will be available for expenditure on the Bristol Street Corridor Improvement Projects. Receipt of Measure M Street Construction proceeds in the amount of $1,772,121.20 will be disbursed to the Orange County Transportation Authority (OCTA).

The table below summarizes the sales price per each of the surplus Bristol Properties, with distribution of the estimated Bristol Improvement Project revenue:

Parcel ID Sale Price Bristol Improvement Fund
C-2 $2,549,800 $2,549,800
C-3 $1,268,300 $1,268,300
C-8 $1,211,500 $1,211,500
P-1 $870,400 $870,400
Total land proceeds revenue City Property Total $5,900,000 Bristol Improvement 05917661-66220 4,127,878.80
OCTA Refund 03201001-20215 1,772,121.20
The ARPA fund budget, 181, already includes the appropriation for the $1.1 million expenditure to purchase the 3 parcels.

EXHIBIT(S)

1. Location Maps – APNs 405-272-21 & 24; 004-123-56 & 57; 008-091-01, 02, 13, 14; & 405-074-38 (City of Santa Ana Bristol Properties)

2. Location Maps – APNs 005-142-34, 48, 49 (Manh 10th/Flower Properties)

3. Property Exchange Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 42 – 3 6/21/2022

WASHINGTON AVENUE
BRISTO
L
STREET
LO
UISE
STREET
405-272-24
1315N.BRISTOLST.

FUTURE
RO
AD
W
AY
405-272-24
1303N.BRISTOLST.
405-272-21
N/A.
405-272-24
1311N.BRISTOLST.
405-272-24
1319N.BRISTOLST.
405-272-24
1321N.BRISTOLST.
405-272-24
1401N.BRISTOLST.
405-272-24
1405N.BRISTOLST.
405-272-24
1411N.BRISTOLST.

LEGEND:

PARCEL

COMBINED

PROPERTY LINE

EXISTING
EXHIBIT 1

1.1 AC
48,597 SF
APPROX. AREA
N.T.S.

CITY OF SANTA ANA - C2

OWNER - PARCEL
City Council 42 – 4 6/21/2022
BR
SI
TO
L
S
TREE
T
9THSTREET

CIVICCENTERDRIVE
004-1
23 -56
828
N.B
R
IS
TO
L
S
T.
004-1
23 -57
LEGEND:

PARCEL

COMBINED

PROPERTY LINE

EXISTING
EXHIBIT 1
24,176 SF
OWNER - PARCEL APPROX. AREA
N.T.S.

CITY OF SANTA ANA - C3
City Council 42 – 5 6/21/2022
BR
SI
TO
L
S
TREE
T
3RDSTREET

SANTAANABLVD
008-091-13
303
N.B
R
IS
TO
L
S
T.
008-09
1 -02
1 244
W .S
AN
TA
AN
A
B
LVD.
008-09
1 -0
1 3
1 5
N
.

B
R
IS
TO
L
S
T
.
008-09
1 -1
4 1
247
W
.
3RD
S
T
.

LEGEND:

PARCEL

COMBINED

PROPERTY LINE

EXISTING
EXHIBIT 1
21,313 SF
OWNER - PARCEL APPROX. AREA
CITY OF SANTA ANA - C8
N.T.S.

City Council 42 – 6 6/21/2022
BR
SI
TO
L
S
TREE
T
7THSTREET

CIVICCENTERDRIVE
405-074-38
716N.BRISTOLST.
405-074-38
712N.BRISTOLST.
405-074-38
704N.BRISTOLST.

LEGEND:

PARCEL

COMBINED

PROPERTY LINE

EXISTING
EXHIBIT 1
17,164 SF
OWNER - PARCEL APPROX. AREA
N.T.S.
405-074-38
724N.BRISTOLST.

CITY OF SANTA ANA - P1
City Council 42 – 7 6/21/2022
F
LO
W
ER
S
TREE
T
G
A
RN
SEY
S
TREE
T
10TH STREET
005-142-48
848 N. GARNSEY ST.
005-142-49
852 N. GARNSEY ST.

LEGEND:

PARCEL

COMBINED

PROPERTY LINE

EXISTING
EXHIBIT 2
16,243 SF
OWNER APPROX. AREA

CHARLES MANH
N.T.S.
005-142-34
925 N. FLOWER ST.

City Council 42 – 8 6/21/2022

AGREEMENT FOR EXCHANGE OF REAL PROPERTY
This Agreement for Exchange of Real Property (“Agreement”) is entered as of the day of , 2022, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (“City”), and CHARLES H.

MANH FAMILY TRUST (“Manh”). The City and Manh hereinafter are sometimes referred to collectively as the “Parties.”

RECITALS
A. City owns certain real properties commonly known as Parcels C2, C3, C8, and P1, located on Bristol Street between 7
th and 17th Street, in the City of Santa Ana, County of Orange, State of California, as more particularly described and depicted in the Legal Description attached hereto as Exhibits “A1” through “A-4” and incorporated herein by reference (“City Property”).

Parcel C2, APN numbers 405-272-21 & 24, Parcel C3, APN numbers 004-123-56 & 57, Parcel C8, APN numbers 008-091-01, 02, 13, 14 and Parcel P1, APN numbers 405-074-38.

B. A copy of the Grant Deeds for the City Property, filed with the County of Orange are attached hereto as Exhibits “B-1” Through “B-4” and incorporated herein by reference.

C. On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring the City Property as surplus land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. (" Surplus Land Act") for the disposition of the Property.

D. On April 27, 2020, the City released a Notice of Availability ("NOA') of surplus property for the City Property for a period of sixty days. This NOA was sent out to all " local public entities," as defined in Health and Safety Code section 50079, within whose jurisdiction the surplus land is located, and to " Housing Sponsors" that have notified the California Department of Housing and Community Development (" HCD") of their interest in surplus land. The NOA was also sent to local parks agencies and school districts.

E. The City Property was among those for which either no responses were received by entities receiving the notices of availability or for which responses were received and good faith negotiations ended after a period of not less than 90 days without agreement to price and terms.

F. Manh owns certain real property commonly known as Orange County Assessor Parcel No. 005-142- 34, 48, 49, located at 925 N Flower Street and 848 & 852 N Garnsey Street , in the City of Santa Ana, County of Orange, State of California, as more particularly described and depicted in the Legal Description attached hereto as Exhibit “C” and incorporated herein by reference (“Manh Property”).

G. A copy of the Grant Deed for the Manh Property, filed with the County of Orange as Document No. 2021000036844, is attached hereto as Exhibit “D” and incorporated herein by reference.

H. The Parties desire by this Agreement to provide the terms and conditions for the exchange of fee interests in the City Property and the Manh Property.

City Council 42 – 9 6/21/2022

AGREEMENT
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, the Parties agree as follows:

1. Exchange of Real Property

1.1. Conveyance by City. City agrees to convey the City Property to Manh by Grant Deed, and Manh agrees to accept the same from the City.

1.2. Conveyance by Manh. Manh agrees to convey the Manh Property to City by Grant Deed, and City agrees to accept the same from Manh.

1.3. Title Conveyance. The Parties agree that, except as may hereinafter be otherwise expressly provided, the real properties subject to this Agreement shall be conveyed by the Parties, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or nonmonetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title. The Parties hereby warrant that the title to said real properties to be conveyed by the Parties shall be free and clear as provided above. The Parties further agree that acceptance of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by either Party of its right to the full and clear title hereinabove agreed to be conveyed by the Parties, nor of any right which might accrue because of the failure of the Parties to convey title as hereinabove provided.

2. Consideration

2.1 Consideration by City. City shall provide to Manh signed grant deeds for the City Property in the forms attached as Exhibits “B-1” through “B-4”

2.2 Consideration by Manh. Manh shall provide to City (a) a signed grant deed for the Manh Property in the form attached as Exhibit D and (b) the sum of $4,800,000.

3. Escrow

3.1 Escrow Agent. Within five (5) days from and after the execution of this Agreement by all Parties, City agrees to open an escrow with Fidelity National Financial Title, 4400 Mac Arthur Blvd., Suite 200, Newport Beach, CA 92660 (“Escrow Agency”). This Agreement constitutes the joint escrow instructions of the Parties and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow (“Effective Date”).

3.2 Escrow Agent Authorization. The Escrow Agent hereby is empowered to act under this Agreement and the General Escrow Provisions, attached hereto as Exhibit E and incorporated herein by reference, and upon indicating its acceptance of this Agreement and the General Escrow Provisions, in writing, delivered to the Parties within five (5) days after delivery of City Council 42 – 10 6/21/2022

this Agreement, shall carry out its duties as Escrow Agent hereunder.

3.3 Escrow Agent Liability. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under this Agreement.

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

3.5 Title Insurance. The Parties agree to deliver, concurrently with the conveyance of said real properties, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the receiving Party therein named as the insured, in an amount equal to the appraised value of the subject property, insuring the title to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as the receiving Party may hereinafter expressly agree to take subject to.

Acceptance by the receiving Party of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by the receiving Party of its right to such insurance as is herein required of the granting Party, nor a waiver by the receiving Party of any rights of action for damages or any other rights which may accrue to the receiving Party by reason of the failure of the giving Party to convey title or to provide title insurance as required in this Agreement.

3.6 Property Taxes.
(a) Such real property taxes, if any, on the subject real properties for the fiscal year within which said real property is conveyed to the receiving Party as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. (b) The granting Party shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to the receiving Party is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to the receiving Party is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that the granting Party has prepaid any taxes or assessments attributable to the subject real property, the granting Party shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, the receiving Party shall assist the granting Party, at the granting Party’s sole cost, in obtaining said City Council 42 – 11 6/21/2022

refund, if any; however, in no case shall the receiving Party credit or otherwise pay the granting Party for that refund, if any, through or outside of Escrow. (c) All unpaid taxes on either property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by the granting Party before conveyance of said real property to the receiving Party.

3.7 Deposit of Funds and Documents.
(a) Prior to Close of Escrow, the Parties shall deposit into Escrow (i) all escrow and Closing Costs as described above and (ii) such other documentation and funds as are necessary to close Escrow;
(b) Prior to the Close of Escrow, each Party shall deposit into Escrow (i) the properly executed grant deed for conveyance of each Property and (ii) such other documents and sums as are necessary to close Escrow in conformance herewith.

3.8 Conditions Precedent to Close of Escrow. The obligation of the Parties to exchange the Properties as contemplated by this Agreement and the Close of Escrow is subject to satisfaction of each of the following conditions:
(a) All representations and warranties of each Party set forth in this Agreement shall be true and correct as of the date of the Close of Escrow; (b) Each Party shall timely perform all obligations required by the terms of this Agreement to be performed by it;
(c) The irrevocable and unconditional written agreement of Title Company to record the grant deeds at the Close of Escrow and to issue the Title Policy to the receiving Party, effective as of the date and time the deed is recorded; and, (d) No material adverse physical change to either Property, including those caused by condemnation and/or casualty, shall have occurred subsequent to the Effective Date and on or prior to the Close of Escrow.

3.9 Close of Escrow. The Escrow Agent is hereby authorized to close escrow upon and after (“Close of Escrow”):
(a) Conveyance of the City Property by the City and the Manh Property by Manh as hereinabove provided;
(b) Acceptance by Manh of a Grant Deed conveying the City Property, and acceptance by the City of a Grant Deed conveying the Manh Property; (c) Delivery to each Party of the policies of title insurance as hereinabove provided; (d) Recordation of the Grant Deed conveying the City Property and the Grant Deed conveying the Manh Property.

City Council 42 – 12 6/21/2022

If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in either Property that cannot be resolved in Escrow, then either Party may, at its option, request cancellation of Escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter.

4. Representations and Warranties

4.1 Representations and Warranties of City. City makes the following representations and warranties with respect to the City Property, each of which shall survive Close of Escrow:
(a) The execution and delivery of this Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which the City is at present a party or by which the City is bound. (b) To City’s actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the City Property is pending, proposed or threatened. (c) City will not enter into any agreements or undertake any new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the City Property without the prior written consent of Manh.
(d) City is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the City Property. City warrants and represents to Manh that City is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the City Property.
(e) To the best of City’s knowledge the City Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
(f) City, as a government agency, has not been subject to real property tax assessment on the City Property. Transfer of title to the City Property to Manh at the Close of Escrow will subject the City Property to an assessment from the Orange County Office of the Assessor and shall be the obligation of Manh henceforth.

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(g) Affordable Housing Covenant in the Event of Residential Development. In accordance with California Government Code Section 54233, if 10 or more residential units are developed on the City Property, not less than 15 percent of the total number of residential units developed on the City Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079 .5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the Government Code. Manh expressly agrees and consents that the requirements of this section shall be contained in a covenant or restriction recorded against the City Property prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions ( a) to (t), inclusive, of Section 54222.5 of the Government Code.

4.2 Representations and Warranties of Manh. Manh makes the following representations and warranties with respect to the Manh Property, each of which shall survive Close of Escrow:
(a) The execution and delivery of this Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Manh is at present a party or by which Manh is bound.
(b) To Manh’s actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Manh Property is pending, proposed or threatened. (c) Manh will not enter into any agreements or undertake any new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the Manhs Property without the prior written consent of the City. (d) Manh is aware of its obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Manh Property. Manh warrants and represents to the City that Manh is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Manh Property. (e) To the best of Manh’s knowledge the Manh Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response City Council 42 – 14 6/21/2022

Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the City, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
(f) Manh makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow. Manh hereby represents and guarantees that it will complete construction and development of one of the following four City properties, Parcels C2, C3, C8, and P1, for the permitted uses per the City’s Bristol Street Specific Plan within 48 months following the Close of Escrow. Manh further represents and guarantees that the next two parcels will be completed within 84 months and the final parcel will be completed within 120 months. These timeframes shall be tolled by any delays directly attributable to the actions or inactions of the City, by any natural causes outside the control of either party (“Force Majeure”), or by mutual agreement of the parties. If Manh does not comply with these guarantees within the timeframes provided, the City shall have the right to repurchase the City Property, including any and all improvements to the properties completed by Manh, in exchange for payment by the City to Manh of eighty percent (80%) of the Purchase Price, $2,549,800 for Parcel C2, $1,268,300 for Parcel C3, $1,211,500 for Parcel C8 and $870,400 for Parcel P1. Following the development deadline in this section, City shall provide a 180 day written Notice to Perform prior to formally initiating the repurchase of the City Property.

5. Right of Possession

5.1 Right of Possession. The Parties agree to deliver to each other quiet and peaceful physical and legal possession of the respective Properties, free of all personal property, effective as of the Close of Escrow.

6. As-Is Condition

6.1 As-Is Condition. Parties shall rely solely and exclusively upon the results of their own Due Diligence Investigations of the subject Properties with regard to any physical condition or state of the Properties. By completing the exchange of the Properties, Parties evidence their unconditional acceptance of the condition of each respective Property. Parties acknowledge and agree that each is acquiring its respective Property on an “AS-IS,” “WHERE-IS” basis.

Parties are not offering to acquire the respective Property based on any representation by the other Party, or a third party, except those expressly set forth in this Agreement. Parties hereby acknowledge that the exchange of the Properties is without warranties of any kind from the other Party, expressed or implied, except as expressly set forth in this Agreement, as to the condition of the subject Property or its improvements, if any, including, without implied limitation, soils, access to the subject Property or to utilities, appliances, structure utility systems, roof, foundation, landscaping or any other component of the subject Property.

Parties do not warrant that either Property conforms with any ordinances, including, without implied limitation, zoning or building ordinances.

City Council 42 – 15 6/21/2022

7. Acknowledgement of Full Benefits

7.1 Full Benefits. By execution of this Agreement, the Parties hereby acknowledge that this Agreement provides full payment for the acquisition of the subject Properties, and each Party hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill, severance damages, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the subject Properties.

8. Remedies

8.1 Remedies. If either Party defaults under this Agreement, and such default is not cured within thirty (30) days following the date of written notice of default, then the other Party may either: (i) terminate this Agreement by written notice, whereupon this Agreement and the obligations of the Parties hereunder shall terminate (other than those obligations that expressly survive a termination of this Agreement); or (ii) bring an action for specific performance of this Agreement.

9. Miscellaneous

9.1 Notice. All notices or other communication provided for under this Agreement shall be in writing, and shall be delivered personally, sent by reputable overnight mail equivalent carrier, or sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the person to receive such notice or communication at the following address and shall be effective upon the earlier of actual receipt (including by facsimile) or refusal to accept delivery:

If to the City: The City of Santa Ana
Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
With a copy to: City Attorney
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
If to Manh: Danny Manh Esq
8990 Westminster Blvd, Second Floor
Westminster, CA 92683
Notice of change of address shall be given by written notice in the manner set forth in this subsection.

9.2 Time is of the Essence. Time is of the essence with respect to each and every provision hereof.

City Council 42 – 16 6/21/2022

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

9.4 Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any Party without prior written consent of the other, non-assigning Party hereto.

9.5 Inurement. Subject to the restrictions against assignment as herein contained, this Agreement, and all the terms, covenants, and conditions hereof, shall inure to the benefit of and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of the respective parties hereto.

9.6 Governing Law. All questions with respect to this Agreement, and rights and liabilities of the Parties hereto, shall be governed by the laws of the State of California. Venue shall be in the County of Orange.

9.7 Attorney Fees. In the event of any controversy, claim or dispute between the Parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs.

9.8 Entire Agreement. The Agreement contains the entire agreement of the Parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the Parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein.

9.9 Additional Documents. All Parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement.

9.10 No Merger. All warranties, representations, acknowledgements, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the grant deeds.

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

9.12 Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Parties.

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

City Council 42 – 17 6/21/2022

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

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

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

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

9.18 Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

9.19 Authority to Execute Agreement. The persons executing this Agreement and the instruments referenced herein on behalf of City and Manh hereby represent and warrant that such persons have the right, power and authority to bind City and Manh, respectively. Manh 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.

9.20 Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes.

City Council 42 – 18 6/21/2022
City Council 42 – 19 6/21/2022
EXHIBIT “A-1”
Legal Description Parcel C2
City Council 42 – 20 6/21/2022
City Council 42 – 21 6/21/2022
City Council 42 – 22 6/21/2022
City Council 42 – 23 6/21/2022
City Council 42 – 24 6/21/2022
EXHIBIT “A-2”
Legal Description Parcel C3
City Council 42 – 25 6/21/2022
City Council 42 – 26 6/21/2022
City Council 42 – 27 6/21/2022
EXHIBIT “A-3”
Legal Description Parcel C8
City Council 42 – 28 6/21/2022
City Council 42 – 29 6/21/2022
City Council 42 – 30 6/21/2022
EXHIBIT “A-4”
Legal Description Parcel P1
City Council 42 – 31 6/21/2022
City Council 42 – 32 6/21/2022
City Council 42 – 33 6/21/2022
EXHIBIT “B-1”
Grant Deed for Parcels C2
City Council 42 – 34 6/21/2022
City Council 42 – 35 6/21/2022
City Council 42 – 36 6/21/2022
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EXHIBIT “B-2”
Grant Deed for Parcels C3
City Council 42 – 86 6/21/2022
City Council 42 – 87 6/21/2022
City Council 42 – 88 6/21/2022
City Council 42 – 89 6/21/2022
City Council 42 – 90 6/21/2022
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City Council 42 – 92 6/21/2022
EXHIBIT “B-3”
Grant Deed for Parcels C8
City Council 42 – 93 6/21/2022
City Council 42 – 94 6/21/2022
City Council 42 – 95 6/21/2022
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City Council 42 – 97 6/21/2022
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City Council 42 – 99 6/21/2022
EXHIBIT “B-4”
Grant Deed for Parcels P1
City Council 42 – 100 6/21/2022
City Council 42 – 101 6/21/2022
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EXHIBIT “C”
Legal Description for 925 N Flower St and 848 – 852 N Garnsey City Council 42 – 114 6/21/2022
City Council 42 – 115 6/21/2022
EXHIBIT “D”
Grant Deed for Manh Property
City Council 42 – 116 6/21/2022
City Council 42 – 117 6/21/2022
City Council 42 – 118 6/21/2022
EXHIBIT “E-1”
Grant Deed for Parcels C2
EXHIBIT “E-2”
Grant Deed for Parcels C3
EXHIBIT “E-3”
Grant Deed for Parcels C8
EXHIBIT “E-4”
Grant Deed for Parcels P1
City Council 42 – 119 6/21/2022

WHEN RECORDED PLEASE MAIL THIS
INSTRUMENT AND TAX STATEMENT TO:

Charles Manh and Ann Manh Trustees for
Manh Family Trust.
18945 Evening Breeze Cir.

Huntington Beach, CA 92648
Norwalk CA 90650

SPACE ABOVE THIS LINE FOR RECORDER'S USE

TAXES APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRCTOR

DESCRIPTION

WRITTEN BY

DISCRIPTION
CHECKED O.K.

A.P.

NUMBER
405-272-21 & 24

R/W MAP
NUMBER

PROJECT
NUMBER

DEED NUMBER

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a Charter City and Municipal; Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to:

CHARLES MANH & ANH MANH as Trustees of MANH FAMILY TRUST, all that real property in the City of Santa Ana, Orange County, State of California, described as follows:

SEE EXHIBITS “A” & “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: By:

City of Santa Ana, Kristine Ridge
City Manager
City Council 42 – 120 6/21/2022
City Council 42 – 121 6/21/2022
City Council 42 – 122 6/21/2022
City Council 42 – 123 6/21/2022
City Council 42 – 124 6/21/2022

WHEN RECORDED PLEASE MAIL THIS
INSTRUMENT AND TAX STATEMENT TO:

Charles Manh and Ann Manh Trustees for
Manh Family Trust.
18945 Evening Breeze Cir.

Huntington Beach, CA 92648
Norwalk CA 90650

SPACE ABOVE THIS LINE FOR RECORDER'S USE

TAXES APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRCTOR

DESCRIPTION

WRITTEN BY

DISCRIPTION
CHECKED O.K.

A.P.

NUMBER
004-123-48 & 52

R/W MAP
NUMBER

PROJECT
NUMBER

DEED NUMBER

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a Charter City and Municipal; Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to:

CHARLES MANH & ANH MANH as Trustees of MANH FAMILY TRUST, all that real property in the City of Santa Ana, Orange County, State of California, described as follows:

SEE EXHIBITS “A” & “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: By:

City of Santa Ana, Kristine Ridge
City Manager
City Council 42 – 125 6/21/2022
City Council 42 – 126 6/21/2022
City Council 42 – 127 6/21/2022
City Council 42 – 128 6/21/2022
City Council 42 – 129 6/21/2022

WHEN RECORDED PLEASE MAIL THIS
INSTRUMENT AND TAX STATEMENT TO:

Charles Manh and Ann Manh Trustees for
Manh Family Trust.
18945 Evening Breeze Cir.

Huntington Beach, CA 92648
Norwalk CA 90650

SPACE ABOVE THIS LINE FOR RECORDER'S USE

TAXES APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRCTOR

DESCRIPTION

WRITTEN BY

DISCRIPTION
CHECKED O.K.

A.P.

NUMBER
008-091-01, 02, 13 &
14 R/W MAP
NUMBER

PROJECT
NUMBER

DEED NUMBER

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a Charter City and Municipal; Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to:

CHARLES MANH & ANH MANH as Trustees of MANH FAMILY TRUST, all that real property in the City of Santa Ana, Orange County, State of California, described as follows:

SEE EXHIBITS “A” & “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: By:

City of Santa Ana, Kristine Ridge
City Manager
City Council 42 – 130 6/21/2022

WHEN RECORDED PLEASE MAIL THIS
INSTRUMENT AND TAX STATEMENT TO:

Charles Manh and Ann Manh Trustees for
Manh Family Trust.
18945 Evening Breeze Cir.

Huntington Beach, CA 92648
Norwalk CA 90650

SPACE ABOVE THIS LINE FOR RECORDER'S USE

TAXES APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRCTOR

DESCRIPTION

WRITTEN BY

DISCRIPTION
CHECKED O.K.

A.P.

NUMBER
405-074-38

R/W MAP
NUMBER

PROJECT
NUMBER

DEED NUMBER

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a Charter City and Municipal; Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to:

CHARLES MANH & ANH MANH as Trustees of MANH FAMILY TRUST, all that real property in the City of Santa Ana, Orange County, State of California, described as follows:

SEE EXHIBITS “A” & “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: By:

City of Santa Ana, Kristine Ridge
City Manager
City Council 42 – 131 6/21/2022
City Council 42 – 132 6/21/2022
City Council 42 – 133 6/21/2022
EXHIBIT “F-1”
Grant Deed for 10th/Flower Properties (Mahn)
(To be Recorded)
City Council 42 – 134 6/21/2022
When recorded, please mail
this instrument and tax
statements to:

Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
PO Box 1988
Santa Ana, California 92701
Free recording requested by

THE CITY OF SANTA ANA PER
GOVERNMENT CODE SECTION 6103. Space above this line for Recorder's Use

CANCEL
TAXES

APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRECTOR

DESCRIPTION

WRITTEN BY

DESCRIPTION
CHECKED-O.K.

A,P.

NUMBER
005-142-34, 48 & 49

R/W MAP
NUMBER

PROJECT
NUMBER
925 N Flower St. 848 & 852 N. Garnsey St , Santa Ana, CA 92708 DEED NUMBER

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Charles Manh and Anh Manh, husband and wife as community property with right of survivorship (“Grantor”)
Do Hereby Grant to:

The CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California (“Grantee”), all that real property in the City of Santa Ana, Orange County, State of California, located at 925 N Flower Street and 848 & 852 N Garnsey Street 2247 S. Evergreen Street, Santa Ana, CA 92708, described as follows:

SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF;
Dated: By:

Charles Manh
Dated: By:

Anh Manh
City Council 42 – 135 6/21/2022
Exhibit A (Legal Description)
EXHIBIT “A”

THE LAND REFERRED TO HEREIN BELOW IS SITUATED SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL1
LOT 10 OF THE WAKEHAM TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 3 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THOSE PORTIONS THEREOF DESCRIBED IN PARCELS 1 AND 2 OF THE DEED TO THE CITY OF SANTA ANA, RECORDED MAY 13, 1977 IN BOOK 12192 , PAGE 1253 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.

PARCEL 2:

LOT 11 OF THE WAKEHAM TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 8, PAGE 3 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL 3:

LOT 12 OF THE WAKEHAM TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 8, PAGE 3 OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

City Council 42 – 136 6/21/2022
Exhibit B (Plat Map)
City Council 42 – 137 6/21/2022
General Provisions Printed: 1/1/0001 12:00 AM by JK
EI000076 (DSI Rev. 05/19/17) Page 1

EXHIBIT G
Fidelity Federal GENERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

7. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2) working days thereafter, deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS City Council 42 – 138 6/21/2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16. NON-RESIDENT ALIEN
The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer. Fidelity National Title Company will not determine nor aid in the determination of whether the FIRPTA City Council 42 – 139 6/21/2022

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

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

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

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

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

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

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

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

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

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

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

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

City Council 42 – 140 6/21/2022

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

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

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

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

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

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

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

City Council 42 – 141 6/21/2022
Public Works Agency
www.santa-ana.org/pw
Item # 43
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Real Property Acquisition for Bristol Street and Memory Lane Intersection Improvements

AGENDA TITLE
Authorize a Purchase Agreement in the Amount of $190,000 for Partial Real Property Acquisition for Bristol Street and Memory Lane Intersection Improvements (Property Owner: Bhaktinandan, LLC.) (Project No. 17-6883) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with property owner Bhaktinandan, LLC., for the partial property acquisition of the real property located at 2702 N. Bristol Street (APN 002-261-06) in the amount of $190,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.

DISCUSSION
Bristol Street is classified as a north-south major arterial in the City’s General Plan Circulation Element and the Orange County Master Plan of Arterial Highways. Improving the 3.9-mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases.

Currently, the segments to the south and north of the Bristol Street/Memory Lane intersection have three lanes in each direction, except for the southbound lanes approaching Memory Lane where there are only two southbound lanes. The partial acquisition is needed to allow for that portion of the right-of-way to be widened from 100 feet to 111 feet. This acquisition is the last of the three partial acquisition needed to widen the northwest corner of Bristol Street and Memory Lane intersection (Exhibit 1). The project will also include a new curb/gutter, sidewalk, driveway approaches, and both public and private utilities. Construction is anticipated to start in the beginning of 2023.

A good faith offer was made on December 20, 2021, in the amount of $135,000 and a resolution of necessity was approved on February 1, 2022. The Public Works Agency has now reached a settlement in the amount of $190,000 with the property owner (Exhibit 2).

City Council 43 – 1 6/21/2022
Real Property Purchase Agreement – Bristol/Memory Lane
June 21, 2022

ENVIRONMENTAL IMPACT
In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications at the intersection of Bristol Street and Memory Lane, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on December 5, 2017.

FISCAL IMPACT
Funds in the amount of $190,000 are budgeted and available in the Bristol Street and Memory Lane Intersection Improvements Project (No. 17-6883) for property acquisition expenditures in FY 2021-22 as follows:

Fiscal
Year
Accounting
Unit–Account
No.

Fund Description
Accounting Unit,
Account No.

Description
Amount
2021-
22 03217663-
66100
(17-6883)
Measure MStreet Construction
Measure M2
Competitive Street,
Land
$142,500
2021-
22 03517660-
66100
(17-6883)
New Transportation
System
Improvement Area F
New Transportation
System Improvements
Area F, Land
$47,500
TOTAL $190,000

EXHIBIT(S)

1. Location Map

2. Purchase Agreement – APN 002-261-06
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 43 – 2 6/21/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 17-6883:

BRISTOL STREET AND MEMORY LANE

INTERSECTION IMPROVEMENT
2702 N BRISTOL
Exhibit 1
City Council 43 – 3 6/21/2022

PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY

AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT (hereinafter “PSA”), entered into on
, 2 0 2 2 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter “City" or “Buyer”), and Bhaktinandan LLC., a California limited liability company (hereinafter "Seller"), regardless of number or gender;
THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property rights (hereinafter collectively "Said Real Property") legally described as follows:

SEE EXHIBIT “A” and “A-1”– Legal Description
and Exhibit “B” and “B-1” – Plat Map

ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2702 North Bristol Street, Santa Ana, CA) (APN# 002-261-06)
Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit:

1. Conveyance by Seller.

A. Seller agrees to convey Said Real Property to City, by Grant Deed, at the office of Fidelity National Title Company, 4400 Mac Arthur Blvd. Suite 200, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement.

B. Seller Agrees to convey to City a Temporary Construction Easement in, on, over and above the portion of the property described on the attached Exhibit “A-1” and depicted on the attached Exhibit “B-1” and incorporated herein by this reference

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

3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City EXHIBIT 2
City Council 43 – 4 6/21/2022
therein named as the insured, in the amount of ONE HUNDRED NINETY THOUSAND and no/100 Dollars ($190,000) insuring the title of the City to Said Real Properties are free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement.

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

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

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

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

5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller’s sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, City Council 43 – 5 6/21/2022
if any, through or outside of Escrow.

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

6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of ONE HUNDRED NINETY THOUSAND and no/100 Dollars ($190,000). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after:
(a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said portion of Said Real Property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of Said Real Property to City.

7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property, which shall be made free by Seller of all personal property.

8. Rental and Occupancy By Seller.

Section deleted intentionally.

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

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

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

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

13. Acknowledgment of Full Benefits and Release.

A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, City Council 43 – 6 6/21/2022
successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder (“severance damages”); precondemnation damages; claims for inverse condemnation; loss or impairment of any “bonus value” attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer’s adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney’s fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow.

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

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

C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the previsions of the California Civil Code Section 1542, which provides as follows”
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if know by him or her must have materially affected his or her settlement with the debtor.” Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal or similar effect.

This acknowledgement and release shall survive the Close of Escrow.

14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 9019 Sorbonne Way, Buena Park CA, 90620.

15. Exceptions. City agrees to accept title to Said Real Property subject to the following: NONE.

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

City Council 43 – 7 6/21/2022

17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property.

The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.

S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C.

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

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

19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the City Council 43 – 8 6/21/2022
date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow.

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

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

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

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

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

25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof.

The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question.

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

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

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

29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

30. Construction Contract and Curative Work.

None

31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA.

City Council 43 – 9 6/21/2022
City Council 43 – 10 6/21/2022
EXHIBIT “A” (PART TAKE FEE)

LEGAL DESCRIPTION
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, described as follows:

Beginning at the Easterly terminus of that certain course in the Northerly Right-of-Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12'" on said Record of Survey; thence along said Northerly Right-of-Way line North 89°03'28" West 17.74 feet; thence leaving said Northerly Right-of-Way line North 45°57'17" East

37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01°09'50" East 108.17 feet to a point on a line being parallel with and 185.00 feet Northerly of the Centerline of Memory Lane as shown on said Record of Survey; thence along said parallel line South 88°58'50" East 11.00 feet to the Westerly Right-of-Way line of Bristol Street as shown on said Record of Survey; thence along said Westerly Right-of-Way line, the following two (2) courses: South 01°09'50" West 115.00 feet and South 46°03'35" West 28.34 feet to the point of beginning.

Containing an area of 1,645 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record.

All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.

City Council 43 – 11 6/21/2022
EXHIBIT “B” (PART TAKE FEE)

PLAT MAP
City Council 43 – 12 6/21/2022
EXHIBIT “A-1” (TEMPORARY CONSTRUCTION EASEMENT)

LEGAL DESCRIPTION
EASEMENT A.P. NO. 002-261-06
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, being a strip of land 5.00 feet in width, the Southeasterly and Easterly lines of said strip described as follows:

Commencing at the Easterly terminus of that certain course in the Northerly Right-of­ Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12' " on said Record of Survey; thence along said Northerly Right-of-Way line North 89°03'28" West 17.74 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly Right-of-Way line North 45°57'17" East

37.96 feet to a line parallel with and

61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01°09'50" East 108.17 feet to a line being parallel with and 185.00 feet Northerly of the centerline of Memory Lane as shown on said Record of survey.

The Westerly line of said strip of land to be lengthened or shortened so as to originate in said Northerly Right-of-Way line of Memory Lane and to terminate in said line being parallel with and 185.00 feet Northerly of said centerline of Memory Lane.

Containing an area of 733 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-ofway and easements, if any, of record.

City Council 43 – 13 6/21/2022
EXHIBIT “B-1” (TEMPORARY CONSTRUCTION EASEMENT)

PLAT MAP
City Council 43 – 14 6/21/2022
EXHIBIT “C”

GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized.

There shall be no proration of any existing insurance policies in this escrow.

You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.

Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow.

If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month.

Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing.

The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof.

These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction.

City Council 43 – 15 6/21/2022
When recorded, please mail this
instrument and tax statements to: 

Clerk of the Council 
City of Santa Ana 
20 Civic Center Plaza, M-30 
Santa Ana, California 92701 

Free recording requested by  THE CITY OF SANTA ANA PER ________________ SPACE ABOVE THIS LINE FOR RECORDER'S USE ____________________ GOVERNMENT CODE SECTION 27383.

CANCEL
TAXES
x

APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRECTOR

DESCRIPTION

WRITTEN BY

DESCRIPTION
CHECKED-O.K.

A. P. NUMBER
002-261-06

R/W MAP
NUMBER

PROJECT
NUMBER
2702 N Bristol Street , Santa Ana, CA 92703 DEED NUMBER

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Bhaktinandan LLC
Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 2702 N Bristol Street, Santa Ana, CA 92703, described as follows:

SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : By:

Mahesh Patel, Member
City Council 43 – 16 6/21/2022
EXHIBIT “A”
Legal Description
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, described as follows:

Beginning at the Easterly terminus of that certain course in the Northerly Right-of-Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12'" on said Record of Survey; thence along said Northerly Right-of-Way line North 89°03'28" West 17.74 feet; thence leaving said Northerly Right-of-Way line North 45°57'17" East

37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01°09'50" East 108.17 feet to a point on a line being parallel with and 185.00 feet Northerly of the Centerline of Memory Lane as shown on said Record of Survey; thence along said parallel line South 88°58'50" East 11.00 feet to the Westerly Right-of-Way line of Bristol Street as shown on said Record of Survey; thence along said Westerly Right-of-Way line, the following two (2) courses: South 01°09'50" West 115.00 feet and South 46°03'35" West 28.34 feet to the point of beginning.

Containing an area of 1,645 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record.

All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.

City Council 43 – 17 6/21/2022

ACKNOWLEDGMENT
State of California )
) ss
County of ___________ )
On before me,________________________________, Notary Public (Name of Notary)
personally appeared __________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Signature)
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.

City Council 43 – 18 6/21/2022

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Grant of a Temporary Construction Easement dated _______________________from Warner Industrial, LLC, a California Limited Liability Company (“GRANTOR”) to the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (“GRANTEE”), is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City of Council on June 01, 1998, in compliance with California Government Code Section 27281, and the GRANTEE consents to recordation thereof by its duly authorized officer.

For the City of Santa Ana:

Date Kristine Ridge
City Manager
City Council 43 – 19 6/21/2022

ACKNOWLEDGMENT
State of California )
) ss
County of ___________ )
On before me,________________________________, Notary Public (Name of Notary)
personally appeared __________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Signature)
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.

City Council 43 – 20 6/21/2022
City Council 43 – 21 6/21/2022
EXHIBIT “A” (PART TAKE FEE)

LEGAL DESCRIPTION
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, described as follows:

Beginning at the Easterly terminus of that certain course in the Northerly Right-of-Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12'" on said Record of Survey; thence along said Northerly Right-of-Way line North 89°03'28" West 17.74 feet; thence leaving said Northerly Right-of-Way line North 45°57'17" East

37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01°09'50" East 108.17 feet to a point on a line being parallel with and 185.00 feet Northerly of the Centerline of Memory Lane as shown on said Record of Survey; thence along said parallel line South 88°58'50" East 11.00 feet to the Westerly Right-of-Way line of Bristol Street as shown on said Record of Survey; thence along said Westerly Right-of-Way line, the following two (2) courses: South 01°09'50" West 115.00 feet and South 46°03'35" West 28.34 feet to the point of beginning.

Containing an area of 1,645 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record.

All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.

City Council 43 – 22 6/21/2022
EXHIBIT “B” (PART TAKE FEE)

PLAT MAP
City Council 43 – 23 6/21/2022
EXHIBIT “A-1” (TEMPORARY CONSTRUCTION EASEMENT)

LEGAL DESCRIPTION
EASEMENT A.P. NO. 002-261-06
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, being a strip of land 5.00 feet in width, the Southeasterly and Easterly lines of said strip described as follows:

Commencing at the Easterly terminus of that certain course in the Northerly Right-of­ Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12' " on said Record of Survey; thence along said Northerly Right-of-Way line North 89°03'28" West 17.74 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly Right-of-Way line North 45°57'17" East

37.96 feet to a line parallel with and

61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01°09'50" East 108.17 feet to a line being parallel with and 185.00 feet Northerly of the centerline of Memory Lane as shown on said Record of survey.

The Westerly line of said strip of land to be lengthened or shortened so as to originate in said Northerly Right-of-Way line of Memory Lane and to terminate in said line being parallel with and 185.00 feet Northerly of said centerline of Memory Lane.

Containing an area of 733 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-ofway and easements, if any, of record.

City Council 43 – 24 6/21/2022
EXHIBIT “B-1” (TEMPORARY CONSTRUCTION EASEMENT)

PLAT MAP
City Council 43 – 25 6/21/2022
EXHIBIT “C”

GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized.

There shall be no proration of any existing insurance policies in this escrow.

You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.

Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow.

If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month.

Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing.

The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof.

These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction.

City Council 43 – 26 6/21/2022
When recorded, please mail this
instrument and tax statements to: 

Clerk of the Council 
City of Santa Ana 
20 Civic Center Plaza, M-30 
Santa Ana, California 92701 

Free recording requested by  THE CITY OF SANTA ANA PER ________________ SPACE ABOVE THIS LINE FOR RECORDER'S USE ____________________ GOVERNMENT CODE SECTION 6103.

CANCEL
TAXES
x

APPROVED AS TO
FORM BY ATTY.

APPROVED BY

DIRECTOR

DESCRIPTION

WRITTEN BY

DESCRIPTION
CHECKED-O.K.

A. P. NUMBER
002-261-06

R/W MAP
NUMBER

PROJECT
NUMBER
2702 N Bristol Street , Santa Ana, CA 92703 DEED NUMBER

GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Bhaktinandan LLC
Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 2702 N Bristol Street, Santa Ana, CA 92703, described as follows:

SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : By:

Mike Patel
EXHIBIT “A”
City Council 43 – 27 6/21/2022
Legal Description
That portion of Lot 25 of the Potts Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 4, Page 624 of Miscellaneous Records, in the office of the County Recorder of the County of Los Angeles, California, and more particularly shown on Record of Survey filed in Book 64, Page 46 of Records of Survey, in the office of the County Recorder of said Orange County, described as follows:

Beginning at the Easterly terminus of that certain course in the Northerly Right-of-Way line of Memory Lane, shown as having a bearing and distance of "N 89°57'30" W 70.12'" on said Record of Survey; thence along said Northerly Right-of-Way line North 89°03'28" West 17.74 feet; thence leaving said Northerly Right-of-Way line North 45°57'17" East

37.96 feet to a line parallel with and 61.00 feet Westerly of the centerline of Bristol Street as shown on said Record of Survey; thence along said parallel line North 01°09'50" East 108.17 feet to a point on a line being parallel with and 185.00 feet Northerly of the Centerline of Memory Lane as shown on said Record of Survey; thence along said parallel line South 88°58'50" East 11.00 feet to the Westerly Right-of-Way line of Bristol Street as shown on said Record of Survey; thence along said Westerly Right-of-Way line, the following two (2) courses: South 01°09'50" West 115.00 feet and South 46°03'35" West 28.34 feet to the point of beginning.

Containing an area of 1,645 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record.

All as shown on Exhibit "B" attached hereto and by this reference made a part hereof.

City Council 43 – 28 6/21/2022

ACKNOWLEDGMENT
State of California )
) ss
County of ___________ )
On before me,________________________________, Notary Public (Name of Notary)
personally appeared __________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Signature)
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.

City Council 43 – 29 6/21/2022

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Grant of a Temporary Construction Easement dated _______________________from Warner Industrial, LLC, a California Limited Liability Company (“GRANTOR”) to the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (“GRANTEE”), is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City of Council on June 01, 1998, in compliance with California Government Code Section 27281, and the GRANTEE consents to recordation thereof by its duly authorized officer.

For the City of Santa Ana:

Date Kristine Ridge
City Manager
City Council 43 – 30 6/21/2022

ACKNOWLEDGMENT
State of California )
) ss
County of ___________ )
On before me,________________________________, Notary Public (Name of Notary)
personally appeared __________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Signature)
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to
which this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.

City Council 43 – 31 6/21/2022
Public Works Agency
www.santa-ana.org/pw
Item # 44
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Agreement for Construction Management, Inspection Services, and Improvements for the Well 29 Rehabilitation

AGENDA TITLE
Approve Agreement with Cannon for Construction Management and Inspection Services for Well 29 Rehabilitation Improvements in an Amount Not to Exceed $538,715 for a Three-Year Term (Project No. 18-6491) (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Cannon to perform Construction Management and Inspection Services for the Well 29 Rehabilitation Improvements project in the amount of $489,741, with a contingency of $48,974 for a total amount of $538,715, for a three-year term beginning June 21, 2022 and expiring June 20, 2025, with an option for two, one-year extensions, subject non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City of Santa Ana Public Works Agency (City) desires to enter into an agreement with a qualified consulting firm to provide construction management and inspection services. The consultant shall provide general construction management services to support construction efforts and assist in the overall delivery of this project, including preconstruction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase.

The consultant team will report directly to the City's project manager.

On December 8, 2021, the Public Works Agency released Request for Proposal (RFP) No. 21-135, by which it sought the services of a qualified consulting firm to lead efforts to provide construction management and inspection services.

The RFP was advertised on the City’s online procurement management and publication system, with Proposals due on March 15, 2022. Five proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the top three responding firms and their ranking.

City Council 44 – 1 6/21/2022
Agreement with Cannon
June 21, 2022

Firm City Rank
Cannon Irvine 1
Butier Engineering Tustin 2
Berg & Associates Inc. San Pedro 3
Staff recommends awarding an agreement (Exhibit 2) to Cannon to provide full concept design services based upon the scope of work and selection criteria outlined in RFP 21- 135. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm’s rates are reasonable and within industry standard, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City.

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

FISCAL IMPACT
Funds are available in the following account for the current fiscal year. As part of the Citywide carry forward process, Public Works will submit a request to the Finance Department for any project balance to be carried forward into Fiscal Year 2022-23. This carry forward request will be compiled with requests from other departments and presented to the City Council at a future date.

EXHIBIT(S)

1. Agreement with Cannon for Well 29 CM & Inspection Services Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Fiscal
Year
Accounting Unit
- Account No.

Fund
Description
Accounting Unit -
Account No.

Description
Amount
2021-22 06617647-66301
(18-6491)
Acquisition &
Construction
Water Utility Capital
Projects, Water Capital
Projects
$538,715
TOTAL: $538,715
City Council 44 – 2 6/21/2022

Non-Fed Funding (6.1.2020)

AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR WELL 29 REHABILITATION
THIS AGREEMENT is made and entered into on this 21st day of June, 2022 by and between Cannon (“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 8, 2021, the city issued Request for Proposal No. 21-135, by which it sought a consultant having special skill and knowledge in the field of well rehabilitation to provide construction management and inspection services.

B. Consultant represents that Consultant is able and willing to provide such services to the City.

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

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

1. SCOPE OF SERVICES
Consultant shall perform the services described in the scope of work that was included in RFP No. 21-135, 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 agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed Five Hundred Thirty-Eight Thousand Seven Hundred Fifteen Dollars and Zero Cents ($538,715) during the term of this Agreement, including any extension periods exercised under Section 3. The sum is comprised of one (1) the base amount of $489,741 and two (2) a 10% contingency in the amount of $48,974 for additional services at the City’s sole discretion. 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 44 – 3 6/21/2022

Non-Fed Funding (6.1.2020)

3. TERM
This Agreement shall commence on the date first written above and terminate on June 20, 2025, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for a two (2) one (1) 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.

City Council 44 – 4 6/21/2022

Non-Fed Funding (6.1.2020)

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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

4. 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 City Council 44 – 5 6/21/2022

Non-Fed Funding (6.1.2020)
broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the 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 selfinsurance 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 waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

City Council 44 – 6 6/21/2022

Non-Fed Funding (6.1.2020)
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.

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.

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

9. Subcontractors: 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 therisk, 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 City Council 44 – 7 6/21/2022

Non-Fed Funding (6.1.2020)
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 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 City Council 44 – 8 6/21/2022

Non-Fed Funding (6.1.2020)
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 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.

City Council 44 – 9 6/21/2022

Non-Fed Funding (6.1.2020)
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
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:

City Council 44 – 10 6/21/2022

Non-Fed Funding (6.1.2020)
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 Consultant:

Pat Riddell, President/ Principal Engineer
Cannon
16842 Von Karman Avenue
Irvine, CA 92606
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
[signatures continued on next page]
City Council 44 – 11 6/21/2022
City Council 44 – 12 6/21/2022

EXHIBIT A
City Council 44 – 13 6/21/2022
City of Santa Ana RFP 21-135
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
WELL 29 REHABILITATION IMPROVEMENTS CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
RFP NO. 21-135

INTRODUCTION/PROJECT DESCRIPTION
The City desires to engage a professional consultant to perform Construction Engineering and Management Services for the Well 29 Rehabilitation Improvements Project. The consultant shall provide general Construction Management services to support the construction efforts and serve as an extension of City staff to assist in the overall delivery of this project, including pre-construction tasks, managing construction and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Construction Manager or his authorized representative. City staff may assist in managing construction and will oversee the work of the Project Manager, Inspector, and Contract Administrator.

The Well 29 Rehabilitation Improvements Project:

The estimated construction cost for the Well 29 Rehabilitation Improvements Project is $6 million. The City anticipates advertising construction bids in the early winter 2021, and starting construction by early 2022. Total construction duration for the project is anticipated to be 14 months.

The general scope of the project includes but is not limited to the following:
• Well rehabilitation
• Pavement and concrete work
• Mechanical System
• New Building Construction
• Water service and pipelines
• Pump and motor improvements
• Irrigation and landscaping
• Electrical System
• Building upgrades and modification
• MCC cabinet replacement
• Site Improvements; paving, concrete sidewalk, etc.
• Road paving
• System Controls and Instrumentation
City Council 44 – 14 6/21/2022
City of Santa Ana RFP 21-135
Page A1-2
Consultant Services:

The required services by the Project Manager, the Inspector and the Contract Administrator may include the following:

1. The PM shall be a registered engineer in the State of California and shall represent the City Construction Manager in the field. The CM shall possess a minimum of (5) years' experience in construction management. The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications that affirm the experience.

2. Prior to the start of the project, the PM shall be responsible for conducting a bid analysis to determine who the lowest responsible bidder for the project will be. Shall obtain certificates of insurance, performance bond and "New Vendor Packet" requirements have been satisfied. This includes verifying that all sub-contractors have a valid City Business License. Once determined, a staff report will need to be generated to recommend the award of a Construction Contract.

3. The PM shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals"). Shall transmit the Submittals to City staffing for review and approval, and shall establish and implement procedures for expediting the processing and approval of Submittals.

4. Attend pre-construction meeting and schedule and conduct weekly construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute minutes.

5. Shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.

6. Shall review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. Update the project schedule as required showing current conditions and revisions required by actual progress.

7. Shall conduct comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution. Shall regularly monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs, and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.

8. Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations.

City Council 44 – 15 6/21/2022
City of Santa Ana RFP 21-135
Page A1-3

9. Maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.

10. May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. Make recommendations for certification to the City for payment.

11. Determine that the work of contractor is being performed in accordance with the contract documents. Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents. Subject to review by the City, reject work which does not conform to the requirements of contract documents.

12. The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Construction Manager and clarified prior to construction starts.

13. Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in achieving the resolution of problems, which may arise.

14. Record the progress of the project. Submit written daily and progress reports to the City.

Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements.

15. Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction. Maintain as-built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as- built records.

16. Evaluate the completion of the work of the contractor and make recommendations to the City when work: is ready for final inspection. Assist the City in conducting final inspections.

17. Facilitate and coordinate inspection by representatives of other agencies.

18. Schedule and coordinate special inspection and material testing with the County of Orange or other consultants.

City Council 44 – 16 6/21/2022
City of Santa Ana RFP 21-135
Page A1-4

19. Shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis. Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments.

20. Shall monitor and enforce the City's Community Workforce Agreement (CWA) forms and requirements to ensure compliance. Verification should be provided with the monthly progress payments.

21. The PM shall be responsible for all project closeout items, such as: As-Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfection to determine if it is a warranty issue.

22. Construction Management Software PROCORE shall be required to interface with contractor.

23. Optional Task: Attend and co-lead a pre-construction meeting with the community.

Primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts.

The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.

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 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.
• Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City
• Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana’s CADD Standards) • Electronic files for title sheets and sheet borders
• Facilitate meeting space and coordination and City facilities City Council 44 – 17 6/21/2022
City of Santa Ana RFP 21-135
Page A1-5
Consultant Responsibilities:

Consultant shall provide all required insurance as outlines in Attachment 2 of this RFP.

City Council 44 – 18 6/21/2022

EXHIBIT B
City Council 44 – 19 6/21/2022
Santa Ana City of
Cannon
Reliable Responsive Solutions
Proposal for Well 29 Rehabilitation Improvements
Construction Management and
Inspection Services
RFP No.: 21-135
Table of Contents

1. Statement of Qualifications
a. Cover Letter
b. Contract Agreement Statement
c. Firm and Team Experience
d. Understanding of Need
e. Relevant Project Experience and
f. References

2. Scope of Services and Schedule
Appendix
Key Personnel Resumes
Certifications
• Non-Collusion Affidavit
• Non-Lobbying Certification
• Non-Discrimination Certification
Fee Proposal
City Council 44 (Submitted as a Separate File) – 20 6/21/2022 Well 29 Rehabilitation Improvements Cannon
a. Cover Letter
Gilbert Castillo, Acting Senior Engineer
City of Santa Ana, Public Works Agency
20 Civic Center Plaza, M-36, Santa Ana, CA 92701
Subject: Proposal for Well 29 Rehabilitation Improvements Construction Management and Inspection Services, RFP No.: 21-135 Dear Mr. Castillo:

The City of Santa Ana (City) has a tremendous responsibility to provide and maintain critical and essential drinking water infrastructure for its residents, businesses, tourists, and patrons alike. Improvements to Well 29 will help secure water resources to improve the City’s water portfolio. This project will include well rehabilitation; upgrades to the mechanical, electrical, and controls systems; new building construction; upgrades to the water service and pipelines; and site improvements, inclusive of paving, concrete sidewalk, landscape, and irrigation.

Cannon’s construction management division holds a successful history of working on water well projects similar to the rehabilitation of the Well 29 Project, including Wells No. 2 and No. 16 for Crescenta Valley Water District. Our extensive knowledge of construction management and inspection practices for public works projects, established communication strategy, and success in reducing exposure to claims and litigation will support the City’s goals for this project.

Cannon project management and inspection teams are up to date with current construction standards for public works projects including the City of Santa Ana Standard Specifications and Drawings, Standard Specifications for Public Works Construction (Greenbook), AWWA standards, CBC, UPC, etc., and we have a solid understanding of the overall project work involved. We have provided construction management and inspection, labor compliance, record keeping and document control, as well public outreach campaign services for many projects receiving various types of funds.

As the Principal-in-Charge and Construction Manager, I will personally provide oversight of this project and serve as an alternate to Hany Heinen, PE, PLS our Project Manager and Resident Engineer, who will manage the overall progress of the project. Mr. Henein's email is [email protected] and his cell phone number is 714.655.8758.

As Director of Cannon's Construction Management Division, I am authorized to legally bind the firm in contract. We look forward to providing construction management and inspection services to the City of Santa Ana.

Sincerely,
Pat Riddell, PE, CPII, QSP/D
Director, Construction Management Division
1050 Southwood Drive, San Luis Obispo, CA 93401
(805.544.7407 2 805.503.4446
* [email protected]
March 15, 2022
City Council 44 – 21 6/21/2022
Well 29 Rehabilitation Improvements Cannon 3
c. Firm and Team Experience
Cannon Corporation - Providing Reliable Responsive Solutions since 1976 As a full-service construction management,
engineering, and surveying firm, we take pride in our
ability to offer clients a broad range of services. Our commitment to providing clients Reliable Responsive
Solutions, whether the project scope is expansive
or more specialized, spans 46 years. During that
time, we have worked with many cities, counties, and
agencies throughout California to maintain secure and
dependable water systems.

Cannon has offices throughout California which
include Irvine, Los Angeles, Ventura, San Luis Obispo,
and Bakersfield. Our proposed Project Manager,
Mr. Hany Heinen, PE, PLS will be managing services
for the City from our office in Irvine. Additional
services for the City will be provided by Cannon staff
across offices, and on-site when needed.

Cannon’s team also includes specialists in public
infrastructure design and construction for projects
involving water wells; water distribution and recycled
water systems; sewer/wastewater systems; treatment
facilities; transmission systems; and pump stations.

We have provided a wide range of construction
management, funding administration, and engineering
services for public improvement projects involving
hundreds of miles of pipelines, roadways, and
municipal facility sites. Additionally, we have worked
with several surrounding municipalities and other
public agencies to complete public infrastructure
projects involving work similar to the scope of services anticipated by the City.

Our team of more than 140 professionals includes
registered civil, electrical, mechanical, and structural engineers; automation and SCADA system
specialists; licensed land surveyors; Caltrans certified construction managers and APWA certified public
infrastructure inspectors.

Project Manager/Resident Engineer
Hany Heinen, PE, PLS
16842 Von Karman Avenue, Suite 150
Irvine, CA, 92606
( 949.753.8111
* [email protected]
 CannonCorp.us
Construction Management
and Inspection
Wells, Tanks, and Reservoirs
Pump and Pressure
Reducing Stations
Electrical Services
Experience Counts
Our multidisciplinary in-house team offers expertise
in the following areas that are critical to the success of the City's projects:
b. Contract Agreement Statement
Cannon acknowledges and concurs with the City of Santa Ana's provisions contained in the issued Attachment 2 Sample Agreement, located in the Appendix of the City's RFP.

City Council 44 – 22 6/21/2022
Well 29 Rehabilitation Improvements Cannon 4
City of Santa Ana
Pat Riddell, PE, CPII, QSP/D
Principal-in-Charge
Christine C Kahn, PE
Construction Administrator
Esther Lopez
Office Engineer and
Alternate Construction
Administration
Jameson Farr, CPII
Construction Inspector
John Ornelas
Alternate
Construction Inspector Derek Romer, PE
Electrical Engineer/
Material Submittals
Matt Cook
Certified Electrician
Toby Turnage, ME
Designer/Mechanical
Inspector/Material
Submittals
Kyle Askarian, PE
Timber Design/
Construction Inspector
Organizational Chart and Key Personnel
In addition to our key project team members in the organizational chart, Cannon is home to a comprehensive engineering staff of 140 professionals who are ready to commence project work immediately.

Hany Henein, PE, PLS
Project Manager/Resident Engineer
Percentage of Time Devoted to Project
Our team is 100% committed to remaining available for the duration of the project. The following table illustrates percentages of time (relative to assigned hours) our key personnel, as identified in the organizational chart, will be assigned to the project. Details of assigned hours can be found in our fee proposal provided as a separate attachment.

Key Team Members / Role %
Hany Henein, PE, PLS, Construction Manager, Project Manager, and Resident Engineer 45% Pat Riddell, PE, CPII, QSP/D, Principal-in-Charge and Alternate Construction Manager 3.5% Jameson Farr, CPII, Construction Inspector 100%
John Ornelas, Alternate Construction Inspector as needed Derek Romer, PE, Electrical Engineer/Material Submittals 5% Matt Cook, Certified Electrician 30%
Toby Turnage, ME, Designer/Mechanical Inspector/Material Submittals 30% Christine C. Kahn, PE, Construction Administration 30%
Esther Lopez, Office Engineer and Alternate Construction Administration 30% Kyle Askarian, PE Timber Design/Building Inspector 30%
City Council 44 – 23 6/21/2022
Well 29 Rehabilitation Improvements Cannon 5
d. Understanding of Need
The City of Santa Ana (City) owns and operates Well
29 and currently seeks a qualified consulting team
to provide construction management, inspection,
and construction administration services as an
extension of City staff. The Well is located at the
southeast corner of Flower Street and First Street,
adjacent to City owned tennis courts. The existing
well site includes the well head and discharge piping
assembly, control equipment, a chlorination system
housed in a building, and a Southern California
Edison (SCE) transformer. There is currently no
pump to waste system. Well 29 is accessible
through a driveway which is located on the west
side of the site along Flower Street. Currently the
City desires a comprehensive upgrade to the site.

New improvements would include: rehabilitation of
Well 29, pavement and concrete work, mechanical
system, new building construction, water service and
pipelines, pump and motor improvements, irrigation
and landscaping, electrical system, building upgrades
and modification, MCC cabinet replacement, site
improvements, paving, concrete sidewalk, and system
controls and instrumentation.

Project Approach and Participation
from City Staff
The City’s priorities are our priorities. Our objective in managing the construction is to protect the City’s
interests and promote goals and objectives through
the successful implementation and completion
of a project. We will be the City’s construction
management representative. To this end, we study
the project history, funding sources and history, the
City’s specific goals and interests, and the community
at large. We will maintain close coordination with the
City’s staff for compliance, requested field changes,
final locations of appurtenances, and more. Since
each portion of the project is distinct, specific
information required by City staff will be determined at the onset of each. We will facilitate a kickoff/scoping meeting with City staff to identify and further develop information and participation of the City.

Utility Locating
Prior to beginning construction of permanent
underground improvements, the Contractor is required
to locate and identify the horizontal and vertical
location of existing utilities affecting the work. This is not only essential for safety but also for identifying
discrepancies between the plans and conditions prior
to full mobilization to reduce right-of-way delays.

Enforcing this requirement at the pre-construction
meeting will confirm information is given to the
Contractor on time with reduced disruption and/or cost
impacts.

Maintaining Water Service
An important aspect of this project is maintaining
water reliability and reducing interruptions of
water deliveries to the City's customers. This
requires advance planning on the Engineer’s role,
careful implementation on the Contractor’s role,
and close coordination with City’s operations
staff and the construction management team.

Cannon’s construction management team will begin
coordination discussions early in the project to
anticipate challenges and develop solutions. Testing,
flushing, disinfection, commissioning, and customer
notifications must be considered.

Communication Strategy
Communication is essential in successfully avoiding or
resolving challenges that may be encountered during
the course of a project. Understanding our role in
relation to the roles of the City Engineer and Design
Engineer will be priority on this project.

We will work closely with each project stakeholders
from beginning to end. Stakeholder may include City
staff, the design team, residents, businesses owners,
tourists, and patrons from the local and surrounding
communities. It is imperative that the construction
manager stay attuned to how each portion of the
project impacts each of the stakeholders, and be able
to communicate effectively (verbally and in writing) in the event adjustments are necessary. On-site staff
are responsible to keep parties informed about the
progress of the project.

City Council 44 – 24 6/21/2022
Well 29 Rehabilitation Improvements Cannon 6
We will develop clear and concise procedures for
communications that will expedite and facilitate project work. This will confirm information is available to the construction team in the shortest possible time.

Effective communication is the basic foundation of
good relations. In collaboration with the City, Mr.

Henein will implement and confirm compliance
with established records management procedures
for recording and distributing project documents.

The more complete the documentation, the more
effective the resolution of challenges that may
arise. In addition, this information can be used to
avoid claims if the evidence is sufficient and clear.

Written correspondence and notes are of the highest
importance.

Technical Expertise
Knowledge and experience in the design,
construction, and sequencing of water/pipeline
systems and overall construction work are critical
prerequisites for the construction management team
responsible for overseeing the safe and effective
construction of the project. In addition to being
familiar with the project plans, specifications, grant
agreement, and District standards, the construction
management team must have an understanding of
applicable codes, standards, and technical guidelines,
such as ANSI, ASTM, AWS, AWWA, CBC, and
SPPWC. Our team provides this knowledge and
experience.

Funding Administration
Experience with local, state, and federally funded
projects and grants, including specific duties for
FHWA funds in accordance with the Caltrans Local
Assistance Procedures Manual (LAPM) and Caltrans
Local Assistance Program Guidelines (LAPG),
are critical to the success of this project. We have
familiarity with the applicable Metropolitan Planning
Organization (MPO) / Regional Transportation
Planning Agency (RTPA), to confirm that project funds
are properly programmed to confirm compliance to
regulatory and funding requirements
Construction Management of West Main Tank
Paso Robles, California
City Council 44 – 25 6/21/2022
Well 29 Rehabilitation Improvements Cannon 7
Construction Management of West Main Tank
Paso Robles, California
The City required the replacement
of an unconventionally-shaped
earthen reservoir with a new

4.0 MG partially buried prestressed concrete tank facility and selected Cannon to provide
construction management
services for this project, including
construction observation, materials engineering, and
sampling and testing throughout construction. This
consists of the construction of a 4 MG partially buried pre-stressed concrete tank, including appurtenances
such as ladders, hatches, railing, air vent, safety
equipment and various SCADA and electrical
equipment; the installation of pressurized potable, inlet manifold, pressure, and drain pipings; and various
other item for a complete and functioning potable water storage system.

Year Completed: 2021 CM&I Fee: $582,344
Team: Pat Riddell - Project Manager
Reference: Ditas Esperanza, PE
Capital Projects Engineer
Paso Robles, 1000 Spring Street
Paso Robles, CA 93446
( 805.237.3861 * [email protected]
e. Relevant Project Experience & f. References
Construction Management and Inspection Services for Well No. 2 Crescenta Valley Water District, La Crescenta, California Crescenta Valley Water District
selected Cannon to provide
construction management
of the installation of the
necessary facilities for Well
No. 2. The scope of work
included weekly progress
meetings with agendas and
minutes; coordination with CVWD, the contractor,
design engineer, and City of Glendale; keeping
complete and organized construction files using
Procore; daily site observation/inspection with daily
reports; review and response to RFIs; exhibits for
design changes as needed based on field conditions
and CVWD’s requested changes or additions;
coordination of material testing; and management of
contract change orders.

Year Completed: 2019 CM&I Fee: $282,951
Team: Pat Riddell - Construction Manager
Reference: David Gould, PE, District Engineer
Crescenta Valley Water District, 2700 Foothill Blvd.

La Crescenta, CA 91214
(818.248.3925 * [email protected]
This project was the recipient of the American Society
of Civil Engineers Outstanding Water Project of the
Year and Water Treatment Project of the Year 2019
City Council 44 – 26 6/21/2022
Well 29 Rehabilitation Improvements Cannon 8
Groves Booster Pump Station
Golden State Water Company, Orcutt, California
Golden State Water Company
(GSWC) selected Cannon
to provide construction
inspection services for the
Greenfield Booster Pump
Station, which includes civil/
site work of the new facility site;
the construction of a booster pump
station; installation of generator; and instrumentation and SCADA commissioning. Cannon’s scope of work
involved professional services in one phase, including
attendance at the pre-construction conference,
review of contractor submittals, support of GSWC
on contractor requests for information; coordination
with the contractor regarding ongoing construction
schedule; and inspection services for onsite work
as proposed in the plans and specifications,
including inspection of foundation, tank, coatings,
cathodic protection system, and safety and structural
modifications, booster pump station, and generator
install by qualified personnel.

Year Completed: 2020 CM&I Fee: $106,950
Team: Pat Riddell - Project Manager, Ali Etezadkhah -
Electrical Inspection
Reference: Karl Saluta, Contract Manager, GSWC,
2143 Convention Center Way, Suite 110
Ontario, CA 91764
(805.349.7407 * [email protected]
La Brea Transmission Main Project
Beverly Hills, California
This project included water line
installation through portions of
the City of Beverly Hills and
the City of Los Angeles to
deliver well water to the City’s
treatment facility. The City used
trenchless installation techniques
to install 2,300 linear feet of
18-inch C900 PVC DR18 with fused joints into an
existing 24-inch steel pipe in residential streets, as well as 7,000 linear feet of 14-inch C900 PVC DR 18 with
fused joints into an existing 18-inch abandoned water
main along La Cienega Blvd. For this project, Cannon
provided Construction Inspection services and worked
with the City of Beverly Hills Project Manager and
Project Inspector to train staff and provide inspection services on the fusing of pipe joints and slip-lining
installation processes and procedures.

Year Completed: 2021 CM&I Fee: $19,213
Team: Pat Riddell - Project Manager
Reference: Tristan Malabanan, PE, Civil Engineer
City of Beverly Hills, 345 Foothills Road
Beverly Hills, CA 90210
( 310.285.2467 * [email protected]
Pinewood Plant Reservoir and Booster Pump Station
Golden State Water Company, Tanglewood (Orcutt), California Cannon provided construction
inspection, construction
coordination, submittal, and
RFI review services for the
installation of a 0.238 million
gallon steel reservoir (42’ D x
30’ H), booster pump station,
generator, and sound-attuning
fence in Santa Barbara County. The reservoir and
booster pump station are at the site of an existing
Golden State Water Company (GSWC) well serving
the Tanglewood community in northern Santa Barbara
County. The booster pump station consists of four
pumps, ranging from 15 to 75 HP. Reservoir includes
subdrain system, steel stairway, and various hatches,
cleanouts, and piping attachments. The steel reservoir
is protected by a cathodic protection system consisting of (6) 13’ long magnesium rod anodes suspended from
the tank roof.

Year Completed: 2019 CM&I Fee: $123,408
Team: Pat Riddell - Principal-in-Charge
Reference: Karl Saluta, Contract Manager
Golden State Water Company, 2330 A Street, Suite A
Santa Maria, CA, 93455
(909-305-5427 x333 * [email protected]
City Council 44 – 27 6/21/2022
Well 29 Rehabilitation Improvements Cannon 9
Design and Construction Management for Well No. 16
Crescenta Valley Water District, Montrose, California
Glendale Water & Power (GWP) constructed the
“Rockhaven Well” at 2740 Hermosa Avenue in 2011. A
well report completed by AMEC indicated that the well
was drilled to a depth of 350 feet with an anticipated
long-term production between 400 gallons per minute
(gpm) and 450 gpm. The water quality of the well water
exceeded the Maximum Containment Levels (MCLs)
for nitrates, and the well was never placed into service.

In August of 2012, GW&P arranged for the CVWD,
who has a nitrate treatment plant, to take over the well and adjoining property, equipping the well, installing
the discharge pipeline to the treatment plant, receiving all the water from the well, and paying GW&P an
agreed-upon rate for the water. From March-July 2014,
CVWD worked on a grant application under Prop 84 -
Drought Relief for equipping the well and was notified
in September that they had been awarded the grant.

CVWD has renamed the Rockhaven Well to Well No.
16 in their system.

The CVWD selected Cannon to provide professional
engineering and design services, construction bidding
documents, and construction management of the
installation of the necessary facilities for Well No. 16.

Cannon’s scope of work included pumping system
design (with wellhead); discharge and waste discharge
piping; electric equipment for the pump; all mechanical equipment; emergency generator connections; a
monitoring, controls, and SCADA system; mechanical
equipment for ventilation and plumbing; a building to
house the electrical equipment, wellhead, and well
discharge piping; and on-site drainage, paving, piping, and drought tolerant landscaping and irrigation.

Completion Year: Design - 2015, Construction 2018
Construction Management and Inspection Fee:
$139,560
Team: Pat Riddell - Construction Manager
Contact: David Gould, PE, District Engineer
Crescenta Valley Water District
2700 Foothill Boulevard
La Crescenta, CA 91214
(818.248.3925 * [email protected]
Electrical Engineering Design Services for Plant 408
Suburban Water Systems, Covina, California
Suburban Water Systems
required a new pump station
for pump zones 377 and 425.

The 377 Zone station was
slated to pump water to two
existing steel reservoirs located
at Plant 408’s upper pad, and
the 425 Zone station to the closed 425 Zone. Three
new steel reservoirs were planned for construction
at the project site. Cannon was retained to provide
the electrical, controls, instrumentation, and SCADA
panel design of the pump station and reservoirs.

Cannon also designed a back-up power plan using
an emergency diesel generator and an automatic
transfer switch. The back-up power system only
provides power for the 425 zone. The low voltage
power, ventilation system, and SCADA system are
also powered by the generator. Cannon coordinated
with Southern California Edison (SCE) to provide
secondary power to the entire site.

Estimated Completion Year: 2023 (In Progress)
Team: Derek Romer - Project Manager
CM&I Fee: $30,888
Reference: Jose Lopez, Engineering Director,
Suburban Water Systems
1325 N. Grand Avenue, Suite 100
Covina, CA 91724-4044
(626.543.2500 * [email protected]
City Council 44 – 28 6/21/2022
Well 29 Rehabilitation Improvements Cannon 10
Caltrans Experience
With Cannon’s extensive experience in completing
transportation improvement projects, we have
naturally developed an excellent working relationship
with Caltrans in Central and Southern California
(Districts 5 and 7). The following projects required
coordination with Caltrans for design approvals, Rightof-Way encroachment permits, agency coordination, construction oversight, and/or funding administration.
• Construction Management for U.S. Highway 101
and State Route 46 East Improvements, Paso
Robles, California
• Construction Management for Highway 1 Sidewalk
and Drainage Improvements, Guadalupe, California
• Design and Construction Management for South
Vine Street Improvements, Paso Robles, California
• Intersection Improvements at Central Avenue and H
Street (Highway 1), Lompoc, California
• Construction Management for U.S. Highway 101/
State Route 46 East Interchange and Theatre Drive
Realignment, Paso Robles, California
• Highway 227 and Tank Farm Road Widening, San
Luis Obispo, California
• Funding Administration for El Camino Real / Carmel
Road Widening – Highway Safety Improvement
Program (HSIP), County of San Luis Obispo,
California
Resources
Cannon's experience
and familiarity with
Procore means that all project documents, drawings,
contract change orders, contractor submittals, shop
drawings, and correspondence will be maintained in
electronic form and hard copy. Submittals, RFIs, and
other documents will be maintained using PROCORE,
a cloud-based project management software. We
will maintain an “as current” basis, a record copy of
all contracts, drawings, specifications, addenda, and
change orders in good order.

Procore Technologies, Inc., is a leading provider of
cloud-based applications for construction. Procore
Construction OS connects people, applications,
and devices through a unified platform that helps
construction firms manage risk and build quality
projects, safely, on time, and within budget. Procore
has a diversified business model with products for
Construction Project Management, Construction
Financials, and Quality & Safety.

Procore helps firms drastically increase project
efficiency and accountability by streamlining
and mobilizing project communications and
documentation. This real time data and accessibility
minimizes costly risks and delays—ultimately boosting
profits.

Construction Management of West Main Tank, Paso Robles, California City Council 44 – 29 6/21/2022
Well 29 Rehabilitation Improvements Cannon 11
Scope of Services
Cannon intends to provide the scope of services as
listed in the City of Santa Ana’s (City) issued request for proposal (RFP) and related addenda. As part of the
scope, Cannon will complete the following phases and
tasks:

Phase I. Construction Services
Task 1.1 Bidding Assistance
Prior to the start of the project, we will conduct a
bid analysis to determine the lowest responsible
bidder for the project. We will obtain certificates of
insurance, performance bond, and New Vendor Packet
requirements as outlined in Task 1.3 Preconstruction
Documents.

Task 1.2 – Pre-construction Conference
Upon award of the construction contract and prior to
the issuance of the Notice to Proceed, we will conduct
a pre-construction conference and site tour with City
of Santa Ana staff, utility company representatives,
local stakeholders, and the Contractor’s team as
they prepare to mobilize for the project. The resident
engineer (RE) and support staff will review plans and
specifications with the Contractor to facilitate the
Contractor’s understanding of the project. In addition, we will conduct the following:

1. Review the Contractor’s project construction
schedule, including equipment, labor, and
supervision planning

2. Review appropriate protocols and procedures
detailed in the construction documentation

3. Apprise the Contractor of contract requirements
regarding security matters, such as fences, lighting,
and posting of signs

4. Prepare meeting minutes for the pre-construction
meeting
Task 1.3 – Pre-construction Documents
Our team will verify subcontractors have a valid City
business license. We will track City projects in the
vicinity to confirm no conflicts exist with other current or proposed City projects. Our team will also confirm
compliance with the City’s Community Workforce
Agreement (CWA) forms and requirements. We
will provide verification of compliance with monthly
progress payments. Our team will also document the
site's pre-existing conditions with video recordings and photographs. This will help confirm no false claims are filed against the City for damages to private property.

Task 1.4 – Community Outreach Assistance
(Optional)
If the City chooses to proceed with this optional item, we will coordinate with and communicate the City’s
public outreach meetings schedule, notifications, and
communications. As directed by City, we will also
provide the required meeting materials and other
requested assistance to notify, and update, affected
residences and businesses of upcoming construction
activities and schedules.

Task 1.5 - Construction Management Plan
We will develop a construction management plan
specific to this project using Cannon’s construction
procedures and/or the City’s standards and procedures
manual. This will include organizational structure; QA/ QC protocols; and project controls, including reviewing and processing of project documentation and change
order management, reviewing shop drawings, and
material submittals. If necessary, we will work closely with City staff to develop a clear understanding of our web-based project documentation system for quick
access to information about the project (see Task 2.4
Submittal Management).

Phase 2 - Construction Services
Task 2.1 – Scheduling
We will review the Contractor’s schedule to confirm
that the project is implemented in general accordance
with the contract documents requirements. We will also
monitor the Contractor’s compliance with the agreedupon scheduling requirements.

We will review the Contractor’s schedule to determine
that it is properly prepared, that milestones dates meet the overall schedule, and that no major conflicts exist.

We will review progress against the approved
schedule to adequately record work-in-place, detect
Scope of Services and Schedule
City Council 44 – 30 6/21/2022
Well 29 Rehabilitation Improvements Cannon 12
potential delays, and review the Contractor’s plan
for implementation of remedial measures when
appropriate. This will help maintain or recover progress.

In conjunction with City staff, we will also negotiate
schedule adjustments with the Contractor, which may
be required due to weather, change orders, or other
impacts requiring schedule adjustments. Our team will
monitor and report monthly on the status of the project construction budget.

Task 2.2 – Progress Meetings
We will conduct weekly progress meetings with the
Contractor and City representatives. The principal
purpose of the project coordination meetings will be to provide the following:

1. Review progress and quality

2. Review submittal and requests for information (RFI)

3. Notify the attendees of construction deficiencies

4. Discuss labor, material, and equipment related to
upcoming work

5. Address team coordination matters

6. Address public convenience and access

7. Review maintenance of as-built drawings
throughout construction
When appropriate, the Cannon team will update
attendees regarding the project phasing and the
progress of right-of-way acquisition and its effect on
scheduling the work.

We will chair these meetings, conduct each meeting
according to a published agenda, and have meeting
summaries prepared and promptly distributed. Meeting
summaries will detail action items, the discussions that ensued, and announce the time and date of the next
meeting.

Task 2.3 – Project File Database
With the City’s approval, we will provide a web-based,
centralized document system using Procore. The
development and implementation of this document
system will include the following:

1. Design of the centralized document system to
support project file database

2. Procurement of the software and licenses for the
system
We will administer the project database by establishing access and read/write permissions to District,
Contractor, and design engineer. Documents tracked
in the centralized web-based system will include the
following:
• Project drawings
• Project specifications
• Drawings and specification addendum
• Correspondence
• Submittals / shop drawings
• RFIs
• Change orders and change order requests
• Meeting agendas and meeting summaries
• Daily reports
• Daily photos
• Inspection reports
• Coordination of material testing with the County of
Orange
• Project schedules
• Progress payments
• Permits
• Warranties
The City requires the Contractor use the centralized
document system for management and transfer of the
project related documentation and correspondence.

If requested by City staff, we have the capability to
use an alternate, web-based centralized document
management system, including EADocs, Share Point,
One Drive, or other cloud-based file sharing systems.

In addition to maintaining a web-based document
management system, and to confirm that records are
organized, complete, and accessible, we will also
prepare hard copies of documents in project binders
following procedures outlined in Chapter 5 of the
Caltrans Construction Manual. We follow methods
of record keeping outlined in Caltrans Construction
Manual as a matter of practice, but we will also
incorporate City required policies, as needed. (We have provided more information on this procedure under
Resources on page 10).

City Council 44 – 31 6/21/2022
Well 29 Rehabilitation Improvements Cannon 13
Task 2.4 – Submittal Management
Upon receipt of the required submittals and O&M
manuals from the Contractor, we will send these to the
design engineer for review, maintain a log, and manage
shop drawings and sample/submittal review process to
confirm the following:

1. Short-term look-ahead schedules contain critical
submittal dates, and the logs reflect the same.

2. Submittals are reviewed in accordance with the
contract documents and returned to the Contractor.

3. Logs are updated on a regular basis.

4. Shop drawings are reviewed and returned before
associated work has begun.

5. Submittal copies are maintained in the file.

After the review, we will return submittals to the
Contractor and forward a copy to the City.

Task 2.5 – Construction Observation
We will implement observation guidelines for
monitoring the quality of the Contractor’s work. We will conduct field observation and prepare documentation
(daily reports) of construction tasks, including
construction staging; utility coordination; processes;
mechanical, electrical, and instrumentation; traffic
and pedestrian access; drainage, environmental,
and National Pollutant Discharge Elimination System
(NPDES) requirements; concrete; grading; concrete
slurry; pipeline; base surfacing; landscaping and/or
irrigation restoration; and erosion control.

Task 2.6 – Construction Surveys and Staking
Coordination
We will observe and review the Contractor’s surveys
and staking. We will coordinate with the Contractor and licensed surveyor to quantify and compute quantities of work provided by the Contractor, if required.

Task 2.7 – Stormwater Pollution Prevention Plan
and Environmental Monitoring Coordination
We will review the Storm Water Pollution Prevention
Plan (SWPPP) submitted by the Contractor and
will monitor and document the Contractor’s general
conformance with the SWPPP. We assume the filing
of the SWPPP with the State Water Resources Control
Board SMARTS System will be completed by the City.

We will coordinate with the City to confirm the
Contractor follows requirements of the final
environmental documents, including required mitigation
measures.

Task 2.8 – Request for Information (RFI)
We will coordinate efforts regarding change orders and
RFIs submitted by the Contractor, or requested by the
City, as follows:

1. Compile change order supporting documentation,
such as inspection reports, test reports, drawings,
sketches, photographs, and other materials, as
required.

2. Review and evaluate the appropriateness of
proposed change orders, advise the City as to their
effect on the contract time and cost, and complete
independent estimates of the proposed change
order work when necessary or when directed by
the City.

3. Negotiate change orders and recommend approval
or denial with direction and final approval by the
City.

4. Maintain change order and RFI logs.

Task 2.9 – Change Orders
We will investigate proposed change orders submitted
by the Contractor or requested by City. Change
order submittals will include supporting records.

Our investigation will include the impacts on the
project schedule and budget and will include a
recommendation for approval or disapproval.

We will complete the following:

1. Assemble documentation to include items, such as
inspection reports, test reports, drawings, sketches,
photographs, and other materials, as required.

2. Prepare change order estimates consisting of a
cost estimate conforming to City procedures and
forms; assess the impacts of the proposed change
on the Contractor’s schedule and operations; and
prepare a written report summarizing the impact
of the proposed change in terms of extra cost,
cost savings, schedule, and effect on Contractor’s
obligations.

3. Evaluate the Contractor’s price proposals for
reasonableness and accuracy of construction
City Council 44 – 32 6/21/2022
Well 29 Rehabilitation Improvements Cannon 14
quantities, rates and unit prices, and time and
schedule impacts.

4. Maintain a change order log to track change order
proposals through the review and approval process.

Task 2.10 – Progress Pay Estimates
We will review the Contractor’s monthly progress
payment requests, construction contract records, and
reports specified to be submitted to confirm general
compliance with contract documents. We will maintain
an estimate of overall construction cost based on the
Contractor’s bid and earned value of work completed.

We will compile recommendations for Contractor
payment and forward to the City.

Task 2.11 – Project Progress Reporting
We will monitor and report on project progress, cost,
and schedule. This will be summarized in a monthly
progress report prepared and submitted to the City. We
will review, analyze, and comment on the Contractor’s
schedule along with the monthly schedule updates.

Additionally, we will establish a cost control system for monitoring and updating the status of the costs and
budget throughout the project.

Task 2.12 – Claims Management
We will maintain a potential claims log and prepare
a separate file for each potential claim issue. We
will evaluate, analyze, and coordinate negotiation to
achieve claims and disputed resolutions in line with City directions and final approvals.

Phase 3 - Post Construction Services
Task 3.1 – Final Inspection and Punch List
We will evaluate the substantially complete facilities
to confirm general compliance and/or identify
discrepancies and deficiencies in the work provided by
the Contractor. We will compile a punch list, transmit to the Contractor, and monitor completion of the punch list items. We will report to the City on the completion of the project and make recommendations regarding project
acceptance, retention of funds, and final payment to the Contractor.

Task 3.2 – Coordinate Closeout Procedures
We will coordinate closeout procedures. We will monitor the Contractor’s, subcontractor’s, and other project
staff’s progress to finalize project records and complete and correct as-builts/record drawings and other
documentations required by the City.

Task 3.3 – Project Close-out Documents
We will obtain record (as-built) drawings, O&M
materials, contract required documents, lien releases,
and written warranties from the contractor. We
will review and circulate these to the City for final
acceptance. We will provide the City with complete
project documentation for permanent records.

Task 3.4 – Final Report
We will prepare and submit a final construction report, including the following:
• Operations manuals for equipment furnished by the
Contractor
• Testing records
Task 3.5 – Processing of Record Drawings
We will maintain a hard copy file of the construction
drawings at the on-site office for the purpose of
documenting field changes, as-built conditions, and
approved changes. After receiving the Contractor’s
mark-ups of changes and as-built conditions we will
transmit the final as-builts to the design engineer/ City for processing of record drawings.

Task 3.6 – Claims Assistance (if required)
We will evaluate the Contractor’s final payment and/
or claim and will negotiate and resolve claim issues.

If project disputes cannot be resolved in a manner
acceptable to both the City and Contractor, we will
assist with claims resolution through information
gathering and finding of facts, including examining
pertinent documentation, field conditions, and other
related details as necessary to determine the facts of
the dispute. We will provide the City a written status
report that discusses the dispute facts and makes
recommendations as to the Contractor’s claim.

Task 4-Warranty Period
At the City’s request, Cannon staff will prepare and
monitor warranty requests during the one-year period.

We will schedule and oversee the warranty repair.

Additionally, we will conduct site visits, as requested by the City, to examine defects or imperfections to
determine if it is a warranty issue or not.

City Council 44 – 33 6/21/2022
Well 29 Rehabilitation Improvements Cannon 15
ID Task Name Duration Start Finish
1 City of Santa Ana Well 29 Rehabilitation
Improvements CM and Inspection
565 days Mon 5/9/22 Fri 7/5/24
2 Contract Duration 12 days Mon 5/9/22 Tue 5/24/22
3 Contract Award 1 day Mon 5/9/22 Mon 5/9/22
4 Pre-bid Phase 11 days Tue 5/10/22 Tue 5/24/22
5 Project Duration 261 days Mon 5/30/22 Mon 5/29/23
6 Notice to Proceed 1 day Mon 5/30/22 Mon 5/30/22
7 Construction Duration 260 days Tue 5/31/22 Mon 5/29/23 8 Project Close Out 37 days Fri 5/26/23 Mon 7/17/23
9 Final Report By Cannon 35 days Tue 5/30/23 Mon 7/17/23 10 Record Drawinds/As Built 35 days Tue 5/30/23 Mon 7/17/23 11 Deliverable 35 days Tue 5/30/23 Mon 7/17/23
12 Comissioning of the Well 15 days Fri 5/26/23 Thu 6/15/23 13 Notice of Completion 5 days Mon 6/26/23 Fri 6/30/23
14 Maintenance Period 265 days Mon 7/3/23 Fri 7/5/24
15 Warranty Period Monitoring 265 days Mon 7/3/23 Fri 7/5/24 5/9
5/30
AprMayJun Jul AugSepOctNovDec JanFebMarAprMayJun Jul AugSepOctNovDec JanFebMarAprMayJun Jul AugSep 2023 2024
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress

Project: City of Santa Ana Well 29 Rehabilitation Improvements CM and Inspection Date: Tue 3/8/22
Schedule
City Council 44 – 34 6/21/2022
Well 29 Rehabilitation Improvements Cannon
Appendix
Key Personnel Resumes
Non-Collusion Affidavit
Non-Lobbying Certification
Non-Discrimination Certification
City Council 44 – 35 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-1
Professional Registration
• Civil Engineer, California,
No. 33090
Education
• Bachelor of Science, Civil
Engineering, Ain Shams
University, Cairo, Egypt
Training
• Cal Trans: Local Assistance
Manual Policies and
procedures, Resident
Engineer, Right of
Way certifications and
applications and processing
for Federal Grants including
reimbursements
• State of CA: Regional
Quality Board permits’
requirements, Fish
and Games permits’
requirements, NPDES
Permits and Best
Management Plans
requirements (PMP)
• Army Corps of Engineers
(ACOE); 401 , 402 and
404 permit’s applications
and requirements, FEMA
training for Flood Plain Map
Revisions (LOMAR AND
CLOMAR) and establishing
new flood zones elevations
• Cal OSHA and Rail Road’s
safety training
Software Skills
• Retain Pro
• Water Surface pressure
Gradient (WSPG)
• HEC-RAS, used to establish
new flood plain elevations
• Microsoft Office Programs
Hany S. Henein, PE, PLS Construction
Manager and Resident Engineer
Hany Henein, PE, PLS brings 43 years of experience in professional engineering and land surveying, including management for capital improvement project (CIP) design, construction, and grant projects.

Specializing in pump stations, bridge and hydraulic structures, parks, highways, and bridges, he is proficient in analyzing land surveys, hydraulics, hydrology, and cost estimates
Mr. Henein has worked with numerous agencies and municipalities throughout Southern California, including the Cities of Bell Gardens, Montebello, Huntington Park, Baldwin Park, Lynwood, and El Monte. He was also employed by the County of Orange and the cities of Riverside, Corona, and South Gate. He has secured permitting through coordinating with local cities and agencies, such as Caltrans, Railroad, Army Corps of Engineers, Regional Water Quality Control Board, Fish and Game, Coastal Commission, Air Quality Municipal District, and Department of Safety of Dams.

Construction Management Services for Van Ness Avenue and 139th Street Improvements, Gardena, California: This improvements project is a major street maintenance project that encompasses portions of Van Ness Avenue from 135th street to Marine Avenue as well as portions of 139th Street from Van Ness Avenue to Western Avenue. The improvements include edge grinding; cold milling of the existing pavement and repaving; resetting of valve boxes and manholes frames and covers; and striping and signal modifications. The scope of work also includes removal and replacement of curb, gutter, and sidewalk in addition to bringing pedestrian improvements into ADA compliance. Cannon was selected to provide construction management services. The project also requires extensive coordination of traffic control and close coordination with emergency services, local agencies,
and the public in this high traffic location. Mr. Henein served as Project Manager.

Additional Project Experience
Summary
Mr. Henein has served as Resident
Engineer and Construction Manager on the
following projects:
• Street Rehabilitation, Huntington
Park, California
• Traffic Signal, Streetlights, and
ADA Upgrades for ATP Cycle 2,
Huntington Park, California
• Montebello Blvd. Improvements,
Montebello, California
City Council 44 – 36 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-2
Professional Registration
• Registered Civil Engineer,
California, No. 72034
• Certified Public
Infrastructure Inspector,
American Public Works
Association
• Excavation Safety Training
for Competent Persons
(CPT), United Academy, ID:
1544359
Education
• Bachelor of Science,
Environmental Engineering,
California Polytechnic State
University, San Luis Obispo,
California]
• Caltrans Resident Engineer
Academy
Professional Affiliations
• American Society of Civil
Engineers
• American Public Works
Association
Pat Riddell, PE, CPII QSD/P
Principal-in- Charge
Mr. Riddell provides senior-level oversight of engineering design quality assurance procedures. He works alongside the Project Manager, other Senior Principal engineers, and design team to thoroughly check plans, specifications, estimates, design drawings, and other project materials prior to their submission to City staff. If necessary, Mr. Riddell will act on behalf of the Project Manager and serve as back-up to keep subconsultants, the City, and other project stakeholders abreast of project activities.

Plant 209 Suburban Water Systems, Whittier, California: Suburban Water Systems (SWS) selected Cannon to provide construction management for the demolition of an existing pump building; construction of a new pump building with a conference room, office, and restroom; installation of three new pumps and motors. Cannon coordinated with the City of Whittier for obtaining permits and connection of the on-site sewer to the City’s sewer system. Cannon provided full-time on-site observation and inspection, daily reports, weekly progress meetings, agency coordination, design engineering team, coordination with geotechnical and specialty testing firms, as well as coordination of RFIs and submittals.

Mr. Riddell served as Construction Manager.

Select Project Experience Summary
Mr. Riddell has served as Project Manager, QA/QC Engineer, or Construction Manager/Resident Engineer on the following projects:
• Inspection Services for Well No. 2, La Crescenta, California • Construction Management for West Main Tank, Paso Robles, California
• Inspection for Pinewood Reservoir and Booster
Pump Station, Tanglewood, California
• Construction Inspection for Groves Booster Pump
Station, Orcutt, California
• Inspection for La Brea Transmission Main Project,
Beverly Hills, California
• Electrical Engineering Design Services for
Plant 408, Suburban Water Systems,
Covina, California
• Lost Hills Utility District New Water
Well Coordination and Construction
Management, Lost Hills, California
• Construction Inspection for Bradshaw Ion
Exchange System, Barstow, California
• Engineering Construction Support and
Design for Transmission Main Repairs,
Montecito, California
City Council 44 – 37 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-3
Jameson D. Farr, CPII Construction Inspector
Mr. Farr brings over eight years of experience in materials testing and construction inspection. His experience includes testing and construction inspection for FEMA flood repair, roadway and shoulder improvements, guardrail installation and pedestrian paths. He has worked extensively for the County of Kern and is well-versed in the Caltrans and Green Book for Public Works specifications.

As an Construction Inspector, Mr. Farr’s responsibilities include inspection activities such as: administrating plans, specifications, and special provisions; ensuring projects meet all safety aspects; reviewing projects for errors and/or discrepancies; negotiating and implementing corrective actions; and performing engineering calculations. Other duties compose of performing project/program management activities: planning and scheduling projects, estimating and tracking costs, monitoring progress, keeping daily logs and reports; ensuring quality control, preparing change orders, interpret, communicate and verify that projects are in compliance with plans, as well as specifications and special provisions. Also serving as a liaison with the public in answering questions/explaining projects and resolving complaints.

Mr. Farr’s materials lab experience includes collecting and testing various forms of aggregate including but limited to asphalt, Class II aggregate, soil for compaction tests, and concrete. Mr. Farr has a proven track record of providing project oversight that employs safety, accuracy, and project success.

Select Project Experience Summary
Mr. Farr has served as Construction Inspector on the following projects:
• Construction Management and Inspection, 139th St and Van Ness Ave Improvements, Gardena, California
• Construction Management for Airport Pipeline Infrastructure, DPW 17-19A, City of Paso Robles, California
• Construction Management and Inspection
Magic Mountain Pipeline Phase 6A Project,
Santa Clarita Valley Water Agency, Santa
Clarita, California
• Construction Management and Inspection Magic
Mountain Pipeline Phase 4 & 5 Project,
Santa Clarita Valley Water Agency, Santa
Clarita, California
• Construction Inspections for Bradshaw
Ion Exchange System, Golden State
Water Company, Barstow, California
• Construction Management and
Inspection, Vista Canyon Recycles
Water Main Extension, Santa Clarita,
California
Licenses and Certifications
• Certified Public Infrastructure
Inspector, American Public
Works Association
• OSHA- Certified Confined
Space Entry, No. 130815
• American Concrete Institute
No. 01383421
• Nuclear Gauge Operator,
No. 17943
• Flagger Training Completion
• California Test Method
(CTM) Certifications: 105,
106, 125, 125AGG, 125PCC,
125AC, 201, 202, 206, 207,
216, 217, 226, 227, 231, 234,
301, 370, 375, 382, 504, 518,
533, 539, 540, 556, 557
• First Aid/CPR
• Confined Space
Education
• Palomar College,
Psychology Major
• Bakersfield College,
Psychology Major
City Council 44 – 38 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-4
John Ornelas
Alternate Construction Inspector
Mr. Ornelas serves as a Construction Inspector experienced with inspecting and observing field construction work, completing daily reports and tracking labor and materials, and completing administrative tasks.

He specializes in measurements, cutting, and installment of piping, fixtures, and hydrants, which gives him an invaluable perspective during construction and will assist with office engineering and administrative tasks reviews.

Mr. Ornelas brings over 24 years of experience as a Senior Water Distribution Operator, including repair and maintenance of entire distribution systems. His proficiency with locating, testing, repairing leaks, fixtures, and fire hydrants through the interpretation of maps and blueprints helps him oversee and confirm safe work practices. Mr. Ornelas is experienced in training and leading teams and has mastered forming an efficient and professional work environment. Working with numerous agencies and municipalities throughout Southern California has thoroughly familiarized Mr. Ornelas with agency regulations and expectations.

Summary of Select Project Experience
Mr. Ornelas has served as construction inspector on the following projects:
• Construction Inspection of the Corona Reservoir Electrical Upgrades, Pump Station, and Aeration System Project, Goleta Water District, Goleta, California
• Construction Inspection of Corona Del Mar Water Treatment Plant, Sewer and Storm Drain Replacement Inspection, Goleta Water District, California
• Construction Inspection of Wash Water Tank Service Road Erosion Repair Project, Goleta Water District, California
• Construction Observation and Inspection
Services for Corona Del Mar Access Road
Repair Inspection, Goleta Water District,
California
• Construction Inspection of Patterson Reservoir
Antenna Relocation, Goleta Water District,
California
• Construction Inspection of Mayfield
Pump Station Renovation, Mayfield,
California*
• Construction Inspection of Wildwood
Reservoir, California Water Services,
West Lake District, Thousand Oaks,
California*
Professional Certification
• Water Distribution Operator,
Grade D2 and D3, No.
17298, California
• Excavation Safety and
Competent Person –
National Utility Contractors
Association
• Class 1 and Class 4,
Sitdown/Counterbalance
5000 lb. Certified Operator
Education
• Water Distribution System
Operation and Maintenance,
California State University,
Sacramento, California
• Operation and Maintenance
Wastewater Collection
Systems, California State
University, Sacramento,
California
Training
• Metrotech Locator
Instruments
• Air Valves for Flow
Efficiency and Surge
Protection – City of Santa
Barbara
• Repair Clamps and
Couplings – City of Santa
Barbara
• Horizontal Directional
Drilling – City of Santa
Barbara
• Joining Repair and Tapping
Pipe – City of Santa Barbara
• Water Distribution Training
* Prior to Cannon
City Council 44 – 39 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-5
Professional Registration
• Electrical Engineer,
California, No. E16396
Education
• Bachelor of Science,
Electrical Engineering,
California Polytechnic
State University, San Luis
Obispo, California
Professional Affiliations
• Institute of Electrical and
Electronics Engineers
(IEEE)
• National Fire Protection
Association
• Southern California Water
Utilities Association
(SCWUA)
• National Council of
Examiners for Engineers
and Surveyors (NCEES)
Office Location
• Los Angeles, California
Derek Romer, PE Electrical Engineer/Material
Submittals
Mr. Romer has more than 27 years of experience, including electrical and controls system design, in secondary power distribution, lighting, and instrumentation, as well as reservoirs, sewage lift stations, wastewater treatment plants, and water treatment plants. His expertise comprises project management, field investigations, calculations, preparation of design drawings and specifications for bid packages, review of bid packages and construction shop drawings, and construction management, including troubleshooting during project startup and inspection. Mr. Romer’s pump station designs feature energy-efficient systems and promote off-peak power use.

LHUD Production Well Design, Lost Hills, California: As the District Engineer, Cannon provided engineering design services for water wells including the ECWAG North and East Well Re-Equipping and Well No. 3 projects. For ECWAG, due to on-going drought conditions and a resulting 150-foot water table drop, the USDA provided a $500,000 emergency grant for upgrading and reequipping these two existing wells. Cannon provided preliminary design, project coordination, and construction oversight. For Well No. 3, Cannon completed a new well design with vertical turbine pumps and a VFD motor drive.

Water Well Design WT0025, Tulare, California: The City of Tulare was diligently pursuing improvements to the City’s water system including the construction of five new wells throughout the City. The City had upgraded or repaired existing wells to increase efficiency but had not constructed a new well since 2009.

The City selected Cannon provided design and engineering for all five wells.

Cannon scope of services included engineering design for site improvements; equipping each new well with oil-lubricated vertical turbine pumps and motors with removable enclosures; propeller meters; variable frequency drive controls; underground flush to waste basins; and transfer switches with connection points for newly purchased generators.

Select Project Experience Summary
Mr. Romer serviced as electrical engineer on the following projects:
• Construction Management and Inspection Services
for Well No. 2, Crescenta Valley Water District, La
Crescenta, California
• Groves Booster Pump Station, Golden State
Water Company, Orcutt, California
• Electrical Engineering Design Services for
Plant 408, Suburban Water Systems, Covina,
California
• Lost Hills Utility District New Water Well
Coordination and Construction Management,
Lost Hills, California
• Design and Construction Management for
Well No. 16, Crescenta Valley Water District,
Montrose, California
City Council 44 – 40 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-6
Matthew Cook Certified Electrician
Mr. Cook brings 12 years of experience in the Electrical and Automation field. He has worked as an automaton technician with Advanced Combustion and Process Controls, building and installing control panels, performing safety checks and calibrations, and troubleshooting instrumentation. Since 2008, Mr. Cook has developed extensive automation technician and electrical engineering experience within both the public and private sectors. He has served on complex engineering projects dealing with oil, gas plants, and other facilities. His main objective is to provide a safe work environment without sacrificing quality or accuracy.

Orange County SCADA Design-Build, Golden State Water Company, Orange County, California: Cannon was selected by GSWC to perform a Design-Build project to establish an upgraded SCADA system for the Orange County District. The existing control system was providing monitoring and control for seven out of 37 remote sites, across four different water systems. Cannon was tasked to create standardized SCADA designs, for both hardware and software implementation, from the SCADA Master Plan to integrate all four water systems. Cannon conducted Radio Path Surveys, including evaluating alternatives for communication to the GSWC Anaheim office and developed alternative telemetry design solutions. Mr. Cook served as the certified electrician on this project:

Cypress Ridge SCADA Design-Build - Golden State Water Company, California: GSWC selected Cannon to conduct a Design-Build project to establish a new SCADA system for the newly-incorporated Cypress Ridge water system comprised of 9 well sites, 4 booster pump stations, and 6 reservoirs. Cannon conducted Radio Path and developed alternative telemetry design solutions. This upgrade required new
instrumentation, new control panels with Modicon M340
PLCs, new Ethernet networks, redundant power supplies
and power monitoring, and a completely new Wonderware
System Platform 2017 SCADA system software. Cannon
implemented the hardware and software standards
developed from the SCADA Master Plan. Mr. Cook
served as the certified electrician on this project:

Summary of Select Project
Experience
Mr. Cook served as the certified electrician on
the following projects:
• Pinewood Plant Reservoir and Booster
Pump Station, Golden State Water
Company, Tanglewood (Orcutt), California
Professional Registration
• General Electrician.

California, No. 160069
Education
• Bakersfield College,
Bakersfield, California
(Current)
• Basic Electronics (AC
and DC), Instrumentation/
Process Control,
Programmable
Logic Controllers
(Allen Bradley),
Telecommunication,
Electronic System
Installation AutoCAD,
Mechanical Systems and
Analog & Digital
City Council 44 – 41 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-7
Professional Registration
• Mechanical Engineer,
California, No. 41800
Education
• Bachelor of Science,
Mechanical Engineering,
Colorado School of Mines,
Golden, Colorado
• University of ColoradoDenver Graduate Degree
Program Courses in
Turbomachinery (2006);
Inelastic and Elastic Stress
Analysis (2007)
Professional Affiliations
• ASME) American Society
of Mechanical Engineers,
Advisory Board to the Chair
– Colorado Section
Toby Turnage, PE Designer/Mechanical
Inspector/Material Submittals
Mr. Turnage is an Engineer and experienced Project Manager with comprehensive knowledge of mechanical engineering and its application in areas such as hydraulic turbines, pumps and motors, and governor systems. He is adept at working with clients to develop a technical scope of work with strict scheduling and budgeting efficiency, working with multidisciplinary teams, and retaining excellent administrative capabilities.

He is skilled in reviewing and analyzing data from field representatives, customers, and/or as-built drawings and providing additional technical recommendations or solutions. Additionally, Mr. Turnage is proficient with extensive problem solving and statistical data analysis using such programs as: MS Project, Pro-E, Solid Edge v. 12, WHAMO, Matlab v.6, Labview, Mathcad Professional, Bentley STAAD Pro AutoCAD 2011, PowerPoint, MS Word, Microsoft Excel, and Sharepoint.

Well 31 Tank Replacement, Simi Valley, California: The District operates Well 31, which supplies the City’s 1 MGD Treatment Plant. The well site is equipped with a bolted galvanized steel tank. The tank serves to set a positive hydraulic gradient upstream of the pressure reducing valve supplying the Treatment Plant. The City had planned to replace the old and corroded tank. Cannon investigated the tank and concluded the condition of the tank at Well Site 31 required more immediate attention than the tank at Well Site 32 and needed replacement in-kind with the same existing volume. Cannon provided the topographic survey of the site and a 3D scan off Tank Site 31, coordinated with the tank manufacturer for the design of the steel tank, provided design for the foundation and connections of the tanks to the foundation, and provided the existing piping and drainage information to the tank manufacturer to reduce modifications. Mr. Turnage provided mechanical engineering services for this
project.

Summary of Select Project Experience
Mr. Turnage served as mechanical engineer on the
following projects:
• Electrical Engineering Design Services for
Plant 408, Suburban Water Systems,
Covina, California
• Pinewood Plant Reservoir and Booster
Pump Station, Golden State Water
Company, Tanglewood (Orcutt),
California
City Council 44 – 42 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-8
Kyle Askarian, PE
Timber Design/Construction Inspector
Mr. Askarian has been providing structural engineering services since 2012. His experience includes design and analysis of aluminum, timber, concrete, masonry, and steel structures as well as architectural components and mechanical equipment. He specializes in concrete and steel design. In addition to structural design and analysis, he has been involved in a number of projects as a support designer, some of which are highlighted below. 15 MG Zone 1 Reservoir Coating and Improvements Project, Irvine Ranch Water District, Irvine, California: Irvine Ranch Water District evaluated their existing 15 MG steel tank to prepare a recoating and tank repair plan to rehabilitate the tank. Mr. Askarian provided structural engineering services.

Las Virgenes Municipal Water District (LVMWD) Cornell Pump Station, Las Virgenes, California: Cannon provided a review of the existing Cornell Pump Station and recommended upgrades to increase the reliability of the Cornell Pump Station for future MWDSC shutdowns and emergency operations. The capacity of the pumps were evaluated and a recommendation was provided to ensure similar capacity for both pump systems without degrading the hydraulic gradient on either the suction or discharge side of the pump station. Cannon prepared technical memorandum, which included condition of the current equipment, to provide different power alternatives and cost of improvements. Recommended improvements included CEQA recommendation, HVAC and cooling system for the electrical equipment within the pump station, evaluation of different power alternatives for the pumps, and recommended motor and engine replacement. Mr. Askarian provided structural engineering services.

Santa Clarita Valley Water Agency (SCVWA), Dean Zone Pump Station at Skyline Ranch, Santa Clarita, California: The Skyline Ranch Project site covers approximately 2,173 acres in the Santa Clarita Valley. Pardee Homes is developing approximately 496 acres
of the site with 877 single-family residential,
344 multiple family residential dwelling units,
a 12-acre elementary school site, 11 acres of
public parkland, nine acres of private parkland,
and approximately 131 acres of manufactured
slopes and irrigated landscaping. SCVWA
will serve the proposed development from
three pressure zones. The development will
be served through extensions of the existing
Plum Canyon Zone and Deane Zone, and
construction of a new Skyline Ranch Zone.

Cannon is currently providing professional
engineering services to prepare final design
plans, specifications, and cost estimates.

Mr. Askarian provided structural engineering
services.

Professional Registration
• Civil Engineer,
No. C86477
Education
• Master of Science,
Structural Engineering,
California State University,
Northridge, California
• Bachelor of Science,
Civil Engineering, Azad
University
Affiliations
• American Society of Civil
Engineers (ASCE)
• The Steel Stud
Manufacturers Association
• Cold-Formed Steel
Engineers Institute
• Metal Stud Engineers
Association
• Concrete and Steel
Association
City Council 44 – 43 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-9
Christine C. Kahn, PE
Construction Administration
Ms. Kahn is an experienced project manager, project engineer, and construction inspector with 35 years of experience in the public infrastructure field. She offers expertise in constructability reviews, preliminary site planning and permitting, and funding assistance.

Throughout the course of her career, she has honed her abilities as an astute problem-solver capable of designing, managing, and inspecting transportation projects with proficiency.

Ms. Kahn has assisted local agencies in obtaining funding for improvement of their transportation infrastructure and transportation services. As a Transportation Engineer for Caltrans, she was the lead engineer in the development of various complex transportation projects on the State Highway System. Ms. Kahn also managed a team of engineers to prepare technical documents that required extensive coordination with several functional units within the district, region, headquarters and outside regulatory agencies. She followed many of her projects into construction to oversee field personnel to ensure the cost effective and timely delivery of the project.

Pinewood Reservoir and Booster Pump, Tanglewood, California:

Cannon provided construction inspection, construction coordination, submittal, and RFI review services for the installation of a 0.238-milliongallon steel reservoir, booster pump station, generator, and sound-attuning fence. The reservoir and booster pump station are at the site of an existing Golden State Water Company (GSWC) well. The booster pump station consists of four pumps, ranging from 15 to 75 HP. Reservoir construction included subdrain system, steel stairway, and various
hatches, cleanouts, and piping attachments.

Cannon provided inspection services for onsite
work, including inspection of foundation, tank,
coatings, cathodic protection system, and safety
and structural modifications, booster pump
station, and generator install. Cannon observed
pressure testing and disinfection of the water
main/service and appurtenances as required,
recorded observations of relevant pressure
testing, and disinfection monitoring.

Professional Registration
• Civil Engineer, California,
No. 41877
Education
• Bachelor of Science, Civil
Engineering, California
Polytechnic State University,
San Luis Obispo, California
Certifications
• OSHA-Confined Space
Entry
• Asphalt 101 for Civil and
Geotechnical Engineers –
Asphalt Pavement Alliance
Professional Affiliations
• American Society of Civil
Engineers; Past President,
SLO Branch
• American Public Works
Association, Member,
Central Coast Chapter,
• Alpha Chi Omega Sorority,
CPSU, Lifetime Member
City Council 44 – 44 6/21/2022
Well 29 Rehabilitation Improvements Cannon A-10
Education
• Bachelor of Science, Civil
Engineering, California
Polytechnic University, San
Luis Obispo, California
Software Skills
• Bluebeam Revu Extreme
• Auto CAD
• Adobe Acrobat
• Microsoft Suite
• Impact
Esther Lopez
Office Engineer/Alternate Construction
Administration
Ms. Lopez demonstrates effective teamwork, communication, and management. She prepares project reports and reviews and references drawings. She has conducted rebar inspection, concrete inspection, and compaction inspections. Ms. Lopez has experience analyzing and compiling pay applications and change orders, she has transferred RFIs and submittals to database platforms for project team and client accessibility.

Construction Management for Hwy 46 East Water Main Relocations, Lost Hill Utility District (LHUD), Lost Hills, California: The widening of Caltrans Highway 46, at the interchange with Interstate 5, required the relocation of several LHUD pipeline segments, out of Caltrans right-of-way.

The pipeline relocations consisted of moving approximately 2,100 linear feet of 12-inch C900 PVC pipe and approximately 550 linear feet of 8-inch C900 PVC pipe. Two segments of the pipe were constructed using trenchless technology, specifically horizontal directional drilling (HDD). Cannon successfully provided construction management and Inspection services, including construction staking; materials testing and sampling; Caltrans coordination; administration of Caltrans/LHUD agreement; and storm water monitoring. Ms. Lopez served as Office Engineer.

Construction Management for Pismo Streetscape: Shell Beach Road, Pismo Beach, California: This project involved the construction of a multiuse path placed along the east side of Shell Beach Road, along the Caltrans right-of-way boundary, to connect the Shell Beach Elementary School to Dinosaur Caves Park. In addition, several other surface enhancements were needed, including ADA-compliant sidewalks and curb ramps, intersection bulb-outs for pedestrian safety and traffic calming, landscaping, streetscape furnishings and amenities, lighting, walls and
fences, fresh pavement surfaces, new striping and
markings, and public art displays. The City retained
Cannon to provide construction management,
inspection, materials testing, and administrative
services. Ms. Lopez served as Office Engineer.

Select Project Experience
Summary
Ms. Lopez has served as Office Engineer/
Document Control on the following projects:
• Construction Management Services for
Main West Tank, Paso Robles, California
• Construction Management Services for
S. River Rd Sewer Abandonment and Lift
Station No.8 Force Main Extension, Paso
Robles, California
City Council 44 – 45 6/21/2022
The wet-signed and sealed, by a California Certified Public Notary, original of this Non-Collusion Affidavit form has been provided in the original hard-copy proposal submittal.

City Council 44 – 46 6/21/2022
City Council 44 – 47 6/21/2022
City Council 44 – 48 6/21/2022
City Council 44 – 49 6/21/2022
Reliable
Responsive
Solutions
Cannon
16842 Von Karman Avenue
Irvine, CA 92606
949.753.8111
City Council 44 – 50 6/21/2022

EXHIBIT C
City Council 44 – 51 6/21/2022
City of Santa Ana
Well 29 Rehabilitation Improvements
Construction Management and Inspection Services RFP No.: 21-135 Cannon
1050 Southwood Drive
San Luis Obispo, CA 93401
805.544.7407
Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost

1.1 Constructability Analysis 15 $2,775 3 $420 2 $280 5 $925 2 $280 2 $280 5 $490 34 $5,450

1.2 Perform Bid Analysis to determine the Lowest Responsible Bidder 5 $925 5 $925

1.3 Receive and Review Contractor Paper Work 5 $925 5 $490 10 $1,415

1.1 Constructability Analysis 8 $1,120 2 $280 2 $280 12 $1,680

1.2 Pre-Construction Conference 3 $555 3 $420 3 $555 3 $420 3 $420 15 $2,370

1.3 Review Baseline CPM Schedule 1 $185 2 $280 3 $465

1.4 Review Stormwater Pollution Prevention Program (SWPPP) 2 $370 4 $560 6 $930

1.5 Review Initial Project Submittals 8 $1,480 8 $1,480

1.6 Preliminary Utility Coordination 4 $740 8 $1,120 12 $1,860

1.7 Public Outreach

2.1 Records and Documentation 5 $975 20 $3,700 96 $13,440 16 $2,960 16 $2,960 4 $560 152 $14,896 80 $13,200 389 $52,691

2.2 Safety and Traffic Management 5 $975 32 $5,920 96 $13,440 133 $20,335

2.3 Schedule and Progress 12 $2,340 32 $5,920 40 $5,600 84 $13,860

2.4 Submittals and Requests for Information (RFIs) 40 $7,400 24 $3,360 20 $3,700 20 $3,700 4 $560 52 $5,096 20 $3,300 180 $27,116

2.5 Structures Inspection 16 $2,960 24 $3,360 4 $560 44 $6,880

2.6 Construction Inspection 40 $7,800 240 $44,400 1312 $183,680 20 $3,700 40 $5,600 20 $3,700 40 $5,600 4 $560 1716 $255,040

2.7 Control of Materials 40 $7,400 24 $4,440 24 $4,440 48 $6,720 136 $23,000

2.8 Cost Control Management 16 $2,960 16 $2,960

2.11 Grant Reimbursment

3.1 Final Inspection and Punch List 8 $1,560 24 $4,440 32 $4,480 16 $2,960 24 $3,360 16 $2,960 24 $3,360 4 $560 8 $784 156 $24,464

3.2 As-Built Record Drawings 16 $2,960 32 $4,480 8 $1,480 16 $2,240 8 $1,480 16 $2,240 2 $280 98 $15,160

3.3 Final Project Records 8 $1,480 16 $2,240 6 $1,110 12 $1,680 6 $1,110 12 $1,680 1 $140 40 $3,920 20 $3,300 121 $16,660 Total Estimated Hours 70 $13,650.00 527 $97,495.00 1700 $238,000.00 113 $20,905.00 99 $13,860.00 115 $21,275.00 99 $13,860.00 73 $10,220.00 262 $25,676.00 120 $19,800.00 3178 $474,741.00 $489,741
*Note:

Fee Schedule is based on 260 working days.

If the project working days will increase due to currently unknown factors, additional fees will be added based on T&M Basis.

This fee schedule does not include any overtime work. If authorrized by the City, Overtime work shall be extra and based on T&M Basis.

Public Outreach is optional and its fees/value shall be on T&M Basis.

Labor Compliancveis optional and its fees/value shall be on T&M Basis.

Claims Assistance optional and its fees/value shall be on T&M Basis.

Warrnty Work fees/value shall be based on T&M Basis.

Esther Lopez
$140 $140 $98 $165
TOTAL
$15,000
$15,000
Task
Subconsultant Estimated Cost
Pat Riddell
$140
Estimated Cost
Pre-Bid Phase
Desiner/Building
Inspector
Kyle Askarian
Principle in Charge Resident Engineer
Dereck Romero
Construction
Adminstrator/Assistant
Toby Turnage Christine Kahn
Electrical Inspector Mecnical Inspector
Matt Cook Toby Turnage
Design/Submittals
Review
$195 $185 $185 $140 $185
Reimbursables related to processing RFI, CCO, ---etc. including final reporting, and other reproducables Hany Henein Jameson Farr/John Ornelos
Electrical
design/Submittals
Office Engineer/Alternate Project
Adminstrator
Construction
Inspector
Pre-Construction
Construction
Post Construction
Estimated
Cost
Reimbursables
Estimated
Cannon
Hours
City Council 44 – 52 6/21/2022
2022-2024 Rates Range
Bill Rate Ranges
Subject to change
Assistant Resident Engineer $ 135 - $ 163 Project Designer $ 83 - $ 139 Associate Engineer $ 140 - $ 195 Project Engineer $ 120 - $ 167 Associate Landscape Architect $ 145 - $ 170 Project Manager / Sr. Principal $ 195 - $ 231 Associate Planner $ 140 - $ 173 Resident Engineer $ 155 - $ 193 Automation Design/Project Engineer $ 115 - $ 152 Sr. Associate Engineer $ 150 - $ 210 Automation Specialist $ 135 - $ 160 Sr. Automation Specialist $ 163 - $ 190 Automation Technician $ 95 - $ 120 Sr. Automation Technician $ 126 - $ 155 CAD Tech $ 85 - $ 110 Sr. CAD Tech $ 90 - $ 120
CAD Manager $ 100 - $ 130 Sr. Construction Manager $ 180 - $ 210 Construction Inspector I - III $ 110 - $ 142 Sr. Consultant / Principal-in-Charge $ 185 - $ 285 Construction Manager $ 155 - $ 180 Sr. Land Surveyor $ 171 - $ 232 Controller $ 70 - $ 116 Sr. Landscape Architect $ 153 - $ 185 Design Engineer $ 110 - $ 153 Sr. Plan Check Engineer $ 130 - $ 188 Director $ 180 - $ 235 Sr. Planner $ 153 - $ 185
Engineer Tech $ 98 - $ 117 Sr. Principal Designer $ 110 - $ 162 Engineering Assistant I - II $ 80 - $ 113 Sr. Principal Engineer $ 180 - $ 260 Engineering Manager $ 210 - $ 250 Sr. Project Designer $ 105 - $ 152 Grant Funding Manager I - II $ 130 - $ 171 Sr. Project Engineer $ 130 - $ 180 I&E Services Coordinator $ 80 - $ 105 Sr. Project Manager $ 190 - $ 245 Information Systems Admin/Manager $ 75 - $ 121 Sr. Resident Engineer $ 172 - $ 205 Land Surveyor I - V $ 150 - $ 207 Structures Representative $ 165 - $ 191 Landscape Architect $ 105 - $ 125 Survey Manager $ 195 - $ 255 Landscape Designer I - II $ 80 - $ 123 Survey Technician I - VI $ 105 - $ 188 Lead Automation Specialist $ 147 - $ 175 Technical Writer I - IV $ 90 - $ 145 Lead Automation Technician $ 105 - $ 140
Lead Designer $ 100 - $ 144 Survey Crew Rates - Regular Marketing Manager / Director $ 125 - $ 158 One-Man Field $ 180 - $ 197 Office Engineer / Construction I - III $ 98 - $ 135 Two-Man Field $ 255 - $ 279 Plan Check Engineer I - III $ 120 - $ 188 Three-Man Field $ 335 - $ 366 Planner I - III $ 83 - $ 125 Two-Man - HDS $ 295 - $ 322 Planning Assistant I $ 55 - $ 74
Principal Construction Engineer $ 185 - $ 205 Survey Crew Rates - Prevailing Wage Principal Designer $ 110 - $ 157 One-Man Field $ 230 - $ 247 Principal Engineer $ 170 - $ 218 Two-Man Field $ 305 - $ 329 Three-Man Field $ 435 - $ 450
Electrical - Prevailing Wage
Electrician $ 110 - $ 194
CM - Prevailing Wage
BCI Construction Inspector $ 145 - $ 165
Forensics Engineering / Expert Testimony Fee Schedule Available Upon Request.

Other Direct Charges
Black Line Plots $2.00 per page Color Plots $5.00 per page Outside Reproduction Cost + 15% Travel and Related Subsistence Cost + 15% Automation & Electrical Materials Cost + 15% (+tax) Standard Mileage Rate IRS Rate per mile Subconsultant Fees Cost + 5% Airplane Mileage Rate GSA Rate per mile All of the above hourly rates include all direct labor costs and labor overhead, general and administrative expenses and profit. All direct expenses, such as special equipment, shipping costs, travel other than by automobile, parking expenses, and permit fees will be billed at the actual cost plus 15%. If the client requests, or the client’s schedule requires work to be done on an overtime basis, a multiplier of 1.5 will be applied to the stated rates for weekdays for daily hours in excess of 8 as well as weekends and a multiplier of 2.0 for daily hours in excess of 12 and holidays. If the client requests field services to be provided outside of normal working hours (between 6:00 p.m. and 6:00 a.m.), a multiplier of 1.5 will be applied to the stated rates. For prevailing wage projects, if the client requests field services to be provided on any given Sunday, a multiplier of 2.0 will be applied to the stated rates and on or around an observed holiday, other rates may be applied. Survey Crews and Automation Field staff are billed portal to portal, and mileage charges are included in the hourly rate. A minimum charge of 4 hours will be charged for any Automation Field Service calls outside of normal working hours (between 6:00 p.m. and 6:00 a.m.). The stated rates are subject to change, typically on an annual basis.

City Council 44 – 53 6/21/2022
Public Works Agency
www.santa-ana.org/pw
Item # 45
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Solid Waste Consulting Services Agreement Amendment – Ongoing Transition Assistance

AGENDA TITLE
Approve an Amendment to the Agreement with HF&H Consultants, LLC to Expand the Solid Waste Consultant Services Scope of Work, Increase the Agreement Capacity by $120,000, and Exercise the One-Year Extension (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute the third amendment to the agreement with HF&H Consultants, LLC to expand the solid waste consulting services scope of work, increase the total compensation by $100,000, plus a contingency of $20,000, for a total additional amount not to exceed $120,000, and exercise the one-year extension expiring June 30, 2023, with option to extend the term for one additional year, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
HF&H Consultants previously assisted the City in establishing the City’s “Green Policy” and goals, negotiated an extension of the solid waste services agreement, developed a draft solid waste services Request for Proposal (RFP) and agreement, evaluated proposals, expanded the RFP scope of work and agreement language, initiated negotiations, prepared contracts, and provided certain contract transition services.

The Public Works Agency desires to amend the agreement to modify HF&H Consultants’ scope of work to include additional contract transition services such as review of public education and outreach efforts, monitoring of contract compliance and regulatory compliance, and assistance with CalRecycle matters. The term and compensation will also be amended to allow sufficient time and contract capacity for the requested services (Exhibit 1).

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

City Council 45 – 1 6/21/2022
Solid Waste Consultant Services Agreement Amendment
June 21, 2022

FISCAL IMPACT
The total amount of the requested amendment is $120,000. Funds have been budgeted and will be available for expenditure in FY 2022-23 as follows:

Fiscal Year Accounting Unit
– Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 06917640-62300
Refuse
Collection
Service
Refuse Collection
Service, Contract
Services-Professional
$120,000

EXHIBIT(S)

1. Third Amendment to Agreement with HF&H Consultants
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 45 – 2 6/21/2022
EXHIBIT 1
City Council 45 – 3 6/21/2022
City Council 45 – 4 6/21/2022
Public Works Agency
www.santa-ana.org/pw
Item # 46
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Solid Waste Consultant Agreement Amendment – State Mandate Compliance Assistance

AGENDA TITLE
Approve an Amendment to the Agreement with EcoNomics, Inc. to Modify the Scope of Work for Solid Waste Consultant Services, Increase the Agreement Capacity in an Amount Not to Exceed $284,920, and Exercise the One-Year Extension (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute the third amendment to the agreement with EcoNomics Inc. to expand the solid waste consulting services scope of work, and increase the total compensation by $284,920 through the extension expiring June 30, 2023, with option to extend the term for one additional year, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency has worked with EcoNomics, Inc. since 2019 on a variety of State-compliance related processes such as development of cost projections for an organics diversion program, municipal code updates related to CALGreen building standards compliance, the development of enforcement mandates for new and existing State of California mandates, development of a citywide ordinance/Santa Ana Municipal Code revisions, expansion of the CALGreen compliance program, City/County Payment Program reporting, and assistance with the transition to a new solid waste agreement.

The Public Works Agency desires to amend the agreement to modify the scope of work to include additional services such as solid waste contract compliance assistance, contract transition assistance, and Senate Bill 1383 grant implementation in order to comply with state mandates (Exhibit 1). The term and compensation will also be amended to allow sufficient time and contract capacity for the requested services.

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

City Council 46 – 1 6/21/2022
Solid Waste Consultant Services Agreement Amendment
June 21, 2022

FISCAL IMPACT
The total amount of the requested amendment is $284,920. Funds will be budgeted and available for expenditure in FY 2022-23 as follows:

Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 06917640-62300
Refuse
Collection
Service
Refuse Collection
Service, Contract
Services-Professional
$284,920

EXHIBIT(S)

1. Third Amendment to Agreement with EcoNomics, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 46 – 2 6/21/2022

THIRD AMENDMENT TO AGREEMENT FOR

SOLID WASTE CONSULTING SERVICES
THIS THIRD AMENDMENT to the above-referenced agreement is entered into on June 21, 2022, by and between EcoNomics, 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. The parties entered into Agreement No. N-2019-080, dated April 1, 2018, by which Consultant agreed to develop cost projections for an organics diversion program compliant with state law (“Agreement”). The term of the Agreement ran through June 30, 2020.

B. On June 16, 2020, the Parties entered into a First Amendment to the Agreement to increase the scope of services, include additional compensation due to the increased services, and extend the term of the Agreement until June 30, 2021.

C. On June 15, 2021, the Parties entered into a Second Amendment to the Agreement to increase the scope of services, include additional compensation due to the increased services, and extend the term of the Agreement until June 30, 2022. The Agreement is current and in effect.

D. The parties now wish to further amend the Agreement to expand the scope of work, increase the amount to be expended under the Agreement, and extend the term of the Agreement.

The Parties therefore agree:

1. Section 1, Scope of Services, is further amended to include the additional services that are described on Exhibit A to this Third Amendment.

2. Section 2.a, Compensation, is amended in its entirety to increase the not-to-exceed amount to be expended under the term of the Agreement, as amended, by Two Hundred Eighty-Four Thousand Nine Hundred Twenty Dollars and Zero Cents ($284,920) for a contract total amount of Four Hundred Ninety-Four Thousand Dollars Eight Hundred Seventy-Two Dollars and Zero Cents ($494,872) per the rates and fees attached here to as Exhibit A to this Third Amendment.

3. Section 3, Term, is amended in its entirety to increase the term through June 30, 2023, with the option for the parties to extend the term for an additional one (1) year period.

4. Except as modified by this Third Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
[signature page to follow]
EXHIBIT 1
City Council 46 – 3 6/21/2022

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

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO, City Attorney
By:___________________________ _______________________________ BRANDON SALVATIERRA By:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director,
Public Works Agency
City Council 46 – 4 6/21/2022
Public Works Agency
www.santa-ana.org/pw
Item # 47
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Shared Services Agreement with the Municipal Water District of Orange County

AGENDA TITLE
Approve an Agreement with the Municipal Water District of Orange County for Shared Programs and Services in an Amount not to Exceed $750,000 for a Five-Year Term (NonGeneral Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a five-year period beginning upon approval by the Municipal Water District of Orange County and expiring June 30, 2027, in an amount not to exceed of $750,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Municipal Water District of Orange County (MWDOC) provides wholesale imported water, services and programs to its member agencies throughout Orange County. While the Public Works Agency’s Water Resources Division does not purchase water from MWDOC, it does pay for water enterprise support services. As both the City and MWDOC are member agencies of the Metropolitan Water District of Southern California (MWD) and have many common interests related to water activities, programs, and organizations within Orange County, the agencies have partnered to fund and collaborate in efforts including planning, research, policy development, and other activities.

The following are examples of the MWDOC-led programs that Water Resources Division staff have utilized in the past and desire to continue to use over the term of the agreement:
 Water use efficiency programs
 School education programs (K-12)
 Shared consulting services
 Water resource planning
 Water loss control technical assistance
 Water emergency preparedness and support of the Water Emergency Response Organization of Orange County (WEROC)
City Council 47 – 1 6/21/2022
MWDOC Shared Services Agreement
June 21, 2022

MWDOC’s coordination of shared services for its member agencies provides operational efficiencies and allows the City to more quickly engage in MWDOC activities by clearly establishing a basic foundation for this contractual business relationship. Approval of the master agreement will give the Water Resources Manager approval authority to participate in specific programs and services offered by MWDOC as outlined in the agreement (Exhibit 1).

To standardize and simplify implementation of these activities, the agreement requires approval of all programs and services on annual basis at the City’s sole discretion. There is no obligation by the City to participate in, or provide financial contribution for, any program or service other than those elected each year. Should the Water Resources Division desire to add supplementary programs or services during the term of this agreement, staff will return to the City Council for approval of an amendment to incorporate those activities.

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

FISCAL IMPACT
Funds will be budgeted for expenditure in future fiscal years, including the renewal option, based on the needs of the Water Resources Division. The following is an estimate of expenditures by fiscal year:

Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (5-Year Term)
2022-23 06017645-62300 Water Fund
Water
Admin/Engineering,
Contract ServicesProfessional
$150,000
2023-24 06017645-62300 Water Fund
Water
Admin/Engineering,
Contract ServicesProfessional
$150,000
2024-25 06017645-62300 Water Fund
Water
Admin/Engineering,
Contract ServicesProfessional
$150,000
2025-26 06017645-62300 Water Fund Water
Admin/Engineering, $150,000
City Council 47 – 2 6/21/2022
MWDOC Shared Services Agreement
June 21, 2022

Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract ServicesProfessional
2026-27 06017645-62300 Water Fund
Water
Admin/Engineering,
Contract ServicesProfessional
$150,000
Total: $750,000

EXHIBIT(S)

1. Master Agreement with MWDOC
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 47 – 3 6/21/2022
1 55401.00001\29553757.1

MASTER AGREEMENT FOR SHARED PROGRAMS AND SERVICES BETWEEN

THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY &

THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into as of 21st day of June, 2022, by and between the Municipal Water District of Orange County (“MWDOC”) and the City of Santa Ana (“City”) to provide for participation by the City in various programs and services administered by MWDOC, as described herein. The City and MWDOC are referred to jointly as “Parties” and individually as “Party.”

RECITALS
WHEREAS, the Parties are both member agencies of the Metropolitan Water District of Southern California (“Metropolitan”) and have many common interests related to water activities, programs and organizations within Orange County; and
WHEREAS, the Parties share many water planning characteristics, including location, climate history, demographics, water sources, water supplies and demand management measures; and WHEREAS, the Parties share a long and successful history of collaborating on water resource activities, planning analysis and reports, water use efficiency programs, and other joint efforts; and WHEREAS, the Parties desire to cooperate and pool resources to obtain economies of scale on joint studies and programs, share information developed independently, simplify the process of implementing water use efficiency measures, and maximize grant funding for all of these activities; and WHEREAS, the Parties have prepared this Agreement to address the common goal of consolidating and streamlining the contracting procedures required for MWDOC’s administration of, and the City’s participation in, the programs and services referenced herein; NOW, THEREFORE, the Parties agree as follows:

1. Water Use Efficiency Programs (“WUE Programs”)

1.1. Notice Procedures

1.1.1. Subject to the limitations set forth in this section, the Parties shall work together to make WUE Programs available to water users throughout the City’s water service area. In general, the City will have access to the same “choice”, or pay-for-service, WUE Programs that are currently available to MWDOC member agencies. Within thirty (30) days of the Effective Date, MWDOC shall send a written notice to the City listing all available WUE Programs and the requirements for each along with enrollment forms for participation in those WUE Programs. This written notice shall contain the estimated costs of the WUE Program as well as that program's specific requirements and terms and conditions. Thereafter, MWDOC shall provide a written notice with this information for every upcoming fiscal year at the time of MWDOC’s budget preparation or within thirty (30) days of new information being made available to MWDOC by Metropolitan. The notices to be provided by MWDOC shall be referred herein as the WUE Program Notice. MWDOC shall also provide the City with any other information or documents which are required for participation in WUE Programs or reasonably requested by the City in connection with WUE Programs. For each fiscal year, the City shall review the WUE Program Notice and choose the WUE Programs and the level City Council 47 – 4 6/21/2022

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2 of its participation that the City deems beneficial. In connection with the foregoing, the City will notify MWDOC in writing by indicating in the WUE Program Notice the level of the City's participation in any WUE Program for each fiscal year ("WUE Participation Notice).

1.1.2. If a new WUE Program is introduced or a material amendment is made to an existing WUE Program during a fiscal year, MWDOC shall provide the City with a written notice thereof ("Amended WUE Program Notice”) as soon as reasonably possible prior to the date the new program or amendment is scheduled to commence. This Amended WUE Program Notice shall contain the program's specific requirements and terms and conditions and any costs that may be ascertainable at such time. Within thirty (30) days of receiving the Amended WUE Program Notice, the City will notify MWDOC in writing whether the City will participate in the new or amended WUE Program and the level of its participation (“Amended WUE Participation Notice”).

1.1.3. Except to the extent of the elections made in the WUE Participation Notice and the Amended WUE Participation Notice, the City shall have no obligation to participate in any WUE Program, including, but not limited to, any obligation to provide financial contribution to such program.

1.1.4. The City understands that specific requirements and terms of conditions may apply to each WUE Program that the City chooses to participate in and agreeing to such requirements and terms and conditions is a prerequisite to the City’s participation in such WUE Programs. In connection with the foregoing, MWDOC shall provide the City with all applicable specific requirements and terms and conditions in a WUE Program Notice or Amended WUE Program Notice.

1.1.5. The City understands that by entering into this Agreement it agrees to pay MWDOC for its proportionate share of MWDOC’s costs for administering MWDOC’s WUE Program based on and to the extent of the City’s level of participation as more particularly described in Section 1.8. If the City elects to participate in any or all MWDOC WUE Programs, MWDOC will invoice the City for such costs as described in Section 1.8.

1.1.6. The City is responsible for monitoring its level of participation in any WUE Program and is responsible for payment of all funding contributions required of the City by the WUE Program as authorized by a WUE Participation Notice or Amended WUE Participation Notice. In connection therewith, MWDOC is not responsible for any of the City’s required payments or funding contributions even if they are above any cost estimate or the City’s budgeted amounts authorized by a WUE Program Notice or Amended WUE Program Notice, except pursuant to the results of an audit by the City under Section 8.3.

1.1.7. In the event a WUE Program is terminated early, City is responsible for payment of any funding contributions required by the WUE Program to the extent of applications initiated prior to the effective date of the termination. For purposes of the preceding sentence, an application is deemed initiated when an application has been received by Metropolitan’s City Council 47 – 5 6/21/2022

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3 rebate vendor, EGIA, by MWDOC, or a reservation has been made within any of MWDOC’s online application portals that is pursuant to any of the WUE Programs described within this Agreement.

1.1.8. Notwithstanding any other provision of this Agreement, MWDOC providing funds for any of the MWDOC WUE Programs is conditioned upon the availability of funds and MWDOC is under no obligation to provide funding to City for any WUE Program if MWDOC determines, in its own discretion, that such funding is exhausted, reduced, eliminated, or unavailable from any funding source, for any reason. In the event MWDOC determines funding for a WUE Program has been exhausted, reduced or unavailable, it will notify the City immediately and City may terminate its participation in that affected WUE Program upon MWDOC’s receipt of the City’s written notice.

1.2. WUE Programs Availability

1.2.1. Subject to the limitations set forth herein, the Parties agree that the WUE Programs chosen by the City for participation in the City’s WUE Participation Notice or Amended WUE Participation Notice, shall be made available throughout the City’s water service area for the Term, without the need for a separate agreement between the Parties in addition to this Agreement.

1.2.2. MWDOC shall involve the City in the WUE Program marketing to occur within the City, and the City agrees to assist in the marketing of WUE Programs it participates in under this Agreement; provided, City may terminate any MWDOC marketing efforts within the City’s water service area which City deems contrary to its best interests. If any marketing efforts will extend to areas outside of the City's water service area, MWDOC will work with the City to address City's concerns. In those cases where MWDOC and City do not reach a mutually acceptable compromise, MWDOC will make all reasonable efforts to remove the City from such objectionable marketing efforts at the City's written request.

1.3. Grant Funding

1.3.1. Subject to any grant requirements and conditions, Grant funding obtained by MWDOC for WUE Programs may be made available to end water users within the City’s water service area. In order for end water users within the City to be eligible to receive such grant funds from MWDOC, MWDOC will provide the City with the applicable grant terms and conditions and, if acceptable to the City, the City will provide MWDOC written notice of its acceptance of those terms and conditions. The administration of any MWDOC grant funding will be on a program by program basis, contingent upon the terms and conditions of each program.

1.4. MWDOC-Administered Programs.

City Council 47 – 6 6/21/2022

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4 1.4.1. From time to time, funding may be made available from Metropolitan for MWDOC to operate a customized local water conservation incentive program or programs (“MWDOC Administered” or “MAA Program”) in its service area, with access to the Metropolitan Base Incentives for such. As City is also a Metropolitan member agency, in order for MWDOC to administer the MAA Program for City, City would be required to apply to Metropolitan separately for funding. If the City desires MWDOC to administer a MAA Program, City will provide MWDOC a WUE Participation Notice or an Amended WUE Participation Notice.

In such cases, MWDOC will administer the MAA Program for City and invoice City for activity in City’s service area. City will reimburse MWDOC for any activity and the City is also responsible for seeking and securing reimbursement directly from Metropolitan. Specific terms and conditions will be provided by MWDOC to the City in the annual WUE Program Notice or an Amended WUE Program Notice.

1.5. Supplemental Funding

1.5.1. If the City elects to provide supplemental funding or enhanced incentives for a WUE Program provided under this Agreement, the City is responsible for tracking the use of and the remaining availability of such supplemental funds. MWDOC will assist in every reasonable way, but the ultimate responsibility for tracking all City funding is the responsibility of City, and City is responsible for any overuse of City funding. Supplemental funding designations should be indicated in the WUE Participation Notice or Amended WUE Participation Notice. In the event any City provided funding for any WUE Program is exhausted, and the City does not elect to add additional funding or transfer available funding from another WUE Program, MWDOC will discontinue offering the additional rebate funding for that Program in the City’s service area.

1.5.2. City may also choose to provide additional supplemental funding of its own to augment the Metropolitan Base Incentives offered through SoCal Water$mart. City will coordinate any such supplemental funding directly with Metropolitan.

1.6. Installation Verification and Inspection

1.6.1. The City shall be responsible for conducting installation verifications/inspections of items and devices installed, distributed, and/or rebated pursuant to this Agreement to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures shall conform with MWDOC’s Inspection and Verification Procedures attached hereto as Exhibit A ("Inspection and Verification Procedures") and incorporated herein by reference.

1.6.2. In connection with any selected WUE Programs that require installation verifications/inspection and to ensure compliance with program requirements, the City may elect to (1) conduct its own installation verifications/inspections by either utilizing its inhouse staff or contracting with a third party vendor of its choice; or (2) utilize MWDOC’s installation verification/inspection contractor to conduct the installation verification/ City Council 47 – 7 6/21/2022

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5 inspections. MWDOC shall invoice the City monthly for any such inspection costs incurred by MWDOC on behalf of the City. In addition to the direct costs to MWDOC, reasonable staff time and overhead attributable to the verification/inspection services may be invoiced to the City.

1.6.3. Notwithstanding any other provision in this Agreement, City understands and agrees that if City utilizes MWDOC’s verification/inspection vendor that MWDOC is in no way liable or responsible for the acts or omissions of such vendor and makes no representations or warranties regarding the quality of such vendor’s work. City’s sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC’s verification/inspection vendor is with the vendor and not with MWDOC.

1.6.4. MWDOC reserves the right to conduct installation verification/inspection of items and devices within the City’s service area that are installed in connection with a WUE Program covered by this Agreement.

1.6.5. In connection with any WUE Program covered by this Agreement, the City acknowledges that any item or device receiving funding from Metropolitan may be subject to an installation verification/inspection to be performed by Metropolitan, or its agent(s), at Metropolitan’s discretion.

1.6.6. The City shall promptly refund to MWDOC any amounts paid under any WUE Program for installed or distributed items or devices, including any grant funds, in the event MWDOC or Metropolitan establishes via installation verification/inspection and/or audit that the program items or devices were not installed in compliance with the requirements set forth in the Inspection and Verification Procedures and this Agreement. If the inspection/installation verification is conducted prior to the payment/rebate being issued to the customer, the customer may, at the discretion of MWDOC and/or MET, be offered an opportunity to remedy any installation deficiencies in order to receive the maximum eligible rebate.

Installation deficiencies discovered post-payment will be addressed on a case-by-case basis and may require the reimbursement of any payment/rebate previously issued.

1.6.7. For this section 1.6, “items” and “devices” includes, but is not limited to, plumbing fixtures, irrigation devices, turf (removal and replacement), and any other items, devices or materials that are installed in connection with a WUE Program covered by this Agreement.

1.6.8. At the time this Agreement is made, both the Turf Removal Program and the Spray to Drip Rebate Program require inspection services from the City.

1.7. Program With Matching Contribution Requirement

1.7.1. From time to time, WUE Programs may be developed that require a matching contribution from the City in order for the City to participate in such WUE Programs.

City Council 47 – 8 6/21/2022

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6 1.7.2. The amount of local match funding required for a particular device or program will be determined by the availability of other funding, and the City’s share of the local match funding will be set forth in the WUE Program Notice or Amended WUE Program Notice.

1.8. WUE Program Cost Allocation and Invoicing

1.8.1. During its annual budget process, MWDOC shall allocate to the City a proportionate share of MWDOC’s estimated WUE Program costs (“Choice Costs”). This share of MWDOC’s estimated WUE Program costs shall be determined by dividing the total outside funding provided during the previous calendar year to WUE Program participants within the City’s service area by the total outside funding provided during the previous calendar year to WUE Program participants within the service area of all MWDOC member agencies and other agency participants. That percentage is then applied to MWDOC’s total WUE “choice” program budget, including personnel and overhead costs. An example of the annual reconciliation process is shown in Exhibit C.

1.8.2. MWDOC shall invoice the City for Choice Costs, which do not include the WUE Program administration and funding costs described below in Section 1.8.4, no later than September 30 of each year, and the City shall pay the amount due within forty-five (45) days of receipt of the invoice. MWDOC must be notified of any disputed invoice within thirty (30) days of receipt. An invoice template is shown in Exhibit B, which is attached hereto and incorporated by reference.

1.8.3. With regard to the Choice Costs referenced in Section 1.8.2 above, a reconciliation of actual WUE Program costs will be performed at the end of each year during MWDOC’s budget process and any debts or credits will be reflected in the invoice sent to the City the following year.

1.8.4. MWDOC shall invoice the City on a monthly basis for supplemental funding or enhanced incentives pursuant to Section 1.5.1. These costs are separate from the Choice Costs.

2. Shared Consulting Services

2.1. The Parties shall continue to participate in and fund collective efforts in planning, research, policy development and other activities that require engagement of an outside consultant. MWDOC shall provide the City a copy of each consultant’s proposal for review and comments. For each consultant so engaged, the City will notify MWDOC in writing if it elects to participate in the consulting services and the limit of its financial participation. The City shall have no obligation to pay for any consultant unless the City has agreed to participate in writing and shall not be responsible for paying any costs above the City’s identified limit.

2.2. Water Resource Planning
City Council 47 – 9 6/21/2022

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7 2.2.1. Subject to the first paragraph of this Section 2, the Parties may participate, without the need for an additional agreement, in joint activities and studies designed to ensure water supply and system reliability, including but not limited to, water reliability analyses, water supply and demand projections, master planning for water use efficiency, water system loss analysis and leak detection studies, preparation of urban water management plans and drought contingency plans, demand management studies, and studies related to water transfers, water recycling, groundwater recovery, and water storage programs.

2.2.2. The Parties may participate, without the need for an additional agreement, in joint activities and studies related to system reliability efforts for emergency response.

2.2.3. The City shall have no obligation to pay for consultant unless City has agreed to participate as set forth in the first paragraph of this Section 2.

2.3. Award and Administration of Consultant Agreements

2.3.1. When programs or services administered by MWDOC require MWDOC to engage a consultant, MWDOC will use its standardized professional services agreement as a form and will modify it as required for each particular engagement. MWDOC will award the agreement pursuant to its own Administrative Code and procedures, except as noted in this Agreement.

2.3.2. For each professional services agreement, MWDOC will determine appropriate insurance requirements. When MWDOC requires a consultant’s insurer to name MWDOC, its directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, the same requirement will be made for the City and its Council, officers, agents, employees, attorneys, consultants and volunteers. Other protections in MWDOC’s insurance requirements, including waiver of subrogation rights, will also be extended to the City when practicable.

2.3.3. MWDOC shall administer such professional services agreements and coordinate all aspects of the proposed work. MWDOC shall communicate with the City regularly and upon request regarding the status of the agreement and the work for each professional services agreement in which the City has elected to participate.

2.3.4. MWDOC shall invoice the City for the City’s share of total costs anticipated for each professional services agreement in which the City has elected to participate, as contemplated in this Agreement. Such invoices shall be mailed by the 10th day of each month for the preceding month and shall be paid by the City within forty-five (45) days. The City shall have no obligation to pay for consultant unless City has agreed to participate as set forth in the first paragraph of this Section 2.

2.3.5. MWDOC shall inform the City on a timely basis of any proposed extra work under any professional service agreement being administered by MWDOC that would result in an City Council 47 – 10 6/21/2022

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8 increase in the City’s payment under this Agreement. MWDOC shall obtain input and written concurrence from the City and any other participating agencies prior to the authorization of extra work by the consultant. City shall not have any obligation to pay for any extra work unless the City Manager or his or her designee has provided to MWDOC a written notice of City's agreement for the performance of the extra work. MWDOC will be responsible for paying consultants directly.

3. Water Loss Control “WLC” Shared Services and Technical Assistance

3.1.1. MWDOC shall release WLC Shared Services and Technical Assistance Exhibits (“Exhibits”) annually. In general, the City will have access to the same “choice” WLC Programs that are currently available to MWDOC member agencies. For each fiscal year, the City shall review the Exhibits and choose the WLC Programs and the level of its participation that the City deems beneficial. In connection with the foregoing, the City will notify MWDOC in writing by indicating in the Exhibits the level of the City's participation in any WLC Program for each fiscal year.

3.1.2. If a new WLC Program is introduced or a material change is made to an existing WLC Program during a fiscal year, MWDOC shall provide the City with updated written materials ("Amended WLC Exhibits”) as soon as reasonably possible and prior to the date the new program or change is scheduled to commence. The Amended WLC Exhibits shall contain the program's specific requirements and terms and conditions and any costs that may be ascertainable at such time. Within thirty (30) days of receiving the Amended WLC Exhibits, the City will notify MWDOC in writing whether the City will participate in the new or amended WLC Program and the level of its participation.

3.1.3. Except to the extent of the elections made in the WLC Exhibits and amended WLC Exhibits, the City shall have no obligation to participate in any WLC Program, including, but not limited to, any obligation to provide financial contribution to such program.

3.1.4. The City understands that by entering into this Agreement it agrees to pay MWDOC for its proportionate share of MWDOC’s costs for administering MWDOC’s WLC Program based on and to the extent of the City’s level of participation as more particularly described in Section 3.1.1. If the City elects to participate in any or all MWDOC WLC Programs, MWDOC will invoice the City for such costs as described in Section 3.1.1.

3.1.5. Funding may be made available from Metropolitan for MWDOC to operate a customized local water loss control incentive program or programs (“Grant” or “MAA Program”) in its service area, with access to the Metropolitan Base Incentives for such. As City is also a Metropolitan member agency, in order for MWDOC to administer the MAA Program for City, City would be required to apply to Metropolitan separately for funding. If the City desires MWDOC to administer a water loss control MAA Program, City will provide MWDOC the WLC Exhibits or Amended WLC Exhibits. In such cases, MWDOC will administer the MAA Program for City and invoice City for activity in City’s service area.

City Council 47 – 11 6/21/2022

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9 City will reimburse MWDOC for any activity and the City is also responsible for seeking and securing reimbursement directly from Metropolitan. Specific terms and conditions will be provided by MWDOC to the City in the annual WLC Exhibits or Amended WLC Exhibits.

3.1.6. MWDOC shall invoice the City on a monthly basis for WLC Shared Services and Technical Assistance work completed.

4. MWDOC K-12 Water Education Programs ("Choice School Programs")

4.1. Choice School Programs. The Parties agree that the Choice, or pay-for-service, School Program offerings will be made available in the City's water service area for the Term of this Agreement, without the need for a separate agreement between the Parties in addition to this Agreement. The City sponsors program offerings within its service area at no cost to the schools or students by opting-in. The City will have no obligations to participate in any Choice School Program unless the City has agreed in writing to participate through the annual Choice School Programs Commitment Form.

There are multiple Choice School Program options: (a) a program for students in Kindergarten through Second Grade ("K-2 Choice Elementary School Program"); (b) a program for students in Third Grade through Fifth Grade (“3-5 Choice Elementary School Program”); (c) a program for students in Sixth Grade through Eighth Grade (“Choice Middle School Program”); and (d) a program for students in Ninth Grade through Twelfth Grade ("Choice High School Program").

Program offerings include options for in-person and live virtual lessons presented by trained education specialists. The school approved to receive any Choice School Program will determine whether the program can be delivered in-person or virtually.

Before the start of each school year and the commencement of any Choice School Program during the Term, MWDOC will provide the City with a detailed description of the program offerings and a complete price breakdown for each. The program description provided to the City will include budget recommendations and expected commitments and require written consent by the City before implementation. The City may request minor adjustments during the course of the program, and the City will not incur additional costs without the City’s prior written consent.

4.2. Annually, the City will set Choice School Program commitments. MWDOC and its contractors will attempt to fulfill the commitment amounts. However, there is no guarantee as to the number of schools and students that will participate in the Choice School Programs. MWDOC will invoice the City for the total annual estimated costs. MWDOC will provide a reconciliation at year-end based on the actual services provided. The City will be responsible for paying MWDOC the difference if the estimate is lower than the actual costs and MWDOC will reimburse the City the difference if the estimate is higher than the actual costs.

4.3. Choice School Program Invoices. MWDOC will submit invoices to the City in January and July each year for the services provided in accordance with the Agreement. The City agrees to pay MWDOC for undisputed invoices within forty-five (45) days after receiving the submittal.

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10 4.4. Choice School Program Insurance. MWDOC agrees that all agreements with consultants, who will be performing the work on behalf of MWDOC, will include appropriate insurance levels and requirements. When MWDOC requires a consultant’s insurer to name MWDOC, its directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, the same requirement will be made for the City and its Council, officers, agents, employees, attorneys, consultants and volunteers. Other protections in MWDOC’s insurance requirements, including waiver of subrogation rights, will also be extended to the City when practicable.

5. The Water Emergency Response Organization of Orange County (“WEROC”)

5.1.1. The City of Santa Ana is signatory to the 1983 Orange County Volunteer Emergency Preparedness Organization Agreement which was Amended in 1991 to change the name to WEROC (MWDOC Board Resolution 1623). MWDOC provides the overall staff and support for WEROC and has historically allocated the costs for WEROC among MWDOC, Orange County Water District, the Cities of Anaheim, Fullerton, and Santa Ana, the Orange County Sanitation District and the South Orange County Wastewater Authority.

The purpose of WEROC is to support the resiliency of Orange County’s 36 water and wastewater agencies, and the community of 3.2 million people it serves by working with these agencies and the County to build, sustain, and improve the capability to mitigate against, prepare for, respond to, and recover from threatened or actual natural disasters, acts of terrorism, or other man-made disasters. Services include preparedness and response coordination for mutual aid and other services and to represent water and wastewater entities within the Orange County Operational Area. In order to build the relationships needed for effective response, WEROC works with MWDOC member agencies, Metropolitan, the County Operational Area, the State Office of Emergency Services, Department of Water Resources, EPA, FEMA and other emergency organization partners throughout the year to educate, network, provide training and when required advocate for water and wastewater agencies. WEROC staff works with its member agencies and the City on emergency plans and standard operating procedure development, review of state and federal required trainings for grant eligibility, disaster readiness, disaster exercise development, grant identification and applications and response and recovery coordination. WEROC provides information sharing and resource coordination when disasters impact the water and wastewater utilities of Orange County. Lastly, WEROC staff maintains a primary emergency operation center and alternate emergency operations center, its own response plans and ensures the WEROC radio communications system partnership with the County 800 MHz system remain intact.

5.1.2. By executing this Agreement, the City elects to participate in WEROC and MWDOC will charge the City a percentage of WEROC’s annual budget to fund WEROC operations. The historical percentage allocated is 3.8% and is based on historical negotiations among the WEROC funding partners. In January of each year of the City’s participation, the proposed program budget and funding agency charges will be submitted to the City for budgetary consideration. If approved by the City, MWDOC will invoice the City the City Council 47 – 13 6/21/2022

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11 approved amount at the beginning of the fiscal year. If the City requires additional conversation about the proposed budget prior to approval, these items will be addressed at the next MET Managers Meetings, or during a special scheduled meeting.

6. Term and Agreement Limit

6.1. This Agreement shall be effective immediately upon the Effective Date and shall continue through June 30, 2027 ("Term"). The City Manager or his or her designee is authorized, on behalf of the City, to approve the Term.

6.2. The City’s total funding obligation for this Agreement shall not exceed $750,000 ("Agreement Limit") for all programs and services covered herein during the Term. The City is responsible for monitoring its costs pursuant to this Agreement and to the extent that it incurs obligations consistent with this Agreement that exceed the Agreement Limit, the City is responsible for paying such additional costs to MWDOC. If the City wishes to add or delete any programs, activities, or studies set forth in this Agreement, notice of such additions or deletions must be received by MWDOC prior to March 15th for the following fiscal year.

6.3. The City or MWDOC may terminate this Agreement in its entirety at any time upon thirty (30) days written notice to the other Party.

6.4. In the event either Party terminates this Agreement, any funds paid by the City in the year of termination for costs that had not yet been incurred by MWDOC as of the date of termination will be subject to reconciliation during MWDOC’s budget process. At that time MWDOC will determine whether the funds will be credited or refunded to the City. Further, any costs incurred by MWDOC as of the date of termination that have not yet been invoiced to the City shall be invoiced by MWDOC promptly and paid by the City within thirty (30) days of invoice receipt.

7. Delivery of Notice

7.1. Except as expressly provided herein, all notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Party may provide in writing for this purpose:

7.1.1. If to MWDOC:
18700 Ward Street
Fountain Valley, CA 92708
Mailing Address: PO Box 20895
Fountain Valley, CA 92728
Phone: (714) 963-3058
Fax: (714) 964-9389
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12 Attention: General Manager
If to City:

P.O. Box 1988, M-24
Santa Ana, CA 92702
Attention: City Manager

7.1.2. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

8. Accounting and City Manager Authorization

8.1. MWDOC shall keep a correct and current accounting of payroll costs, travel, subsistence, field and incidental expenses. MWDOC shall use recognized accounting methods in preparing such invoices and reports.

8.2. City reserves the right to request an audit of MWDOC records related to invoices prepared pursuant to this Agreement and to designate a representative(s) to examine any cost, revenue, payment, claim or any other records or procedures related to this Agreement. Any such audit(s) would be done at reasonable times with full cooperation from MWDOC. If MWDOC fails to provide supporting documentation for any costs charged City to the City’s reasonable satisfaction, then MWDOC agrees to reimburse City for those disputed costs.

8.3. The right to audit shall be extended to three (3) years beyond the date of final payment, or longer if required by law. MWDOC agrees to retain all necessary records/documentation for the entire length of this audit period. Any required adjustments and/or payments resulting from the audit will be made within thirty (30) days of written notification to MWDOC.

8.4. The City Manager or his or her authorized designee is authorized to commit the City to any program or service covered by this Agreement as well as provide written notices on behalf of the City.

9. Independent Contractors

9.1. Any consultant engaged by MWDOC as contemplated in this Agreement will not be a party or third party beneficiary to this Agreement and will not be an employee or agent of MWDOC or the City, either as a result of this Agreement or as a result of any professional services agreement between MWDOC and the consultant. The professional services agreement between MWDOC and any consultant engaged by MWDOC as contemplated in this Agreement will specify that the consultant is an independent contractor. It is understood that these consultants may be required to enter into confidentiality agreements with the City in the event these consultants require City Council 47 – 15 6/21/2022

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13 confidential information and/or critical infrastructure information from the City to perform a service.

10. Indemnification

10.1. When WUE Programs provided in the City’s water service area require participants to sign an application form that contains a release, waiver and/or indemnification, the application form shall specify that the release, waiver and/or indemnification covers both MWDOC and the City.

10.2. To the extent that MWDOC, including its staff or consultants, or the City, including its staff or consultants, performs any activities in connection with the programs or services provided as contemplated in this Agreement, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages, and suits arising out of the activities it performs.

11. Jurisdiction and Venue

11.1. In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California.

12. Joint Drafting

12.1. All Parties have participated in the drafting of this Agreement. The Agreement may be signed in counterpart to facilitate processing.

13. Electronic Signatures

13.1. Notwithstanding any grant obligation to the contrary, the Uniform Electronic Transactions Act, California Civil Code section 1633.1 et seq., authorizes Parties to conduct business electronically. In accordance with California Civil Code section 1633.5, Parties acknowledge, consent and agree that transactions subject to this Agreement may be effectuated by electronic means through the use of electronic and/or digital signatures. For purposes of this section, an electronic signature means an electronic symbol or process logically associated with the intent to sign an electronic record pursuant to Civil Code section 1633(h). A digital signature, which is a type of electronic signature, means an electronic identifier, created by a computer, that is intended to have the same force and effect as the use of a manual signature under Government Code

16.5(d). An example of an electronic signature would be a JPG of a manual signature imposed onto this Agreement, an example of a digital signature would be the use of DocuSign or similar provider that requires an encrypted key that certifies the authenticity of the signature.

City Council 47 – 16 6/21/2022
 
City Council 47 – 176/21/2022 
 
City Council 47 – 186/21/2022 
16 55401.00001\29553757.1
City Council 47 – 19 6/21/2022

MUNICIPAL WATER DISTRICT OF

ORANGE COUNTY

INSPECTION AND VERIFICATION

PROCEDURES
Exhibit A
City Council 47 – 20 6/21/2022
Table of Contents
Contents
I. Purpose of this document............................................................................................................................ 2 II. Program Implementation Process ............................................................................................................... 2 Application Package ..................................................................................................................................... 2 Invoice Submission....................................................................................................................................... 3 Federal, State, and Local Laws and Ordinances........................................................................................... 3 Supplemental Inspections............................................................................................................................ 4 Inspection Confirmation Quality Control ..................................................................................................... 4 III. Device-Based Inspection Procedures........................................................................................................... 4 Residential Devices ...................................................................................................................................... 5 Commercial Devices..................................................................................................................................... 5 IV. Area-Based Programs................................................................................................................................... 9 General Inspection Procedures.................................................................................................................... 9 Turf Removal Participation Procedure.......................................................................................................10 Turf Removal Guidelines Specific to Residential Applicants......................................................................11 Turf Removal Guidelines Specific to Commercial/Public Agency Applicants.............................................11 Turf Removal Guidelines Specific to All Applicant Types...........................................................................11 Pre-Inspection Procedures – Turf Removal................................................................................................13 Post-Inspection Procedures – Turf Removal..............................................................................................15 Spray to Drip - Residential..........................................................................................................................18 Spray to Drip - Commercial........................................................................................................................21 V. Measurement Techniques- On Site............................................................................................................24 Non-Uniform Rectangular..........................................................................................................................25 Irregular Rhombus or Widening Rectangular.............................................................................................26 Non-Uniform Round...................................................................................................................................27 Non-Uniform Ellipses ................................................................................................................................. 28 Non-Uniform Ellipses Alternate .................................................................................................................29 VI- Measurement Techniques - Aerial ....................................................................................................................29 Exhibit A
City Council 47 – 21 6/21/2022
I. Purpose of this document
It is the practice of the Municipal Water District of Orange County (MWDOC) to ensure that public funds used to administer Rebate Programs are utilized for its intended purposes. Therefore, the purpose of this Inspection and Verification Procedures document (Inspection Procedures) is to establish a clear set of inspection procedures to be followed by MWDOC and/or and its member agencies (hereafter “Participant Agency”) and inspection contractors when conducting pre- and/or post-installation verification inspections for all MWDOC-Administered and or Participant Agency-Administered Rebate Programs. These procedures are required regardless of the funding source (Grant funded, Metropolitan Water District of Southern California funded (Metropolitan), or fully funded by Participant Agency, etc.) and/or regardless of program administrator (MWDOC or Participant Agency). This Inspection Procedures document will be updated as needed to reflect new or modified inspection requirements, techniques, or procedures as they arise.

II. Program Implementation Process
For ease of explanation, this document categorizes the MWDOC Rebate Programs into the following rebate program types:
• Device-Based Rebate Programs
o Residential
o Commercial
o Spray to Drip - Residential
• Area-Based Rebate Programs
o Turf Removal
o Spray to Drip - Commercial
The inspection procedures contained in this document have been developed in coordination with requirements from Metropolitan pursuant to its Residential and Commercial Water Conservation Funding Agreements and Addendums thereto, MWDOC, and/or supplemental grant funding agreements.

The following general rules apply for all programs types.

Application Package
When receiving an application package, all components should be examined before requesting an inspection. The application package currently requires, at a minimum, a fully completed application signed by the property owner and containing the following:
• Current water bill within 3 months of application date to determine:
o Participant Agency is participating in the program
o Project site is located within Orange County
o Payee name matches the name on the water bill
• Device eligibility, if a device-based program
• Site plan for area-based rebates
o Indicate the project area, location, and project intent Exhibit A
City Council 47 – 22 6/21/2022
o If receiving Metropolitan funding, indicate which sustainability feature will be installed
o Please note that site plans are not required for Turf Removal applicants participating in the Landscape Design Assistance Program • Pictures of the site for area-based and Spray-to-Drip rebates. Pictures to show o Current site condition
o Complete area to be removed
o Area complies with eligibility criteria
It is recommended that the application, terms and conditions, and program guidelines each contain language stating that on-site inspections (both pre and/or post may be performed) will be performed and are required for participation in any rebate programs.

Invoice Submission
Rebates may not exceed the total project/equipment costs nor the reserved rebate amount. For a receipt/invoice to be considered eligible it must include the following:
• Dated within the project period
• Marked “paid” or provided with proof of payment, (if applicable) • Scope of work performed
• Signed by the customer/applicant/property owner and references site location (if applicable)
• Itemized to include make, model, SKU, quantity, price per item, total price • If labor is to be considered, it must be listed on a separate line item and must be accompanied by the California State Contractor License Board (CSCLB) contractor license number
Once projects are completed, invoices and receipts are submitted to the program administrator and MWDOC, all invoices and receipts are to be carefully tabulated by program administrator and MWDOC to prevent payment for materials/costs not associated with the program; specific program eligible material/costs are based on program type.

Labor Costs
Due to California state law, all sites that are invoiced at $500.00 or more require that work be performed by a contractor licensed by the California State Contractor License Board (CSCLB). If labor costs are invoiced by someone who is not licensed, those costs are not eligible. This labor cost provision is consistent with state law but, most importantly, protects Orange County consumers from unlicensed contractors. Materials utilized by the unlicensed contractor may be considered eligible costs. Additionally, there have been some instances where costs for landscape architectural drawings were submitted, but the drawings were not performed by a California State Licensed Landscape Architect. Those costs are also not rebate-eligible.

Federal, State, and Local Laws and Ordinances
All projects, including projects at historic sites, are subject to the terms of their local agency’s ordinances and must comply with all applicable federal, state, and local laws, as well as applicable Covenants, Conditions & Restrictions (CC&R) and/or Homeowners Association (HOA) restrictions.

Exhibit A
City Council 47 – 23 6/21/2022
Applicants must obtain all necessary approvals for their projects, prior to beginning their project, from their city’s/county’s code enforcement and/or HOA/CC&R board. It is the responsibility of the each applicant to ensure their project is in compliance. Customers must agree to adhere to their local rules and provisions in order to accept funding. Questions from program participants regarding compliance with any of the above laws, ordinances, and/or restrictions will be directed to Participant Agency for guidance.

Supplemental Inspections
Some sites may need to be re-inspected (ex. a secondary post inspection) by MWDOC and/or Metropolitan when unique circumstances arise. At these times, communication with the customer is vital in order to remain in adherence with the program intent while ensuring that projects are successfully completed. All inspection and verification procedures and invoice criteria described in this document must be adhered to. Participant Agency to work with MWDOC and Metropolitan to schedule supplemental Inspections. Inspection results may affect payment made to Participant Agency or may be billed to Participant Agency if already paid.

Inspection Confirmation Quality Control
In order for Participant Agency to be reimbursed for incentives, Participant Agency must certify on each invoice that the terms and conditions within each project have been met, all devices have been installed, and all work has been performed. Participant Agency must perform inspections and indicate the method of verification/inspection on each invoice.

Each Participant Agency performing their own inspections/verifications will be required to adopt these Inspection Procedures as their own or, alternatively, to develop and submit for approval by Metropolitan and/or MWDOC Participant Agency’s own inspection and verification procedures document in line with the requirements and procedures contained in this document. All projects that require inspection must be inspected prior to Participant Agency invoicing MWDOC or MWDOC issuing a check. MWDOC/Metropolitan may request inspection reports from Participant Agency at any time. Installation vendors hired for project implementation cannot inspect their own installations.

Metropolitan and/or MWDOC reserve the right to verify and perform onsite inspections of any projects at any time. This can be before, during, and/or after project installation, and/or after the rebate payment, and results of these inspections may affect payment made to the applicant and/or Participant Agency or require a refund to be paid by Participant Agency to MWDOC. If installation cannot be verified, Participant Agency must reimburse MWDOC and/or Metropolitan, depending on the source of funds.

III. Device-Based Inspection Procedures
For residential and commercial devices rebated through Metropolitan’s regional rebate program, device-based inspections will be conducted primarily by Metropolitan, at its discretion. On occasion, MWDOC and/or Participant Agency may be requested to conduct inspections for devices rebated through Metropolitan’s regional rebate program. For devices rebated through a MWDOC and/or a Participant Agency-Administered Program (MAA Program), the inspection procedures are set forth below.

Exhibit A
City Council 47 – 24 6/21/2022
Residential Devices
Residential device inspections must satisfy both the Metropolitan and MWDOC inspection procedures in place at the time of the post-inspection or issuance of the rebate check. Currently, those inspection procedures are as follows:

In order for Participant Agency to be reimbursed for incentives from MWDOC/Metropolitan, Participant Agency must certify on each invoice that the terms and conditions within each project have been met, all devices have been installed, and all work has been performed. The party signing each invoice must have signing authority to certify the invoice.

For residential device-based MAA Programs, Participant Agency shall utilize the sample size calculator provided by MWDOC or other methodology as may be required by MET, to assist in determining the appropriate number of devices to inspect to ensure a 98% installation rate given the overall quantity of devices. Participant Agency must report verification/inspection method employed on each invoice submitted.

Participant Agency must:
a. Validate quantity of devices installed.
b. Verify new device type, make, and model with Project information. c. Verify Installation address or specific locations within the address with Project documentation.
d. With permission from the customer, take photographs relating to the devices installed to be included in Inspection report.
i. Indoor Inspection: Indoor inspection includes detailed fixture count of toilets and clothes washer(s). Access to fixture locations (such as bathrooms and laundry facilities) are required to perform the inspection, and property owner/applicant person should be made aware of this through the application.
ii. Outdoor Inspection: Outdoor inspection includes detailed fixture counts of installed and operating landscape devices such as rain barrels, cisterns, irrigation controllers, residential drip, and nozzles. For irrigation controllers, inspect the model to ensure it matches the rebate application, verify that it is operating as a “smart device” and is communicating with the onsite weather station or is receiving offsite/remote weather data and, if possible, have the contact person show the inspector how the controller has been programmed, and confirm quantity of stations of timer model.

Commercial Devices
Commercial MAA Program device inspections must satisfy both the Metropolitan and MWDOC inspection procedures in place at the time of the post-inspection or issuance of the rebate check. Metropolitan may require Participant Agency to submit inspection reports for specific projects, and Metropolitan/MWDOC reserves the right to perform onsite inspections of projects/sites prior to payment.

Exhibit A
City Council 47 – 25 6/21/2022
To determine the amount of inspections required for commercial devices, Participant Agencymust apply the following criteria (a-e below) to the project(s):
a. Automatic Inspection: Regardless of the 5% rule listed in Section d below, Participant Agency must first determine if any site within the MAA Program Project requires an Automatic Inspection. Automatic Inspections are triggered when any site within an MAA Program Project has been approved for Metropolitan’s funding in excess of $10,000. All sites receiving $10,000 or more in funding must be automatically inspected by Participant Agency.

Participant Agency must also notify MWDOC/Metropolitan within 3 to 5 business days of upcoming inspection by Participant Agency for site(s) exceeding $10,000. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to [email protected] and [email protected] To determine how many devices need to be inspected at a $10,000+ site, follow the next two points.
i. If the site triggering an Automatic Inspection also meets the criteria for a Large Project, as described below, then Participant Agency must inspect a minimum of 10% of the devices installed.
ii. If the site triggering an Automatic Inspection does not meet the criteria for a Large Project, then the Participant Agency must inspect 100% of devices at the site. b. Large Project/Sites: Participant Agency must next determine if any of the sites meet the definition of a Large Project/Site. Regardless of the 5% rule listed in Section d below, any site with less than $10,000 in funding but that receives the designation of Large Project/Site must be inspected. The total number of devices to be inspected for Large Projects/Sites will be a minimum of 10% of the total devices installed at each site. If any site within your overall MAA Program Project installs any combination of the following number of devices, you must conduct an inspection of a minimum 10% of any combination of the devices installed.

Large Projects/Sites are defined as:
i. For plumbing devices – 50 device units or more at one installation address. ii. For irrigation controllers – 20 controllers or more at one installation address. Note that irrigation controllers may be installed in different landscape areas inside a single complex.
iii. For sprinkler nozzles – 100 nozzles or more at one installation address. c. Regular Projects/Sites: For sites not meeting: (a) $10,000+ in funding per site or (b) the Large Project/Site criteria above, Participant Agency must inspect 100% of devices at the site. d. For each MAA Program Project for which Participant Agency submits a Request, Participant Agency must physically inspect a minimum of 5% of the value of each device-based MAA Program Project approved by MWDOC/Metropolitan before invoicing. For example if the Exhibit A
City Council 47 – 26 6/21/2022
MAA Program Project is approved for $100,000, then a minimum of $5,000 worth of devices must be inspected.
e. Inspections for Regular Projects/Sites: Sites defined as Automatic Inspections (mandatory), as well as those defined as Large Projects/Sites (mandatory) count towards the 5% (section d above) minimum of the value of each device-based MAA Program Project to be inspected.

Participant Agency will report progress toward the 5% inspection requirement on each invoice for all inspections required by MWDOC/Metropolitan. The party signing each invoice must have signing authority to certify the invoice.

Inspection Requirements
Participant Agency inspection at a minimum will:
a. Validate quantity of devices installed.
b. Verify new device type, make, and model with Project information. c. Verify Installation address or specific locations within the address with Project documentation.
d. With permission from the customer, take photographs relating to the devices installed to be included in Inspection report.
i. Indoor Inspection: Indoor inspection includes detailed fixture count of toilets, urinals, dry vacuum pumps, food steamers, and/or ice machines. Access to bathrooms, kitchens, eating facilities, and medical facilities are required to perform the inspection and property owner/applicant should be made aware of this at the application stage.
ii. Outdoor Inspection: Outdoor inspection includes count of installed and operating landscape devices such as irrigation controllers and nozzles; and cooling tower controllers. Access to either landscape area or rooftop is required to perform the inspection. For irrigation controllers, inspect the model to ensure it matches the rebate application, verify that it is operating as a “smart device” and is communicating with the onsite weather station or is receiving offsite/remote weather data and, if possible, have the contact person show the inspector how the controller has been programmed, and confirm quantity of stations of timer model.

Potential Inspection Results
a. Partial fail: Inspection completed with discrepancies between Project information and inspection process. Participant Agency to only bill MWDOC for verified quantity. b. Device(s) installed at a different location: The installation must be inspected prior to billing MWDOC. A substitute device cannot be included. If installation is verified at the different location, Project information must be revised to reflect new information.

Exhibit A
City Council 47 – 27 6/21/2022
c. Device count is different from the application:
i. If the count is more, only the amount approved in the Project will be reimbursed. ii. If the inspection count is less, only the verified count will be billed to MWDOC. For Large Projects where the inspection count is less, the Participant Agency inspector will increase the inspection from 10% to 20% of total installations. The percentage found to be installed for Large Projects will be applied against the total and the total quantity will be reduced by that percentage. For example, after inspecting 20% of the total installations of 100 toilets, 15 out of 20 toilets were verified installed (75% installed); then the final approved count would be 75 toilets (75% of the 100 = 75), rather than 100. If inspection reveals a discrepancy as described in the example, Participant Agency may choose to inspect 100% of the project, otherwise the extrapolation as shown on the example must be taken and the amount revised prior to billing MWDOC. d. The make/model is different from the application: Verify that the different make/model is a Metropolitan approved device. If so, inspect as usual and revise information on Project documentation prior to billing MWDOC.
e. Failed inspections will not be billed to MWDOC. Reasons for failure:
• Device(s) not installed
• Device(s) installed, but no working properly
• For “smart” irrigation controllers, device(s) not operating as a “smart” device • Installed device(s) has been removed
• Access to property not allowed
• Device(s) installed at a different site
• Unable to schedule inspection with Applicant.

MWDOC/Metropolitan reserves the right to verify and inspect any approved projects at any time. If installation cannot be verified, Participant Agency must reimburse MWDOC.

Exhibit A
City Council 47 – 28 6/21/2022
MAA
Program
Type
Commercial Device
Primary
Inspection
Criteria
Listed in order
from A to C (must do
(C) below even if (A)
and/or (B) exists)
(A)
$10,000 or more
Secondary
Inspection
Criteria
Large Site
Non-Large Site
Number of
Inspections
Required
Minimum 10%
inspections of each
qualifying site
100% inspections of
each qualifying site
(B)
Large Site
Less than $10,000,
but satisfies the
Large Site definition
Minimum 10%
inspections of each
qualifying site
(C)
Inspected less than
5% of Total Project $
Number Sites up to
5% of Total
Project $
IV. Area-Based Programs
Area-based programs include any program where the rebate amount is determined by an area measurement. Such programs currently include, but are not limited to, residential and commercial Turf Removal and residential and commercial Spray to Drip.

General Inspection Procedures
For all customer types, all sites will be measured by either Metropolitan, MWDOC, and/or the Participant Agency and/or its inspector for 100% of the sites for 100% of the project areas during both the pre- and post-inspections. Required minimum techniques for area measurements are described in Section V -Measurement Techniques. All inspection procedures/verifications must adhere to the following additional inspection and certification requirements:
• Area-Based Inspections Exceeding $10,000 in Metropolitan Funding: For area-based inspections with an approved Metropolitan rebate amount exceeding $10,000, Participant Agency must notify MWDOC five business days prior to upcoming postinspection(s) by Participant Agency. MWDOC, Metropolitan or a designated representative may attend inspection. Notification of upcoming inspection to be sent to [email protected].

Exhibit A
City Council 47 – 29 6/21/2022
• Participant Agency will only bill MWDOC/Metropolitan for the square footage measured.
• Participant Agency must adopt these Inspection Procedures as their own or, alternatively, to develop and submit for approval by Metropolitan and/or MWDOC Participant Agency’s own inspection and verification procedures document in line with the requirements and procedures contained in this document. MWDOC/Metropolitan Participant Agency to submit them. MWDOC/Metropolitan may perform onsite will require inspections of projects prior to payment. Result of the inspection may affect payment made to Participant Agency
• All projects that require inspection must be inspected prior to Participant Agency invoicing MWDOC. MWDOC may request inspection reports from Participant Agency at any time.

Turf Removal Participation Procedure
The Turf Removal Rebate Program Process, as it currently exists, is depicted in the following chart. The process flow is broken down into 11 distinct steps starting with the Customer Application Submittal and ending with Metropolitan and Participant Agency Invoicing. The 11 steps are as follows:

Step 1: On-line Application and Document Submittal Process Performed by the Customer
Step 2: Application Review Process and Pre Inspection Distribution Performed by MWDOC
Step 4: Pre-Installation Inspection Process
Performed by Participant Agency or Inspection Vendor and sent to MWDOC for review Step 5: Letter to Proceed or Denial Letter to Customer
Performed by MWDOC
Step 6: Participant Project Installation and Project Completion Notification Performed by Customer
Step 7: Initial Project review, Post-Work Order Generation and Distribution Performed by MWDOC
Step 8: Post-Installation Inspection Process
Performed by Participant Agency, MWDOC, or Inspection Vendor and sent to MWDOC for review
Step 9: Application Approval or Denial and Invoice Review Process Performed by MWDOC
Exhibit A
City Council 47 – 30 6/21/2022
Step 10: The Rebate Check Run and W-9 Request Process
Performed by MWDOC
Step 11: Metropolitan Water District and Participant Agency Invoicing Process Performed by MWDOC
Please note: a potential Step 12 would be a secondary Metropolitan post inspection.

Turf Removal Guidelines Specific to Residential Applicants Project must have a minimum of 250 square feet of turf removed, or if the entire project area is less than 250 square feet, all turf must be removed.

Maximum of 5,000 square feet of turf eligible per home, per fiscal year. Limit of 1 application per home per fiscal year.

Eligible areas for transformation are all areas of live turf on the property.

Applicant to provide a simple landscape plan showing intended transformation, including the required storm water/sustainability feature.

Turf Removal Guidelines Specific to Commercial/Public Agency Applicants Project must have a minimum of 250 square feet of turf removed, or if the entire site is less than 250 square feet, all turf must be removed.

Maximum of 50,000 square feet of turf eligible per water meter for funding per fiscal year (July to June). Limit of 1 application per water meter per fiscal year.

Applicant to provide a simple landscape plan showing intended transformation, including the required storm water/sustainability feature.

Proposed project areasirrigated with recycled water are eligible unless barred by Participant Agency.

Turf Removal Guidelines Specific to All Applicant Types The converted area must be covered by at least three (3) plants per 100 square feet.

A three inch deep ring of mulch must surround all plants. Acceptable forms of organic mulch include shredded bark, bark nuggets, or wood chips. Organic mulch should not be placed around any plants installed in the bottom or sides of a vegetated swale. Therefore, the plants located within a vegetated swale are exempt from this requirement.

No bare soil is allowed. The use of organic materials is recommended as a groundcover for any bare spaces within the project area. Mulch or other permeable hardscape must cover any other bare spaces within the project area.

Irrigation modification or conversion required for all projects:

Exhibit A
City Council 47 – 31 6/21/2022
• Convert over-head sprays to drip, micro-spray, bubblers, or rotating nozzles; whichever is applicable; or
• Cap sprinkler heads or remove irrigation equipment and hand-water • No overhead spray sprinklers are allowed in the completed project.

No synthetic turf is allowed.

No plants that appears to be turf are allowed.

No plants categorized as invasive to Southern California are allowed.

Areas which have already been converted are not eligible.

Areas with structures such as decks, fire pits, etc. are not eligible.

Consumers are responsible for complying with all applicable laws, codes, policies, covenants, conditions and restrictions.

Program Recommendations
• Installation of a smart controller is recommended
• A recommended plant list is available.

The converted area must be designed to capture rainfall through infiltration or on-site storage for reuse. Infiltration and rainwater capture has to be achieved using one of the following techniques:
rain gardens, rock gardens, dry river beds, rain barrels, cisterns, berms, vegetated swales, or grades. Selected method should allow infiltration or capture of rainfall/runoff and not channel to impervious surfaces and must meet all local and regional requirements. Project must include at least one of the following components, whichever is most desirable or feasible for project area:

Rain Gardens – a rain garden is a planted depression or a hole that allows rainwater runoff from impervious urban areas, like roofs, driveways, walkways, parking lots, and compacted lawn areas, the opportunity to be absorbed. Rainwater collects in the soil mix and ponding area and eventually seeps into surrounding soils over time. Plants are distributed throughout the garden. This reduces rain runoff by allowing storm water to soak into the ground (as opposed to flowing into storm drains and surface waters which causes erosion, water pollution, flooding, and diminished groundwater).

Rock Gardens – a rock garden is a shallow depression filled with 1-3 inch diameter gravel.

Rainwater is stored in the space between the stones and eventually percolates into the soil.

Plants are distributed throughout the rock garden and there is no ponding area.

Dry River Beds - a dry river bed or dry stream is an area designed to slow heavy flows from rainfall and correct erosion problems. It is made up of a shallow swale lined with stone substantial enough to withstand a serious downpour. Large chunks of stone are used to slow the speed of storm water and to prevent erosion. In a garden, the careful placement of waterworn stone, or river slicks, along a swale is aesthetically pleasing and also provides an ideal place for plants.

Exhibit A
City Council 47 – 32 6/21/2022
Vegetated Swales – swales are shallow ditches that have gently sloping sides. In a vegetated swale, native perennial grasses are planted along the bottom and sides of the swale to slow runoff, filter sediments, and remove excess nutrients. A swale relies on gravity to move water and is designed to direct the water where you want it to go, such as flower or vegetable gardens, to limit runoff and to trap silt and pollutants in surface runoff. In order for the water to gravity flow, it is recommended that there be a minimum 2% slope from beginning to end.

Organic mulch should not be placed around any plants in the bottoms or sides of the swale.

Berms – berms are mounds of earth with sloping sides that are located between areas of approximately the same elevation. Berms are constructed to direct or redirect water in order to keep water from flowing off the property.

Grades – grades are surface grading of an area so that water collects and flows to a lower elevation away from the water collection site. Regardless of surface characteristics, when planning to add a grade for surface drainage, slope is the most important consideration. For efficient drainage, paved surfaces are recommended to have a minimum 1% slope. Turf or landscaped areas are recommended to have a minimum slope of 2%.

Rain Barrel/Cisterns – rain barrels and cisterns are storage tanks that capture runoff water from downspouts from a non-permeable area catchment area such as a rooftop. Cisterns are a larger version of rain barrels, with a larger capacity for rainwater collection and storage. Rain barrels and cisterns must be connected to properly installed rain gutters and downspouts. In order for the rain barrel/cistern to qualify as a rainwater capture feature, the property must have existing gutters around the full perimeter of the roof and existing downspouts for adequate water collection. In the case of a partially flat roof, gutters and downspouts must be throughout all pitched areas in order to qualify. Rain barrels and cisterns must be properly installed and meet all local and regional requirements. Existing rain barrels and cisterns qualify provided they have been properly installed and provide water to the conversion/project area.

Pre-Inspection Procedures – Turf Removal
Customer is to provide photos of the turf area to be removed as part of the application process.

Photos of project area (4 to 6) must reflect the current turf grass area at the time of applying.

Google Earth/satellite images will not be accepted in place of photos. Photos must be taken at appropriate angles, with visible points of reference, and at a sufficient distanceto allow for review
Pre-inspections will be conducted on 100 percent of total projects submitted. For commercial or public agency applications, Metropolitan, via Metropolitan’s inspection contractor, will conduct the inspection at no cost to Participant Agency. For residential applications, Participant Agency or its inspector will conduct the pre-inspection.

After an application is received and the information has been verified, a project cannot be accepted and funding is not reserved until a “pre-inspection” is conducted by Metropolitan, MWDOC, the Participant Agency, or by a vendor inspector. The pre-inspection is a means to determine confirmation of eligibility. The pre-inspection process verifies that the project area Exhibit A
City Council 47 – 33 6/21/2022
contains live turf or sufficient evidence that live turf recently existed and that the requested square footage to be removed is consistent with the inspector’smeasurement. This requirement applies to both residential and commercial turf removal areas unless otherwise noted.

When establishing that areas are eligible, careful inspection with accurate, and precise measurements, as described in Section V, are always required. For Turf Removal, during the preinspection the total project area square footage is measured. Any non-eligible square footage is deducted, such as non-turf areas including bare soil, trees, shrubs, mulch, paving, and utility box footprint, etc. Refer to specific program terms and conditions for eligibility criteria.

Once the pre-inspection is complete, the inspector will complete the Pre-Inspection section in Droplet, in full, and upload all photos and documentation. Once the Pre-Inspection form has been submitted, it will be reviewed by MWDOC. The square footage listed on the application is to be used as a reference. The initial project area is to be based on the square footage as measured during the pre-inspection. Once the initial project area square footage has been determined, that number is used to reserve funding, and a Letter to Proceed (LTP) is generated and sent to the customer.

Metropolitan reserves the right to request application packages as necessary and may perform its own inspections of random residential applications. This is likely to be in addition to the required pre-inspection. For pre-inspections, Metropolitan will review the Participant Agency’s physical preinspection reports.

On-Site Pre-Inspection
In-person pre-inspections must include:
• Visual verification of existing turf
• Physical/manual measurement of proposed turf removal area. • Photos taken by inspector of project area (4 to 6), which must reflect the current turf grass area at the time of inspection. Photos must be taken at appropriate angles, with visible points of reference, and at a sufficient distance to allow for review.

Measuring Sites Aerially
Measuring sites aerially must include:
• GIS or equivalent aerial measurement
• Please note that measuring sites aerially is allowed for pre-inspections only • Consumer is to provide photos of the turf area to be removed before starting the project (pre-project installation).
• The inspector should be capable of spotting abnormalities in pre-project photos submitted by customers, and if found, should perform mandatory on-site inspections.

Exhibit A
City Council 47 – 34 6/21/2022
• If aerial review is not possible due to obstructions (tree coverage), or inconclusive, member agency should perform a physical pre-inspection as described above.

On-Site Inspections for Area-Based Rebates
Unless the program guidelines specifically state otherwise, on-site eligibility verification and area measurement for the pre-inspection is the method to be utilized by an inspection vendor performing inspections on behalf of a Participant Agency.

Condition of Turf at Pre-Inspection
If bare areas were included by the customer, the inspector must subtract those areas. In many cases, due to the drought or season, dormant or dead brown grass is present. Dormant or dead brown grass that appears to have been maintained in the recent past is still eligible. Howeversites where there is bare soil that appears compact and no turf was present in the recent past, are not eligible. In addition, moss areas where there is no turf or areas that have grown or mowed weeds would be ineligible. A lawn with weeds would still remain eligible. Photo documentation of the turf isrequired in orderto approve the site. For on-site inspections, photos ofthe entire area should be taken, including detailed photos showing turf and bare soil conditions. For large sites with multiple separated areas (or sub-areas), a site map must be submitted identifying the area measured for each separate sub-area.

Multiple Applications under same Site
Residential sites have a limit of one application per home per fiscal year. Commercial sites have a limit of one application per water meter per fiscal year.

Modifications to Initial Project Area
If a customer wants to add or remove area(s) from their designated project area, they are free to do so up until their pre-inspection. The customer will need to submit by email to MWDOC a new site plan detailing the area to be added or removed. If a customer wishes to add an area to the project after the pre-inspection has been completed, they are only free to do so if the area was measured in the pre inspection. Any areas found to be converted during the post-inspection that were not included in pre-inspection measurements are not eligible for rebate. If a project area should fall below the minimum 250 square feet of project size, it may also be considered ineligible if it does not include the removal of all turf onsite.

Post-Inspection Procedures – Turf Removal
Consumer is to provide post-project installation photos (4 to 6). Photos must be taken at appropriate angles, with visible points of reference, and at a sufficient distance to allow for review Prior to scheduling the post-inspection, the Application will be reviewed by MWDOC to confirm the following:
• Application is completed in full.
• Payee Name and Mailing Address for Rebate Check is provided and matches that on the water bill.
• Applicant has attached copies of any project related receipts or invoices. For a receipt/invoice to be considered eligible it must be:
o Dated within the project period.

Exhibit A
City Council 47 – 35 6/21/2022
o Signed by the customer/applicant/property owner and includes the site location, scope of work, and costs.
o Itemized to include make, model, SKU, quantity, price per item, total price. o Include the actual quantity of drip equipment purchased and eligible for rebate. o Labor is reimbursable if performed by a licensed C-27 contractor; it must be listed as a separate line item.
o Invoice must be marked “paid” or proof of payment must be provided.

If the Application is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents prior to scheduling the post-inspection. If applicant is unable to provide receipts/invoices that meet the requirements set forth above, the post-inspection will be considered a fail, the application will be denied, no rebate will be issued, and no on-site postinspection should be scheduled.

If the Application has satisfied all of the above requirements, MWDOC/Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-inspection is to serve as an independent verification of the information contained in the Application. As part of the on-site post-inspection, Participant Agency/inspector must verify the following:

Participant Agency or its inspector will conduct an on-site post-inspection on 100 percent of approved residential projects. On-site inspections will include:
a. Validating square footage removed
b. Verifying the number of plants installed meet Metropolitan’s minimum requirement of 3 plants per 100 square feet
c. Verify that no invasive species were installed
d. Verification that a sustainability feature has been included in project e. Verify mulch is around plants and that no bare soil exists f. Verify irrigation system modifications have been completed g. Photos of overall project area, sustainable landscape approach used, mulch, and a sample of the irrigation system modification. Photos must be taken at appropriate angles, with visible points of reference, and at a sufficient distance to allow for review
Metropolitan will perform its own inspections of random applications. This is likely to be in addition to the required post-inspections. Example: if a site is selected for a follow-up post inspection by Metropolitan, this may be conducted after the required post inspection. For post inspection, Metropolitan will pull random samples from MWDOC invoices. Metropolitan will conduct its own measurements and provide payment based on the following:

For Residential Applications - If the measurement taken by Metropolitan is within 10 percent of the Participant Agency’s measurement, Metropolitan will pay the amount measured by the Participant Agency. If the difference is greater than 10 percent, Metropolitan will pay at the square footage measured by Metropolitan.

Exhibit A
City Council 47 – 36 6/21/2022
For Commercial Applications - The following applies for commercial applications inspected by Metropolitan:

Commercial turf removal inspections will fall into the pool of all required inspections at any given time. Although special circumstances appear from time to time, in general no special considerations are given to individual applications.

Any discrepancy found following a secondary inspection (i.e., an inspection of the inspector) or during an audit inspection will result in a Metropolitan staff and contractor resolution, and the financial liability associated with varied measurement of a site will not fall back on MWDOC or the Participant Agency for payment.

For both residential and commercial projects, unless otherwise noted, once the LTP has been issued, the initial project area square footage may not increase; however, it may decrease if the customer decidesto remove lessturf than what wasmeasured, or converts some area to ineligible structures i.e. a deck.

After the customer has completed their project, a second on-site inspection (post-inspection) occurs to ensure that the renovated areas are in compliance with the program. Entire (100%) project re-measurement should occur during the post-inspection. Negative deviations between the pre- andpost-inspections area measurements, as well as swapped areas occurring without a proper pre- inspection and approval from MWDOC, will result in a reduction of the rebate eligible area (meaning the lesser area measurement will be the basis for the rebate). All projects must be inspected prior to Participant Agency approving payment or invoicing MWDOC.

When establishing that areas are eligible, careful inspection with accurate, and precise measurements, as described in Section V, are always required. For Turf Removal, during the post-inspection the total converted area square footage must be measured. Any non-eligible square footage is deducted, such as remaining-turf areas, bare soil, or non-permeable area including hardscape and pools. Refer to specific program terms and conditions for eligibility criteria.

The initial project area square footage established during the pre-inspection is to be used as a reference, the final project area is to be based on the square footage as measured during the post-inspection. Once the final project area square footage has been determined, that number, if equal to or less then the approved square footage on the Letter to Proceed, is used to determine the actual potential rebate amount, so long as it does not exceed the total eligible project costs. Only that final project square footage measured by the Participant Agency/inspection vendor may be approved for payment by MWDOC.

Once the on-site post inspection is complete, inspector will complete the Post- Inspection section in Droplet, in full, and upload all photos and documentation. Once the Post- Inspection form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, and if the Turf Removal project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. If all the terms, conditions, guidelines, and requirements of the program have not been satisfied, the post-inspection will be considered a fail, and the application will be denied and no rebate funds will be issued.

Exhibit A
City Council 47 – 37 6/21/2022
Project Extensions
In some instances, projects may experience delays. As all projects have a 60 day deadline to complete their project, an extension may be requested. Extensions are granted on a case by case basis and are not guaranteed. Extensions will only be granted to sites who are making progress to complete their project. Documentation or a site visit may be required for the purposes of verifying that progress is being made at a site. Examples of documentation are signed contracts with a landscape contractor, photos of the site with turf removed and work under way, or canceled checks to a contractor. This is an important step; if a site is not showing progress and there is no motivation to complete, it may be cancelled to allow the funding of other, more motivated,rebate customers.

Spray to Drip - Residential
The residential portion of the Spray-to-Drip Rebate Program is a device-based program with different inspection requirements and criteria than other device-based inspections. The inspection requirements for residential Spray-to Drip Rebate projects are described below:

Pre-Inspection Procedure
After an application is received, a project cannot be approved and no funding can be reserved until a “pre-inspection” is conducted, as follows:

MWDOC reviews the application to confirm:
• Program application is completed in full
• A copy of a current water bill (within 3 months for application date) is attached and confirms that
o Participant agency is participating in the program
o Project site is located within Orange County
o Payee name matches the name on the water bill
• Applicant has attached at least 4 photos of the project area taken with the existing sprinkler system turned on and running. Photos must clearly show the sprinkler system in use and that the spray heads are functional. Photos must also contain identifying features (house in background, unique landscape/decorating features, etc.) to confirm that photos submitted are for the property/site listed in the application. • The square footage of the area to be converted from spray irrigation to drip for which the applicant is applying/eligible.
• A simple site plan has been attached indicating the proposed Spray-to-Drip conversion areas.
• Any supplemental documents included have been reviewed.

After an application is received and the information has been verified, a project cannot be accepted and funding is not reserved until a “pre-inspection” is conducted by MWDOC, the Participant Agency, or by a vendor inspector. The pre- inspection visit is a means to determine confirmation of eligibility. The pre-inspection process verifies that the project area contains spray irrigation and that the requested square footage to be removed is consistent with the inspector’smeasurement. This requirement applies to both residential and commercial irrigation conversion areas unless otherwise noted.

Exhibit A
City Council 47 – 38 6/21/2022
When establishing that areas are eligible, careful inspection with accurate, and precise measurements, as described in Section V, are always required. For Spray to Drip, during the preinspection the total project area square footage is measured. Any non-eligible square footage is deducted, such as areas that already have drip irrigation or are hand watered by the customer.

Once the pre-inspection is complete, inspector will complete the Pre-inspection section in Droplet, in full, and upload all photos and documentation. Once the Pre-inspection form has been submitted, it will be reviewed by MWDOC. The square footage listed on the application is to be used as a reference. The initial project area is to be based on the square footage as measured during the pre-inspection. Once the initial project area square footage has been determined, that number is used to reserve funding, and aLetter to Proceed (LTP) is generated and sent to the customer.

If the applicant is applying for the Turf Removal Program simultaneously, a mandatory inspection will occur for the Spray to Drip application at the time of Turf Removal pre-Inspection.

On-Site Pre-Inspection
In-person pre-inspections must include:
• Visual verification of existing spray irrigation
• Physical/manual measurement of proposed irrigation conversion area. • Photos taken by inspector of project area (4 to 6), which must reflect the spray irrigation at the time of inspection. Photos must be taken at appropriate angles, with visible points of reference, and at a sufficient distance to allow for review.

Measuring Sites Aerially
Measuring sites aerially must include:
• GIS or equivalent aerial measurement
• Please note that measuring sites aerially is allowed for pre-inspections only. • Consumer is to provide photos of the spray to drip conversion area before starting the project (pre-project installation).
• The inspector should be capable of spotting abnormalities in pre-project photos submitted by customers, and if found, should perform mandatory on-site inspections. • If aerial review is not possible due to obstructions (tree coverage), or inconclusive, member agency should perform a physical pre-inspection as described above.

Photo-based Pre-inspection
MWDOC can perform a photo-based pre-inspection for Spray to Drip applicants who have already received a pre-inspection for an accompanying Turf Removal application, as long as the requested square footage is the same. This occurs on case-by-case scenario.

If the application has satisfied all of the above requirements, a Letter to Proceed is generated by MWDOC and emailed to the applicant. The funding is reserved at this point and cannot increase.

However, the funding amount may decrease if the applicant installs less drip equipment than was specified on the application or if the costs of the equipment are less than anticipated. Should the Exhibit A
City Council 47 – 39 6/21/2022
application fail the pre-inspection process, the application will be denied. MWDOC reserves the right to conduct, or to require Participant Agency to conduct, an on-site pre-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so.

If the applicant is applying for the Turf Removal Program simultaneously, an on-site inspection should occur for the Spray to Drip application at the time of Turf Removal pre-Inspection.

Otherwise, a photo-based approval may be conducted by MWDOC for the application.

Post-Inspection Procedure
Consumer is to provide post-project installation photos (4 to 6). Photos must be taken at appropriate angles, with visible points of reference, and at a sufficient distance to allow for review Prior to scheduling the post-inspection, the Application will be reviewed by MWDOC to confirm the following:
• Application is completed in full.
• Payee Name and Mailing Address for Rebate Check is provided and matches that on the water bill.
• Applicant has attached at least 3 completed conversion area pictures showing:
o Wide angle view of completed project area(s)
o Close-up(s) of installed pressure regulation/filtration component(s) o Close-up(s) of installed drip tubing
• Applicant has attached copies of any project related receipts or invoices. For a receipt/invoice to be considered eligible it must be:
o Dated within the project period.
o Signed by the customer/applicant/property owner and includes the site location, scope of work, and costs.
o Itemized to include make, model, SKU, quantity, price per item, total price. o Include the actual quantity of drip equipment purchased and eligible for rebate. o Labor is reimbursable if performed by a licensed C27 contractor; it must be listed as a separate line item.
o Invoice must be marked “paid” or proof of payment must be provided.

If the Application is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents prior to scheduling the post-inspection. If applicant is unable to provide receipts/invoices that meet the requirements set forth above, the post-inspection will be considered a fail, the application will be denied, no rebate will be issued, and no on-site postinspection should be scheduled.

If the Application has satisfied all of the above requirements, MWDOC/Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-inspection is to serve as an independent verification of the information contained in the Application. As part of the on-site post-inspection, Participant Agency/inspector must verify the following:
• The actualsquare footage of the conversion area. All residentialspray-to-drip sites will be measured by the Participant Agency and or its inspector for 100% of the sites for 100% of Exhibit A
City Council 47 – 40 6/21/2022
the spray-to-drip conversion areas during the post-inspections. The required minimum techniquesfor area measurements are described in Section V -Measurement Techniques. • That drip irrigation equipment has been installed. For residential on-site post-inspection, if microspray, point-source emitters, or any other type of drip irrigation other than embedded emitter tubing has been installed, this must be noted and photographed. Only embedded emitter tubing installations are eligible for rebates in residential settings. • That pressure regulation/filtration components have been installed as part of the drip conversion. Manufacturer/make, model, model number/SKU, and quantity should be documented, and the equipment should be photographed.
• That drip tubing has been installed. The drip tubing should be photographed. If covered, a minimum of a 10-foot section must be uncovered for the photograph. • That spray irrigation is no longer functional in the drip conversion area(s). Any remaining spray heads in the conversion area must be capped (no exceptions).

The initial project area square footage established during the pre-inspection is to be used as a reference, the final project area is to be based on the square footage as measured during the postinspection. Once the final project area square footage has been determined, that number,if equal to or less then the approved square footage on the Letter to Proceed, is used to determine the actual potential rebate amount, so long as it does not exceed the total eligible project costs.

Once the on-site post inspection is complete, the inspector will complete the Post- Inspection section in Droplet, in full, and upload all photos and documentation. Once the Post- Inspection form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, and if the Spray-to-Drip project has satisfied all the terms, conditions, guidelines, and requirements of the program, the application will be processed for rebate. If all the terms, conditions, guidelines, and requirements of the program have not been satisfied, the postinspection will be considered a fail, and the application will be denied and no rebate funds will be issued.

MWDOC reserves the right to conduct or attend any on-site post-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so.

Spray to Drip - Commercial
The commercial portion of the Spray-to-Drip Rebate Program is administered in a similar way to the residential portion. The inspection requirements for commercial Spray-to Drip Rebate projects are described below:

Pre-Inspection Procedure
Once an application is received, a project cannot be accepted and no funding is reserved until a “pre-inspection” is conducted, as follows:

MWDOC reviews the application to confirm:

Exhibit A
City Council 47 – 41 6/21/2022
• Program application is completed in full.
• A copy of a current water bill is attached and confirms that o Participant agency is participating in the program
o Project site is located within Orange County
o Payee name matches the application name
• Applicant has attached at least 4 photos of the project area taken with the existing sprinkler system turned on and running. Photos must clearly show the sprinkler system in use and that the spray heads are functional. Photos must also contain identifying features (buildings in the background, unique landscape/decorating features, etc.) to confirm that photos submitted are for the property/site listed in the application. • Applicant has provided the square footage of the proposed Spray-to-Drip conversion area.
• A simple site plan has been attached indicating the proposed Spray-to-Drip conversion areas.
• Any supplemental documents included have been reviewed.

Once MWDOC confirms that the application is complete and satisfies the above requirements, MWDOC will forward the application to the Participant Agency or Inspection contractor to conduct a mandatory pre-inspection. For commercial sites that are also participating in the Turf Removal Program and inspected by Metropolitan’s inspection contractor, Participant Agency is required to perform the pre-inspection for the Spray-to Drip portion of the project.

On-Site Pre-Inspection
In-person pre-inspections must include:
• Visual verification of existing spray irrigation
• Physical/manual measurement of proposed irrigation conversion area. • Photos taken by inspector of project area (4 to 6), which must reflect the spray irrigation at the time of inspection. Photos must be taken at appropriate angles, with visible points of reference, and at a sufficient distance to allow for review.

Measuring Sites Aerially
Measuring sites aerially must include:
• GIS or equivalent aerial measurement
• Please note that measuring sites aerially is allowed for pre-inspections only. • Consumer is to provide photos of the spray to drip conversion before starting the project (pre-project installation).
• The inspector should be capable of spotting abnormalities in pre-project photos submitted by customers, and if found, should perform mandatory on-site inspections.

Exhibit A
City Council 47 – 42 6/21/2022
• If aerial review is not possible due to obstructions (tree coverage), or inconclusive, member agency should perform a physical pre-inspection as described above.

Photo-based Pre-inspection
MWDOC can perform a photo-based pre-inspection for Spray to Drip applicants who have already received a pre-inspection for an accompanying Turf Removal application, as long as the requested square footage is the same. This occurs on case-by-case scenario.

Once the pre-inspection is complete, the inspector will complete the Pre-inspection section in Droplet, in full, and upload all photos and documentation. Once the Pre-inspection form has been submitted, it will be reviewed by MWDOC. If the application has satisfied all of the above requirements, a Letter to Proceed (LTP) is generatedby MWDOC/Participant Agency and emailed to the applicant. The funding is reserved at this pointand cannot increase. However, the funding amount may decrease if the applicant installs less dripequipment than was specified on the application or if the costs of the equipment are less than the estimated rebate amount. Should the application fail the pre-inspection process, the application will be denied.

Post-Inspection Procedure
Once the Spray-to-Drip Project is complete, applicant completes the Spray to Drip application to request a mandatory on-site post-inspection. Prior to scheduling the post-inspection, the application will be reviewed by MWDOC to confirm the following:
• Application is completed in full.
• Payee Name and Mailing Address for Rebate Check is provided. • Applicant has attached at least completed conversion area pictures showing:
o Wide angle view of completed project area(s)
o Close-up(s) of installed pressure regulation/filtration component(s) o Close-up(s) of installed drip tubing
• Applicant has attached copies of any project related receipts or invoices. For a receipt/invoice to be considered eligible it must include the following:
o Dated within the project period.
o Marked “paid” or provided with proof of payment.
o Signed by the customer/applicant/property owner and includes the site location, scope of work, and costs.
o Itemized to include make, model, sku, quantity, price per item, total price. If microspray or point source emitters have been installed, the flow rate for each must be 2.5 gallons per hour or less, or per the terms and conditions of the Program.
o Labor is reimbursable if performed by a licensed C27 contractor; it must be listed as a separate line item.

If the application is missing or does not comply with the requirements of any of the above, MWDOC/Participant Agency shall work with the applicant to obtain the information and or appropriate photos/documents/invoices prior to scheduling the post-inspection. If applicant is unable to provide photos/documents/invoices that meet the requirements set forth above, the application will be considered incomplete, the application will be denied, no rebate will be issued, and no on-site post-inspection should be scheduled.

Exhibit A
City Council 47 – 43 6/21/2022
If the application has satisfied all of the above requirements, Participant Agency and/or its inspector will work with Applicant to schedule the mandatory on-site post-inspection. The purpose of the on-site post-inspection is to serve as an independent verification of the information contained in the application. For commercial sites that are also participating in the Turf Removal Program and inspected by Metropolitan’s inspection contractor, Participant Agency is required to perform the on-site post-inspection for the Spray-to Drip portion of the project. As part of the on-site post-inspection, Participant Agency/inspector must verify the following:
• The actual square footage of the conversion area. All commercial spray-to-drip sites will be measured by the Participant Agency and or its inspector for 100% of the sites for 100% of the spray-to-drip conversion areas during the post-inspections. The required minimum techniquesfor area measurements are described in Section V -Measurement Techniques. • That drip irrigation equipment has been installed. The type of drip equipment (embedded emitter tubing/microspray/point source emitters) must be noted and photographed.

Please note that ineligible equipment, such as point source emitters, would invalidate the project.
• That pressure regulation/filtration components have been installed as part of the drip conversion. Manufacturer/make, model, model number/SKU, and quantity should be documented, and the equipment should be photographed.
• That drip tubing has been installed. The drip tubing should be photographed. If covered, a minimum of a 20-foot section must be uncovered for the photograph. • That spray irrigation is no longer functional in the drip conversion area(s). Any remaining spray heads in the conversion area must be capped (no exceptions).

Once the on-site post inspection is complete, the inspector will complete the Post Inspection, in full, and upload all photos and documentation. Once the Post Inspection Form has been submitted, it will be reviewed by MWDOC, along with copies of all receipts and invoices, andif the spray-to-drip project has satisfied all the terms, conditions, guidelines, and requirements ofthe program, the application will be processed for rebate. If all the terms, conditions, guidelines,and requirements of the program have not been satisfied, the post-inspection will be considered a fail, and the application will be denied and no rebate funds will be issued.

MWDOC reserves the right to conduct or attend any on-site post-inspection of any Spray-to Drip application should MWDOC, in its best judgment, deem it necessary to do so.

V. Measurement Techniques- On Site
When measuring sites, tape measurers remain the most accurate method of measurement.

Measuring wheels are nearly as accurate when rolling on a flatsurface such as concrete or asphalt.

Measuring wheels on turf or shrub areas run the risk of being inaccurate. Tape measurers are recommended whenever uneven surfaces are encountered. For large sites, a map should be provided indicating all the turf areas intended for removal and all project areas should be Exhibit A
City Council 47 – 44 6/21/2022
measured and noted with square footage.

Odd shapes are often hard to measure accurately. A series of methods of measuring odd shapes have been reviewed and below are a listing of acceptable measurement techniques of odd shapes.

Alternative measuring techniques must be submitted to MWDOC for review and approval prior to implementation and must be at least as accurate as the techniques listed here.

Non-Uniform Rectangular
First measure the length of the longest axis of the area (line AB). This is called the length line.

Next, divide the length line into equal sections, for example 13 ft. At each of these points, measure the distance across the area in a line perpendicular to the length line at each point (lines C through H). These lines are called offset lines. Finally, average the lengths of all offset lines and multiply the result times line AB (65 ft. in this example). This is most notably different from the Non-Uniform Ellipse method in that exactly one of the left or right edges is measured, in this case line “C.”
Exhibit A
City Council 47 – 45 6/21/2022
Example: Non-Uniform Rectangular
Length line (AB) = 65 ft
Distance between offset lines is 13 ft apart
Length of each offset line:

C = 20 ft F = 20 ft
D = 10 ft G = 25 ft
E = 15 ft H = 20 ft
Average length of = (C + D + E + F + G + H)
offset lines (Number of offset lines)
= (20 + 10 + 15 + 20 + 25 + 20) / 6
= 18.3 ft
Total Area = (Length line)
x (Average length of offset lines)
= 65 ft x 18.3 ft
= 1189.5 ft2
Irregular Rhombus or Widening Rectangular
A fast way to measure irregular rhombi is shown in the example below. Stake one end of the measuring tape at point (A, B); measure line d and then line B. Without removing the stake measure line c and then line A. Using those four measurements you will be able to find line f and line e. The areas of triangle (fd), triangle (ce), and rectangle (cd) can now be calculated.

Exhibit A
City Council 47 – 46 6/21/2022
Example: Irregular Rhombus
or Widening Rectangular
Length of each line:

A = 20 ft c = 18 ft
B = 25 ft d = 21 ft
Line (f) = A – c Line (e) = B – d
= 20 ft – 18 ft = 25 ft – 21 ft
= 2 ft = 4 ft
Area (cd) = c x d
= 18 ft x 21 ft
= 378 ft2
Area (ce) = (c x e) / 2
= (18 ft x 4 ft) / 2
= 36 ft2
Area (fd) = (f x d) / 2
= (2 ft x 21 ft) / 2 = 21 ft2
Total Area = Area (cd) + Area (ce) + Area (fd)
= 378 ft2
+ 36 ft2 + 21 ft2
= 435 ft2
Non-Uniform Round
First measure 16 evenly spaced radii from the same center point (point A). This is called the center point. Next take the average of all the radii (B + C + D + E + F + G + H + I + J + K + L + M + N + O + P + Q) / 16. Use the average radii to calculate the area of a circle. (12.25 ft. in this example).

Board used for measuring
Exhibit A
City Council 47 – 47 6/21/2022
Example: Non-Uniform Round
Length of each offset line:

B = 10 ft E = 12 ft H = 10 ft K = 9 ft N = 16 ft Q = 9 ft C = 15 ft F= 15 ft I = 15 ft L = 8 ft O = 10 ft D = 10 ft G = 13 ft J = 17 ft M = 15 ft P = 12 ft Number of radii = 16
Average length of offset lines
= (B + C + D + E + F + G + H + I + J + K + L + M + N + O+ P + Q) / (Number of radii)
= (10 + 15 + 10 + 12 + 15 + 13+ 10 + 15 + 17 + 9 + 8 + 15 + 16 + 10 + 12 + 9) / 16
= 12.25 ft
Total Area = π x 12.252 ft
= 3.14 x 12.25 ft x 12.25 ft
= 471 ft2
Non-Uniform Ellipses
The method used for irregularshaped areasis called the "offset method". First measure the length of the longest axis of the area (line AB). This is called the length line. Next, divide the length line into equal sections, for example 10 ft. At each of these points, measure the distance across the area in a line perpendicular to the length line at each point (lines C through G). These lines are called offset lines. Finally, add the lengths of all offset lines and multiply the result times the distance that separates these lines (10 ft. in this example). This is most notably different from Non-Uniform Rectangular in that neither the left or right edges of the shape are measured in the ellipse.

Example: Non-Uniform Ellipse
Length line (AB) = 60 ft
Distance between offset lines is 10 ft apart
Length of each offset line
C = 15 ft F = 25 ft
D = 10 ft G = 20 ft
E = 15 ft
Total length
of offset lines = C + D + E + F + G
= 15 + 10 + 15 + 25 + 20
= 85 ft
Total Area = (Distance between offset lines)
x (sum of the length of offset lines)
= 10 ft x 85 ft
= 850 ft2
Exhibit A
City Council 47 – 48 6/21/2022
Non-Uniform Ellipses Alternate
An alternate method of measuring non-uniform ellipsesis by dividing the ellipsesin uniform parts and utilizing the non-uniform round method as described above. An example is shown below.

VI- Measurement Techniques - Aerial
Please note that aerial inspections are allowed for area-based pre-inspections only.

Aerial inspections must be performed using GIS software, such as ArcGIS, NearMap, or GoogleEarth. Imagery resolution should be at least 1 foot. Google MyMaps or Google Maps will not be sufficient for performing aerial inspections. If you would like an exception or have a question about a specific method please ask MWDOC.

When performing aerial inspections, please see the steps:
• Look up the site address in your GIS system
• If measuring aerially is difficult due to tree cover or other issues, you must perform an on-site preinspection • Use the site plan and/or customer submitted photos as a guide for measuring the application areas • Draw out one or more polygons measuring the area on the map • Screenshot the aerial measurement with the polygons that must be uploaded to the Droplet portal • Complete pre-inspection form and upload to Droplet portal.

Exhibit A
City Council 47 – 49 6/21/2022
Invoice No. 16871
Name
Street
City Orange State CA ZIP 92607-0205
Date 8/29/2022
Due Date Upon Receipt
Attn:

Amount
$ 101,507.28
$ (264.07)
$ 7,455.93
$ -
Total Refund Due $ 108,699.14
Cust #: Example
GLA #:

GLA #:

GLA #:

GLA #:

Please direct your inquiries to the Accounting Department.

Description
School Program FY 21-22
School Program Adjustment for prior year FY 20-21
Agency
P.O. Box 30205
Accounts Payable
FY 2021-2022 Choice Programs Billing Invoice
Water Use Efficiency FY 21-22
WUE Adjustment for prior year FY 20-21
P.O. Box 20895
Fountain Valley, CA 92728
Phone: (714)963-3058
Fax: (714)964-9389

INVOICE
Customer
Payment Details

EXAMPLE
Exhibit B
City Council 47 – 50 6/21/2022
By Retail Agency Metropolitan Incentives [1] MWDOC Grants [2] Vendor Fees [3] Total Outside Funding Percentage Share Initial Choice Allocation Prior Year Percentage Share Ajustment for Prior year Current Year Invoice Amount Brea $26,115 $15,123 $1,766 $43,004 1.12% $9,823.12 3.11% ($3,726.63) $6,096.49 Buena Park $19,930 $4,369 $1,463 $25,762 0.67% $5,884.55 0.92% ($1,097.15) $4,787.40 East Orange County Water District $410 $300 $41 $751 0.02% $171.43 0.16% ($196.59) ($25.16)El Toro Water District $65,866 $34,391 $5,042 $105,299 2.75% $24,052.89 1.99% ($2,380.27) $21,672.62 Fountain Valley $46,979 $62,819 $4,506 $114,304 2.99% $26,109.82 1.55% ($1,857.63) $24,252.19 Garden Grove $13,396 $619 $1,381 $15,396 0.40% $3,516.77 1.08% ($1,292.86) $2,223.91 Golden State Water Company $62,276 $3,745 $5,660 $71,680 1.87% $16,373.53 1.23% ($1,470.08) $14,903.45 Huntington Beach $144,453 $62,892 $9,105 $216,450 5.65% $49,442.39 9.99% ($11,957.47) $37,484.91 Irvine Ranch Water District $663,528 $408,013 $39,658 $1,111,200 29.02% $253,824.61 28.02% ($33,530.90) $220,293.71 La Habra $5,562 $3,679 $454 $9,695 0.25% $2,214.47 0.35% ($418.37) $1,796.10 La Palma $1,314 $119 $154 $1,587 0.04% $362.52 0.31% ($373.10) ($10.58) Laguna Beach County Water District $2,975 $2,234 $295 $5,504 0.14% $1,257.14 0.31% ($367.14) $890.01 Mesa Water District $181,715 $32,183 $2,823 $216,721 5.66% $49,504.18 5.17% ($6,183.03) $43,321.15 Moulton Niguel Water District $574,192 $101,507 $17,513 $693,213 18.11% $158,346.39 11.06% ($13,237.59) $145,108.80 Newport Beach $21,491 $39,755 $616 $61,861 1.62% $14,130.64 4.89% ($5,852.14) $8,278.50 Orange $115,332 $34,292 $5,442 $155,066 4.05% $35,420.89 3.65% ($4,363.41) $31,057.48 San Clemente $77,211 $39,850 $6,517 $123,577 3.23% $28,227.93 2.12% ($2,537.84) $25,690.10 San Juan Capistrano $76,813 $15,423 $2,803 $95,040 2.48% $21,709.46 0.84% ($1,008.23) $20,701.23 Santa Margarita Water District $332,737 $126,297 $21,290 $480,323 12.55% $109,717.36 10.92% ($13,069.56) $96,647.79 Seal Beach $10,286 $0 $989 $11,275 0.29% $2,575.56 0.16% ($186.66) $2,388.90 Serrano Water District $2,824 $3,817 $146 $6,788 0.18% $1,550.49 0.15% ($174.69) $1,375.80 South Coast Water District $63,420 $14,353 $2,849 $80,622 2.11% $18,415.96 3.46% ($4,136.50) $14,279.46 Trabuco Canyon Water District $5,145 $5,964 $410 $11,519 0.30% $2,631.20 0.76% ($913.77) $1,717.43 Tustin $28,933 $21,410 $2,398 $52,741 1.38% $12,047.39 2.62% ($3,140.68) $8,906.71 Westminster $11,677 $7,848 $787 $20,312 0.53% $4,639.70 1.31% ($1,568.69) $3,071.01 Yorba Linda Water District $71,214 $17,196 $4,781 $93,191 2.43% $21,287.12 3.45% ($4,127.79) $17,159.33 Anaheim $0 $3,504 $0 $3,504 0.09% $800.41 0.18% ($216.43) $583.99 Fullerton $0 $1,538 $0 $1,538 0.04% $351.39 0.14% ($162.60) $188.79 Santa Ana $0 $559 $0 $559 0.01% $127.69 0.09% ($109.07) $18.62 Orange County Total $2,625,795 $1,063,799 $138,888 $3,828,482 100% $874,517.00 100.00% ($119,656.87) $754,860.13 [1] Incentive amounts funded though Metropolitan's Conservation Credits Program. Programs include Commercial, Industrial, Institutional, Residential, Landscape, and Recycled Water Conversion.[2] Outside funding through grants awarded to MWDOC by the California Department of Water Resources, and US Bureau of Reclamation. Excludes member agency administrative and supplemental contributions.[3] Vendor fees are administrative processing costs paid for by Metropolitan or through MWDOC grants.

MWDOC Water Use Efficiency Choice Allocation for FY 2019/20 Based on Outside Funding in December 1, 2017 - November 30, 2018 Exhibit C
 City Council 47 – 516/21/2022  Public Works Agency
www.santa-ana.org/pw
Item # 48
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Santa Ana Regional Transportation Center – Lease Agreement

AGENDA TITLE
Approve a Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center for up to a Two-year Period for a Revenue Amount up to $265,601

RECOMMENDED ACTION
Authorize the City Manager to execute a site lease agreement with Walsh Construction Company II, LLC for the rental of office space at the Santa Ana Regional Transportation Center, beginning June 21, 2022 and ending June 20, 2024, at a monthly rate of $11,073, for a revenue amount up to $265,601 for the term of the agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney.

DISCUSSION
The OC Streetcar is the first modern streetcar project to be built in Orange County and will service Santa Ana’s historic downtown, which includes federal, state, and local courthouses; government offices; colleges; an artists’ village; and a thriving restaurant scene. The OC Streetcar will operate along a 4.15-mile route that connects the Santa Ana Regional Transportation Center (SARTC) and a new transit hub at Harbor Boulevard and Westminster Avenue in Garden Grove. OCTA is the lead agency for the OC Streetcar Project.

OCTA selected Walsh Construction as the Contractor for the project. On December 18, 2018, the City Council approved a site lease agreement with Walsh Construction Company II, LLC to lease office space at SARTC. The lease expired on December 18, 2021 and Walsh Company II, LLC continued leasing the space on a monthly-to-month basis. The firm approached the City requesting to continue leasing space at SARTC for the duration of the OC Streetcar Project. Staff requests approval of the lease agreement to continue providing office space to Walsh Construction Company II, LLC for the next two years. The lease will generate revenue for the SARTC day-to-day operations.

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

City Council 48 – 1 6/21/2022
Site Lease Agreement with Walsh Construction
June 21, 2022